or garrison court-martial may be held, shall have power to pardon or mitigate any punishment which such court may adjudge.1

Proceedings ART. 113. Every judge-advocate, or person acting as forwarded to Judge-Advocate- such, at any general court-martial, shall, with as much July 17, 1862, C. expedition as the opportunity of time and distance of 113 Art. War. place may admit, forward the original proceedings and sentence of such court to the Judge-Advocate-General of the Army, in whose office they shall be carefully preserved.1

201, ss. 5, 6, v. 12.

Party entitled to a copy.

ART. 114. Every party tried by a general court-martial 114 Art. War. shall, upon demand thereof, made by himself or by any

person in his behalf, be entitled to a copy of the proceedings and sentence of such court.2

ART. 115. A court of inquiry, to examine into the nature

Courts of inquiry, how or

dered. Art. War. of any transaction of, or accusation or imputation against,

115

any officer or soldier, may be ordered by the President or by any commanding officer; but, as courts of inquiry may be perverted to dishonorable purposes, and may be employed, in the hands of weak and envious commandants, as engines for the destruction of military merit, they shall never be ordered by any commanding officer, except upon a demand by the officer or soldier whose conduct is to be inquired of."

Members court of inquiry.

of ART. 116. A court of inquiry shall consist of one or

116 Art. War. more officers, not exceeding three, and a recorder, to

reduce the proceedings and evidence to writing.3

Witnesses

be

fore courts of in

quiry.

Oaths of mem- ART. 117. The recorder of a court of inquiry shall er of court of in- administer to the members the following oath: “You

bers and record

66

quiry.

11 Art. War. shall well and truly examine and inquire, according to the evidence, into the matter now before you, without partiality, favor, affection, prejudice, or hope of reward: So help you God." After which the president of the court shall administer to the recorder the following oath: "You, A B, do swear that you will, according to your best abilities, accu rately and impartially record the proceedings of the court and the evidence to be given in the case in hearing: So help you God."

ART. 118. A court of inquiry, and the recorder thereof, shall have the same power to summon and examine witnesses as is given to courts-martial and the judge-advocates

'See the titie, "The Reviewing Authority," in the chapter entitled MILITARY TRIBU"NALS. Sec. 5 of the act of July 27, 1892 (27 Stat. L., 281), provides "that com manding officers authorized to approve the sentences of summary courts shall have the power to remit or mitigate the same." See also note to par. 2, "The pardoning power."

2 See the title, "The Record," in the chapter entitled MILITARY TRIBUNALS. 3 See the title, "Courts of Inquiry," in the chapter entitled MILITARY TRIBUNALS.

thereof. Such witnesses shall take the same oath which is taken by witnesses before courts-martial, and the party accused shall be permitted to examine and crossexamine them, so as fully to investigate the circumstances in question."

ART. 119. A court of inquiry shall not give an opinion on the merits of the case inquired of unless specially ordered to do so."

ART. 120. The proceedings of a court of inquiry must be Authentica authenticated by the signatures of the recorder and the ings of court of president thereof, and delivered to the commanding 120 Art. War. officer.

of inquiry used asevidence. 121 Art. War.

ART. 121. The proceedings of a court of inquiry may be Proceedings of admitted as evidence by a court-martial, in cases not capital nor extending to the dismissal of an officer: Provided, That the circumstances are such that oral testimony can not be obtained.

Command, when different

ART. 122. If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, corps happen to the officer highest in rank of the line of the Army, Marine 122 Art. War. Corps, or militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.3

Regular and

offisame

ART. 123. In all matters relating to the rank, duties, ver and rights of officers, the same rules and regulations shall cers on apply to officers of the Regular Army and to volunteers rank, etc. commissioned in, or mustered into said service, under the laws of the United States, for a limited period.3

footing as to Mar. 2, 1867, c.

159, s. 2, v. 14, p.

435.

123 Art. War.

Rank of militia

Regular or Vol

Mar. 2, 1867, c.

435.

159, s. 2, v. 14, p. 124 Art. War.

ART. 124. Officers of the militia of the several States, cers on duty when called into the service of the United States, shall on with officers of all detachments, courts-martial, and other duty wherein unteer forces. they may be employed in conjunction with the Regular or Volunteer forces of the United States, take rank next after all officers of the like grade in said Regular or Volunteer forces, notwithstanding the commissions of such militia officers may be older than the commissions of the said officers of the Regular or Volunteer forces of the United States.

