« ZurückWeiter »
tence be given : And no member of said court shall, after the proceedings are begun, absent himself therefrom, unless in case of sickness, or orders to go on duty from a superior officer, on pain of being cashiered.
Article 40. Whenever a court martial shall sentence any officer to be suspended, the court shall have power to suspend his pay and emoluments for the whole or any part of the time of his suspension.
Article 41. All sentences of courts martial, which shall extend to the loss of life, shall require the concurrence of two-thirds of the members present; and no such sentence shall be carried into execution until confirmed by the president of the United States; or if the trial take place out of the United States, until it be confirmed by the commander of the fleet or squa. dron : All other sentences may be determined by a majority of votes, and carried into execution on confirmation of the commander of the fleet, or of. ficer ordering the court, except such as go to the dismission of a cominis. sioned or warrant officer, which are first to be approved by the president of the United States.
2518. A court martial shall not, for any one offence not capital, inflict a punishment beyond one hundred lashes.
Article 42. The president of the United States, or when the trial takes place out of the United States, the commander of the feet or squadron, shall possess full power to pardon any offence committed against these articles, after conviction, or to mitigate the punishment decreed by a court martial.
2519. Article 1. Courts of inquiry may be ordered by the president of the United States, the secretary of the navy, or the commander of a fleei or squadron : Provided, such courts shall consist of more than three members who shall be commissioned officers, and a judge advocate, or person to do duty as such ; and such courts shall have power to summon witnesses, administer oaths, and punish contempt, in the same manner as courts martial. But such court shall merely state facts, and not give their opinion, unless expressly required so to do in the order for convening; and the party whose conduct shall be the subject of inquiry, shall have permission to crossexamine all the witnesses.(1)
Article 2. The proceedings of courts of inquiry shall be authenticated by the signature of the president of the court and judge advocate, and shall, in all cases not capital, or extending to the dismission of a commissioned or warrant officer, be evidence before a court marial, provided oral testimony cannot be obtained.
Article 3. The judge advocate, or person officiating as such, shall administer to the members the following oath or affirmation :
“ You do swear, or affirm, well and truly to examine and inquire, accord. ing to the evidence, into the matter now before you, without partiality or prejudice.”
After which the president shall administer to the judge advocate, or per. son officiating as such, the following oath or affirmation:
“ You do swear, or affirm, truly to record the proceedings of this court and the evidence to be given in the case in hearing.'
2520. In all cases where the crews of the vessels of the United States shall be separated from their vessels, by the latter being wrecked, lost or destroyed, all the command, power and authority, given to the officers of such vessels, shall remain and be in full force, as effectually as if such ves. sel were not so wrecked, lost or destroyed, until such ship's company be regularly discharged from, or ordered again into the service, or until a court
(1) Act 230 April, 1800, sec. 2.
martial shall be held to inquire into the loss of such vessel ; and if, by the sentence of such court, or other satisfactory evidence, it shall appear that all, or any, of the officers and men of such ship's company did their utmost to preserve her, and, after the loss thereof, behaved themselves agreeably to the discipline of the navy, then the pay and emoluments of such officers and men, or such of them as shall have done their duty as aforesaid, shall go on until their discharge or death; and every officer or private who shall, after the loss of such vessel, act contrary to the discipline of the navy, shall be punished at the discretion of a court martial, in the same manner as if such vessel had not been so lost.(1)
ART. 2521. A commissioner of pensions shall be appointed by the president, by and with the advice and consent of the senate, who shall execute, under the direction of the secretary of war, such duties in relation to the various pension laws as may be prescribed by the president,(2) and shall receive an annual salary of $3000, and have the privilege of franking. The office shall be continued until the 4th March, 1840.(2)
2522. All laws and parts of laws requiring the bank of the United States or its branches to pay any pensions granted under the authority of the United States, shall be repealed, and such payments shall be hereafter made at such times and places by such persons or corporations, and under such regulations as the secretary of war may direct; but no compensation or allowance shall be made to such persons or corporations for making such payments without authority of law.(3)
2523. The heads of departments charged with the administration of the pension laws, are respectively required, as soon as may be after the opening of each session of congress, to present to the senate and house of representatives, a several list of such persons, whether revolutionary, invalid, or otherwise, as shall have made application for a pension, or an increase of pension, and as, in their opinion, respectively, ought to be placed upon the pension roll, or otherwise provided for, and for doing which they have no sufficient power or authority, with the names and residence of such persons, the capacity in which they served, the degree of relief proposed, and a brief statement of the grounds thereof, to the end that congress may consider the same.(4)
(1) Act 23d April, 1800, sec. 3.
