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October 21, 1776.
That the rations allowed to the several officers on the staff in the Army of the United States, not heretofore settled, be as follows: To the
deputy judge-advocate, 6 rations, April 10, 1777.—“John Lawrence, esq., is appointed judge-advocate in the room of William Tudor, esq., who has resigned.” Orders, General Headquarters, Morristown.)
April 11, 1777. Resolved,
That the pay of the judge-advocate be raised to 60 dollars a month.
May 27, 1777.
Resolved, That if General Gates, before General Schuyler's arrival at Albany, shall have appointed a
deputy judge-advocate for the northern army, the said appointments be confirmed; if not, that General Schuyler be empowered to make these appointments.
June 6, 1979.
Resolved, That the deputy judge-advocate in the northern army, and the deputy judge-advocate of the division of the Army now at Peek'sKill, be allowed the rank, pay, and rations of captains.
November 20, 1777.—“Lieutenant John Marshall is, by the Judge-Advocate-General, appointed deputy judge-advocate in the Army of the United States.” (Orders, General Headquarters, White-Marsh.)
February 5, 1778.—To assist and cooperate with the judge-advocate in ronducting the trial of general officers who were in the Northern Department when Ticonderoga and Mount Independence were evacuated, Congress authorized the appointment of two counselors, and elected Jonathan D. Sergeant, esq., attorney-general of Pennsylvania, and William Patterson, esq., attorney-general of New Jersey.
February 17, 1878. Resolved, That Brigadier R. Howe's appointment of Henry Purcell, to be deputy judge-advocate-general for the States of South Carolina and Georgia, be confirmed.
March 27, 1778.
Resolved, That John Lawrence, esq., Judge-Advocate-General, be hereafter allowed 75 dollars per month, his former rations, and forage for two horses.
November 13, 1778.
Resolved, That the commanding officer in the Southern Department be empowered, if he shall find it necessary, to appoint a deputy judgeadvocate for the troops in Georgia, to act so long as occasion requires, and to be entitled to the usual monthly pay and allowance.
November 16, 1779.
Resolved, That it be recommended to the executive authority of the respective States, upon the application of the judge-advocate for that purpose, to grant proper writs requiring and compelling the person or persons whose attendance shall be requested by the said judge to appear and give testimony in any cause depending before a courtmartial; and that it be recommended to the legislatures of the several States to vest the necessary powers for the purposes aforesaid in their executive authorities, if the same be not already done.
Resolved, That in cases not capital in trials in court-martial, depositions may be given in evidence, provided the prosecutor and person accused are present at the taking of the same.
December 21, 1979.
Resolved, That until the further order of Congress, the subsistence of a judge-advocate be the same as the present subsistence of a colonel; and that the subsistence of a deputy judge-advocate be the same as the present subsistence of a lieutenant-colonel.
December 24, 1779.
Resolved, That on the trials of cases not capital before courts-martial, the depositions of witnesses not in the line or staff of the Army may be taken before some justice of the peace, and read in evidence, provided the prosecutor and person accused are present at the taking the same, or that notice be given of the times and places of taking such depositions to the opposite party four days previous thereto, when the witness reside within the distance of thirty miles from such party, and six days when the witness reside above the distance of thirty, and not exceeding eighty miles, and a reasonable time for a greater distance.
Resolved, That to encourage witnesses who do not belong to the Army to attend on courts-martial and give their evidence viva voce when required by the judge-advocate, the reasonable expenses of such witnesses shall be defrayed by the United States, and paid by the paymaster to the board of war and ordnance, being first adjusted by the said board.
December 24, 1779.—“The honorable the Board of War, having procured a small supply of shirts and linen, and directed the distribution of them among the officers of the
staff, who are not adopted by any State, the clothier-general is to deliver them, upon returns signed by the heads of the following corps and departments at the rates directed by a resolve of Congress of the 25th of November last. Judge-Advocate.”
(Orders, General Headquarters, Morristoun.)
April 9, 1780.--"Lieutenant Edwards, of Col. Jackson's regiment, is appointed deputy judge-advocate in the Army of the United States.” (Orders, General Headquarters, Morristown.)
July 15, 1780. Resolved, That the following proportion of wagons and bathorses be allowed to the different ranks of officers, and no more, unless it be by order of the Commander in Chief or commanding officer of a separate army, each of whom to be allowed for themselves so many baggage wagons and bathorses as they may think necessary, to wit:
1 two-horse wagon or 2 bathorses.
Deputy judge-advocate with a separate army..... 1 two-horse wagon or 2 bathorses.
Resolved, That in addition
there be issued many rations as the service shall require.
November 10, 1780.
Resolved, That the salary of John Lawrence, as Judge-Advocate, be settled at the rate of 60 dollars per month, from the time of his appointment to the 27th of March, 1778, and from that day to the 1st of August last, at the rate of 75 dollars per month; that the depreciation on his pay shall be adjusted on the same principles as are directed with respect to that part of the line of the Army which is to be provided for by Congress; that from the first day of August last, his pay and appointments be 140 dollars per month, 2 rations per day, exclusive of what is allowed to the office by the arrangement of the Quartermaster's Department.
