Military

Pertaining to war or to the army; concerned with war. The word is quite generally used in antithesis to naval; yet in many of its applications the navy, so far as that branch is a means of war, may be deemed included.

Military-bounty land

In the United States, bounties have by several laws been granted to soldiers for services in the army, payable not in money, but in a certain quantity of the public land. Lands designated for the satisfaction of these grants, or taken up in discharge of these claims, are termed military-bounty lands; and the warrant issued to the soldier, by locating which he obtains his land, is called a military- Military cause. A cause or controversy arising out of the law governing the army, or out of the laws of war, and so cognizable within a class of courts charged with the administration of those laws. In England, military causes are, by Stat. 13 Rich. II. ch. 2, passed in 1389, declared to be such causes as relate to contracts touching deeds of arms and of war, as well out of the realm as within it, which cannot be determined or discussed by the common law. Mozley §• W. Military court, or tribunsJ. One of the courts which have cognizance of controversies and offences arising under militai-y law; in this country these are chiefly courts-martial. The term military courts, in English usage, includes, 1. The court of chivalry, whicli was a court of honor, and is now practically obsolete; 2. Courts-martial, having jurisdiction to try and to punisli offences committed against the articles of war and the mutiny acts; 3. The courts which, under the name of courts-martial, execute martial law upon offenders in time of war. Mozley ^ W. The only military court known to, and established by, the permanent laws of the land is the court of chivalry, formerly held before the lord high constable and earl marshal of England jointly; but since the attainder of Stafford, Duke of Buckingham, under Henry VIII., and the consequent extinguishment of the office of lord high constable, it lias usually, with respect to civil matters, been hold en before the earl marshal only. Jacob. A military tribunal exists under and according to the constitution in time of war. Congress may prescribe how all such tribunals are to be constituted, what shall be their jurisdiction and mode of procedure. Should congress fail to create such tribunals, then, under the constitution, they must be constituted according to the laws and usages of civilized warfare. They may take cognizance of such offences as the laws of war permit; they must proceed according to the customary usages of such tribunals in time of war, and inflict such punishments as are sanctioned by the practice of civilized nations in time of war. In time of peace, neither congress nor the military can create any military tribunals, except such as are made in pursuance of that clause of the constitution which gives to congress the power " to make rules for the government of the land and naval forces." In time of war their power is more extensive.

11 Op. Att.-Gen. 297.

Military feud

In old English law, the original estates of a feudal nature, strictly military sei-vice, were distinguished as military feuds.

Military forces

The regular standing army and the militia, taken together.

Military jurisdiction

There are, under the constitution, three kinds of military jurisdiction; one to be exercised both in peace and war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or insurrection within the limits of the United States, or during rebellion within the limits of states maintaining adhesion to the national government, when the public danger requires its exercise. The first of these may be called jurisdiction under military law, and is found in acts of congress prescribing rules and articles of war, or otherwise providing for the government of the national forces; the second may be distinguished as mi Utary government, superseding, as far as may be deemed expedient, the local law, and exercised by the mi Utary commander, under the direction of the president, with the express or implied sanction of congress; while the third may be denominated martial law proper, and is called into action by congress, or temporarily, when the action of congress cannot be invited, and in the case of justifying or excusing peril, by the president, in times of insurrection and invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights. Per four justices in Exp. MUligan, 4 Wall. 2, 141.

Military law

That system of statutes, regulations, and principles by which the army and its persons and affairs (also, to some extent, those of the navy) are governed; that branch of the laws which applies to military service and duties. Military and martial law must be distinguished. Martial law is the temporary control and government exercised over all classes of persons by the military forces while they supersede civil administration. Military law is a permanent branch of the general laws of the land, limited in its application to persons and affairs connected with war.

Military offence

A crime under the laws or articles of war, or punishable violation of the laws regulating the army. connected with war or preparations for offence or defence. The statutory exemption of property of " soldiers in actual military service " from attachment does not extend to persons in the naval service.

Abrahams v. Bartlet, 18 Iowa, 513.

A contractor with the government to transport from port to port, remote from any seat of war, stores and supplies not forming any portion of the stores or supplies of an advancing or retreating army, is not a person "in the mihtary service of the United States," within the act of March 3, 1849, " to provide for the payment of horses and other property lost " in that service.

Stuart V. United States, 18 Wall. 84.

Military tenure

The tenures by knight-service, grand serjeanty, and cornage, were so styled in old English law. They were all abolished, in 1660, by Stat. 12 Car. II. ch. 24, except the honorary services of grand serjeanty.

2 Bl. Com. 59-77; 1 Suph. Com. 181-205.

Military testament

A term sometimes applied to a wiU allowed to be made by a soldier in service, without observance of forms ordinarily prescribed;. a nuncupative will of a soldier.