Western Sun, Volume 1, Number 22, Vincennes, Knox County, 23 February 1808 — Page 4

EXTRACT FROM THE MILITIA LAW. Art. 4. If any militia man (hall defer! w hile he is on a tour of duty, he fliall be fined not exceeding fifty dollars, and be obliged to march on the next tour of duty, under the fame penalties as the firft. If a non-commiflioncd officer fliall fo defert, he fliall be degraded and placed in the ranks, and fhall pay a fine not exceeding feventy five dollars, and be obliged to ferve another tour as a private. Art. 5. Every general court martial, fliall confift of thirteen members exclufive of a judge advocate, all of whom fliall be commifiioned officers, not under the rank of captain, and the officer higheft in rank fliall prefide. ' Art. 6. Every regimental court martial, fhall be compofed of five members, all

commiffioned officers, one of their number a pcefident, not under the rank of a captain. Art. 7. All members of a court martial are to behave with decency and calmnefs, and in giving their votes are to begin with the youngellin commiffion.

Which oath Riall be adminiftered by thethe tlitie and place oft the meeting notice of

judge advocate to the prcfident and mem- of any fuch court martial.

Art. 17. If any non. commiffioned Xf-

Art. ii The judge advocate fliall be fi7 or private, fliall tliink.himfdf .gsrievDointcd by the commandant of each rc-?dI;.h's P5am' or otl,er '"Per.or m the

appointed by

giment, who fliall hold his appointment

battalion, troop or company, to which he

,i n,.,ii ,X wimvino- mh. nr affirm. 5 officer of the rcgIment, who fhall caufe

ation, which fliall be adminiftered by thc his adjutant to fummonsa regimental court iriffml initio iiifli Jirrnrr liner trv tho

court martial, to wit

martial, for duing jullice according to the

nature of the cafe.

cc

do fvvear, or affirm,

Art. 18. The party tried by any gene.

as the cafe may be, that 1 will faithfully ex- frl court martial? Hiall be entitled to a copy ecutethe office of judge advocate to this of the fcntcncCf anf proceedings of fuch court now met for the trial of jcourt martia aftcr the decifmn on the fento the bell of my abilities and underftand.:tenccN upon denand thereof made by himing, and the cuftom of war in like calcs, ifclf; or by any uher pcrfon or perfons ;n his and that I will not difclofe nor dilcover . thejbehalr whether fuch lenience be aonroved

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kopinion oi mis coun maruai, unui appro-i0r or nnt

veci or unapproved ot oy tne commanding

officer, and that I will not at any time dif-

Art. 1 9. No penalty fliall be iiiflidled at

clofe or difcover the vote or opinion of any 'the difcretion of a court martial, other than

member, unlefs called upon by a court ofjdegrading,cahiiering or fining.

AtU 8. No officer fliall be tried but by a general court martial, nor by officers of an inferior rank, if it can be avoided, nor flialj any proceedings or trials be carried on except between the hours of eight o'clock in the morning and three o'clock in the afternoon, excepting in cafes which in the dpinion of the officer appointing the court requires an immediate example.

jullice to give

courfe of law,"

evidence thereof in due

It fliall be the duty of the judge advocate, to profucute for the Territory, and to keep a record of the whole proceedings of the

court, taking inro view the depolltions of

witneflfes that may be introduced ; and he fhall alio exercife the duties of Clerk to the regiment.

Art. 20. The commanding officer for the time being, fliall have lull power of pardoning, or mitigating any cenfUres or penalties fo ordered to be inflicted, on any private or non-commiflioned officer, for the breach of any of thefe articles, by a general court martial ; and every offender convicted as aforefaid, by any regimental court martial, may be pardoned, or have the penalty mitigated by the lieutenant colonel, or commanding officer of the regiment, excepting'

only where fuch cenfures or penalties are

Art. 14. The commandant of each re

giment fliall annnint n nrnvriff mm-tinl far

w t ft . -X . m V Mm mm m.

his regiment, who ihali hold his anix)int-rJireCle(1 as iaCislaction ior injuries received

ment during the nleafure of faid comman. bV an officer, or private, from another ; but

dant: It fliall be his dutv to fummon all in cafe of officers, fuch fentence to be ap-

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witnefles, having received nrocefs for that proved ot by the commamler in chief of the

i i . . .

purpofe from the nrefident of courts mar- militia, wno is empowered to pardon or ini

tial; to execute the orders of the court, tigatc iucli lentence, or disprove of the

and keep byllanders from interrupting lame tlif rnurt vliilf (ittinrr nnrl flmH fivnrnllo

the duties of collector of fines and for- ,u 1-"T any commimonta omcer, feitures. ,ha" at am time or uPon any occafion, be

have in an unofficer like, ungentlemanly, or

The judge advocate and provoft martial Ull.gr.ul manncr thc commander in

fliall be allowed fuch comDenfation as the cniet " the perlon acculed be a major gc-

