which shall also be taken by all members of regimental and garrison courts-martial.

"You shall well and truly try and determine, according to evidence, the matter now before you, between the United States of America, and the prisoner to be tried, So help you God."

"You, A. B., do swear, that you will duly administer justice, according to the rules and articles for the better government of the forces of the United States of America, without partiality, favor or affection; and if any doubt shall arise, which is not explained by said articles, according to your conscience, the best of your understanding, and the custom of war, in the like cases. And you do further swear, that you will not divulge the sentence of the court, until it shall be published by the commanding officer. Neither will you, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.”

As soon as the said oaths shall have been administered to the respective members, the president of the court shall administer to the judge-advocate, or person officiating as such, an oath in the following words:

You, A. B., do swear, that you will not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. So help you God."

ART. 7. All the members of a court-martial are to behave with decency and calmness; and in giving their votes, are to begin with the youngest in commission.

ART. 8. All persons who give evidence before a court-martial, are to be examined on oath, or affirmation, as the case may be, and no sentence of death shall be given against any offender by any general court-martial, unless two-thirds of the members of the court shall concur therein.

ART. 9. Whenever an oath or affirmation shall be administered by a courtmartial, the oath or affirmation shall be in the following form:

"You swear (or affirm, as the case may be) the evidence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God."

ART. 10. On the trials of cases not capital, before courts-martial, the depositions of witnesses, not in the line or staff of the army, may be taken before some justice of the peace, and read in evidence, provided the prosecutor and person accused are present at the taking the same.

ART. 11. No officer shall be tried but by a general court-martial, nor by officers of an inferior rank if it can be avoided. Nor shall any proceedings or trials be carried on, excepting between the hours of eight in the morning and three in the afternoon, except in cases which, in the opinion of the officer appointing the court require immediate example.

ART. 12. No person whatsoever shall use menacing words, signs, or gestures in the presence of a court-martial, or shall cause any disorder or riot to disturb their proceedings, on the penalty of being punished at the discretion of the said court-martial.

ART. 13. No commissioned officer shall be cashiered, or dismissed from the service, excepting by order of Congress, or by the sentence of a general court-martial; and no non-commissioned officer or soldier shall be discharged the service, but by the order of Congress, the secretary at war, the commander-in-chief, or commanding officer of a department, or by the sentence of a general court-martial.

ART. 14. Whenever any officer shall be charged with a crime, he shall be

arrested and confined to his barracks, quarters or tent, and deprived of his -word by his commanding officer. And any officer, who shall leave his confnement before he shall be set at liberty by his commanding officer, or by a super or power, shall be cashiered for it."

AxT 15. Non-commissioned officers and soldiers, who shall be charged with crimes shall be imprisoned, until they shall be tried by a court-martial, ve released by proper authority.

ART. 16. No officer or soldier, who shall be put in arrest or imprisonment, ** all continue in his confinement more than eight days, or until such time as a art-martial can be assembled.

ART. 17. No officer commanding a guard, or provost-marshal, shall refuse to receive or keep any prisoner committed to his charge by any officer bekinging to the forces of the United States, provided the officer committing sta, at the same time, deliver an account in writing signed by himself, of the crime with which the said prisoner is charged.

ART 1×. No officer commanding a guard, or provost-marshal, shall presume to release any person committed to his charge, without proper authorsty for wed ing; nor shall he suffer any person to escape on penalty of being panned for it by the sentence of a court-martial.

Art 19. Every officer, or provost-marshal, to whose charge prisoners shad be e minitted, shall, within twenty-four hours after such commitment, or as soon as he shall be relieved from his guard, make report in writing, to the commander-in-chief, or commanding officer, of their names, their crimes, and the names of the officers who committed them, on the penalty of his being punished for disobedience or neglect at the discretion

- a court-martial.

ART 2) Whatever commissioned officer shall be convicted before a general o urt-martial, of behaving in a scandalous and infamous manner, su ta as is unbecoming an officer and a gentleman, shall be dismissed the

Axr 21. In cases where a court-martial may think it proper to sentence comm, sooned offer to be suspended from command, they shall have wer also to suspend his pay and emoluments for the same time, according & the nature and hein u-ness of the offence.

Axr 22. In all cases where a commissioned officer is cashiered for cowfraud, it shall be added in the sentence, that the crime, name, pae of able, and punishment of the delinquent be published in the bewanagers, in and about the camp, and of the particular state from which the jer came, or usually resides; after which it shall be deemed scanda. us! rary offer to associate with him.

Axt 2. The commanding officer of any post or detachment, in which there shall not be a number of officers adéquate to form a general courtmartial, shall, in cases which require the cognizance of such a court, repris tee mmanding - fficer of the department, who shall order a court the starry) led at the nearest post or detachment, and the party accused, with the recevary witnesses, to be transported to the place where the said ourt shall be assembled.

