Military Laws And Rules And Regulations For The Armies Of The United States.
Adjutant and Inspector General’s Office Washington, May 1st , 1813
Art. 91. In cases where the general or commanding officer may order a court of inquiry to examine into the nature of any transaction, accusation, or imputation, against any officer or soldier, the said court shall consist of one or more officers, not exceeding three, and a judge advocate, or other suitable person as a recorder, to reduce the proceedings and evidence to writing, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to summon witnesses as a court martial and to examine them on oath. But they shall not give their opinion on the merits of the case, excepting they shall be thereto specially required. The person accused shall also be permitted to cross examine, and interrogate the witnesses, so as to investigate fully the circumstances in question.
Art. 92. The proceedings of a court of inquiry must be authenticated by the signature of the recorder and the president, and delivered to the commanding officer and the said proceedings may be admitted as evidence by a court martial, in cases not capital or extending to the dismissing of an officer, provided that the circumstances are such, the oral testimony cannot be obtained. List as courts of inquiry may be permitted to dishonorable purposes, and may be considered as engines of destruction of military merit, in the hands of weak and envious commandants, they are hereby prohibited, unless directed by the President of the United States, or demanded by the accused.
Art. 93. The judge advocate, or recorder, shall administer to the members the following oath:
“You shall well and truly examine and inquire according to your evidence, into the matter now before you, without partiality, favor, affection, prejudice, or hope of reward. So help you God.”
After which the president shall administer to the judge advocate, or 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.”
The witnesses shall take the same oath as witnesses sworn before a court martial.
Art. 94. When any commissioned officer shall die, or be killed in the service of the United States, the major of the regiment, or the officer doing the major’s duty in his absence, or in any post or garrison, the second officer in command, or the assistant military agent, shall immediately secure all his effects or equipage then in camp or quarters, and shall make an inventory thereof, and forthwith transmit the same to the office of the Department of War, to the end, that his executors or administrators may receive the same.Art. 95. When any non-commissioned officer, or soldier, shall die, or be killed in the service of the United States, the then commanding officer of the troop, or company, shall, in the presence of two other commissioned officers, take an account of what effects he died possessed of, above his arms and accoutrements, and transmit the same to the office of the Department of War, which said effects are to be accounted for, and paid to the representatives of such deceased non-commissioned officer, or soldier. And in case any of the officers, so authorized to take care of the effects of deceased officers and soldiers, should, before they have accounted to their representatives for the same, have occasion to leave the regiment, or post, by preferment, or otherwise, they shall, before they be permitted to quit the same deposit in the hands of the commanding officer, or of the assistant military agent, all the effects of such deceased non-commissioned officers and soldiers, in order that the same may be secured for, and paid to their respective representative.