The Atlantic Monthly, Volume 11, No. 64, February, 1863: A Magazine of Literature, Art, and PoliticsVarious
History
The Atlantic Monthly, Volume 11, No. 64, February, 1863: A Magazine of Literature, Art, and Politics
Various
American periodicals
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 include death,--cashiering,[A]--cashiering,
with a clause disabling the officer from ever holding any office
under the United States,--dismissal,--suspension from rank and
pay,--reprimand. For soldiers the principal punishments are
death,--confinement,--confinement on bread-and-water diet,--solitary
confinement,--forfeiture of pay and allowances,--discharges.
[Footnote A: Cashiering implies something infamous in the British
service; and although it has been attempted to make no distinction
between cashiering and dismissing in our service, something of the
opprobrium still attaches to the former punishment.]
Public-domain text, read in full here on John Shaqi.
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