That Mr. Edwards, besides his pay as a lieutenant, shall be entitled to an addition of 15 dollars per month as deputy judge-advocate, and that Mr. Strong shall, in all respects, excepting the rank of lieutenant, be entitled to the pay and appointments provided for Mr. Edwards for the time he hath or shall continue to execute the office of deputy judge-advocate.
September 28, 1781.
Resolved, That it be, and hereby is, recommended to the States of which the Judge- Advocate and his assistants are respectively inhabitants to settle with them for the depreciation of their pay on the principles adopted in settlements with the officers of their respective State line.
June 3, 1782.-Congress accepted the resignation of John Lawrence, JudgeAdvocate.
July 9, 1782.
Congress proceeded to the election of a Judge-Advocate for the Army, and, the ballots being taken,
James Innis, esq., was elected, having been previously nominated by Mr. Bland, Va.
July 11, 1782.
Resolved, That the pay of the Judge-Advocate for the Army of the United States be 75 dollars per month; that he be allowed two rations per day, and 12 dollars per month for subsistence; also a two-horse wagon, with forage for two saddle horses; that he be also allowed for a servant 6f dollars per month, for which servant he shall be entitled to draw the rations and clothing of a private in the Army.
Resolved, That the pay of a deputy judge-advocate for the southern army, who shall be taken from the line, be 60 dollars per month, including his pay in the line; that he be allowed two rations per day, and 12 dollars per month for subsistence, including what he may be entitled to as an officer in the line; also a two-horse wagon, with forage for two saddle horses, including what he may be entitled to as an officer of the line; that he be also allowed for a servant 6 dollars per month, for which servant he shall be entitled to draw the rations and clothing of a private in the Army. In this last case he shall not be allowed a servant from the line.
Resolved, That the deputy judge-advocate employed in the same army with the Judge-Advocate be taken from the line of the Army, who shall receive, in addition to his pay in the line, 15 dollars per month; that he be also allowed for a servant the same as the JudgeAdvocate, and that he be allowed forage for one saddle horse.
Resolved, That all resolutions heretofore passed respecting the pay and allowance in the department of Judge-Advocate be, and the same are hereby, repealed..
September 12, 1782.-Mr. Innis having failed to signify his acceptance and it having been intimated that he would decline the office, Congress, September 18, elected Major Howell in his place, who, in turn, declined the office of Judge-Advocate, October 1, 1782.
September 18, 1782. Congress proceeded to the election of a Judge-Advocate, and, the ballots being taken,
Major Richard Howell was elected, having been previously nominated by Mr. Boudinot.
October 2, 1782.
Congress proceeded to the election of a Judge-Advocate, and, the ballots being taken,
Lieutenant Thomas Edwards was elected, having been previously nominated by Mr. Duane.
October 7, 1782. “The honorable the Congress of the United States_[has) been pleased by their resolutions of the 2d October, to appoint Lt. Thomas Edwards, of the 9th Massachusetts Regt., to be Judge-Advocate of the Army.” (Orders, General Headquarters, Verpank's Point.)
October 23, 1782.
That the following be the proportion of wagons and bathorses to the different rank of officers:
Judge-Advocate, one two-horse wagon.
November 12, 1782. “Lt. Samuel Cogswell, of the 9th Massachusetts Regt., is appointed deputy judge-advocate." (Orders, General Headquarters, Neuburgh.)
STATUTES AT LARGE.
Act of March 3, 1797 (1 Stats., 507).
AN ACT to amend and repeal, in part, the act entitled “An act to ascertain and fix
the military establishment of the United States."
SEC. 2. That there shall be
one judge-advocate, who shall be taken from the commissioned officers of the line, and shall be entitled to receive two rations extra per day and twenty-five dollars per month, in addition to his pay in the line; and whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof.
Act of April 10, 1806 (2 Stats., 359).
AN ACT for establishing rules and articles for the government of the armies of the
ARTICLE 69. The judge-advocate, or some person deputed by him, or by the general or officer commanding the army detachment or garrison, shall prosecute in the name of the United States, but shall so far consider himself as counsel for the prisoner, after the said prisoner shall have made his plea, as to object to any leading question to any of the witnesses, or any question to the prisoner, the answer to which might tend to criminate himself; and administer to each member of the court before they proceed upon any trial the following oath:
“You, A. B., do swear that you will well and truly try and determine according to evidence the matter now before you between the United States of America and the prisoner to be tried, and that you will duly administer justice, according to the provisions of 'An act establishing rules and articles for the governnment of the armies of the United States, without partiality, favor or affection; and if any doubt shall arise, notoexplained by said articles, 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-martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course or law. SO help you God."
And as soon as the said oath shall have been administered to the respective members the president of the court shall administer to the judge-advocate, or person officiating as such, an oath in the following words:
“You, A. B., do swear that you will not disclose or discover the 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 course of law; nor divulge the sentence of the court, to any but the proper authority, until it shall be duly disclosed by the same. So help you God."