MILITARY LAW. That part of the law of the land which prescribes and enforces the public obligations of persons in the military service. The civil law not being adequate for the govern ment of the military community, peculiar laws and institutions have been framed for its regu lation, which invest military authority with the right to punish ollenders who are under military rule for offenses contrary to military discipline, or breaches of military duty, the essential object being to maintain order and discipline in the army. Every country that maintains a standing army generally enacts articles for its govern ment, and confers special and limited powers upon the military authorities to enable them to enforce their provisions.
The Constitution of the 'United States confided to Congress the power to keep up a standing army, and to make rules and regulations for its government. Under this grant Congress has en acted "Articles of War" and other .similar enact ments which together constitute the statutory military law of the l'nited States. These
statutes deal not only \\lilt military offenses and punishments, but also with the eonstitution, composition, jurisdiction. and procedure of mili tary courts. The power of the President to issue regulations and orders to the army is a right incidental to his constitutional power as Com mander-in-Chief. and is a means for carrying into execution his sovereign lamer. Such orders of the President, as ]]]]] ander-in-Chief, and of superior officers, when not in elliliet with exist law and regulations. are also it out of the code military. To declare what the law for the army shall lie is the province of Congress. But to interpret this law is a judicial function. While American military law is mostly statutory. we must go to the decisions of the courts and to the opinions of the attorneys-general for interpreta tion and explanation of the elladed word.