Art. 88. No person shall be liable to be tried and punished by a general court martial for any offence which shall appear to have been committed more than two years before the issuing of the order for such trial, unless the person by reason of having absented himself, or some other manifest impediment, shall not have been amenable to justice within that period.
Art. 89. Every officer authorised to order a general court martial, shall have power to pardon or mitigate any punishment ordered by such court, except the sentence of death, or of cashiering an officer; which in the cases where he has authority (by article 65) to carry them into execution, he may suspend until the pleasure of the President of the United States can be known; which suspension, together with copies of the proceedings of the court martial, the said officer shall immediately transmit to the President for his determination. And the colonel or commanding officer of the regiment or garrison, where any regimental or garrison court martial shall be held, may pardon or mitigate any punishment ordered by such court to be inflicted.
Art. 90. Every judge advocate, or person officiating as such, at any general court martial, shall transmit, with as much expedition as the opportunity of time and distance of place can admit, the original proceedings and sentence of such court martial, to the secretary of war, which said original proceedings and sentence shall be carefully kept and preserved in the office of the said secretary, to the end that the persons entitled thereto may be enabled, upon application to the said office, to obtain copies thereof.
The party tried by any general court martial, shall, upon demand thereof made by himself, or by any person, or persons in his behalf, be entitled to a copy of the sentence and proceedings of such court martial.
The following section is extracted from the laws of Congress of 1808.
Sec. 10. And be it further enacted, That the officers, non-commissioned officers, musicians, and privates of the said corps, shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled, or by such rules and articles as may be hereafter, by law established; Provided nevertheless, That the sentence of general courts martial, extending to the loss of life, the dismission of a commissioned officer, or which shall respect the general officer, shall, with the whole of the proceedings of such cases, respectively, be laid before the President of the United States, who is hereby authorised to direct the same to be carried into execution, or otherwise, as he shall judge proper.
Court of inquiry, an assemblage of officers who are empowered to inquire into the conduct of an officer, or to see whether there is ground for a court-martial, &c. Courts of inquiry cannot award punishment, but must report to the officer by whose order they were assembled. Courts of inquiry are also appointed to examine into the quality and distribution of military stores. See [Articles of War], [§. 91], and [92].
A regimental Court-Martial cannot sentence to the loss of life or limb. The colonel or commanding officer approves the sentence of a regimental court-martial.
A garrison Court-Martial resembles a regimental one in as much as the members are not sworn, and only differs by its being composed of officers of different regiments. The governor, or other commanding officer of the garrison, approves the sentence.
COURTINE, Fr. See [Curtain].