A Treatise on Military Law and the Practice of Courts-martial |
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Page 11
... discretion , or his own sovereign through him , shall see fit to au- thorize . + During the occupation of Mexico by the United States army , the general - in - chief declared martial law . After stating in his " general order " that the ...
... discretion , or his own sovereign through him , shall see fit to au- thorize . + During the occupation of Mexico by the United States army , the general - in - chief declared martial law . After stating in his " general order " that the ...
Page 21
... discretion , and having exercised that discretion , such graduate , so commis- sioned and attached , becomes an officer of the lowest grade in the corps , and is entitled to all consideration as a commissioned officer . " * In July ...
... discretion , and having exercised that discretion , such graduate , so commis- sioned and attached , becomes an officer of the lowest grade in the corps , and is entitled to all consideration as a commissioned officer . " * In July ...
Page 23
... discretion , and nothing short of clear and indisputable evidence of a wilfully corrupt intention could invalidate his act . The law was made sufficiently flexible to conform , as near mum . * Wirt's opinion , August 29th , 1819 ...
... discretion , and nothing short of clear and indisputable evidence of a wilfully corrupt intention could invalidate his act . The law was made sufficiently flexible to conform , as near mum . * Wirt's opinion , August 29th , 1819 ...
Page 30
... discretion , any person " whatsoever " who " shall use any menacing words , signs , or gestures , in presence of a court - martial , or shall cause any disorder or riot , or disturb their pro- ceedings . " It must , however , be ...
... discretion , any person " whatsoever " who " shall use any menacing words , signs , or gestures , in presence of a court - martial , or shall cause any disorder or riot , or disturb their pro- ceedings . " It must , however , be ...
Page 38
... , and in such cases the court is left no discretion in the event of conviction . + 37th and 47th articles of war . * Adye , p . 96 . The sentence of death is prohibited by the 99th article 38 MILITARY LAW AND COURTS - MARTIAL .
... , and in such cases the court is left no discretion in the event of conviction . + 37th and 47th articles of war . * Adye , p . 96 . The sentence of death is prohibited by the 99th article 38 MILITARY LAW AND COURTS - MARTIAL .
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Common terms and phrases
according accused acquitted admissible admitted Amicus Curiæ answer appear application appointed army arrest article of war attorney-general brevet Captain cashiered cause challenge character charges and specifications circumstances civil commanding officer commissioned officer committed competent confession confinement constitution convened conviction court of inquiry crime criminal cross-examination decision declarations defence dence Department discretion duty dying declarations enlisted execution facts garrison give evidence guilty incompetent indictment inflicted judge advocate judgment jurisdiction jury justice martial martial law matter ment military law mitigate mutiny necessary non-commissioned officer oath object offence officer commanding officer or soldier officers and soldiers opinion pardon particular party person Phillipps plea pleaded President prisoner proceedings proof proper prosecution prosecutor proved punishment question record rules and articles secretary of war sentence summon sworn tence testimony thereof tion trial tried troop United United States army voir dire vote War Department witness
Popular passages
Page 364 - All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service. Sec. 2. And be it further enacted. That this act shall take effect...
Page 78 - States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases: and you do further swear that...
Page 338 - I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and articles of war.
Page 253 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
Page 334 - To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; 12 To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; 13 To provide and maintain a Navy...
Page 357 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Page 100 - V provides that no person shall " be subject for the same offence to be twice put in jeopardy of life or limb...
Page 153 - ... in time of peace or war, respect a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the United States for his confirmation or disapproval, and orders in the case.
Page 102 - America and the prisoner to be tried, and that you will duly administer justice, without partiality, favor or affection, according to the provisions of the rules and articles for the government of the armies of the United States...