Chapter III. *relative to Courts-Martial in the Army.* Dec. 24, 1861. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, General courts-martial, who may appoint, &c
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Chap. III.— An Act *relative to Courts-Martial in the Army.* Dec. 24, 1861. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, General courts-martial, who may appoint, &c. That in time of war the commander of a division or separate brigade may appoint general courts-martial, and confirm, execute, pardon, and mitigate their sentences, as allowed and restrained in the sixty-fifth and eighty-ninth articles of war Sentencesto commanders of armies and departments: *Provided*, That sentences of such courts extending to loss of life or dismission of a commissioned officer shall require the confirmation of the general commanding the army in the field to which the division or brigade belongs: *And provided further*THIRTY-SEVENTH CONGRESS.
Sess. II. Ch. 4, 5, 6. 1861.331 That when the division or brigade commander shall be the accuser orProsecutor not to appoint court. prosecutor, the court shall be appointed by the next higher commander. Approved, December 24, 1861.