§ 58. That if any suit or suits shall be brought or commenced against any On suit this act person or persons, for any thing done in pursuance of this act, the defendant may be given in may plead the general issue and give this act and the special matter in evidence on the evidence. general issue.

59. That a superior officer may, at his own discretion, arrest any officer Proceedings under him, or should any other commissioned officer lodge a complaint with a when an officer superior officer, which, in his opinion, is sufficient cause for an arrest, such is arrested. superior shall cause the officer, against whom such complaint is made to be arrested; and when any officer is arrested as aforesaid, the officer whose duty it is made so to arrest, shall notify the officer arrested, in writing, that he is suspended from command until acquitted from such arrest, stating the grounds of arrest and the time and place of trial; and at the same time notify the officer next in command, that in consequence of such arrest he is required to perform the duties which were enjoined on the officer so arrested.

a witness when summoned,

60. That in all cases where an officer is arrested, the officer who orders Proceedings on the arrest shall issue any summons that may be applied for by either of the trial of arrest; parties, or which he may think necessary to compel the attendance of wit- penalty for failnesses; and the party so applying, or any person whom the officer granting ing to attend as such summons may appoint, may serve the same and endorse the time of service thereon, which shall be at least three days previous to the sitting of the court-martial, and shall make a return thereof to the president of said court, the first day thereof, who shall administer an oath or affirmation to the person returning the summons, relative to the service thereof: any person who neglects or refuses to attend to court-martial, after being duly summoned, shall be fined in a sum not exceeding fifty dollars, which fine shall be collected and applied as other fines under the provisions of this act; and any court-martial shall have power to issue compulsory process to compel the attendance of any witness who neglects or refuses to attend after being duly summoned.

officers necessa

61. That the commander-in-chief shall order general courts-martial, Courts-martial where a major-general [shall] preside: division courts-martial shall be ordered by what officers by the commandant of the division, where a brigadier-general shall preside; ordered; rank brigade courts-martial shall be ordered by the commandant of brigade, where and number of a colonel shall preside: regimental courts-martial shall be ordered by the commandant of the regiment, where a major shall preside: each court-martial ry to form a shall consist of not less than five nor more than thirteen members, and to be of rank, as near as may be, to the rank of the officer who is to be tried; all courts-martial shall, according to their rank, have power to punish any officer for neglect of duty, by suspension, fining, cashiering and disqualification to hold any office in the militia of this state.

court-martial.

oath to be taken

bers of the

62. That any officer ordering a court martial, shall appoint some suita- Judge-advocate -ble person to act as judge-advocate, who, before he enters on the duties of his to be appointappointment, shall take the following oath, to be administered by the president ed; form of his of the court: You A. B. do swear that you will not disclose or discover the oath; form of vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness by a court of justice, in due by the memcourse of law, nor divulge the sentence of the court to any but the proper board; duty of authority, until it shall be duly disclosed by the same, so help you God; and judge advothe judge-advocate or person acting as such shall administer the following cate; duty of oath to each member of such court-martial: You A. B. do swear that you courts-martial. will truly try and determine, according to evidence, the matter now before you, between the United States and the person to be tried, and that you will truly administer justice, according to law, without partiality, favor or affec-. tion, according to your conscience, the best of your understanding, and the custom of war in like cases: and you do further swear, that you will not divulge the sentence of the court, until it shall be published by the proper authority, neither will you disclose or discover the vote or opinion of any particular member of the court, unless required to give evidence thereof as a witness by a court of justice, in due course of law, so help you God: the person acting as judge-advocate shall prosecute in the name of the United States, but shall so far consider himself as counsel for the person accused, as to object to any leading questions being put to the prisoner or any witness, the answer of which might tend to criminate himself: all the members of the court-martial are to behave with decency and calmness, and in giving their votes to begin with the youngest in commission: all person who give evidence before a court-martial or court of inquiry are to be examined on oath or affir

mation in the following form: You do swear or affirm (as the case may be) that the evidence you shall give in the cause now in hearing, shall be the truth, the whole truth and nothing but the truth, so help you God.

