An Analytical Digest of the Military Laws of the United States. a Compilation of the Constitutional And Statutory Provisions Concerning the Military Establishment, in All Its Branches And Relations, Accompanied By Judicial And Executive Decisions Explanat

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AVith all the respect, therefore, which we ought to feel for our officers, I suggest it to you, sir [the secretary of war], as a matter of legal propriety, that, in every case of life and death, at least, the President ought to be satis- fied of the manifest injury which the service would have sustained in convening a court of thirteen, before he gives his sanction to a sentence of death by a smaller number." — 1 Opinions, 299, 300. A court-martial reduced below the minimum, by the absence of m...embers, is still competent to meet and adjourn from day to day, till absentees return, or till the court is dissolved by competent authority. — 4 ibid., 18.
284 DIGEST OF MILITARY LAWS.
colonel commanding a separate department, shall be the accuser or prosecutor of any officer in the army of the United States, under his command, the general court-martial for the trial of such officer shall be appointed by the President of the United States. — Sec. 1, May 29, 1830, chap. 119.
635. The proceedings and sentence of the said court shall be sent directly to the secretary of war, to be by him laid before the President, for his confirmation or approval, or orders in the case.


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