Part 530

The party tried by any general court-martial shall, upon demand thereof made by himself or by any person or persons in his behalf, be entitled to a copy of the sentence and proceedings of such court-martial.

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 parties 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 dismission of an officer, provided that the circumstances are such, that oral testimony cannot be obtained. But as courts of inquiry may be perverted to dishonorable purposes, and may be considered as engines of destruction to 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 authorised 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 representatives.

Art. 96. All officers, conductors, gunners, matrosses, drivers, or other persons whatsoever, receiving pay, or hire, in the service of the artillery, or corps of engineers of the United States, shall be governed by the aforesaid rules and articles, and shall be subject to be tried by courts-martial, in like manner with the officers and soldiers of the other troops in the service of the United States.

Art. 97. The officers and soldiers of any troops, whether militia or others, being mustered and in pay of the U. States, shall, at all times, and in all places, when joined, or acting in conjunction with the regular forces of the U. States, be governed by these rules and articles of war, and shall be subject to be tried by courts-martial, in like manner with the officers and soldiers in the regular forces, save only, that such courts-martial shall be composed entirely of militia officers.

Art. 98. All officers, serving by commission from the authority of any particular state, shall on all detachments, courts-martial, or other duty, wherein they may be employed in conjunction with the regular forces of the U. States, take rank, next after all officers of the like grade in said regular forces, notwithstanding the commissions of such militia or state officers may be elder than the commissions of the officers of the regular forces of the U. States.

Art. 99. All crimes not capital, and all disorders and neglects which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general or regimental court-martial, according to the nature and degree of the offence, and be punished at their discretion.

Art. 100. The president of the United States, shall have power to prescribe the uniform of the army.

Art. 101. The foregoing articles are to be read and published once in every six months, to every garrison, regiment, troop or company, mustered or to be mustered in the service of the U. States, and are to be duly observed and obeyed, by all officers and soldiers who are or shall be in said service.

SECT. II. And be it further enacted, That in time of war, all persons not citizens of, or owing allegiance to the U. States of America, who shall be found lurking as spies, in or about the fortifications or encampments of the armies of the U. States, or any of them, shall suffer death, according to the law and usage of nations, by sentence of a general court-martial.

SECT. III. And be it further enacted, That the rules and regulations, by which the armies of the U. States have heretofore been governed, and the resolves of Congress thereunto annexed, and respecting the same, shall, henceforth be void and of no effect, except so far as may relate to any transactions under them, prior to the promulgation of this act, at the several posts and garrisons respectively, occupied by any part of the army of the U. States. April 10, 1806.

Council of WAR, is an assembly of great officers called by a general, or commander, to deliberate with him on enterprizes and attempts to be made. On some occasions, council of war is also understood of an assembly of officers, sitting in judgment on delinquent soldiers, deserters, coward officers, &c.

WAR. This word is frequently prefixed or attached to things or persons, in order to distinguish their particular state or functions, viz.

WAR establishment. See ESTABLISHMENT.

WAR minister. See SECRETARY.

Secretary at WAR. An efficient character at the head of the war office, with whom all matters belonging to the army rest. See OFFICE.

WAR-Cry, was formerly customary in the armies of most nations, when they were just upon the point of engaging. Sometimes it consisted of tumultuous shouts, or horrid yells, uttered with an intent to strike terror into their adversaries; such as is now used by the Indians in America, called the war-whoop.

WARASDINS, a kind of Sclavonian soldiers, clothed like the Turks, with a sugar-loaf bonnet instead of a hat. Their arms are a fusee and pistols; the butt end of their fusee serves for a spade, when they have occasion to throw up earth.

To WARD. To guard; to watch; to defend; to parry any attack.

WARD. Watch; the act of guarding. A garrison or party stationed for defence of any place; a position of defence, or guard made by a weapon in fencing. That part of a lock, which, corresponding to the proper key, hinders any other from opening it. A district of a town; division of a building, &c. It is also used to denote one under the care and subject to the control of a guardian.

WARDEN. A keeper; a head officer.