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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. 86.  The commanding officer of any post or detachment, in which there shall not be a number of officers adequate to form a general court martial, shall, in cases which require the cognizance of such a court, report to the commanding officer of the department, who shall order a court to be assembled at the nearest post or detachment, and the party accused with necessary witness, to be transported to the place where the said court shall be assembled.

Art. 87. No person shall be sentenced to suffer death but by the concurrence of two thirds of the members of a general court martial, nor except in the cases herein expressly mentioned; not shall more than fifty lashes be inflicted on any offender, at the discretion of a court martial,* and no officer, non-commissioned officer, or soldier, or follower of the army, shall be tried a second time for the same offence.

*Punishment by stripes or lashes abolished. See sec 7, act of 16th May, 16th, 1812.

Art. 88.  No person shall be liable to be tried and punished by a general court martial for any offence which shall appear to have been committed more than two years before the issuing of the order for such for such trial, unless the person, by reason of having absented himself, or some other manifest impediment, shall not have been amenable to justice within that period.

Art.89.  Every officer authorized to order a general court martial, shall have power to pardon or mitigate any punishment ordered by such court, except the sentence of death, or of cashiering an officer; which, in the cases where he has authority (by article 65) to carry them into execution, he may suspend until the pleasure of the President of the United States can be known; which suspension, together with copies of the proceedings of the court martial, the said officer shall immediately transmit to the President for his determination.  And the colonel or commanding officer of the regiment or garrison court martial shall be held, may pardon or mitigate any punishment ordered by such court to be inflected.

Art. 90.  Every judge advocate, or person officiating as such, at any general court martial, shall transmit with as much expedition as the opportunity of time and distance of place can admit, the original proceedings and sentence of such court martial, to the Secretary of War, which said original proceedings and sentence shall be carefully kept and preserved in the office of said Secretary, to the end that the persons entitled thereto may be cobbled, upon application to the said office, to obtain copies thereof. The party tried by any general court martial, shall, upon demand thereof made by himself, or by any person or persons in his behalf, be entitled to a copy of the sentence and proceedings of such court martial.


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