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AUGUSTA CHRONICLE
Vo*.. XX.] FREEDOM of t«e p r p c c _ _ A _
AND TRIAL Br JURY shall' remain inviolate. [No. 10^
(Georgia) Printep 81 D - DRISv.OL, NEAR THE market. SATURDAY Augufl 3d, 1806. [j Dolls, per Ann,']
(By Authority.)
AN ACT
For efiahlifhinr nil's attd articles for the
government oj the armies of the United
Jtates,
( Concluded.)
Art. gj. Any commissioned officer ton.
Titled before 3 general court martial of con
duft unbecoming an officer and a gentleman,
(hall be dismissed the service,
Aa r. 84. In cases where a court mar
tial may think it proper to sentence a com
niifilencd officer to be suspended from com
thtnd, they shall have power also to fu'peod
his pay ami emoluments for the fame, accor
ding to the nature and helnoafnefs of the of
fence. }
Art. S;. In all cases where a comm if
ftontd officer is ca(hired for cowardice or
fraud, it (hall be added in the sentence, that
the crime, name, and place of abode and
runi/hment of the delinquent, bepublifhed in
the newfpapors in and about the camp, and
of the particular (late from which rhe offen
der came, or where he iifunlly refidcs after
which it (hall be deemed fcandaloas for an
officer to affoclre with him.
Art. 86. The commanding officer of
any post or detachment, in which there (hall
not be a number of officers adequate to form
a general court martial, (hall, in cases which
require the cognizance of such a court, re
port to the commanding officer of the depart
ment who shall order a court to be assembled
at the nearest -poll or detachment, and the
party cccufcd, with ncceffiry wicneffes, to
be tranfporred to the place where the said
court shall be assembled.
Art. 87. No person (hall be fentcnccd
to fuffer death, but by the concurrence of
two thirds cf a general court martini, nor
except in the. cases herein expreisiy mention,
cd norfh ill more then fifty lafhcs be inflicted
on any offender, at thedifcteti »n of a court
martial, and no 1 fficer, non-commiffinncd
officer, soldier, or follower of the army,
shall be tried a second time for the fame ot
fence-
Art. 38. No perf m shall be liable to be
tried and purnfhed by a general court mar
tial fur any offence which lhall appear re have
been committed mote than two years before
the iffiiing of the order for such trial, unlcfs
the perfm by reason of having abfemed him
felfor some other mamtelf impedim ntQvtll
not have been amenable to jufiice within
that period.
Art. 89. Every officer authorifed to or
der a genual court martial (hall have power
to pardon or mitigate any punishment or
dered by such court except the sentence of
death, or of cafhuring an officer; which
in the cases where he has authority {by am
cle 65) tocarry them into execution he may
suspend until the pleasure of the Prcfidcnt
•f the United States can be known ; which
fafpenfton together with copies of the pro.
ceedirgs of the court martial, the said officer
(hall immediately transmit to the Prehdent
for his determination. And the colonel or
commanding officer of the regiment cr garri
son where any regimental or gmifon court
martial shall be held may patden or mitigate
any punifhmctu ordered by luch court to be
infli'ffed. , , .
Art. 90, Every judge advocate, or
person offi.tatirg as such, at any general
court martial, lhall transmit with as much
expedition as the oppor unity of time and
dilfancc of place can admit, the onginal
proceedings and sentence of luch court mar
tial, to the fecrctary of war, which (aid
origins! proceedings ami sentence (hall be
carefully kept and preserved in the office wt
the said fecrctary to the end chat the pcifons
entitled* thereto may he enabled, upon ap
plication to the said office, to obtain copies
thereof, ,
The party tried by any general court
martial, lhall upon demand thereof made by
himfeif or by any person or perffns in his
behalf, be entitled to a copy of the sentence
and proceedings of luch court martial.
Art. 91. In cases where the general or
commanding officer may order a court ol in
quiry to examirc into the nature o an)
accufation or impuiatior agatnu
anv officer or soldier. the said cou.i Utall
ccnfiib of one or more efficers, not exceeding
three, and a judge advocate, cr other luira
ble person as a recorder, to reduce the pro
ceedings and evidence to witting, an cl
whom shall be sworn to the faithful peitorm
ance of their duty. This court shall avc
the Lme power to summon witetffes «** j
court martial, and to examine them on oat .
But they (hall not give their opinion on the
merits of the case, excepting they (haU be
thereto foecially rtquired. The patties ac
eufed (hail also be permit .ed to ctols examine
and interrogate the wnnfffc?, so as to in.
velfigate fully thecircumft-nccs in queiiioo.
