Western Sun, Volume 4, Number 1, Vincennes, Knox County, 6 July 1811 — Page 4

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Sec. 40. T::r following artults, rules and regulations Hull govern the militia of il l temtmy, to "t: Arr. 1. ll any f,;lil or other commiffioned otticer, at any regimental review, or on.ny other occ-fion, when the rcgi.nent, battalion or company to which h- may belong, or in which he may hold a command, ispu-iJed in arms, Hull milb.-h.ive or demean himfelf in an unofiucr likr manner, he llnll for fuch offence be cafliiercd, or punilbed by fine, at the difcretion of a general court martial, as the cafe may require, in any fum not rxceeding fixly dollars: And if any non.commiffior.cd officer or private, lh ill on any cfrcafion of pirading the company to which he belongs, he drank, or Ib.il! dilohry orders, or (ball ufe any reproachful or abunve language to his officers, or any of them, or (hall quart el, or promote any quarrel among his fellow foldiers, he (ball be diiarmed and put under guard, by the commanding officer or officers ptt-frnt, until the company is Jifmififcd, and IhaJl be, by a regimental court martial, fined not more than twenty dollars, nor Ids than cue dotlar. Art. 2. If the lieutenant cclonel or commanding officer of any regiment or battalion, (haft neglect or refute to give orders for aflemb ling his regiment or battnlioiv, at the direction of the commander of the brigade to which he belongs, or in cafe of an iuvaiiou of the county ordiitrictto which fuch regiment or battalion belongs, he (lull be csfbiered, and punilbed by fine not exceeding fix hundred dollars, at the difcretion of a general court martial : And if a commiffioned officer of any company, (hall on any occafion, neglect or refute to give orders for affemnlin the company to which he belongs, or any part thereof, at the direction of the lieutenant colonel, or commanding officer of the regiment to which fuch company belongs, he (ball be cafhiered, and punilbed by fine not exceeding two hundred dollars, at the difcretion ofahigade or general court martial : And a non-cemmif-lioned officer offending in fuch cafe fhall be fined at the difcretion of a regimental court martial, in any fum net exceeding twenty dollars. Art. o. If any captain or commanding officer of a company, (hall refufe or neglect to make out a lift of the perfons, noticed to perform any tour of duty, and fend or convey the fame to the lieutenant colonel, or commanding officer of a regiment, to which fuch company may belong-, or if he (ball fail to call forth fuch officers and men as (hall from time to time be legally called from his company, upon any call from the governor on an invalion or infurrection in the county ordif-

tri, or rrquifition from an adjacent county or diftrict, or failing on any fuch occafion to repair to the place of rendezvous ; for fuch neglect or refulM he (ball be cafhiered, or fined, at the difcretion of a general court martial, in any fum not exceeding one hundred dollars, nor lefs than five dollars. Art. 4. If any militia man (hall defer while he is on a tour of duty, he (lull be lined not exceeding fifty dollars, and be obliged to march on the next tour of duty, under the fame penalties as the fitft : If a non-commiflioned officer Hull i'o defert, he (ball be degraded and placed in t!" ranks, and ihall pay a fine riot exceeding feventy five dollars, and be obliged to ferve another tour as a private. Art, 5. Every t'emrral court mirtial (hall confift of thirteen memb"M, rxclufive of a judge advoc?te, all of whom (ball be commiffioned effuers, not under the rank of captain, and the officer higheft in rank fhall pre fide. 'Art. 6. Every regimental court marthl (ball be compofed of five members, all commiffioned officers, one of their number a prefident, not under the rank of a captain. Art. 7. All members of a court martial are to behave with decency any calmnefs, and in giv ing their votes are to begin with the ycungeft in commiffion. Art. 8. No officer Hull be tried but by a general court martial, nor by officers cf an inferior rank, if it can be avoided, nor fhall 2ny 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 opinion of the officer appointing the court requires ah immediate example Art. 9. The judge advocate flnll profrcute in the name of the territoiy, but Hull to far conlider himfclf counfei for the prifoner, as to object to any leading qu.ftion, to m.y witnefs, or any queftion to the prifoner, the anfwer to which might lead to ciimiRate himfelf. Art. 10. When a non-comnuffioued officer or private is confined under guard, hist rime fhall be lodged with the officer of the guard, within twelve hours after the piifoner's confinement, other wife the pri loner (ball be fct at liberty. Art. 11. In every com t martial not lefs than two thirds of the member limit agree in every fentence, for inflicting any punilhmcnt, other wife the per fen charged l!ui! be acquitted. Art 12. Th-prefident of each &nd cveiy court martial, whether general or regimental, (hall require all witnciTes in order to the trial ot off.-ndcis, to declare cn oth, or affirmation, that the evidence thry finllgive is the truth, the whole ttuih, and nothing but the truth, and the members of all fuch courts, fiill t.ke an oatli or affirmation, as follows, :o wit : u I dj folemnly fwcar, (or affiim as the cale may be) that I v, ill hear and determine according to evidence, to the btit of my u nici (Un.lio and tiie cuttoui cf war in like Cafc3, between th- Indian j tenitory, end now to be tried, and that I Wiil not dili Lie t'iC opinion of thii court, until approved or disproved, by the comm. itwiii' idtcr, ur commander in cl.irt, (as the cale rny ii ) and that liill no: at any tunc difcovcr or difclofe the opini01 of ai v particular member, unl-ts c alied upon to gi .-e evidence there-

