ARTICLE XXII
PUNISHMENT OF CRIMES
The punishment of crimes not capital, except in the case of insubordinate convicts or other prisoners, shall be (so far as may be) by hard labor on the public works, roads, etc.
ARTICLE XXIII
ARMY APPOINTMENTS
It shall be the duty of all commissioned officers of the army to name candidates of merit for office or elevation to the Commander-in-Chief, who, with the Secretary of War, and, in cases of disagreement, the President, shall be the appointing power of the army: and all commissions of military officers shall bear the signatures of the Commander-in-Chief and the Secretary of War. And it shall be the special duty of the Secretary of War to keep for constant reference of the Commander-in-Chief a full list of names of persons nominated for office, or elevation, by officers of the army, with the name and rank of the officer nominating, stating distinctly but briefly the grounds for such notice or nomination. The Commander-in-Chief shall not have power to remove or punish any officer or soldier; but he may order their arrest and trial at any time, by court-martial.
ARTICLE XXIV
COURT-MARTIALS
Court martials for Companies, Regiments, Brigades, etc., shall be called by the chief officer of each command, on complaint to him by any officer, or any five privates, in such command, and shall consist of not less than five nor more than nine officers, and privates, one-half of whom shall not be lower in rank than the person on trial, to be chosen by the three highest officers in the command, which officers shall not be a part of such court. The chief officer of any command shall, of course be tried by a court-martial of the command above his own. All decisions affecting the lives of persons, or office of persons holding commission, must, before taking full effect, have the signature of the Commander-in-Chief, who may also, on the recommendation of, at least, one-third of the members of the court martial finding any sentence, grant a reprieve or commutation of the same.