Art. 92. The proceedings of a couu
of inquir) roust be authcr«ticatcd by t t
fignamre of the recorder and he present,
and delivered to the commending iffic.r;
and the said proceedings may be admitted
a» evidence by a court martial, in cases not
capral, or extending to the difmiffion of an
officer, provided that the circumftanccs arc ’
, t ‘ lat ora l tcftimony cannot be obtain
ed. Bit as courts of inquiry may he per
verted to difhonorahlc purposes, and may
be confidcrcd as engines of definition to
military merit, in the hands of weak and
envious commandants, they are hereby pro.
un^s direfted by the Prefidcnt of
the U. States, or demanded by the acc'ufed.
Art. 93. The judge advocate, crrecor.
der, shall adminitler to the members the 1
following oath : '
. °’J (hall well ahd tfiilv examine and
inquire, according to your evidence, into
the matter now before you, without Par
tiality, favor, afTetion, prejudice or hope
ot reward. So help yon God.'*
After which the Prefidcnt ffiall adminifler
to rhe judge advocate, or recorder, the fol.
lowing oath ;
c< \ ou, A. Bi. do ftrerr that you will,
according to your best abilities, accurately
iwid impartial!} record the proceedings cf
the court, and the evidence to be given in
the case in hearing. So help you God."
The wirnpflfes shall take the as
wkneflcs sworn before a court martial.
Art. 94. When any commissioned officer
shall die or be killed in the fcrvice cf the
United Spates, the major of the regiment,
or the offi.er doing the major’s duty in his
abfencc, or in any pod or garrison, rhe fr
cond officer in command, or the zffiftant
military agent, shall immediately secure all
his cfFedls or equipage then in camp or quar
ters, and (bail an inventery thereof,
and forthwith tnnfmit the fame t® the of
fice of the department of war, to the end
that bis execatcrs or adminiflrators may re
ceive the fame.
Art. 9s. When any non.commiffiored
officer, or soldier, (hall die, or be killed
in rhe service of the United Slates, rhe then
commanding officer of the troop, or company,
shall, in the presence of two other com
miflioned officers, take an account of what
effects he died pofTdWi or, above his arms,
and accouterments, and transmit the fame to
the ' ffirc ot the department cf war; which
said edicts are to be accounted for and paid,
tathe rep’efematives cf {biii deceaftd non
cotnmiffioncd officer, or soldier. And in
case any of the officers, so authorized to take
caic of the effects of deceafcd r'fficers and
soldiers, should, before they have accounted
to heir feprefentalives for the Pune, have oc
cafibn to leave the regiment, or post, by
preferment, or otherwise, 1 hey (hall, before
ihey be permitted to quit the fame, deposit
in the hands of the co mounding officer, or
of the afiftant miii ary zgentj all the < (lefts
of such deccifed non-commissioned officers
and foldier*, in order that the fame may be
fccored for, and paid to, their refpedtive
reprefemarives. •
Art. 96. All officers, conductors, gun
ners, inairtlhs, drivers or other persons
wha.foever, receiving pay, or hire, in
the service cf the artillery or. corps of eng
ineers cf the U died S'ates, shall be
governed bv the atorf<a?d rules and articles
and (ball be fubjeft to be tried by courts
m irtial, in like manner with the officers ard
loidiers of the other troops in the service of
the Uni ed States.
Art. 97. The officers and soldiers cf
any troops whether military or others, be.
mg muttered and in pay of the United States
(h*li, at all times, and in all places, when
joined, cr aftmg in conjunction with regu
la 1 forces of the United S ates, be governed
by thderules and articles ol war, and shall
be fubjedt to be med by coat's martial, in
like manner wiih the •< fiiccrs ai d soldiers in
the regular foiccs, favecnly that such courts
martial (hail be composed entirely of militia
officers. .
Art. 98. All officers, fervmg by com
mission from the authority of any particular
(late, shall on all detachments, couttsmartial,
or ether duty, whetem they may be employ
ed tn conjunction wjth the regular forces of
United Mates, take rank, next abrr a>l
tfficers cf the like grade in said regular forces
notwithstanding the cotnmiffiors cf such
militia or Hate officers may be elder than the
commiffiooers of the officers ol the regukr
forces ot the Un'tcd Stat-s. _
Art. 99. All crimes net capital, and
all dilotdcin and ncgletlb which officers and
soldiers may he guilty of, to the prejudice
0 t o-ood o;dcr and military difuphne, though
not mentioned in the foregoing articles of
war, are to be taken cognizance of by a
ircne lai or regimental court martial, sccor
din® to the natuie and degree of the offence,
aud°oe panifhed at their dtfcretion.
