members, two of whom shall constitute a quorum, and each member shall be entitled to the rank and pay of a colonel of cavalry, shall be appointed by the President, by and with the advice an consent of the Senate, and shall hold his office during the war, unless the court shall be sooner abolished by Congress. For each court there shall be one judge-advocate, to be appointed by the President, by and with the advice and consent of the Senate, with the rank and pay of a captain of cavalry, whose duties shall be as prescribed by the Rules and Articles of War, except as enlarged and modified by the purposes and provisions of this act, and who shall also hold his office during the war, unless the court shall be sooner abolished by the Congress; and in case of the absence or disability of the judge-advocate, upon the application of the court, the commander of the army corps to which such court is attached may appoint or detail an officer to perform the duties of judge-advocate during such absence or disability, or until the vacancy, if any, shall be filled by the President.
SEC. 2. Each court shall have the right to appoint a provost-marshal, to attend its sittings and execute the orders of the court, with the rank and pay of a captain of cavalry; and also a clerk, who shall have a salary of one hundred and twenty-five dollars per month, who shall keep the record of the proceedings of the court, and shall reduce to writing the substance of the evidence in each case, and file the same in court. The provost-marshal and the clerk shall hold their offices during the pleasure of the court. Each member of the court, the judge-advocate and the clerk, shall have eh power to administer oaths.
SEC. 3. Each court shall have power to adopt rules for conducting business and for the trial of causes, and to enforce the rules adopted, and to punish for contempt, and to regulate the taking of evidence, and to secure the attendance of witnesses, and to enforce and execute its orders, sentences and judgments, as in cases of courts-martial
SEC. 4. The jurisdiction of each court shall extend to all offenses now cognizable by courts-martial under the Rules and Articles of War and the customs of war, and also to all offenses defined as crimes by the laws of the Confederate States to all cases of murder, manslaughter, arson, rape, robbery and larceny, as defined by the common law, when committed by any private or officer in the Army of the Confederate States against any other private or officer in the Army, or against the property or person of any citizen or other person not in the Army: Provided, Said courts shall not have jurisdiction of offenders above the grade f colonel For offenses cognizable by courts-martial the court shall, on conviction, inflict the penalty prescribed by the Rules and Articles of War, and in the manner and mode therein mentioned; and for offenses not punishable by the Rules and Articles of War, but punishable by the laws of the Confederate States, said court shall inflict the penalties prescribed by the laws of the Confederate States; and for offenses against which penalties are not prescribed by the Rules and Articles of War, nor by the laws of a State, said court shall inflict the punishment prescribed by the laws of the State in which the offense was committed: Provided, That in cases in which, by the laws of the Confederate States, or of the State, the punishment is by fine or by imprisonment, or by both, the court may, in its discretion, inflict any other punishment less than death; and for the offenses defined as murder, manslaughter, arson, rape, robbery and larceny, by the common law, when committed beyond the territorial limits of the Confederate States, the punishment shall be in the discretion of the court. That when an officer under the grade of brigadier-general or private shall be put under arrest for any offense cognizable by the court herein provided for, notice of his arrest and of the offense with which he shall be charged shall be given to the judge-advocate by the officer ordering said arrest, and he shall be entitled to as speedy a trial as the business before said court will allow.
SEC. 5. Said courts shall attend the Army, shall have appropriate quarters witting the lines of the Army, shall be always open for the transaction of business, and the final decisions and sentences of said courts in convictions shall be subject to review, mitigation and suspension, as now provided by the Rules and Articles of War in cases of courts-martial,
SEC 6. That during the recess of the Senate the President may appoint the members of the courts and the judges-advocate provided for in the previous sections, subject to the confirmation of the Senate at its session next ensuring said appointments.
Approved October 9, 1862.