Party entitled 63. That the party tried by a court-martial, shall be entitled to a copy to a copy of the of the sentence and proceedings of such court-martial, after the decision on the sentence upon demand thereof made by himself or any person or persons in his behalf, whether such sentence be approved or not.

sentence.

power and duty

Fines and pun64. That the commanding officer, for the time being, shall have full ishments, by power of pardoning or mitigating any censures or penalties ordered to be inwhom mitigat- flicted upon any private, or noncommissioned officer, for the breach of the ed or pardoned. provisions of this act, by a court-martial; and every offender convicted as aforesaid, by any regimental court-martial, may be pardoned or have the penalty mitigated by the colonel or commanding officer of the regiment, excepting only where such censures or penalties are directed as satisfaction for injuries received by an officer or private from another; but in case of officers, such sentence to be approved of by the commander-in-chief of the militia, who is empowered to pardon or mitigate such sentence or disapprove of the same. Courts of inqui- 65. That no court of inquiry shall be appointed to inquire into the conry by whom and duct of any officer, except by the commander-in-chief or a major-general, in what cases unless demanded by the accused: all courts of inquiry shall consist of three appointed; officers, to be of rank, as near as may be, to the rank of the officer whose conduct is to be inquired into, and a judge-advocate or other suitable person of courts of inas recorder, to reduce the proceedings and evidence to writing, all of whom quiry; form of oath to be taken shall be sworn to the faithful and impartial performance of their duty: courts by the mem- of inquiry shall have the same power to summon witnesses as courts-martial, bers; form of and to examine them on oath; but they shall not give their opinion on the the judge-advo- merits of the case unless they shall be expressly required so to do by the officer ordering the same: the proceedings of a court of inquiry shall be signed by the president and attested by the judge-advocate or recorder, and delivered or transmitted to the officer ordering the same; the judge advocate or recorder shall administer to the members of the court of inquiry, the following oath: You and each of you do swear, that you will well and truly examine and inquire, according to evidence, into the matter now before you, without partiality, favor, affection, prejudice or hope of reward, so help you God; after which the president shall administer to the judge-advocate or recorder, the following oath: You do swear that you will, according to the best of your abilities, accurately and impartially record the proceedings of the court, and the evidence to be given in the case in hearing, so help you God.

cate's oath.

Field officers for disobedi

pany officers for disobedi

66. That if any colonel, or commanding officer of any regiment or battalion, shall neglect or refuse to give orders for assembling his regiment or ence of orders battalion, at the direction of the commandant of the brigade to which he to be cashiered belongs, or in case of an invasion of, or insurrection in the state, he shall be or fined; com- cashiered or punished by fine, not exceeding five hundred dollars, at the discretion of a court-martial; and if a commissioned officer of the company ence, how pun- shall, on any occasion, neglect or refuse to give orders for assembling the ished; noncom- company to which he belongs or any part thereof, at the direction of the commissioned offi- mandant of the regiment or battalion to which such company belongs, he shall cers for disobe- be cashiered and punished by fine not exceeding two hundred dollars, at the dience, how discretion of a court-martial: a noncommissioned officer offending in such punished. case shall be fined at the discretion of a regimental court-martial in any sum not exceeding thirty dollars.

sioned officers

Field or com67. That if any field or other commissioned officer at any regimental missioned offi- review, or any other occasion when the regiment, battalion or company, to cers misbehav- which he may belong, or in which he may hold a command, is paraded in ing on parade, arms, shall misbehave or demean himself in an unofficer-like manner, he may how punished; for any such offence be cashiered or punished by fine at the discretion of a noncommis- court-martial, as the case may require, in any sum not exceeding eighty dolor privates, mis- lars; and if any noncommissioned officer, musician or private, shall on any behaving, how parade of the company to which he belongs, misbehave or disobey orders, or punished. use any reproachful or abusive language to his officers, or any of them, or quarrel or promote any quarrel among his fellow soldiers, he shall be immediately disarmed or put under guard by the commanding officer or officers present, until the company is dismissed, and may be by a court-martial fined in any sum not exceeding thirty dollars nor less than three dollars.