(2) Act 3d March, 1835, sec. 1, 2, 3. -Act 3d March, 1837, sec. 1, 2, 3.
(3) Act 20th April, 1836.
Of Pensions for Revolutionary Services.
Persons to whom pensions granted Certain pensioners to exhibit sche · under act of 1806
2524 dule of estate and income, &c. 2536 Conditions on which granted 2525 Time for commencement of penPension, when to commence 2526 sions
2537 Increase of pension--when allowed Military pensioners of South Caro -how obtained
2527 lina, placed on pension list of Amount of pension 2528 U.S.
2538 Pension, how paid
2529 Pensions to certain officers in the Sale of pension not valid-acquit- continental line
2539 ted when claimed by substitute 2530 to certain privates in such Repeal of certain laws 2531 line
2540 Duration of act
2532 Time and manner of payment of Certain persons may be placed on such pensions-pay exempt from pension list, without report to attachment, &c.
2533 Provision for payment, in case of State pensioners to be placed on the death of certain pensioners 2542
2534 Wounds received in revolutionary Persons to whom granted, under war, how authenticated
2543 act 18th March, 1818, conditions Pensions to persons who have sery. --when to commence-sale void 2535 ed two years during war of revo
Art. 2524. Any commissioned or non-commissioned officer, musician, soldier, marine, or seaman, disabled in the actual service of the United States, while in the line of his duty, by known wounds received during the revolutionary war, and who did not desert the service; or who, in conse quence of disability as aforesaid, resigned his commission or took a discharge; or who, after incurring disability as aforesaid, was taken captive by the enemy, and remained either in captivity or on parole, until the close of said revolutionary war; or who, in consequence of known wounds received as aforesaid, has, at any period since, become and continued disabled in such manner as to render him unable to procure a subsistence by ma. nual labour; whether such officer, musician, soldier, marine, or seaman, served as a volunteer in any proper service against the common enemy, or belonging to a detachment of the militia, which served against the common enemy, or to the regular forces of the United States, or of any particular state, he shall, upon substantiating his claim in the manner hereinafter de scribed, be placed on the pension list of the United States, during life, or the continuance of such disability, and be entitled, under the regulations hereinafter mentioned, to receive such sum as shall be found just and proper, by the testimony adduced (1)
2525. In substantiating such claim, the following rules and regulations shall be complied with, that is to say: All evidence shall be taken on oath or affirmation, before the judge of the district, or one of the judges of the territory in which such claimant resides, or before some person especially authorized by commission from the said judge (2)
Decisive disability, the effect of a known wound or wounds received while in the actual service or line of duty against the common enemy during the revolutionary war, must be proved by the affidavit of the commanding of ficer of the regiment, corps, company, ship, vessel, or craft, in which such claimant served : or of two credible witnesses to the same effect, setting
(1) Act 10th April, 1806, sec. 1.
(2) Ibid. sec. 2.
forth the time when, and place where, such known wound or wounds was received, and particularly describing the same.(1)
The nature of such disability, and in what degree it prevents the claimant from obtaining his subsistence, must be proved by the affidavit of some reputable physician or surgeon, stating his opinion, either from his own knowledge and acquaintance with the claimant, or from an examination of such claimant on oath or affirmation: which, when necessary for that pur. pose, shall be administered to such claimant by said judge or commissioner. And the said physician or surgeon, in his affidavit, shall particularly de. seribe the wound or wounds from whence the disability appears to be derived.(1)
Every claimant must prove by at least one credible witness, that he con. tinued in service during the whole time for which he was detached, or for which he engaged, unless he was discharged, or left the service in consequence of some derangement of the army, or in consequence of his disa. bility resigned his commission; or was after his disability, in captivity, or on parole until the close of the revolutionary war. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has since resided, and his place of residence at the time of taking such testimony (1)
Every claimant shall, by his affidavit, give satisfactory reasons why he did not make application for a pension before, and that he is not on the pen. sion list of any state; and the judge or commissioner shall certify in writing, his opinion of the credibility of the witnesses whose affidavits he shall take, in all those cases where, by this act it is said the proof shall be made by a credible witness or witnesses; and also, that the examining physician or surgeon is reputable in his profession.(1)
The said judge of the district, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates, and proceedings had thereon in pursuance of this act, noting particularly the day on which the testimony was closed before him, to the secretary for the department of war, that the same may be compared with muster rolls, or other documents in his office; and the said secretary shall make a statement of all such cases, which, together with all the testimony, he shall, from time to time, transmit to congress, with such remarks as he may
think proper, that congress may be enabled to place such claim. ants on the pension list as shall be found entitled to the privilege. And it shall be the duty of the judge or commissioner aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct.(2)
2526. Every pension, or increase thereof, by virtue of this act, shall commence on the day when the claimant shall have completed his testimony before the authority proper to take the same.(3) *
2527. An increase of pension may be allowed to persons already placed upon the pension list of the United States, for disabilities caused by known wounds received during the revolutionary war, in all cases where justice shall require the same : Pronided, That the increase when added to the pension formerly received, shall in no case exceed a full pension.(4)
(1) Act 10th April, 1806, sec. 2. (3) Ibid. sec. 4. (2) Ibid. sec. 3.
