and just. All the directions as to _trials_ are
very practically set forth, so that any sensible volunteer officer,
appointed upon a court unexpectedly, could very soon, by the aid of
these pages, make himself "master of the position." And as there is
much concurrent, and sometimes apparently conflicting, jurisdiction of
military and civic courts, this volume ought to be on every lawyer's
table as the special expounder of military law, wherever it may
approach the action of the civil code.
Having said thus much of the general plan, scope, and merits of the
work, let us cast a brief glance at the nature of its contents. It is
called a treatise on _Military Law_. What is military law? It is that
law which governs the army, and all individuals connected with it. In
other words, it has respect to military organization and discipline.
It must not be confounded with _Martial Law_, which is the suspension
of civic law, and the substitution of military law over citizens, not
soldiers, in extraordinary circumstances.
Military law, which cannot wait for the slow processes of civic
courts, is immediate and condign in its action, and is administered
by courts-martial, to which are confided the powers of judge and jury.
These courts examine into the cases, find verdicts, and pronounce
sentences,--all, however, subject to the revision and sanction of the
supreme authority which convened them.
Courts--martial are divided into two classes: _General Courts_, for
the trial of officers, and of the higher grades of offences; and
_Regimental_ or _Garrison Courts_, for the consideration of less
important cases in a regiment or garrison. General courts vary in the
number of members: they must be composed of not less than _five_, and
of never more than _thirteen_. Regimental or garrison courts are
never composed of more than three members. For general courts, only, a
judge-advocate is appointed to conduct the prosecution for the United
States.
The offences against military law are determined by the "Rules and
Articles of War," in which the principal offences are distinctly set
forth and forbidden; and, that unanticipated misconduct may not be
without cognizance and punishment, the _ninety-ninth_ article includes
all such cases under the charge of "conduct to the prejudice of good
order and military discipline," which is of universal scope.
The punishments are also set forth in the Articles of War. Those
prescribed for officers inclu
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