onel, how re

68. That if any noncommissioned officer or private shall think himself Noncommisinjured by his colonel or commanding officer of the regiment, and shall upon sioned officers due application made to him be refused redress, he may complain to the or privates inbrigadier-general, who shall direct three commissioned officers to inquire into jured by a colthe nature of the complaint, and if they report that the person complaining, dressed; courtin their opinion has been injured, the brigadier-general shall then direct the martial to be brigade-inspector, at a certain time and place, to summon a court-martial for ordered by the the purpose of doing justice to the person complaining, and shall also direct brigadier-genthe brigade-inspector to give the person complained of, at least eight days pre- eral; if injured vious notice of the time and place of the meeting of any such court-martial, by a captain or together with a copy of the charges exhibited against him; and if any non- other company commissioned officer or private shall think himself injured by his captain or officer, how reother superior officer in the battalion, troop or company to which he belongs, he may complain to the commanding officer of the regiment, who shall cause his adjutant to summon a regimental court-martial for doing justice according to the nature of the case.

dressed.

ments of mili

69. That the commander-in-chief shall, when calling out the next de- Duty of comtachment of militia from this state, whether under a call of the United States mander-inor this state, have a special regard to the number of volunteers and militia chief when calwhich have heretofore served a tour of duty, or have been legally called into ling out detachservice; and if it shall appear from an accurate calculation, that a greater tia; duty of number have served a tour of duty or have been called into service, than the commandants correct proportion which any division was bound by law to furnish, a credit of divisions, shall be given to such division at the time of calling out the next draft, and &c. in like the number thus credited shall be made up from such division or divisions as cases. may have been deficient; and the same principle shall be pursued by the commandants of divisions, brigades, regiments, battalions and companies; and if hereafter on a call of the militia, either under the authority of the United States or this state, a greater number shall volunteer their service and be accepted, than the number required from any division, brigade, regiment, battalion or company, on the succeeding call a like credit shall be given; and in case of a draft, the commander-in-chief and all militia officers shall cause both officers and privates, under their respective commands, to be called into service in their proper places as far as is practicable.

duty.

70. That all the public arms, ammunition, accoutrements, camp equipage Arms, &c. to and military stores, belonging or loaned to any division of the militia of this be under the state, shall be under the care and superintendence of the quarter-master gen- care of quartereral of such division, who shall have power to employ suitable persons to master general of divisions; clean and repair any arms or article which may require it, and certify any his power and just and reasonable accounts which may be rendered for such cleaning or repairing, and for transporting such arms or military stores to any place where they may be ordered by the commander-in-chief or commandant of division, which accounts thus certified, shall be allowed by the auditor and paid as other accounts against the state are paid: he shall receipt for all articles delivered to his charge, and shall account for the same at any time when called on so to do by the commander-in-chief or commandant of division.

71. That the militia of this state, when in actual service, shall be sub- Militia in servject to the same rules and regulations as the armies of the United States, and ice subject to shall receive the same pay and rations: Provided, upon any transgression of the same regueither officer or private against such rules and regulations, the cause shall be lations as regutried and determined by a court-martial of the militia of this state, if practilar troops. cable to convene the same.

72. That whenever any necessary expense shall accrue in carrying into Expenses, how effect the provisions of this act, for the payment of which no provision is here- paid. inbefore made, the same shall be paid out of the contingent fund, upon the order of the commander-in-chief.

73. That the act, entitled an act for disciplining the militia, passed O. L. c. 178, February 14, 1809, and the act, entitled an act to amend the act for disci- 258, repealed. plining the militia,' passed January 30th, 1811, be and the same are hereby repealed: Provided always, That nothing in this act shall be so construed as Proviso. to prevent the recovery of any fine or fines which may have been incurred under the aforesaid acts or either of them; but all offences heretofore committed against said acts or either of them, shall be proceeded against, and fines incurred shall be recovered in the same manner as if the said acts had not

been repealed; and in all cases where fines may heretofore have been assessed, but which remain unpaid, it shall be lawful for the commandant of the regi ment or odd battalion, in the limits of which such fines may have been incurred at any time, to appoint any other collector or collectors as may seem to him proper, who shall proceed in the same manner as if such collector or collectors had been appointed by the proper board of officers. This act shall take effect When to take and be in force from and after the first day of May next. [Passed, Febru ary 9, 1813.]

effect.