(4) Ibid. sec. 5. • So the right any person has or may acquire, to receive a pension in virtue of any law of the United States, shall be construed to commence at the time of completing his testimony, pursuant to the act of 10th April, 1806.-Act 15th May, 1820, sec. 2. - 4th Feb. 1822.-24th May, 1828, sec. 3.
Every invalid making application for this purpose, shall be examined by two reputable physicians or surgeons, to be authorized by commission from the judge of the district where such invalid resides; who shall report in writing, on oath or affirmation, their opinion of the nature of the applicant's disability, and in what degree it prevents him from obtaining a subsistence by manual labour; which report shall be transmitted by said physicians or surgeons to the secretary for the department of war, who shall compare the same with the documents in his office, and shall make a statement of all such cases, which, together with the original report, he shall, from time to time, transmit to congress, with such remarks as he may think proper, that they may be enabled to do justice to such pen. sioner (1)
2528. A full pension given by this act to a commissioned officer, shall be one-half of the monthly pay, legally allowed at the time of incurring said disability, to his grade in the forces raised by the United States; and the proportions, less than a full pension, shall be the correspondent propor. tions of said half pay; and a full pension to a non-commissioned officer
, musician, soldier, marine, or seaman, shall be five dollars per month, and the proportions, less than a full pension, shall be the like proportions of five dollars a month; but no pension of a commissioned officer shall be calculated at a higher rate than the half pay of a lieutenant colonel.(2)
2529. The pensions, or increase thereof, which may be allowed by this act, shall be paid in the same manner as pensions to individuals who have been heretofore placed on the pension list are now paid, and under such restrictions and regulations, in all respects, as are prescribed by law.(3)
2530. No sale, transfer, or mortgage, of the whole or any part of the pension payable to any non-commissioned officer, musician, soldier, marine, or seaman, before the same becomes due, shall be valid. And every person claiming such pension, or any part thereof, under power of attorney or substitution, shall, before the same is paid, make oath or affirmation, before some magistrate, legally authorized to take the same, a copy of which, attested by said magistrate, shall be lodged with the person who pays said pen. sion, that such power or substitution is not given by reason of any transfer of such pension, or part thereof. And any person who shall swear or af
. firm falsely in the premises, and be thereof convicted, shall suffer as for wilful and corrupt perjury.(4)
2531. All laws of the United States heretofore passed, so far as they au. thorize persons to be placed on the pension list of the United States, for, and in consequence of, disabilities derived from known wounds received in the revolutionary war, shall be, and they are hereby repealed : Provided, That nothing in this repealing clause shall injure, or in any way affect, those persons already upon the pension list of the United States ; and that the secretary for the department of war shall proceed upon the testimony which has been transmitted to him by any claimant before the passage of this act, in the same manner as though this act had never passed (5)
2532. This act, so far as it authorizes the admission of persons upon the pension list of the United States, shall remain in force for and during the space of six years from the passage thereof, and no longer : Provided, That this limitation shall not affect or impair the right of any individual who may have completed his testimony, in the manner prescribed by this act, before
(1) Act 10th April, 1806, sec. 5. (2) Ibid. sec. 6.
Ibid. sec. 7.
(4) Ibid. sec. 8, and 24th May, 1828. (5) Ibid. sec. 9.