Augusta chronicle. (Augusta, Ga.) 1806-1817, August 30, 1806, Image 1

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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