Repealed, February 26, 1816, O. L. c. 390, 13; see also

O. L. c. 312,

351. Preamble.

A further time of one year allowed for making improve

ments.

CHAP. CCCVI.-An act to amend an act, entitled an act to amend the act, entitled "an act directing in what manner certain lands granted by congress, for the use of schools, in the Virginia military tract, shall be surveyed and disposed of."

Whereas it has been represented to this general assembly, by a number of inhabitants of the county of Richland, that many of the lessees of school lands, in the Virginia military tract, leased at Mansfield, have been driven from their possession by the savage enemies of our country, and that consequently they cannot make the improvements, within the time required by the act to which this is an amendment: therefore,

Be it enacted, &c. That any person or persons who have heretofore purchased or leased any tract or tracts of the Virginia military school lands aforesaid, and who have not improved the same, agreeably to the provisions of the third section of the act to which this is an amendment, be and they are hereby allowed the further time of one year to make the aforesaid improvements, from and after the passage of this act, any thing in the aboyerecited act to the contrary notwithstanding.t [Passed, February 9, 1813.]

+ RESOLUTIONS: 1. Resolution approving of the administration of national affairs: Resolved, That in the name and in behalf of our constituents we pledge ourselves, to aid the national government in the present emergency to the extent of our resources; and we do this in the hope that the goodly heritage of our freedom may descend from us, to posterity, as we received it-excellent and unimpaired:

That we have seen, with emotions of much concern, the protracted delay of the French government, to render justice to this nation, for its outrageous depredations upon us, and that we will afford, to the constituted authorities, in whose wisdom and firmness we place confident reliance, our utmost support in their efforts to sustain the honor of the nation, and to obtain suitable amends for its injuries:

That in the opinion of this general assembly, every member of the republic is now peculiarly called upon by all honorable and honest motives, to sacrifice, at the shrine of his country, political dissentions and personal animosities, and with united efforts to rescue from danger, that civil and political liberty, for which our fathers so arduously struggled and so freely bled. That the governor be requested to transmit to the president of the United States, to the president of the senate, the speaker of the house of representatives, and to our senators and representative in congress, one copy each of the foregoing resolutions. [Passed, January 4, 1813.]

2. Resolution requesting the governor to apply to the department of war for a supply of arms and ordnance for the state militia.

3. Resolution, relative to the jurisdictional right of the state of Ohio over the Ohio river: Whereas great difficulties and inconveniences are experienced in the punishment of offences, committed on that part of the Ohio river, bordering this state, requiring in the opinion of this general assembly such specific arrangements, with the states possessing concurrent jurisdiction with this state on that part of said river, as will remove all hazard of collisions of authority, such as will secure the proper punishment of all crimes thereon committed, within the jurisdiction to which it may most properly belong: therefore,

Be it resolved, &c. That the legislatures of the commonwealths of Virginia and Kentucky, be and they are hereby respectfully solicited, to provide for the appointment of commissioners on their respective parts, to meet such commissioners as may be appointed on the part of this state, at such time and place as the executive of Virginia may appoint, to arrange and define by compact, the extent and objects of their several concurring jurisdictions on said river, subject however to the approval of the legislatures of said commonwealths and of this state, and the consent of the congress of the United States.

That the governor of this state be, and he is hereby authorized, to appoint three commissioners on the part of this state, to meet such commissioners as may be appointed by the commonwealths of Virginia and Kentucky, for the purposes set out in the first resolution, and that he be requested to communicate the foregoing preamble and resolutions, to the executive authorities of Virginia and Kentucky, with a request that they be laid before their respective legislatures. [Passed, January 14, 1813.]

4. Resolution for the appointment of commissioners to fix the seat of justice in Harrison county.

*See O. L. c. 184, 240, 241.

