Courts—martial are divided into two classes: General Courts, for the trial of officers, and of the higher grades of offences; and Regimental or Garrison Courts, for the consideration of less important cases in a regiment or garrison. General courts vary in the number of members: they must be composed of not less than five, and of never more than thirteen. Regimental or garrison courts are never composed of more than three members. For general courts, only, a judge-advocate is appointed to conduct the prosecution for the United States.
The offences against military law are determined by the “Rules and Articles of War,” in which the principal offences are distinctly set forth and forbidden; and, that unanticipated misconduct may not be without cognizance and punishment, the ninety-ninth article includes all such cases under the charge of “conduct to the prejudice of good order and military discipline,” which is of universal scope.
The punishments are also set forth in the Articles of War. Those prescribed for officers include death,—cashiering,[A]—cashiering, with a clause disabling the officer from ever holding any office under the United States,—dismissal,—suspension from rank and pay,—reprimand. For soldiers the principal punishments are death,—confinement,—confinement on bread-and-water diet,—solitary confinement,—forfeiture of pay and allowances,—discharges.
[Footnote A: Cashiering implies something infamous in the British service; and although it has been attempted to make no distinction between cashiering and dismissing in our service, something of the opprobrium still attaches to the former punishment.]
The conduct of the trial, the duties of all persons concerned, members, judge-advocate, prisoner, witnesses, counsel, etc., are given in detail, and will be very easily learned. Forms of orders for convening courts-martial, modes of recording the proceedings, the form of a general order confirming or disapproving the proceedings, the form of the judge-advocate’s certificate, and the forms of charges and specifications under different articles of war, are given in the Appendix, and are used verbatim by all judge-advocates and recorders. There are also explanations of the duties of courts of inquiry, and of boards for retiring disabled officers; and extracts from the Acts of Congress bearing upon military law. The Articles of War are also given for reference. The book is thus rendered complete as a manual for the conduct of courts-martial, from the original order to the execution of the sentence.
From what has been said, it will be gathered that the work was needed, that it admirably supplies the need, and that it may be recommended, without qualification, as providing all the information which it purports to provide, and which could be demanded of it, in a lucid, systematic, and simple manner. It is an octavo volume, containing 377 pages, clearly printed in large type, and on excellent paper; the binding is serviceable, being in strong buff leather, like other law-books.