. . I 1 . t 1 r i

court martial may dirett, to be paid out of ,Icrui ; UIC Kcuerai oi uiviucuit a ongathe fines : and it fhall be their dntv to nt. (,,er general ; the brigadier, if. a field offi-

tendaanv court ofennuirv. or court martiJcer 5 or the lieutenant colonel, or comman-

fficcr, or private is confined under guard Jal, when thereto required, by the com- clin& fficer of a regiment, if an jmferior ofhis crime fliall be lodged with the officer of!mandant of their regiment. ficer as tIlc oufe mar J)C lm11 ftc applicati

on of a commiilioned officer, may appoint a

i i r .1 r- . . .i

And nil nrrf.mc rnllprl hq ivitnrfT,c In l,oar" 01 1111 "Ctrb, 10 enquire 11UO tne

nvr.:ifKliffnrar.ni!Ptmnrti:il hr (hull P,. maiiirr ui cuinpiiiiiu, anu 11 upon llieir re-

rfn to nttrnrl a.iH mv Pvlrinnn. f'v.ii , Port it fhall appear to hi m deferring of tri-

Art. 11. In every court martial not' .f nrlirrd or rinr( nf thr fiii;".r.Vmn ,r tJ'dl thcn an(1 in fuch cafe fhall direa a

. i.i n . i l . n 1 x...... w mi. .t r i. i

Ids than two tnirasot tne memocrsmuu a-court in any fum not cxcccdinsf fifty dol- 01 " ,Uiir wno,LI,r c ""f "crcin, irrce in every fentence, for inflicting any'i.... Miall have the lame cllect as li the offence

punifliment, otherwife thc perfon charged ' had been committed when On actual duty

ihall be acquitted.

Art. 9. The judge advocate fhall pro. fecute in the name of the Territory, but fhall fo far confider himfelf as counfel for the prifoner, as to object to any leading queflion, to any witnefs, or any queflion to the prifoner, the anfwer to whigh might lead to criminate himfelf. Art. 10. When a non-commiffioned of-

the guard, within twelve hours after the pri

foner's confinement, otherwife thc prifoner Ihall be fet at liberty.

Art. 15. Noofficcror private, beinc a ... mm .......

Art. 12. Theprefidentofcach and c charged with tranfgretling thefc rules, ihallL . 1 V 1mi,!lia1on MC ayS !

vert court martial, wiieincr general or rcgi-uc uiiiercu to uouuty in a regiment, com- . .1 r ii . ,. , mental, fliall require all witnelfes in order 'piny or troop, to which he belongs, until , ,n T ridffim notcKccclmgfix tothetrialoloffciMlcrs.to declare on oath :he has had his trial by a court martial, and ! """V 1 rmnk 'y are not kept above or affirmation, that the evidence they fliall every perfon lb charged, Ihall be tried as "f l'ou.rs.nnc!cy . arn' one time, give, is the truth, the whole truth, and no-Toon as a court martial can conveniently be r "'B alIWcd l rcfrdh them"

thing but thc truth, and the members of all aifemblcd.

fuch courts, Ihall take an oath or affirmation as follows, to wit :

A rf 01 AIIHmo tl.af riw.n iv :

A f TC 'rr t rr I iu iiuv.. inui, nielli urj lllClirArt. 16. Ifanv non-rcmmiffioned offi. r,i i . t, tt, r n ,, . . , . . ret! uy :niv ol thele rues. lh;i w nnul to

. . . inv. IJIIV-I 111 4.13 A I V,UiUI CI Ul 11IC

UUUIV. Ill

rf ,1 r . . V wcar :.y...s.ic..ien am co.onci, or me commana- which the ofleuder , elides, (whole receipt or affirm, as the cafe may be, that I w.lj mg officer of the regiment, and Ihall upon lhal, be a difeluTgc lor the D ue) within f,xhcar and determine according to evidence, due application made to him, be mv dws utter they U-coinc due I I' to the bell of my underllanding, and thc fufcd redrds, lie may complain to the bri- of 'a orrelufal to mv inv of tho IT cuftom of war in like cafes, between the Uglier, who Ihall direa the commiilioned fi , lhaH be levied ami colleaed h Indiana 1 erntory, and officers to enquire into the nature ol the now to be tried, and that 1 will not difclofe complaint ; and if they report that thc per- .

the opinion of this court, until approved orfon complaining in their opinion, has been dif.ipproved by thc commanding officer, or injured, thc brigadier general (hall then dicommander in chief, as thc cafe may bc,rcc thc brigade infpcclor, at a certain time and that I will not at any time clifcover or and place to fummons a general court mar. difclofe the opinion of any particular mcui-ltiul, for the purpofe of doing jullice to theher unlefs called upon to give evidence pcrfon complaining; and Ihall alfo direfl

thereof by a court of jullice, in due courfe thc brigade infpeclor, to give thc perfon

F2 0M

THE PltESS OF

LI JILT STOUT, Printer to thc Indiana Territory.

of law."

T 1

complained of, at lead eight days previous