forwarded to court-martial may be held, shall have power to pardon or mitigate any punishment which such court may adjudge.' ART. 113. Every judge advocate, or person acting as, Proceedings such, at any general court-martial, shall, with as much Judge Advo expedition as the opportunity of time and distance of place July 17, 1962 e 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. cate General 201 8 5.6, v 12. "113 Art. War. Party entitled to a copy 114 Art. War. or. quiry, how ART. 114. Every party tried by a general court martial 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 Courts of inof 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." Members of court of inquiry. ART. 116. A court of inquiry shall consist of one or more officers, not exceeding three, and a recorder, to reduce the 116 Art. War. proceedings and evidence to writing." ART. 117. The recorder of a court of inquiry shall administer to the members the following oath: "You 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, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing: so help you God." Oaths of mem bers and record er of court of in 11 Art. War. quiry W these be Mar 3, 1867 e ART. 118. A court of inquiry, and the recorder thereof, rts of in shall have the same power to suminon and examine wit nesses as is given to courts-martial and the judge-advocates thereof. Such witnesses shall take the same oath, which is taken by witnesses before courts martials, and 118 Art. War. See the title The reviewing autuority In the chapter eat.tid MILITARY TRIBUNALA Section 5 of the at of Juis 27 1892–27 Stat 1. 28. prowles that commanding cakes author mod to a prove than me the town of a un mars corta stail have the power trent ur a.tigate the same New also note to paragraph 2 The pardening power hee the title Record of proceedings in the chapter entitled MILITARY TR Courts of inquiry, in the chapter entitled MILITARY TRIBUNALS the title No in the roll. p. Opinion; when given by. 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 119 Art. War. on the merits of the case inquired of unless specially ordered to do so.1 Authentica tion of proceed court of inquiry ART. 120. The proceedings of a court of inquiry must be ings of court of authenticated by the signatures of the recorder and the inquiry. 120 Art. War. president thereof, and delivered to the commanding officer.' Proceedings of ART. 121. The proceedings of a court of inquiry may be used as evidence. 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 cannot be obtained.1 121 Art. War. Command, when different join. ART. 122. If, upon marches, guards, or in quarters, difcorps happen to ferent corps of the Army happen to join or do duty together, 122 Art. War. 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 needful to the service, unless otherwise specially directed by the President, according to the nature of the case.2 Regular and volunteer officers as to rank, etc. ART. 123. In all matters relating to the rank, duties, on same footing and rights of officers, the same rules and regulations shall Mar. 2, 1867, c. apply to officers of the Regular Army and to volunteers commissioned in, or mustered into said service, under the 123 Art. War. laws of the United States, for a limited period.2 159, s. 2, v. 14, p. 435. officers on duty Mar. 2, 1867, c. 435. Rank of militia ART. 124. Officers of the militia of the several States, with officers of when called into the service of the United States, shall on regular or volunteer forces. all detachments, courts-martial, and other duty wherein 159, s. 2, v. 14, p. they may be employed in conjunction with the regular or 124 Art. War. 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 125 Art. War. of his regiment, or the officer doing the major's duty, or the second officer in command at any post or garrison, as 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 offi. cers' effects. Deceased sol. diers' effects. 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, See the title "Courts of inquiry," in the chapter entitled MILITARY TRIBUNALS. 