Art; too. The Prefidcnt of the United
States, (hill have power to prefenbe t..e
uniform ol ihe army •
Art. 101. The foregoing ankles are to
b e read and p.blifhed once in every fix
months, to every garnfon, regiment, troop
or company, muttered or to be muttered in
the fer ice of .he U. S. and arc to be duly
observed and obeyed, by all officers and
to ners who are or shall be in said service.
c 2 . And be 1 1 further enacted , I hat
in time of war all persons not citizens of.
or owing allegiance so theU* S. of Ame'U
ca, who (hall he found lurking fj'ies, in
or about the fortifications or encampments
of the armies of the U. S. or any of them,
(hall fuflrr death, accordirgto the Jaw and
usage of nations, by fcnicncc of a general
court martial.
Sec. 3, And he it further enabled, That
the rules and regulations, by which the
armies of the U. S. have heretofore been
governed, and the refeives of Congrcfis
thereunto annexed, and refpedirg the fame,
(hall henceforth be void and of no e4cfl, ex
cept so far ss may relate to any tranfafllons
under them, prior to *he promulgation of
this a£>, at the several polls abd garrisons
refpetfively, occupied by any part of the
army of the United States.
MATHt. MACON,
Speaker »f the Hcu/e of Rtprejentativet*
S. SMITH,
Prefid> nt oj the Senate, pro tempore.
Approved— April 10, 1806.
TH ; JEFFERSON-
Baaxra'eraa—Maeewsrs
Foreuw Jn
Y ROME, May 10.
The prince of H« Cc Philipdad has made
a f >rtie from Gaeta, with 1 view ofdeftrov.
ing a French battery, which he effefled,
though he loft 50 men*—The French on this
occasion, had fifty men killed and twenty
fix wounded,
css=;
Vienna, May 36.
Count Mattcrnich, nominated Amhafra.
dor to the Court ol F ance, is to have a lli
pend of Bt>.ooo A tint. Twenty thouLnd
fl Tins are t.,> be allowed for his table, and
fifty thou find more are aflig.cd to him lor
lurniflnng hit. hotel.
STATE PAPER .
Ci As, after he Convention concluded hf
t'vecn iis Majefti, the King cf P ufll*, and
li - Majoiy, th Emperor ot France ic King
ot 1 1 a1 >, the P.indpility of Anfpnch, has,
*■ r several weeks, been occupied by the
I'Vm.h Marshal Bernadmte, in the name cf
his Majesty the King of Bavaria, 1 make
known, by this proclamation, ro all rry
fuhjetts, vaflals, feudatories, corporations,
ecdefiafUcs and laity, cf this Principality,
in virtue of the full powers and authority
with Which I am inverted, and the prcrtsng
orders I have received, that from this day
his Pru/lian Mnjefty renounces and ced« the
occupation ot this Principality to the King
of Bavaria. Accordingly, in the name of
the King of Prufiia, i hereby attach to the
Crown of Bavaria, the Piincipnlby of An
fpach, with all its concerns and obligations,
rderving and excluding the private property
cfhisMajefty. I liberate all he aforefaid
fubjefts, v aIT It, &;•» ot Ans ( c , fom their
allegiance to the King of PrUlli., it being
equally understood that their engagemen's
refpcYting the private property fel hisMrjef.
ty (hail itili remain in force ; aoO l i-.v,
under the protedfion ot the Kingni Bavaria,
as theirnew sovereign, all their prerogative.-,
sigh s, .claims, immunities, appointmen s,
pen lions, emoluments, tf r :. for the enjoyment
of which they will continue to perform their
cuftetnury functions, and difeharge the obli
gations impofeU upon them.
“ In his name, and by the evprefs direc
tion of the King off uliia, I thark sli his
faithful iubje<ft», vaflals, and servants, of
ihc Principality of Anfpach, for the attch,.-
mcnc they have displayed for his person, ic
the many proofs they have given of fidelity
and *eal for his service, I udd the artitrance,
that his Majcfty always takes themoft lively
interest of their welfare {which their new
sovereign will study roincreafi), and that
he will, with pleahire, embrace every op
portunity ot convincing them of his unalter
able regard.
(Signed) ** NAGLER.
,{ iiommijfariat Plenipotentiary on the
fart of truj/ia , to replace the Princi
pality of An/pach under the Or.onun of
Bavaria,
*» A-fpath, Miy 24 1806.”
New Government of Hoiland.
THE CONSTITUTIONAL LAW.
GENERAL BISPOStT tons.
Article i. The conftitmional laws nflnal
ly in force, efpecisliy the conditution of
iBoj, as the civil, political, and religious
law-, the excrcifs of which is conformable
to the regulations of the treaty concltidrd on
the 24'h rs May of the present year, (hall
he preserved inviolate, with the exception
of those only which (hr.ll tc abolilhed by
the present couftiiutional laws.
2. The adminiftrat.on of the Dutch Colo
nies is regulated by particular laws, and
the expences of the colonies (hall be ellima
ted as a part of the revenues of the ftatc.