Deceased offi

ART. 125. In case of the death of any officer, the major effects. of his regiment, or the officer doing the major's duty, or the second officer in command at any post or garrison, as

125 Art. War.

So in the roll.

* See the title "Courts of Inquiry," in the chapter entitled MILITARY TRIBUNALS.

3 See chapter entitled RANK AND COMMAND, ETC.

H. Doc. 545

-65

the case may be, shall immediately secure all his effects then in camp or quarters, and shall make and transmit to the office of the Department of War, an inventory thereof.1

Deceased diers' effects.

sol- ART. 126. In case of the death of any soldier, the com126 Art. War. manding officer of his troop, battery, or company shall

immediately secure all his effects then in camp or quar

ters, and shall, in the presence of two other officers, make an inventory thereof, which he shall transmit to the office of the Department of War.

Effects of de

ART. 127. Officers charged with the care of the effects and soldiers to of deceased officers or soldiers shall account for and deliver

ceased officers

be accounted for.

127 Art. War. the same, or the proceeds thereof, to the legal representa

tives of such deceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the commanding officer all the effects of such deceased officers or soldiers not so accounted for and delivered."

Articles of War

to be published

ART. 128. The foregoing articles shall be read and pubonce in six lished, once in every six months, to every garrison, regi

months to every regiment, etc.

128 Art. War. ment, troop, or company in the service of the United States.

and shall be duly observed and obeyed by all officers and soldiers in said service.

Spies.
Apr. 10, 1806, c.

SEC. 1343. All persons who, in time of war, or of rebel

20, s. 2. v. 2. p. lion against the supreme authority of the United States,

371; Feb. 13, 1862,

c. 25, s. 4, v. 12, p. shall be found lurking or acting as spies, in or about any

340; Mar. 3, 1863,

c. 75, s. 38, v. 12, of the fortifications, posts, quarters, or encampments of

p. 737.

any of the armies of the United States, or elsewhere, shall

be triable by a general court-martial, or by a military commission, and shall, on conviction thereof, suffer death.

See the title "Deceased Officers," in the chapter entitled COMMISSIONED OFFICERS. "This article, in connection with the two preceding articles, provides for the securing of the effects of deceased officers and soldiers, making inventory of the same, and accounting for them to the proper legal representative, etc. These articles have special reference to cases of deaths of military persons while in active service in the field or at remote military posts, and their provisions apply only to such effects as are left by the deceased "in camp or quarters." See articles 125 and 126. An attempt by the commander, etc., to secure effects left elsewhere would not be within the authority here given and might subject the officer to the liability of an administrator; such a proceeding would not therefore be advisable. (a) Upon accounting to the duly qualified legal representative, as directed in the article, the responsibility of the officer is discharged, and it remains for the representative to dispose of the property according to the law applicable to the case. Dig. Opin. J. A. G., par. 373.

A military employee of the United States service having died in the service, his remains at the request of his relatives, were sent to them on a Mississippi steamboat Wages being due to the employee at the time of his death, the disbursing officer paid out of these the charges of the transportation and turned over the balance to the man's heirs. Held, in view of the tenor and effect of this article, that the disposition of the funds in this case was erroneous, and that the full wages due (without deduction) should have been accounted for to the "legal representatives" of the deceased. Ibid., 140, par. 2.

a Compare Samuel, 659; Hough (Practice), 558.

APPENDICES.

1. THE GENEVA CONVENTION OF 1864.

II. ADDITIONAL ARTICLES OF OCTOBER 20, 1868.

III. ADDITIONAL AGREEMENT OF JULY 29, 1899, FOR THE ADAPTATION

OF THE RULES OF THE GENEVA CONVENTION TO MARITIME
WARFARE.

IV. THE AMERICAN NATIONAL RED CROSS.

V. THE ARMY REORGANIZATION ACT OF FEBRUARV 2, 1901.

VI. MAXIMUM PUNISHMENT ORDER.

VII. INSTRUCTIONS FOR THE GOVERNMENT OF THE ARMIES OF THE UNITED STATES IN THE FIELD (GENERAL ORDERS No. 100,

WAR DEPARTMENT, OF 1863).

VIII. CIVIL SERVICE RULES.

1027