COURT-MARTIAL. A military or naval tribunal, which has jurisdiction of of fences against the law of the service, military or naval, in which the offender is engaged.
The original tribunal, for which courts-martial are a partial substitute, was the Court of Chivalry, Which title see. These courts exist and have their jurisdiction by virtue of the military law, the court being constituted and empowered to aet in each instance by authority from a commanding officer. The general principles applicab e to courts martial in the army and navy are essentially the same; and for consideration of the exact distinctions between them reference must be had to the works of writers upon these subjeots. Courts-martial for the regulation of the militia are held in the various states under local statutes, which resemble in their main features those provided for in the army of the United States; and when in actual service the militia, like the regular troops, are subject to courts martial, composed, however, of militia officers.
2. As to their constitution and jurisdiction, these courts may belong to one of the follow ing classes - General, which have jurisdiction over every species of offenc?of which courts-martial have jurisdiction. They are to be composed in the United States of not less than five nor more than thirteen commissioned officers of suitable rank, according to the exigencies of the service, and in England of not less than thirteen commissioned officers, except in spe cial cases, and usually do consist of more than that number.
Regimental, which have jurisdiction of some minor offences occurring in a regiment or corps. They consist in the United States of not less than three commissioned officers; in England, of not less than five commissioned officers, when that number can be assembled without detriment to the service, and of not less than three in any event. The jurisdic tion of this class of courts-martial extends only to offences less than capital committed by those below the rank of commissioned officers, and their decision is subject to re vision by the commanding officer of the division, regiment, or detachment, by the officer who appointed them, or by certain superior officers.
Garrison, which have jurisdiction of some minor offences occurring in a garrison, fort, or barracks. They are of the same constitu tion as to number and qualifications of mem bers as regimental courts-martial. Their limits of jurisdiction in degree are the same, and their decisions are in a similar manner subject to revision.
3. The appointment or assemblage of a general court-martial in the United States can take place, for the army, only by com mand of the president, a general officer com manding an army, or an officer commanding a separate department ; for the navy, by com mand of the president, the secretary of the navy, the commander-in-chief of the fleet, or the commander of a squadron acting out of the United States ; in England, by command of the sovereign, the commander-in-chief to whom the power has been delegated by the sovereign, or in consequence of a warrant from the commander-in-chief to some officer directing him to convene such court. See
DeHart,,Courts-Mart. 8 ; V. Kennedy, Courts Mart. 16. The decision of the commanding officer as to the number that can be convened without injury to the service is conclusive. 12 Wheat. 19.
4. The jurisdiction of such courts is limited to offences against the military law (which title see) committed by individuals in the service, 12 Johns. N. • Y. 257; see DeHart, Courts-Mart. 28 ; 3 Wheat. 212 ; 3 Am. Jur. 281; which latter term includes sutlers, re tainers to the camp, and persons serving with the army in the field. 60th Art, of War ; DeHart, Courts-Mart. 24, 25. See V. Ken nedy, Courts-Mart. 3. But while a district is under martial law by proclamation of the executive, as for rebellion, they may take jurisdiction of offences which are cognizable by the civil courts only in time of peace. V. Kennedy, Courts-Mart. 14. This rule is said by American writers to apply where the army passes into a district where there are no civil courts in existence. Benet, Mil. Law, 15. In regard to the j urisdiction of naval courts martial over civil crimes committed at sea, see 1 Term, 548 ' . 3 Wheat. 212 ; 10 id. 159 ; 1 N. Y. Leg. Ohs. 371 ; 7 Hill, N. Y. 95 ; 1 Kent, Comm. 341, 5. The court must appear from its record to have acted within its jurisdiction. 3 Serg. & R. Penn. 590 ; 1 Rawle, Penn. 143 ; 11 Pick. Mass. 442 ; 19 Johns. N. Y. 7 ; 25 Me. 168 ; 1 M'Mull. So. C. 69; 13 How. 134. A want of jurisdiction either of the person, 1 Brock. C. C. 324, or of the offence, will render the members of the court and officers exe cuting its sentence trespassers. 3 Cranch, 331. See MILITARY LAW ; MARTIAL LAW. So, too, the members are liable to a civil action if they admit or reject evidence con trary to the rules of the common law, 2 Kent, Comm. 10; V. Kennedy, Courts-Mart. 13; or award excessive or illegal punishment. V. Kennedy, Courts-Mart. 13.
The decisions of general courts-martial are subject to revision by the commanding officer, the officer ordering the court, or by the pre sident or sovereign, as the case may be. 11 Johns. N. Y. 150. Consult Benet ; DeHart, and also Adye ; Defalon ; Hough ; J. Ken nedy; V. Kennedy ; M'Arthur ; Macnaghten; Macomb; Simmons ; Tytler on Courts-Martial.