Military Laws And Rules And Regulations For The Armies Of The United States.
Adjutant and Inspector General’s Office Washington, May 1st , 1813
Art. 66 Every officer commanding a regiment, or corps, may appoint, for his own regiment or corps, courts martial, to consist of three commissioned officers, for the trial and punishment of offences, not capital, and deciding upon their sentences. For the same purpose all officers commanding any of the garrisons, forts, barracks, or other places where the troops consist of different corps, may assemble courts martial, to consist of three commissioned officers, and decide upon their sentences.
Art. 67. No garrison or regimental court martial shall have the power to try capital cases, or commissioned officers, neither shall they inflict a fine exceeding one month’s pay, not imprison, not put to hard labor, any non-commissioned officer or soldier, for a longer time than one month.
Art. 68. Whenever it may be found convenient and necessary to the public service, the officers of the marine shall be associated with the officers of the land forces, for the purpose of holding courts martial and trying offenders belonging to either; and in such cases the orders of the senior officers of either corps who may be present and duly authorized, shall be received and obeyed.
Art. 69. The judge advocate, or some person deputed by him, or by the general, or officer commanding the army, detachment or garrison, shall prosecute in the name of the United States, but shall so far consider himself as counsel for the prisoner, after the said prisoner shall have made his plea, as to object to any leading question to any of the witnesses, or any question to any of the witnesses, or any question to the prisoner, the answer to which might tend to criminate himself; and administer to each member of the court before they proceed upon any trail, the following oath, which shall also be taken by members of the regimental and garrison courts martial.
“You, A B. do swear, that you will well and truly try and determine, according to evidence, the matter now before you, between the United States of America and the prisoner to be tried, and that you will duly administer justice, according to the provisions of “Art set establishing ruls and articles for the government of the armies of the United States” without partiality, favor, or affection; and if any doubt shall arise, not explained by said articles, according to your conscience, the best of your understanding, and the custom of war, in like cases; and you do further swear, that you will not divulge the sentence of the court until it shall be published by proper authority; neither will you disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. So help you God”
And as soon as the said oath shall have been administered to the respective members, the president of the court shall administer to the judge advocate, or person officiating as such, an oath in the following words:
“You, A. B. do swear, that you will not disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness, by account of justice, in due course of law. Nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God.”