Military

See Maetial; Militia; War. Pertaining to soldiers in war, or to war; relating to the army. Military bounty-lands. See Bounty. Military cause. A cause arising out of the military law. Military court or tribunal. A court for the administration of the military law; a court-martial. A military tribunal exists under the Constitution in time of war. Should Congress fail to create such tribunals, they must be constituted and proceed according to the laws and usages of civilized warfare. In time of peace they may exist only under the power in Congress " To make Eules for the Government and Eegulation of the land and naval Forces." " See Judge- ABTOOATE. Civil courts have no authority to review, or in any manner interfere with, the action of military tribunals regularly engaged in the exercise of their appropriate jurisdiction. Thus, the civil com'ts cannot discharge a minor, who enlisted in the army in violation of Rev. St. § 1117, who is in custody, awaiting trial before a court-martial, upon a charge of deseftion.^ Military government or 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 outside the boundaries of the United States, or in time of rebellion and, civil war within the 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, which may be. called jurisdiction under " military law," is found in acts of Congress prescribing rules and articles of war, or otherwise providing for the government of the national forces; the second, which may be distinguished as "military government," supersedes, as far as may be deemed expedient, the local law, and is exercised by the military commander under the direction of the President, with the express or implied sanction of Congress; while the third, which may be denominated "martial law" proper, is called into action by Congress, or tempora- ' Be Crittenden, 2 Flip. 213 (1878). ' Military Commissions, 11 Op. Att-Gen. 298 rily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within districts where ordinary law no longer adequately secures public safety and private rights.* Military law. Regulations for the government of persons eniployed in the army; the law applicable to military service and affairs. The body of the military law of the United States is contained in the " Act establishing rules and articles for the government of the ' armies of the United States," approved April 30, 1806, with supplements thereto. The first section of the act contains one hundred and one articles (whence called " the articles of war"); it describes the various offenses, the punishments to be infiicted, and the manner of summoning, as well as the organization of courts-martial.'' There are also various usages which constitute an unwritten law, for application to cases in which there are no express provisions.' See Martial, Law.

Military offenses

The common-law distinction between felonies and misdemeanors does not apply to military offenses. A homicide committed by a military guard, without malice, while performing his supposed duty, is excusable, unless manifestly beyond the scope of his authority, or such that a man of ordinary sense would know was illegal. The circuit courts have jurisdiction of a homicide committed.within a military reservation.* Military pest or station. See Station. Military service. Employment in the army or in matters connected with war.s Military tenures. See Feud. Military testament. The will of a soldier in service.

See Will, 2 Nuncupative.