ot bv a t urt cf iiwi.ir . 11

be admmiffi rd ty the jid,;e advoi ate to the prtfident and member. At:. 13. The p! ..Jge .dvo t fh.ui be aj pointed by the comm.u.dsnt of rai li r; :i -nt, w ;i ii; :ll k.dd Ins appointment during the pleafi're ot the Uid cuiiimand m an i ihail take the t il - wit.g o.th, or atfi.v.)tic: . vhiih 'jr -dim. altered by the court marti.il to wi: :

' in 1 t tr. ' r ft . r r. a t Iy execute lor o . x 1 . e j.. trial of to t:.e lc;, of

mv atniitit s nd

CuQom ot w. r in l.kc c .! and titt tlie opmtrn ( t this co.ut rnu;i.,!( by the c oir.r.i nuiiiig d.lcover th.e v ate c, ' i". .id th r.n. ii mv C-unt ot tUSiiCe tor.C rwuflur ili til h" tl.r du: o." '.he j j .ig lv

ai d to keep a record ot t.e w.,v !'- zt edi;:; ot t:te court, taking m-t-view ti.e depi. iitt ii' ot wii: e'Tes ti.: u.ay I.c introduced J add i.e l.i.iiiii'j c:;trcilc the dune- cl::I: to the itimcnt.

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z and rcrulutui.- the

J-jr courlc ot law." Which oat.i IJill

nr 1 Ar v.nv if 1 tint I v. il ! 1 .iithti'1.

c advocitr to thi: ccutt now mtt lor ti.e

.1 1 undei Itandir g, ;ir; .1 ti.e 1 will not dmlofe 11 jr du cover u r. : 1 1 11 nrcv td or dii-ij-;'.: ovrd of, t I will not -il iitv time dikLli or 0 n jnuer, ileitis called upon bv a ti.-ol. in I;e (. utle ct law." I; 4 u atr to '"relet ir.e lor the Xrrril&i

Art. 1 i. The commandant of each regiment finll appoint a provofi martial for his regiment, wlio Ihall hold his appointment during the plefure of fail commandant ; it Hull be hisuu'y to fnmmon all witr.eir.rs, having received procefs for that puipofe from the prefidcnj ol courts martial ; to execute the ordei of the court, and keep by. (landers from interrupting the court while fitting, and he (ball exercife the duties of collector of fines and foifeiturcs The judge advocate and

provofr martial, (ball be allowed fuch eompenfaiion as the court mar tial may dirett, to be paid out of the fines ; and it (hall he their cut;

to attend any court of enquiry, or

ed, by the commandant of their regiment. And all perfons calltd as witnefies, "many cafe before a court martial, who (bull refufe to attend and give evidence, fliall be cenfured, or fined, at the difcretion of the court, in any fum not exceeding fifty dollars. Art. 15. No officer or private being charged with tranfgreffing thefc rules, Hull be fuffered to do duty in a regiment, company or troop, to which he belongs, until he has had his trul by a court martial, and every perfon fo charged, fliall be tried as foon as a court martial can conveniently be alTembled. Art. 16. If any non.commiffioned officer or private, fliall think himfclf iojuied by the lieutenant colonel, or the commanding officer of the regiment, and fliall upon due application made to him, be iefufed redrefs, h; may complain to the brigadier, who fliall direct the commiffioned officers to enquire into the nature of the complaint ; and if they report that the peifon complaining, in their opinion h-s been

