Helpful References to the Articles of War.

(Extracted from M.C.M. and Guide to the Articles of War—­Waumbaugh’s Lectures.)

MILITARY LAW is the body of rules that governs members of the army.  Military Law is based upon the Articles of War approved by Congress, August 27, 1916, effective March 1, 1917.  This body of rules defines: 

      (1) Punishable offenses of members of the army.
      (2) The Method of determining guilt.
      (3) Punishment.

The present Articles of War are revisions of those from the Revolution.

ARTICLE 1.

DEFINITIONS: 

   (1) The word “officer” shall be construed to refer to a
       commissioned officer (and no one else).
   (2) The word “soldier” to include non-commissioned officer or any
       other enlisted man.

ARTICLE 2.

PERSONS SUBJECT TO MILITARY LAW: 

   (1) All officers and soldiers of the Regular Army.
   (2) All volunteers in the service of the U.S.
   (3) All other persons lawfully called, drafted or ordered into such
       service.
   (4) West Point cadets.
   (5) Officers and soldiers of the Marine Corps when detached for
       service with the army, by order of the President.
   (6) All retainers to the camp, or accompanying or serving with the
       army in time of war, both within and without territorial
       jurisdiction of U.S.
   (7) All persons under sentence by court-martial.

ARTICLES 3-18.

COURTS MARTIAL CLASSIFIED: 

(A) General Courts Martial. 
Appointed by
(1) President,
(2) Commanding officer of department or territorial division.
(3) Commanding officer of separate army division brigade.
(4) Commanding officer of district or force empowered by
President. 
Jurisdiction. 
Over all persons subject to Military Law as regards all
offenses punishable by Military Law. 
Sentence. 
Everything. 
(B) Special Courts Martials (3 to 5 officers inclusive). 
Appointed by
(1) Commanding officer of district, garrison, fort or camp.
(2) Commanding officer of brigade, detached battalion. 
Jurisdiction. 
Over any person subject to military law (except an officer),
and for any crime not capital. (Only soldiers excluding
those having certificate of eligibility for promotion.)
Sentence.
(1) No power to adjudge dishonorable discharge.
(2) No confinement in excess of six (6) months.
(3) No forfeiture of pay in excess of six (6) months. 
(C) Summary Courts Martial (one (1) officer). 
Appointed by
(1) Commanding officer of garrison, fort, camp, etc.
(2) Commanding officer of regiment, detached battalion, etc. 
(N.B.) When but one (1) officer is present