Sec. 33. That a Major General shall be tried by courts martial appointed by the Lieutenant General, where a Major General shall preside. Brigadier Generals shall be tried by courts martial appointed by the Major General, where a Brigadier General shall preside. Colonels, Lieutenant Colonels, Majors, and Captains shall be tried by courts martial appointed by the Brigadier General where a Colonel shall preside, and subalterns shall be tried by courts martial appointed by a Colonel, where a Lieutenant Colonel or a Major shall preside: and all commissioned staff officers shall be tried by courts martial detailed by their respective superiors officers as in other cases under the provisions of this act: each court martial shall consist of not less than five nor more than thirteen members, and to be of rank as near as can conveniently be had, of the officer tried: all courts martial so ordered, shall have power to punish any officer for neglect of duty, disobedience of orders, contempt, or any conduct unbecoming an officer or a gentleman, by suspension, fining, cashiering and disqualification to hold any office in the , and in all cases where fines may be assessed against any person by the sentence of such court martial, they shall be collected by warrant from the president as in cases of delinquents by th[e] provisions of this act.

Sec. 34. That when any court martial is met agreeably to the provisions of this act, the president shall administer the following oath or affirmation to the judge advocate: “You do solemnly swear (or affirm,) that you will not disclose or discover the vote of any particular member of this court martial, unless required to give evidence thereof as a witness by a court of justice, nor divulge the sentence of the court to any but the proper authority, untill it shall be disclosed by the same,” and the judge advocate, or person acting as such, shall administer the following oath to each member of such court martial. “You do solemnly swear (or affirm,) that you will truly determine, according to evidence, the matter now before you, between the , the State of , or the Nauvoo Legion, (as the case may be) and A. B. (the person <​to be​> tried) and that you will truly administer justice, according to law, without partiality, favor or affection, according to your conscience and the best of your understanding, and the customs of war in like cases, and [p. 11]