A Treatise on Military Law and the Practice of Courts-martial |
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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 confined constitution convened conviction court of inquiry crime criminal cross-examination decision declarations defence dence discretion duty dying declarations enlisted examination execution facts garrison give evidence guilty indictment inflicted judge advocate judgment jurisdiction jury justice martial law 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 received 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
Popular passages
Page 365 - I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental reservation or purpose of evasion ; and that I will well and faithfully discharge the duties o,f the office on which I am about to enter, so help me God...
Page 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...
Page 253 - Now 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 No. 17. — Bex v. Woodcock, 1 Leach CC 502-504. considerations to speak the truth.
Page 375 - All persons who, in time of war, or of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies, in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be triable by a general court-martial, or by a military commission, and shall, on conviction thereof, suffer death.
Page 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...
Page 127 - ... disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.
Page 372 - ... any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing or other property so used or to be used, shall make or deliver the same to any other person without a full knowledge of the truth of the facts stated therein and with intent to defraud the United States...
Page 349 - If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.
Page 338 - ... before his term of service has expired, except by order of the President, the Secretary of War, the commanding officer of a department, or by sentence of a general court-martial.
Page 338 - I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America, and 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.