3. The public debt is guaranteed by the
preitn: laws,
4. The Dutch language (hall continue to
muimrnmm, .i» ■ - • -■
be cnplo) cd cxdufively in the law?, th«
publications, ordinance*, judgments, and
all the public atfb, without ditrmliion.
J?. There (hall be no changes made in the
name of the present current coin iimeis it
(hall be authorized by a particular law.
6. The ancient colours cf the (late (hall
be preferred*
j. The council of flare (hall be compofVd
of thirteen members. The minitiers dial!
hold rheir rank, their fitting and their votes
of deliberation in the fait) council.
" OF RELIC lON.
**.The King and the Law grant equal
protcdlton to all religions which are pm
fefled in the (fare. By their authority every
thing nrceflary for the organization, the
protection, an ‘l the exercifie of every kind
of worffkip is to be determined, The exer
cile of every kind of religion is to br c. n.
fined to the interior of the churches belong-,
mg to the different communion?.
2. Hu King (hall enjoy jtho public exer*
eife of his religion in his' palace, and in
every other place where he (hall refidf.
OF THE KING.
-■ - - m ■ , -r -I—" ** * » ?■**' »»*!■ UM»ITTUWj>"” W1" -
without refirtCtion, the Complete exercise of
the Government, and all the power neerffary
to secure the execution of the laws, and to
cacfc them to be refpedted. He has the
nomination to all the Charges and Office?,
civil and miliraiy, which according to an
terior laws, wcie veiled in the Gr*hd Pcn
fionary. Hr, likewise enjoys the pre-emi
nence and the prerogatives hitherto attached
to that dignitj * The coin of the (late (hall
bear his image. Jnllice (hall be administered
in his name. He has the right es granting
pardon, abolition, or the mitigation of thu
pains produced by judiciary awards j never
thclefs, he (hall not be authorized toextreife
this right, but alter having heard 'he M“tn
bersof the National Court in his Privy
Council.
2 Upon the death of the King, the effiro
of guardian to the minor king (hall be ves
ted in the queen dowager, and in case of her
death, in that person wh< (ball be nominated
for the purpule by the Emperor of the
French.
3. The regent Shall bfc affiffed by a coun
cil of natives, the qualifications and p i.
vileges of whom (hull be determined by a
particular law. The regent (hall nor be
personally refponfiblc for ihuaflsofhis go
vernments.
The government 'pf the colonics, and
every thing relative to their internal regula
tion, belong cxdufively to the King.
The general administration of the king
dom 13 confided to the immediate direction
of four ministers of (late nominated by the
King, viz. The miniftcrof foreign affairs*
the minister cf wat and marine, a minister
of w.c finances, and a minister of the interior.
OF THE LAW.
t. The law is tftafclifhcd in Holland by
the concurrence of the legiflmive body,
formed by the aflemhly of their High M'gh
-4 1.,. -VKifu,. TV lewiHjfive
bodj iscompofedof .hirty-eight membtrs,
defied for five s, and nominated -is fol
low : For the department of Holland, \j
members ; Gndderland, 4 ; B abant, 4;
Friefland, 4 ; Overyeifcl, 3 ; Zealand, 2 ;
Groningen, 2 ; Utrecht, 2 ; JJ'cmche» 1,
Bat the number of their High
may be augmented by a law, in ease of
aggrandizement of territory.
*. To complete the number of members
amhorized by the foregoing article, their
High Mightinefles (hall prefect to his MajrC.
ty, a lift of two candidates for each of the
vacant places. The King (hall make the
clciflion out of ihp candidates proposed,
3. The present Grand Pcnfionary (hall
take the title cf Prcftdcnt of their High
Mightineflcs, and exercise his fur.ftion in
this quality during life. The choice of hit
successor ftull take place in the manner de
termiued by the conftitutiou of iBoe.
The legiflativc body fkall chufe a re
corder out of its own body, by a plurality
of votes. .
5. The legislative body fhsll assemble in
ordinary twice in the year, viz. From the
icth of Aodl to the :ft of June, and from
the 151 b of November to the 15th of Janua
ry. On the 15th of November, a fifth of
the old est me liters (hall go out fnm the
body. The aril member (hall go out on
the 15th of November, 1807. Such mem
ber*, notwithstanding, tn-ty be re-elcfled.
OF JUDICIARY POWER.
1. The Jud'ciary Inflitution* (full be
preserved tn the mode they have been ellab
lifhrdbv the conftitntion cf 1805.
2. Relative to the. judiciary power, the
K!n> T (ball exercise ail the right', and all the
autho:i:y veiled in the Grand Pcnfionary by
virtue of the constitution cl i8o^«
3. Every thing that relates to the exer
cifs of military criminal j office (hill be
feparatcly regulatedhy an ulterior law.
SrUBSN’S Mn.itait Exbxcisb.
For Sale at this Office,
. : 'W . L