tions, drills, school, or other military duties and to assist in policing in and around their barracks. Privates in confinement awaiting trial will not be sent to work with prisoners undergoing sentence if it can be avoided; but may, in the discretion of the commanding officer, be required to attend drills, or be sent to work during the usual working hours under charge of a special sentinel.1

7. Except as provided in the 24th Article of War or when restraint is necessary, no soldier will be confined without the order of an officer, who shall previously inquire into his offense. Confinement without trial as a punishment for an offense is forbidden. An officer authorizing the arrest or confinement of a soldier will, as soon as practicable, report the fact to his company or detachment commander.2

Sec. III. GENERAL PROVISIONS RELATING TO THE ARREST OF OFFICERS AND SOLDIERS.

*

*

1. "No officer commanding a guard shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the forces of the United States; provided the officer committing shall, at the same time, deliver an account in writing, signed by himself, of the crime charged against the prisoner."3 "Every officer to whose charge a prisoner is committed shall, within twenty-four hours after such commitment, or as soon as he is relieved from his guard, report in writing,* to the commanding officer, the name of such prisoner, the crime charged against him, and the name of the officer committing him.”5

2. "All persons under guard without written charges 6 will be released by the old officer of the day at guard

1 Par. 907, A. R.

2 Ib., 905 and 906.

367th A. W.

4 This report is usually written in the "Guard Report Book," and presented to the commanding officer by the old officer of the day at guard mounting.

568th A. W.

"Charges are usually handed to the old officer of the day at guard mounting; or in serious cases, he is notified that charges will be turned in to the commanding officer as soon as they can be made out.

mounting, unless specific orders to the contrary have been given in each case by the commanding officer." No officer or soldier put in arrest or confinement will be so restrained more than eight days, or until such time as a court-martial can be assembled.2

3. On the march, field and regimental staff officers, and regimental noncommissioned staff officers, in arrest, will follow in rear of their respective regiments; medical officers, hospital stewards, privates of the hospital corps, and post noncommissioned staff officers, in rear of the commands to which they belong; company officers, noncommissioned officers, and privates in rear of their respective companies; and all persons in confinement, with and under charge of the guards of their respective commands, unless otherwise specially directed.3

1 Par. 908, A. R.

270th A. W.

3 Par 902, A. R.

COURTS-MARTIAL.

COMPOSITION.

1. COURTS-MARTIAL are composed of commissioned officers only. All officers of the Regular Army, except those on the retired list and professors of the U. S. Military Academy, are eligible for detail for the trial of offenders belonging to the Regular Army;2 but no officer will be detailed for the trial of an officer superior to himself in rank when it can be avoided.3

2. Officers of the Regular Army and of the Marine Corps, detached for service with the Army by order of the President, may be associated together for the trial of offenders belonging to either of these bodies. In like manner regular officers holding volunteer commissions may be associated with volunteer officers for the trial of volunteers. But with these exceptions officers of the Regular Army are not competent to sit on courts for the trial of offenders belonging to other forces.5

3. Officers of volunteers and of the militia, when the latter are called into the service of the United States, are competent to act as members of courts for the trial of regular officers or soldiers. Militia officers are also competent to sit upon courts for the trial of volunteers. But courts-martial for the trial of militia must be composed of militia officers only.

4. In the U. S. military service, the following-named courts-martial are authorized: 1st, the "General Court

1 Sec. 1259, R. S.

2 An acting assistant surgeon," being a civilian, is not eligible, and chaplains are not so detailed in practice.

379th A. W.

478th A. W.

577th A. W.

6 Sec. 1658, R. S.

4644-1*

9

martial;" 2d, the "Summary Court;" 3d, the "Fieldofficer's Court;" 4th, the "Garrison Court-martial;" 5th, the "Regimental Court-martial."

5. The General Court-martial, being the most important, will be first considered-the others, ordinarily called "Inferior Courts-martial," in the order named. But, as all courts-martial have much in common in regard to their jurisdiction, procedure, punishment, etc., the text may, as a rule, be regarded as apposite to all, unless the general court is specially mentioned. Exceptions in regard to jurisdiction, etc., will be made as each inferior court is considered.

6. A General Court-martial may consist of any number of members from five to thirteen, inclusive, and a judgeadvocate; but of not less than thirteen members when this number can be convened without manifest injury to the service. When, in the course of a trial, the court is reduced in number by reason of absence, challenge, or the relieving of members, it may proceed with business so long as five members remain. When from any cause a general court is reduced below the minimum, five, the remaining members should direct the judge-advocate to report the fact to the convening authority, and await further orders. In such a case, if the trial has not been entered upon, new members may be added; but if any testimony has been taken, the court had best be dissolved and a new one ordered.2

CONSTITUTION.

1. The President is empowered to institute general courts-martial-1st, as Commander in chief of the Army, under the Constitution; 2d, in the special contingency mentioned in the next paragraph; 3d, in the particular cases provided for by section 1230, Revised Statutes.

175th A. W. "A decision of the appointing authority as to the number that can be assembled without injury to the service is conclusive." (Par. 917, A. R.)

2 For form of order for general court, see page 119, infra.

2. Any general officer commanding an army, a territorial division, or a department, or colonel commanding a separate department, may appoint a general court-mar tial whenever necessary. But when any such commander is the accuser or prosecutor of any officer under his command the court must be appointed by the President. In time of war this power is extended to the commander of a tactical division or of a separate brigade; but in this case when such commander is the accuser of any person under his command the court must be appointed by the next higher commander.3

3. The Superintendent of the U. S. Military Academy has power to convene general courts-martial for the trial of cadets, subject to the conditions just stated regarding other general courts.1

4. The officer who appoints a court-martial-general, garrison, or regimental-may dissolve it, and control its existence, but not the subject-matter of its deliberations. In the absence of special orders or legislation to that effect, personal presence within the territorial limits of his department is not essential to the validity of commands given by a department commander to be executed within such limits, such, for instance, as the appointment of a court-martial.

JURISDICTION.

Sec. I. Courts-martial derive their existence solely from acts of Congress, and their jurisdiction is limited to the purpose of the maintenance of military discipline. Their decisions, within their jurisdiction, are not reviewable by any courts whatever. The 30th Article of War relates to an exceptional procedure, not necessary to consider in this connection.

1 See par. 4, this article.

2 72d A. W. As to when a commander is "the accnser or pros ecutor," see Digest, Opin. J. A. G., p. 82.

3 73d A. W.

4 Sec. 1326, R. S.

5 See authorities cited in note 1, page 313, Digest, Opin. J. A. G.