injured, the brigadier general (hall then direct the brigade infpector, at a certain time and place, to fummons a general court martial, for the purpofe of doing juflice to the perfon complaining and fliall alfo direct the brigade infpe&or, to give the perfon complained of, at lead eight days previous notice of the time and place of the meeting of any fuch court martial. Art. 17. If any non-commiffioned officer or private, (ball think himfclf aggiieved by his captain or other fuperior in the battalion, troop or company, to which he belongs, he may complain to the commanding officer of the regiment, who (ballcaufe his adjutant to fummons a regimental court martial, for doing juflice according to the nature of the cafe. Art. 18. The party tried by any general court martial, hall be entitled to a copy of the fentence, and proceedings of fuch court martial, after the decifion on the fentence, upon demand thereof made by himfclf, or by any other perfon or perfons in his behalf, whether fuch fentence be approved of or not. Art. 19. No penalty fliall be infiiled at die difcretion of a court martial, other than degrading, cafhieringor fineing. Art. 20. The commanding officer for the time being fliall nave full power of pardoning or mitigating any cenfures or penalties lo ordered to be inflicted, cn any private or non-commiffionrd officer, for the breach of any of t'-efe articles, by a general court martial ; and every offender convicted asaforcfaid, 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 arc directed as fatisfaction for injuries received by an officer or private from another ; but in cafe of officers,

fuch fentence to be approved ot by the commander in chief ot the militia, who rs empowered to pardon or mitigate fuch fentence, or difapprcve of the fame Art. 21. If any commiffioned officer fliall at any time or upon any occafion, behave in an unofficer like, ungentlemanly, or dilgrceful manner, the commander in chief, if the perfon accufed be a major general; the creneral of divifion, if a brigadier general ; the brigadier, if a field officer ; or the lieutenant colonel, or commanding officer of a regiment, if an inferior officer, as the cafe may be, upon the appli cation of a commiffioned officer, may appoint a board of three officers, to enquire into the matter of complaint, and if upon their report it (hall appear to him deferving of trial, then, and in fuch caic, he (hall direct a court martial, whofe proceedings herein fliall have the fame effect as if the offence had been committed when on actual duty. Art. 22. The militia on the days of training, may be detained under arms, on duty in the field, any time, not exceeding fix hours : Provided, They arc not kept above three hours under aims at any one time, without being allowed torefrelb themfelves. Art. 23. All fines that fliall be incurred by any of thefe ru!cs, fliall be paid to the fherifF astrcafurtr of the county, in which the cff:: der refides, (whofe receipt (hall be a diftharge for the fame) within fixty days after they become due, but in cafe of neglect cr refuful to pay any of the faid fines, they Hull be levied and collected in manner herein before directed. Art. 24. The militia of thi3 territory whilfl in ?ctual fervice, (ball be fubjedt to the fame rules and regulations as the ftdrral army ; and fliall receive the fame pay and rations as is allowed ty the United States, to the milkia when in ctual fervice : Provided, That upon any tranfgreffion or offence of a militia man, whether officer or private, againtt the rules and regulations of the federal army, the caufe fliall be tried and determined by a court martial of the militia cf this territory, if the funs can be convened. Art. 25. The rules of difcipline approved and eftablihVd by congrets in their rtfolution cf the twenty ninth of Man h, one thculand f-ven hundred and feventy nine, fliall he obf-.-rved by the militia throughout this territory, except fuch drv iations from faid rules, as may oc rendered necefTary by the rcquifitions cf the lz of congrefs, or I nne oilier unavoidable circumfl tnces ; it (3 ill be the duty of eve ry commanding officer at every training, whether by regiment, battalion or (ingle company, to caui'e the m.Iitia t be excrciled and trained, agreeably to the faid ruics, and the inltrucii ;n l-.id down by the baron Stcubm, and annexed to the faid 1 tiles of tiifcipbne, pointing out the re'.prctive duties of the officers, t.on-commithonc d otliccis ai.d pi.vater, are recommended and enjoined upon the militia of this territory, as particularly and fully as it the faid ir.fli ucYions wire repeated and rxprclTcd in tins aa at length ; and it ihsll be the duty of cveiy captain to inftruct his non-tomunllione.: officers according!,-. Art. 2f. It any militia mm on receiving three dys previous notice thc-rroi, Ihall neglect or refufe to be in rcadu tf; to r';arch on any tour ot duty, armed, cloathed and t quipped, is rrquirrd by this act, he flull ioitci; audpjy a fum nut more than one hundred dollars, nor lefs than ri.MH dollar, for every month he 1: required by law to fcrve on fuch tour, to be iTeiTrd (cn proper vroct therrrt rM,.:!.v.

