mand. It shall also be the duty of the Adjutant General, to frank all letters or packages addressed to a Major or Brigadier General, by the Quarter Master General, which shall be handed to him for that purpose; and shall receive all returns made to the Quarter Master General, which he shall hand to him on application; he shall be entitled to a compensation, for the du ties enjoined on him by the laws of this State, and of the United States, of two hundred and fifty dollars per annum, payable quarterly, for which the Auditor of Public Accounts is hereby required to issue his warrants on the Treasurer for payment accordingly; he shall also be allowed the sum of seventy-five dollars per annum for office rent and fuel, for which the Auditor is required to issue his warrants on the Treasurer. It shall also be the duty of the Adjutant General, to attend and furnish any court of inquiry, which may be ordered by the Governor and Commander-in-chief, under the provisions of this act, when convened, with the names of the Major Generals who may have failed to make their annual returns for the year preceding, within the time prescribed by law; and shall, moreover, cause a notice to be served on the Major Generals charged with being in default, of the time of meeting of such court, at least twenty days previous to the sitting thereof; which notice shall be served by any general or field officer, or by any general staff officer, and by him returned to the Adjutant General's office, with an affidavit of the service thereof, as soon as practicable. SECTION 15. The Quarter Master General shall reside at the seat of government, or in its vicinity, and shall keep his office in the town of Frankfort; he shall keep a fair record of all orders and communications which he shall, from time to time, receive from the Governor and Commander-in-chief, and shall obey all orders from him, relative to the duties of his office; he shall collect, receive, and safely keep in the State arsenal, all arms and military stores of every description, which shall be subject to the order of the Governor and Commanderin-chief. That it shall be the duty of the Quarter Master general, on or before the fifteenth day of February in each year, to provide blank forms of estimates for camp equipage, &c. for divisions, brigades, regiments, and companies, which, when made out, shall show the quantum of arms, camp equipage, &c. required for each; those for divisions shall be addressed to the respective Major Generals; and those for brigades, regiments, and companies to the respective Brigadier Generals; which he shall lay before the Adjutant General, to be franked by him; and in case of detachments being ordered to march into the service of the State, or of the United States, he shall supply such detachments with blank printed forms of division, brigade, regimental, and company provision returns, estimates for arms, camp equipage, &c. and every other blank necessary in the Quarter Master's department; which blanks the Public Printer is hereby directed to furnish the 1837. Public arms. Quarter Master General, on his application. It shall also 1837. SECTION 16. Aids-de-camps, Division Inspectors, and Brigade Majors, shall be subject to, and execute the orders of their Generals and Adjutant General; Division and Brigade Quarter Masters, the orders of their Generals and Quarter Master to obey orders General; and all regimental staff officers, shall carry and ex- of their superiecute the orders of their field officers. SECTION 17. It shall be the duty of the Brigade Majors to attend the several battalion and regimental musters, to superintend and correct the training, if necessary; to examine the condition of the public arms particularly, and to report the condition of the same to his Brigadier General, that he may make report to the Quarter Master General. And when a detachment is ordered from his brigade, into the service of this State, or of the United States, he shall make out triplicate muster rolls, one of which he shall forward to the Adjutant General, one to the officer commanding the detachment, and one to the Brigadier General of his brigade, to be filed by him. ors. Staff officers Brigade ma jors, duties of. Courts mar SECTION 18. Courts martial shall be appointed for the trial of all officers for neglect of duty, disobedience of orders, or for tial. disorderly and ungentlemanly conduct or behaviour; they shall have power to cashier, reprimand, or fine, at their discretion, but subject to an appeal. SECTION 19. Judge Advocates (except regimental) and Provost Marshals shall be appointed by the several courts martial hereafter ordered. It shall be the duty of the Judge Advocates to said courts, to take, and safely keep a true statement of all proceedings, whether pleas, evidence, or defence, and the decision of the court thereon; to prosecute for the State; and to make out a fair copy of the proceedings of said court, with their sentence thereon, which, when sigued by the president thereof, shall be delivered to the officer ordering such court martial, within twenty days after their adjournment. The Provost Marshal shall attend on, and execute the orders of the court. Judge advo cates and pro vost marshal. SECTION 20. General Courts Martial shall be ordered by General courts the Adjutant General, by command of the Governor, whenever martial. he may think it necessary, where a Major General shall preside; and be composed of twelve additional members; two of whom, at least, shall be Brigadier Generals, and the others field offi cers. SECTION 21. Division Courts Martial shall be ordered at Division courts the discretion of a Major General; where a Brigadier General martial. shall preside; and to be composed of twelve additional members; two of whom, at least, shall be Colonels, and the others field officers. martial. SECTION 22. Brigade Courts Martial may be ordered at the Brigade courts discretion of a Brigadier General; where a Colonel shall preside; and be composed of twelve additional members; two of whom, at least, shall be field officers, and the others Captains. SECTION 23. Regimental Courts Martial may be ordered by the commandants of regiments; where a Lieutenant Colonel courts martial. Regimental 1837. proceed to bu siness. members. or Major shall preside; and be composed of twelve additional members; two of whom, at least, shall be Captains, and the others