Outlines of Military Law and the Laws of Evidence (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1874. Not illustrated. Excerpt: ... CHAPTER VIII. Martial Law. This term is frequently con-, founded with Military Law. It has been defined by the great Lord Hale as "no law at all," and by the Duke of Wellington as merely dependent on the will of the general commanding. It is a temporary and urgent measure (whereas Military Law is that found in the Mutiny Act, Articles of War, and other Regulations, and is, in fact, the Lex Scripta of the army), while the former has to do with all persons after being proclaimed. When civilians are tried by court-martial, the order is, " That the officer in command is to select civil and military men of experience," so that the prisoner may benefit by their sound judgment; for here the court's proceedings are regulated by the "supreme power of the executive to administer justice at all times," and not by the Mutiny Act. Care should in these cases be taken that the offender be arrested and tried within the area where martial law has been proclaimed; and it is necessary, in order to give the court jurisdiction in such cases, to prove that the offence has been committed within such area. Mr Gordon was arrested outside this area, then carried into a district where Martial Law prevailed, and tried by some officers, among whom was a young subaltern. CHAPTER IX. COURTS OF INQUIRY. These courts resemble, to a great extent, courtsmartial (emanating really from royal prerogative), and are of late years frequently substituted for, and may be held with mlich advantage prior to, them. They are not judicial bodies, but are used sometimes to determine whether in a special case it is necessary for a court-martial to be held. They cannot, however, compel the attendance of won-military witnesses. Kinds of Courts of Inquiry. Courts of inquiry are of two kinds--Courts of Inquiry, No....