A MANUAL

FOR

COURTS-MARTIAL,

COURTS OF INQUIRY, AND

RETIRING BOARDS,

AND OF OTHER

PROCEDURE UNDER MILITARY LAW.

Revised in the Judge-Advocate General's Office, and published

by authority of the Secretary of War,

FOR

USE IN THE ARMY OF THE UNITED STATES.

REVISED EDITION, 1908.
(Corrected to August, 1910.)

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

5-301 12,410

WAR DEPARTMENT,

Document No. 370.

Office of the Judge-Advocate-General.

ABBREVIATIONS.

A. R.-United States Army Regulations of 1908.

A. W.-Articles of War.

R. S.-Revised Statutes.

(2)

WAR DEPARTMENT,

OFFICE OF THE CHIEF OF Staff,

Washington, December 15, 1908. The Manual for Courts-Martial, Courts of Inquiry, and Retiring Boards, and of other Procedure under Military Law, prepared by direction of the Secretary of War for use in the Army of the United States, is approved and will be published for the information and guidance of all concerned.

By order of the Secretary of War:

J. FRANKLIN BELL, Major-General, Chief of Staff.

(3)

A MANUAL FOR COURTS-MARTIAL, COURTS OF
INQUIRY, AND RETIRING BOARDS, AND
OF OTHER PROCEDURE UNDER
MILITARY LAW.

INTRODUCTION.

MILITARY JURISDICTION.

Sec. I. MILITARY JURISDICTION is of four kinds: 1. Military Law; which is the legal system that regulates the government of the military establishment. It is a branch of the municipal law, and in the United States derives its existence from special constitutional grants of power.

2. The Law of Hostile Occupation (Military Government); that is, military power exercised by a belligerent by virtue of his occupation of an enemy's territory, over such territory and its inhabitants. This belongs to the Law of War and therefore to the Law of Nations. When a conquered territory is ceded to the conqueror, military government continues until civil government is established by the new sovereign.

3. Martial Law at Home (or, as a domestic fact); by which is meant, military power exercised in time of war, insurrection, or rebellion, in parts of the country retaining their allegiance, and over persons and things not ordinarily subjected to it.

4. Martial Law applied to the Army; that is, military power extending in time of war, insurrection, or rebellion over persons in the military service, as to obligations arising out of such emergency and not falling within the domain of military law, nor otherwise regulated by law.