STOSIS OF THE SERVWE 111 pellet. and in war are a source of military law. These usages have become to the army a kind of common law, sup plementing the statute and regulations. The oath administered to the members of a court martial requires them in doubtful eases to ad minister justice according to "the custom: of war in like cases." This oath is almost identical with the one taken by numbers of courts-martial in the British service, and the term "custom of war" as used in the Articles of War of the United States must not be understood as referring only to the usages of the army of the United States.
PEnsoxs SUBJECT"111 TI1E Alit.tranv 14.xw are ( 1) officers and soldiers on the active list. whether militia or others. mustered and in pay of the United Stales. (2) retired officers and sol dier:, 1:3) person,: who fraudulently enlist and receive pay and thereunder., (-I) dis ehargell ()dicers and soldiers who have defrauded the United States, (TO discharged 'ewers after summary dismissal and general prisoners. In time of war spies, retainers to the camp, persons who relieve and aid the enemy in the way' spmitied in the statutes. are included. \Vhen a person subject to military lam• commits an of fen''c he is placed in arrest or confinement. Ex cept in eases of quarrels. frays, and disorders commanding officers only have mover to put offi cers in arrest. An 'aver arrested (-online% himself to his quarters until his arrest is made open or its limits extended. Ile is not permitted to Wear a sword or to visit officially his commanding or superior unless directed to do so. When ever at commanding ()Meer places an olliver in ar rest and releases him without preferring charges he makes a written report to the department of the eause. When an (Oyer is put in arrest for the purpose of trial, except at re t e stations. t he talker ordering the arrest must see that he bas a copy of the charges: On Whirl' he is to be trial within eight days after his arrest. Non-oonunksioned ouIipers nd privates to lie tried by summary court are generally placed in arrest in their Iiilartvr.. Privates to be tried by general court-martial are 1.011,111141 ill the gnarillunt.e. Confinement without trial as a pun kinnent for an is forbidden. COTISI1UPOt upon arrest follows a prelimirmry investigation as to the crime or offense charged against the prisoner and the evidence upon which it is to be ‘iipportvd, If the offense is one for trial by a superior eourt, the charges are forwarded by the commanding °Meer with the -Antonioni that he has investigated them, and his opinion as to whether or not they van be sustained.
Certain various offenses against military law when committed in time of war are with death. In time of peace the ordinary pun.
ishments are dishonorable discharge, confinement at hard labor, and forfeiture of pay. The maxi mum punishment is only given when the offense is of the worst type, or when an example is nee e,sary. In a few instances the punishments are peremptory. The purposes of military process and proceedings in respect to offenses against military law have reference always to the pre vention in future of the commission of these offenses. In the military code of England promi nence is given to the principle of honor, and as the life of the military community will always depend on the zealous maintenance of this pro fessional eharacteristie. one of the most impor
tant purposes for which the military law exists is to preserve the honor and purity of the service.
American military law began with the War of the Revolution. Articles of war were first made for the government of the army on the 30th of Jane, I775. In April. 1S116, the present military code was established. This rode was derived immediately from the English military laws, and for many years the _Nun-rile:an (aver was eompelled to look to English treatises on military law to solve questions which arose in the course of his judicial duties. las 1g64 a military law department was established by Con gress, to be known as the Bureau of Military Justice. In 1883 this bureau was consolidated with the corps of the judge-advocates of the army under the tit le of "Judge-Advocates Department." which it still retains. This department as now organized consists of a judge-advocate-general, and eleven judge-advocates., holding permanent commissions in the department. These judge. advocates are stationed in time of peace at the headquarters of the several military depart ments into %villa the country is divided. In time of war they are nt the headquarters of corps and divisions. They are consultative of ficers and legal advisers. ln important trials the direct resplmsildlity of their prosecution is upon them. They receive and revise the pro. reedings of eourts-martial held in their several departments. give legal opinions, and administer oath:. In the English Army a judge-advocate never acts as a prosecutor or witness for the prosecution. lie is a helper to the court. and the prosecutor and the prisoner are entitled to his opinion on any point of law that is relevant to the trial. The judge-advocate-general is 3 member of Parliament. a Privy Couneilor, and a responsible adviser to the Crown in all eases of general courts-martial which the Crown con firms.
Military law requires that before a sentence of a court. be executed it must lie eon firnwd. In England the sentences of general courts-martial are confirmed by the King. or by an officer holding a warrant from the King. In the United States the officer ordering the court, or the otlieer commanding for the time being. must approve a sentence Before it can he executed. Except in eertain eonvietions in time of war a sentence of death must be confirmed by the President. In time of peace no sentence of a court-martial direeting the dismissal of an °nivel can hr eXeenteil Until npproved by the President. It is the duty of a confirming of ficer to see that the finding and sentence are legal. and that the latter does not award a fam ishment in excess of the punishment anthoripal by law. Where the sentence of a court-martial imposes several punishments one or more may be approved.
The principal offenses committed by soldiers are desertion, fraudulent enlistment. ence to superiors, quitting or sleeping on post, drunkenness, absence without leave, selling or losing by neglect clothing or equipment. and mis cellaneous offenses to the prejudice of good or der and military discipline. A person in the military service is not freed from his civil obligations. Ile is still a citizen and amenable to the civil authority for violation of local laws. lie is liable to be taxed for his real estate or household goods. He may vote at the place where he has a legal residence.