Aar 24. No person shall be sentenced to suffer death, except in the canes exigessly mentioned in the aforegoing articles; nor shall more than ume kunired lashes be inflicted on any offender at the discretion of a court

Every palgeadvocate, or person officiating as such, at any general courtmartini, stali transmit, with as much expedition as the opportunity of time ard: stance of place can admit, the original proceedings and sentence of such e- surt-martial, to the secretary at war, which said original proceedings

and sentence, shall be carefully kept and preserved in the office of the said secretary, to the end, that persons entitled thereto, may be enabled, upon application to the said office, to obtain copies thereof.

The party tried by any general court-martial, shall be entitled to a copy of the sentence and proceedings of such court-martial after a decision on the sentence, upon demand thereof made by himself, or by any person or persons in his behalf, whether such sentence be approved or not.

ART. 25. In such cases, where the general, or commanding officer may think proper to order a court of inquiry, to examine into the nature of any transaction, accusation, or imputation, against any officer or soldier, the said court shall be conducted conformably to the following regulations: It may consist of one or more officers, not exceeding three, with the judgeadvocate, or a suitable person, as a recorder, to reduce the proceedings and evidences to writing, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to summon witnesses as a court-martial, and to examine them on oath: but they shall not give their opinion on the merits of the case, excepting they shall be thereto specially required. The parties accused shall also be permitted to crossexamine and interrogate the witnesses, so as to investigate fully the circumstances in question.

ART. 26. The proceedings of a court of inquiry must be authenticated by the signature of the recorder and the president, and delivered to the commanding officer; and the said proceedings may be admitted as evidence, by a court-martial, in cases not capital or extending to the dismission of an officer; provided, that the circumstances are such that oral testimony cannot be obtained. But as courts of inquiry may be perverted to dishonorable purposes, and may be considered as engines of destruction to military merit, in the hands of weak and envious commandants, they are hereby prohibited, unless demanded by the accused.

ART. 27. The judge-advocate, or the recorder, shall administer to the members the following oath:

"You shall well and truly examine and inquire, according to your evidence, into the matter now before you, without favor or affection. So help you God."

After which the president shall administer to the judge-advocate, or recorder, the following oath:

"You A. B. do swear, that you will, according to your best abilities, accurately and impartially record the proceedings of the court, and the evidences to be given in the case in hearing. So help you God.”

The witnesses shall take the same oath as is directed to be administered to witnesses sworn before a court-martial.

Resolved, That when any desertion shall happen from the troops of the United States, the officer commanding the regiment or corps to which the deserters belonged, shall be responsible, that an immediate report of the same shall be made to the commanding officer of the forces of the United States present.

Resolved, That the commanding officer of any of the forces in the service of the United States, shall, upon report made to him of any desertions in the troops under his orders, cause the most immediate and vigorous search to be made after the deserter or deserters, which may be conducted by a commissioned or non-commissioned officer, as the case shall require. That, if such search should prove ineffectual, the officer commanding the regiment or corps to which the deserter or deserters belonged, shall insert, in the nearest gazette or newspaper, an advertisement, descriptive of the deserter or deserters, and offering a reward, not exceeding ten dollars, for

en h deserter who shall be apprehended and secured in any of the gaols of the neighboring states. That the charges of advertising deserters, the reasonable extra expenses incurred by the person conducting the pursuit, ari the reward, shall be paid by the secretary at war, on the certificate of the commanding officer of the troops.

Whereas the time for which the greater part of the troops on the frontiers are engaged, will expire in the course of the ensuing year,

Reed, That the interests of the United States require that a corps of seven hundred troops should be stationed on the frontiers to protect the sett-ers on the public lands from the depredations of the Indians; to facilitate the surveying and selling of the said lands, in order to reduce the puthe debt, and to prevent all unwarrantable intrusions thereon.

Redeed, That in order to save the great expense of transporting new levies to the distant frontiers of the United States, and also to avail the putiae of the discipline and knowledge of the country, acquired by the troops on the frontiers, it is highly expedient to retain as many of them as atal voluntarily re-engage in the service.

Rewired. That seven hundred non-commissioned officers and privates be raised for the term of three years, unless sooner discharged, and that the same be furnished in the proportions herein specified, by the states which raised the troops agreeably to the requisitions of Congress, of April, 1785. Connecticut............165 New York.......... New Jersey...........110 Pennsylvania..........260

165

That the commissioned officers for the said troops be furnished by the sa i states, agreeably to the present proportions.

That the organization of the said troops, together with the two companies of arti, ery raised by virtue of the resolves of Congress of the 20th of October, 1786, be according to the present establishment, to wit: one regiment of infantry of eight companies, each company four sergeants, four corprais, two musicians, and sixty privates; and one battalion of artillery, ff ur e mpanies, each company four sergeants, four corporals, two musimans and sixty privates,

Tat the secretary at war make the necessary arrangements, from time to time, to replace the men on the frontiers whose engagements shall

Tat the said troops shall be governed by such rules and articles of war as are shall be established by Congress, or a committee of the states. That the pay and allowances of the said troops be the same as directed by the resolve of Congress of April 12, 17×5.'

1 This establishment recognized by Congress, chap. 25, 29 Sept., 17×9, post, #nee 12 April, 173, ante.