A Treatise on Military Law and the Practice of Courts-martialD. Van Nostrand, 1862 - 377 من الصفحات |
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الصفحة 3
... War Department since the establish- ment of the office of Judge Advocate of the Army ; and to the many elaborate opinions by the Attorneys General , on points of law requiring legal interpretation . These decisions and opin- ions ...
... War Department since the establish- ment of the office of Judge Advocate of the Army ; and to the many elaborate opinions by the Attorneys General , on points of law requiring legal interpretation . These decisions and opin- ions ...
الصفحة 8
... War . The Congress has exer- cised that power in the enactment of the law of ... war , the general regulations of the army , and by the orders of the President ... department , and he is hereby author- ized to prepare general regulations ...
... War . The Congress has exer- cised that power in the enactment of the law of ... war , the general regulations of the army , and by the orders of the President ... department , and he is hereby author- ized to prepare general regulations ...
الصفحة 16
... war military offences , and are to be tried by a military tribunal , even in places where civil tribunals exist . * * G. O. , No. 1. Head - quarters , department of Missouri , January 1st , 1862 . CHAPTER II . CONSTITUTION AND ...
... war military offences , and are to be tried by a military tribunal , even in places where civil tribunals exist . * * G. O. , No. 1. Head - quarters , department of Missouri , January 1st , 1862 . CHAPTER II . CONSTITUTION AND ...
الصفحة 17
... war , certain officers , therein specified , are empowered to convene general , regimental , and gar . rison courts ... department , * and in time of war by a com- mander of a division or separate brigade . This , of course , includes ...
... war , certain officers , therein specified , are empowered to convene general , regimental , and gar . rison courts ... department , * and in time of war by a com- mander of a division or separate brigade . This , of course , includes ...
الصفحة 19
... war department as being , in legal contempla- tion , the act of the President . " The practice of the heads of departments conforms to this theory . They daily issue in their names , orders emanating from the President , and although it ...
... war department as being , in legal contempla- tion , the act of the President . " The practice of the heads of departments conforms to this theory . They daily issue in their names , orders emanating from the President , and although it ...
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عبارات ومصطلحات مألوفة
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
مقاطع مشهورة
الصفحة 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...
الصفحة 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...
الصفحة 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.
الصفحة 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.
الصفحة 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...
الصفحة 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.
الصفحة 100 - V provides that no person shall " be subject for the same offence to be twice put in jeopardy of life or limb...
الصفحة 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.
الصفحة 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...