Lieutenants, Cornets, or Ensigns. SECTION 24. In all courts martial, whether general, division, Majority of brigade, or regimental, when the full number of officers summembers may moned shall fail to attend, the court shall proceed to the trial, provided a majority of the members shall attend, who have been summoned on said court; and no exception or challenge Exceptions to shall be made to the president, but may be made to any other member, if good cause be shown; to the satisfaction of the court. Proceedings The proceedings of any courts martial, authorized or ordered to be approved. under this act, shall be submitted to the officer ordering the same for his approval or disapproval; and in case the sentence is disapproved, he shall, within twenty days, return the proceedings to the president of the court, with his objections; who shall again convene the court, and reconsider the same; and if, after deliberation, they shall adhere to their former decision, the sentence shall stand confirmed, and the officer ordering the court shall issue his orders dissolving the same, and cause the sentence to be carried into effect; subject, however, to an appeal by the accused to the superior officer next in rank, and in case of a Division Court Martial, to the Governor and Commander-in-chief, for their final approval or reversal: Previded, That the opinion of any court martial shall not be reversed or set aside for the want of any formality of proceeding, or the use of any technical terms; and that it appear from the face of the proceedings of the court, that the accused had a fair and impartial trial on the merits of the case. Proviso. SECTION 25. In General Courts Martial, none shall be tried Grade of of below the grade of a general officer; the Adjutant and Quarter ficers who may Master Generals, who shall rank as Brigadiers; in Division be tried in dif- Courts Martial, none shall be tried below a field officer, or division staff; in Brigade Courts Martial, field officers and brigade staff may be tried, and a Captain, if good cause be shown; in Regimental Courts Martial, all officers below the grade of a field officer, as well as the regimental staff officers, shall be tried. ferent martial. courts Judge advosate, oath and duties of. SECTION 26. Upon the convening of either of the courts herein directed, the president thereof shall administer to the Judge Advocate, the following oath or affirmation: "You do. solemnly swear (or affirm) that you will truly and faithfully execute the duties of the office of Judge Advocate to this court, so long as you remain in office, to the best of your ability, and according to the laws of this State, and of the United States; and that you will not, when secrecy. is required, disclose or discover the opinion of this court, unless to the officer ordering the same, until he has approved or disapproved the sentence of the court; nor will you, at any time, disclose or discover the opinion of any particular member of the court martial, unless required to give evidence in a court of justice: so help you God:" which oath shall be deemed sufficient for such Judge Advocate, while he continues to act. The Judge 1837. Members of Advocate shall then proceed to qualify the president and members of the court, by administering to them the following oath or affirmation: "You, and each of you, do solemnly swear (or affirm) that you will well and truly try and determine, accord- courts martial ing to evidence, agreeably to justice, the best of your under- to be sworn. standing, and the laws of this State, and of the United States, between the Commonwealth of Kentucky, or of the United States, and the prisoner to be tried; and that you will not disclose the opinion of this court martial, until made public by the proper officer; nor will you, at any time, disclose the vote or opinion of any particular member thereof, unless called upby a court of justice to give evidence: so help you God:". whereupon the court shall proceed to the business laid before them, and adjourn, from day to day, till finished; of which a complete record shall be made and signed by the president and Judge Advocate, when the court shall be adjourned. Upon the disclosure of the sentence of any court martial, the accused may appeal therefrom, to the officer next superior in rank to the one ordering the court, by filing a written notice with the officer to whom the appeal is made, within thirty days after the sentence is published; whose duty it shall be to order up before him the proccedings of such court for his final decision, which shall be given in thirty days. Appeals from their decisions. Charges may SECTION 27. Any officer, non commissioned officer, musician, or private, or any private citizen, having cause of complaint be preferred a against any commissioned officer, shall make out his charge in gainst officers. due form; and having made oath, before some Justice of the Peace, that the charges he is about to exhibit are true, to the best of his knowledge and belief, and file the same with the Governor and Commander-in-chief, Major General, Brigadier General, or commandant of a regiment, to whom the officer charged, is directly responsible by his station in the line; the Governor, Major General, Brigadier General, or Commandant of a regiment, with whom the charges shall be filed, may, at his discretion, order a court of inquiry, or an arrest and court martial, for the trial of such officer; and the court so ordered, shall meet in thirty days from the time of an arrest; of the time and place of meeting, the officer arrested, shall have at least fifteen days notice, together with a copy of the charges exhibited against him: Provided, That if, upon the meeting of such court, it shall appear, from the absence of witnesses, inability (from sickness) of the parties to attend, or for any good cause shown, a fair and impartial trial could not then be had, the court may adjourn to a future day, not exceeding three months at any one time. SECTION 28. Commandants of regiments are authorized and Regimental directed to order courts martial, or courts of inquiry, at any and courts of courts martial time when it may appear to them necessary, to try persons for inquiry may be failing to do duty, or persons failing to perform tours of duty, ordered. when called on for that purpose, or for the trial of any noncommisssoned officer or private, who may hereafter desert from |