c u : : martial : Pr c v t di J ah - i t 4

. , v minuj man tlnll b' Ikk, or make -ny other j dt 01 latisfactcry excufr t the court martial lucn hr.c ihall net be afltCcd.hut fuch n.ihti rr.n ihall b- cMi-H p:ifir:n a tcur cf du:y,ca the r.cx: cull cf the mditii. " " . - -

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court martial, when theieto requir

- - . XJr a ir. U'l'I Til 1 hat it any militii imn n,-, 11 WMft V W tial, 0

Art. 27. The foregoir articles ihall be read at all regimental and battalion muflers, by order of the commanding officer. JKSSK H. THOMAS, Speaker cf the lljuse cf RLrc sentjtives. It. CHAMBERS, President of the Cbitr.ci! Ar.'ROVKD. 17th September, t07. Wm. H. HAUKISON.

Gallantry of cn American youth, hi the late conflict of the United States fiigate prefident, and the liritHh (hip of war Little Belt, a gunner's boy on board the frirMtr, who had hi arm broken by a lhot, while under tlie hands of the furgeon in the cockpit, reqnefled that he would make hafle in drclfing his wound that he might get on deck again On the furgeon's affcing what he could do on deck, wounded as he was. th little American replied k If I can do no more, J can at least be shot at." It is Jcnowm that the heroilin of this lad, hu? attracted the carneft attention 01 the fecrctary of the navy. THZ ENGLISH RECENT. The London paners tell us that he difplayed rnnth magnanimity and corredtneis on a late occafion. Mr. Perceval warmly urged the grant of a new place and penfioni to general Crawford ; when tho prince of Wales obferved, that gen. C. held already an office or offices fufficient for his fupport ; and other places (bould be refcrvtd for other officers of merit. Mr. Perceval ftroiigly urged the general's high merits Sc be(ides, begged leave refpectfully to (late to his royal highnefs that his claims were powerfully fecondtel by his fon in law the duke of Newcaflle whofe fupport in parlia ment was moft t (Terrtial to his majelly's administration ; rerhans was of more confequence to thenx than that ot any other individual, 4 The prince regent in anfwer to this argument, made a declaration to the follow ing purport Sir I did not expect fuch a reafon affigned out I am not forry that it is fo in an inflance like the prefent, when it enables me tor make known my resolution without difparao-cment to the gallant officer in qucllion 1 repeat that I have a great refpea for his mc rits, which have met their reward ; but I mufl tell you, oncer for ?U, that 1 never can nor will content to bellow any place or r.ppointment, meant to be an afy- ! u m or rewarJ for the toils and frrv ces of oar reliant fo'dicrs 8c liuir.en, r r ary ptniion upon account of paiiiamentary connection, or in retur n for pi: liamentary voter.. T.z is :r.y fixed detei-min-tion ; and I try ft I (hall never Pgaia be folicitcd in the fame way. And yet he will for all that, he muftgive in to it, cr the arif. tccrar y will ferve him like Paul or Leopold they will unking him. A Case stated. The Little Belt carries 24 thirty two pounder?, relides a number of cannon of fmaller callibre. The Prefi dent accotding to the rate Iifhtd in the Britifli navy, he ci!rd a 38 run frin-atr ftabould Iler neavuit mettle is only 24 pcunders. m$lcrjU' the Prefident a warmer Ihip than tlie Little Bel: and, if f0, what is her funerior:ty Public AdV, A tall fellow Handing one nighfc at tlie Hibernian theatre in Dublin, was repeatedly intreated to fit down but would not ; when a voice from the upper gallery cali'd out, Met him alone horey he's taylQr and 1