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forwarded

to

General.

to a copy:

Courts of inquiry, how ordered.

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

may adjudge. Proceedings

Art. 113. Every judge-advocate, or person acting as Judge Advocate such, at any general court-martial, shall, with as much 201, 49, 57, 66212: 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. Party entitled

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."

ART. 115. A court of inquiry, to examine into the nature Tib Art. War. of any transaction of, or accusation or imputation against,

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 em-
ployed, 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.

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. S 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 113 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 hılp 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, aaru rately and impartially record the proceedings of the court and the evidence to be given in the case in hearing: So help

Members of court of inquiry.

bers and record

you God."

Witnesses before courts of in. quiry.

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

NALS.

See the titie, The Reviewing Authority,in the chapter entitled MILITARY Tribe

Sec. 5 of the act of July 27, 1892 (27 Stat. L., 281), provides that commanding 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 TRIBINALS.

c. 79, s. 25, v. 12,

118 Art. War.

121 Art. War.

thereof. Such witnesses shall take the same oath which Mar: 3, 1863, C. is taken by witnesses before courts-martial," and the 736; Mar. 3, 1863 , party accused shall be permitted to examine and cross- P. 754. examine them, so as fully to investigate the circumstances in question."

Art. 119. A court of inquiry shall not give an opinion gi opinion; when on the merits of the case inquired of unless specially 119 art. War. ordered to do so.”

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

ART. 121. The proceedings of a court of inquiry may be colroceedings of admitted as evidence by a court-martial, in cases not capi

used asevidence. tal nor extending to the dismissal of an officer: Provided, That the circumstances are such that oral testimony can not be obtained.”

Art. 122. If, upon marches, guards, or in quarters, dif- command, ferent 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.?

ART. 123. In all matters relating to the rank, duties, y Regular and rights of officers, the same rules and regulations shall cers apply to officers of the Regular Army and to volunteers rank, eta commissioned in, or mustered into said service, under the 139, s. 2, v. 14, p. laws of the United States, for a limited period."

ART. 124. Officers of the militia of the several States, orRank of militia 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 159, s. 2, v. 14, p. 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,

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

i 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

and

offon same footing as to

Mar. 2, 1867, c.

123 Art. War.

124 Art. War.

3

Deceased officers' effects.

125 Art, War.

1

diers' effects.

Effects of deceased officers

be accounted for.

months to every regiment, etc.

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. Deceased 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 quarters, 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.

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

ART. 128. The foregoing articles shall be read and pubto be published once in six lished, once in every six months, to every garrison, regi128 euri.etar. 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.

SEC. 1343. All persons who, in time of war, or of rebelApr. 10, 1806, C. 30, S2 V 30: lion against the supreme authority of the United States, 4:25, 1.4, v, 12, . shall be found lurking or acting as spies, in or about any c. 75, s. 38, v. 12, of the fortifications, posts, quarters, or encampments of

any of the armies of the United States, or elsewhere, shall be triable by a general court-martial, or by a military com

mission, and shall, on conviction thereof, suffer death. See the title Deceased Officers," in the chapter entitled COMMISSIONED OFFICER 2 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 & 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 accountice 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 steamtal. 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.

p. 737.

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.

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