COURT-MARTIAL. A military or naval tribunal, which has jurisdiction of offences against the laws of the service, military or naval, in which the offender' is engaged.
Courts-martial have some of the functions of the Court of Chivalry, which title, see. They exist and have their jurisdiction by virtue of the military law, the court being constituted and empowered to each instance by authority from a command ing officer. The general principles applicable to courts-martial in the army and navy are essentially the same. 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, of which a majority of members must be militia officers (Act of May 27, 1908). Where all the members of a court-martial convened to try a volunteer officer are officers of the regular army, the court is ille gal; McClaughry v. Deming, 186 U. S. 49, 22 Sup. Ct. 786, 46 L. Ed. 1049 (considering at length the his torical relations of volunteers to the regular army and approving Deming v. McClaughry, 112 Fed. 639, 51 C. C. A. 349).
ARMY COURTS-MARTIAL.—By Act of March 2, 1913, it is provided that after July 1, 1913, courts-martial shall be of three kinds: 1. General Courts-Martial (consisting of any number of officers from 5 to 13 inclusive) may try any person, subject to military offence, punishable by the Articles of War, and any other person who by statute or the law of war is subject to trial by military tribunal.
Special Courts-Martial (consisting of any number of officers from 3 to 5 inclusive) shall have power to try any person subject to mili tary law, except an officer, for any crime or offence not capital, punishable by the 'Arti cles of War, but the President may make reg ulations excepting from their jurisdiction any class or classes of persons. They have
power to adjudge" punishment, not to exceed confinement at hard labor for 6 months or forfeiture of pay, or both, with reduction to the ranks of non-commissioned officers and reduction in classification of first-class pri vates.
Summary Courts-Martial (one officer) may try any soldier, except one having a certifi cate of eligibility to promotion, for any crime or offence not capital, punishable by .the Ar ticles of War. But non-commissioned of ficers shall not, if they object, be tried with out the authority of officers competent to bring them to trial before a General Court Martial. They may adjudge punishments not to exceed confinement at hard labor for 3 months or forfeiture of 3 months pay, or both, with reduction to the ranks as afore said ; but when the Summary Court-Martial is also the commanding officer, confinement or forfeiture of pay for more than one month, must be approved by superior authority.
Art. 74 provides that officers who may a• point a court-martial shall be competent to appoint a judge-advocate for the same. He withdraws when the court sits in closed ses sion. His advice must be given in open court. U. S. R. S. § 1341 The jurisdiction of such courts is limited to offences against the military law (which title see) committed by individuals in the service; Smith v. Shaw, 12 Johns. (N. Y.) 257; which latter term includes sutlers, re taiuers to the camp, and persons serving with the army in the field ; 60th Art. of War ; and persons employed in a quasi-military capacity with its troops in time of war and on its theatre; Davis, Mil. L. 478.
While a district is under martial law, by proclamation of the executive, as for rebel lion, they may take jurisdiction of offences which are cognizable by the civil courts only in time of peace ; 11 Op. Att.-Gen. 137. 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.