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 of deceased officers or soldiers shall account for and deliver the same, or the proceeds thereof, to the legal representatives 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.' ART. 128. The foregoing articles shall be read and published, once in every six months, to every garrison, regiment, 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. Effects of de ceased officers and soldiers to be accounted for. 127 Art. War. Articles of War to be published once in in six regiment, etc. months to every 128 Art. War. Spies. Apr. 10, 1806, c. 371; Feb.13, 1862, 340; Mar. 3, 1863, SEC. 1343. Ali persons who, in time of war, or of rebel. lion against the supreme authority of the United States, 20, s. 2, v. 2. p. shall be found lurking or acting as spies, in or about any c. 25, s. 4. v. 12. p. 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 commission, and shall, on conviction thereof, suffer death. 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. Gen. 139, par. 1.) 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 bal ance 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.) See also paragraphs 1003, 1004, 1077, and 1078, ante. a Compare Samuel, 659; Hough (Practice), 558. c. 75, s. 38, v, 12, p. C. 737. TREATIES, CONVENTIONS, AND AGREEMENTS. AMELIORATION OF THE CONDITION OF THE WOUNDED Ang. 22, 1864. Convention between the United States, Baden, Switzerland, Belgium, Denmark, Spain, France, Hesse, Italy, Netherlands, Portugal, Prussia, Würtemberg, Sweden, Greece, Great Britain, Mecklenburg-Schwerin, Turkey, Bavaria, Austria, Russia, Persia, Roumania, Salvador, Montenegro, Servia, Bolivia, Chili, Argentine Republic, Japan and Peru; with additional articles: For the amelioration of the wounded in armies in the field; concluded August 22, 1864; acceded to by the President March 1, 1882; accession concurred in by the Senate March 16, 1882; proclaimed as to the original convention, but with reserve as to the additional articles, July 26, 1882.1 Contracting parties. The Swiss Confederation; His Royal Highness the Grand Duke of Baden; His Majesty the King of the Belgians; His Majesty the King of Denmark; Her Majesty the Queen of Spain; His Majesty the Emperor of the French; His Royal Highness the Grand Duke of Hesse; His Majesty the King of Italy; His Majesty the King of the Netherlands; His Majesty the King of Portugal and of the Algarves; His Majesty the King of Prussia; His Majesty the King of Würtemberg, being equally animated with the desire to soften, as La Confédération suisse; Son Altesse Royale le GrandDuc de Bade; Sa Majesté le Roi des Belges; Sa Majesté le Roi de Danemark; Sa Majesté la Reine d'Espagne; Sa Majesté l'Empereur des Français; Son Altesse Royale le Grand-Duc de Hesse; Sa Majesté le Roi d'Italie; Sa Majesté le Roi des Pays-Bas; Sa Majesté le Roi de Portugal et des Algarves; Sa Majesté le Roi de Prusse; Sa Majesté le Roi de Wurtemberg,-également animés du désir d'adoucir autant qu'il dépend d'eux, les maux inséparables de la guerre; de The President's ratification of the act of accession, as transmitted to Berne and exchanged for the ratifications of the other signatory and adhesory powers, embraces the French text of the convention of August 22, 1864, and the additional articles of October 20, 1868. The French text is therefore, for all international purposes, the standard one. supprimer les rigueurs inu- much as depends on them, His Royal Highness the Grand Duke of Baden: Robert Volz, Knight of the Order of the Lion of Zæhringen, M. D., Medical Councillor at the Direction of Medical Affairs; and Adolphe Steiner, Knight of the Order of the Lion of Zæhringen, Chief Staff Physician; His Majesty the King of the Belgians: Auguste Visschers, Officer of the Order of Léopold, Councillor at the Council of Mines; His Majesty the King of Denmark: Charles Émile Fenger, Commander of the Order of Danebrog, deco rated with the silver cross of Son Altesse Royale le Grand-Duc de Bade: le Sieur Robert Volz, Chevalier de l'Ordre du Lion de Zæhringen, Docteur en médecine, Conseiller médical à la Direction des affaires médicales; et le Sieur Adolphe Steiner, Chevalier de l'Ordre du Lion de Zæhringen, Médecin-major; Sa Majesté le Roi des Belges: le Sieur Auguste Visschers, Officier de l'Ordre de Léopold, Conseiller au Conseil des mines; Sa Majesté le Roi de Danemark: le Sieur Charles-Émile Fenger, Commandeur de l'Ordre du Danebrog, décoré de la croix d'argent dumême Plenipotentia ries. |