A Military Dictionary and Gazetteer / Comprising ancient and modern military technical terms, historical accounts of all North American Indians, as well as ancient warlike tribes; also notices of battles from the earliest period to the present time, with a concise explanation of terms used in heraldry and the offices thereof. The work also gives valuable geographical information. Compiled from the best authorities of all nations. With an appendix containing the Articles of war, etc.

by Thomas Wilhelm

Art. 95. Members of a court-martial, in giving their votes, shall begin with the youngest in commission.

Art. 96. No person shall be sentenced to suffer death, except by the concurrence of two-thirds of the members of a general court-martial, and in the cases herein expressly mentioned.

Art. 97. No person in the military service shall, under the sentence of a court-martial, be punished by confinement in a penitentiary, unless the offense of which he may be convicted would, by some statute of the United States, or by some statute of the State, Territory, or District in which such offense may be committed, or by the common law, as the same exists in such State, Territory, or District, subject such convict to such punishment.

Art. 98. No person in the military service shall be punished by flogging, or by branding, marking, or tattooing on the body.

Art. 99. No officer shall be discharged or dismissed from the service, except by order of the President, or by sentence of a general court-martial; and in time of peace no officer shall be dismissed, except in pursuance of the sentence of a court-martial, or in mitigation thereof.

Art. 100. When an officer is dismissed from the service for cowardice or fraud, the sentence shall further direct that the crime, punishment, name, and place of abode of the delinquent shall be published in the newspapers in and about the camp, and in the State from which the offender came, or where he usually resides; and after such publication it shall be scandalous for an officer to associate with him.

Art. 101. When a court-martial suspends an officer from command, it may also suspend his pay and emoluments for the same time, according to the nature of his offense.

Art. 102. No person shall be tried a second time for the same offense.

Art. 103. No person shall be liable to be tried and punished by a general court-martial for any offense which appears to have been committed more than two years before the issuing of the order for such trial, unless, by reason of having absented himself, or of some other manifest impediment, he shall not have been amenable to justice within that period.

Art. 104. No sentence of a court-martial shall be carried into execution until the whole proceedings shall have been approved by the officer ordering the court, or by the officer commanding for the time being.