1822 - Edocs

119
of this act, or in case of their neglect, the commander in
chief shall make such appointments us may appear to him
proper to supply such vacancies.
41. Be it further enacted. That, all general courts
martial shall consist of a president and a judge advocate,
and not more than twelve nor less than six members who
shall be appointed under the authority of ihe commander
in chief, the brigadier general or commanding orhcei of
the brigade, and that all regimental and battalion courts
martial shall be composed of a president and a judge advocate
and not more than six nor less than four members appointed
as hereinafter directed, and when the court mar-
tial is convened, the president shall administer the following
oath or affirmation to the judge advocate to wit:
" You do swear (or affirm) that you w ill faithfully execute
the ofriice of judge advocate to this rourt for the prisoner
or prisoners, as the case may be, to be tried to the best
of your abilities and understanding, and custom of war in
like cases, and that you will not ciisdoie or discover the
opinion of this court martial until approved or dia ippruved
by the commander in chief, the brigadier geneial,
the 'commanding officers of the brigade, the lieutenant
colonel commandant, or the major us the ci.se may be,
and that you will 1101 at any time discover the vote or
opinion of any particular member, unless called upon by
a court of justice, to gi\e evidence thereof in due course
of law." The judge advocate shall then adm uister to
the president and afterwards to every member the following
oath or affirmation, 10 wit; "you do sole nly swear
(or affirm) that you will well and truly try mid determine
according to evidence and t-he best of your understanding
and the « ustoms of war in like cases, between the United
States and the prisoner to be tried, and that you will not
disclose or discover the opinion of this court until approved
or disapproved by the commander in chief, (the
brigadier general the commandi* g officer of the brigade,
the lieutenant colonel commandant or the major as the
case may be) nor at any time disclose the opinion of any
particular member of this court unless called upon to give
evidence thereof in due course of law."
42. Be it further enacted, That, the sentence of general
and regimental or separate battalion courts martial shall
be final when approved or disapproved by the officer or-
final.
dering the court : Provided further, that when an officer Proviso
orders another of an inferior grade, under an arrest, the
officers that shall compose the court martial shall be chosen
by the next field officer in rank, that when an officer
is sentenced to be cashiered, the sentence shall not be final
until approved or disapproved by the commander in>
chief.
Courts martial—
their constitution
Sentence of court,