ACTS OF THE TWELFTH GENERAL ASSEMBLY OF THE
STATE OF OHIO:

Passed at the first session, which was held at Chillicothe, and commenced December 6, 1813.

OTHNIEL LOOKER, speaker of the senate; JOHN POLLOCK, speaker of the house of

representatives.

CHAP. CCCVII.--An act concerning the direct tax of the United States.

Obsolete; see

1. Be it enacted, &c. That the governor be, and he is hereby authorized, O. L. c. 350,

to cause notice to be given to the secretary of the treasury of the United 369, 411. Governor to States, of the intention of this state, to pay into the treasury of the United give notice to States, the quota of the direct tax of the United States laid on the state of the secretary of Ohio, pursuant to the provisions of the seventh section of the act of congress, the treasury of entitled, an act to lay and collect a direct tax within the United States,' the U. States. passed the second day of August, one thousand eight hundred and thirteen.

2. That the governor be, and he is hereby authorized to borrow on the Governor aucredit of this state, any sum not exceeding fifty-five thousand dollars, for one thorized to boryear, at a rate of interest not to exceed six per centum per annum, and pay row 55,000 dolthe same into the treasury of this state, and take the treasurer's receipt for lars at 6 per the amount, and deposit it with the auditor, and cause to be issued by the au- cent. per anditor, to the loaner or loaners, suitable and proper evidences of the debt the auditor. num; duty of incurred on the part of the state, for the repayment of which sum so to be borrowed, and the interest arising thereon, an amount equal thereto of the revenue for the year one thousand eight hundred and fourteen is hereby pledged.

3. That the governor be, and he is hereby authorized to cause bills to Further duty of be issued by the auditor, to be paid by the treasurer of this state into the the auditor; treasury of the United States, on or before the tenth day of February next, 88,527 dollars for the sum of eighty-eight thousand five hundred and twenty-seven dollars 62 cents to be paid into the sixty-two cents, in full of the quota of the direct tax of the United States laid on the state of Ohio by the beforerecited act of congress entitled, an United States. treasury of the act to lay and collect a direct tax within the United States.'

4. That the sum of eighty-eight thousand five hundred and twenty-seven Appropriation dollars sixty-two cents, be, and the same is hereby appropriated, out of any of 88,527 62

5. Resolution directing the governor to issue writs for the election of senators in certain districts.

6. Resolution concerning the conduct of the corps of volunteers from this state, during and previous to the late campaign, under the command of general Hull.

Whereas it is deemed of vital importance to every republican government, that an ardent love of country should characterize its inhabitants: whereas, those are especially deserving of the gratitude of their country, who stand forth early and with alacrity in its defence; and whereas this general assembly have been advised of the promptitude and honest zeal with which the corps of volunteers from this state (lately under the command of general Hull) assembled were organized and marched into the enemy's country-and of their bravery and general good conduct: therefore,

Be it resolved, &c. That the thanks of this state are due to the officers and soldiers, composing the said corps, for the patriotism, bravery and general good conduct, which they evinced, during their late arduous and disastrous expedition.

That the governor of this state be requested to forward to each of the late commandants of the three regiments composing said corps, a copy of these resolutions: and that he take such further notice of them, in his general orders, as commander-in-chief of the militia of this state, as propriety may dictate. [Passed, December 21, 1813.]

7. Resolution requesting the governor to have certain field pieces mounted and equipped. 8. Resolution requesting the governor to issue a proclamation recommending a day of publie thanksgiving and fasting.

9. Resolution that certain services of the Ohio militia ought to be paid by the United States.

Resolved, &c. That in their opinion all accounts for services rendered by any detachments of the militia of this state, in defence of our common country, and for supplies to them furnished, ought to be adjusted and certified by the governor, and transmitted to the secretary át war, for final adjustment and payment. [Passed, January 2, 1813.]

10. A resolution appointing certain road commissioners.

11. Resolution instructing the door-keepers in relation to certain furniture, &c.

12. Resolution repealing part of a former resolution.

13. Resolution for the distribution of the laws and journals.

cents.