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Military Laws And Rules And Regulations For The Armies Of The United States.

Adjutant and Inspector General’s Office Washington, May 1st , 1813

Art. 61. Officers having brevets, or commissions, of a prior date to those of the regiment in which they serve, may take place in courts martial and on detachments, when composed of different corps, according to the ranks given them in their brevets or dates of their former commissions; but in the regiment, troop or company, to which such officers belong, they shall do duty, and take rank, both in courts martial and on detachments, which be compsed only of their own corps; according to the commission by which they are mustered in the said corps.

Art. 62. If upon marches, guards, or in quarters, different corps of the army shall happen to join, or do duty together, the officer highest in rank of the line of the army, marine corps, or militia, by commission there, on duty, or in quarters, shall command the whole, and give orders for what is useful to the service, unless otherwise specially directed by the President of the United States, according to the nature of the case.

Art. 63. The functions of the engineers being generally confined to the most elevated branch of military science, they are not to assume, nor are they subject to be ordered on any duty beyond the line of their immediate profession, except by the special order of the President of the United States; but they are to receive every mark of respect, to which their rank in the army may entitle them respectively, and are liable to be transferred, at the discretion of the President, from one corps to another, regard being paid to rank.

Art. 64.  General court martial may consist of any number of commissioned officers from five to thirteen inclusively, but they shall not consist of less than thirteen, where that number can be convened, without manifest injury to the service.

Art. 65.  Any general officer commanding an army, or colonel commanding a separate department, may appoint general courts martial whenever necessary.  But no sentence of a court martial shall be carried into execution until after the whole proceedings shall have been laid before the officer ordering the same, or the officer commanding the troops for the time being; neither shall any sentence of a general court martial, in time of peace, exceeding to the loss of life, or the diversion of a commissioned officer, or which shall, either in time of peace or war, respect a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the United States for his conformation or disapproval and orders in the case.  All other sentences may be confirmed and executed by the officer ordering the court to assemble, or the commanding officer for the time being, as the case may be.


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