of march, or on detached duty at a considerable distance from the head-quarters of the army. This court may be eminently useful on the march of detachments from depôts or hospitals on the lines of communication of armies: such detachments are rarely attended by provost marshals; great excesses, therefore, might be committed on the people of the country with impunity, if courts could not readily be convened to receive their evidence, since in many cases it would be impracticable to convey to head-quarters inhabitants whose testimony may be essential to the ends of justice and of discipline.

CHAPTER V.

63

Of Courts Martial other than General.

DISTRICT OR GARRISON COURT MARTIAL.

Garrison Courts

A district or garrison court martial is of recent District or origin, having been first established by the mutiny Martial; act and articles of war for the year 1829. It derives its jurisdiction from the ninth clause of the mutiny act and seventy-seventh article of war. It supersedes general regimental courts martial, which had been reintroduced into the army in 1814.' It is constitution; convened by the immediate warrant or order of the officer under whose command the corps is placed, or by his delegated authority; officers in command abroad, and officers commanding districts at home, being empowered to convene district or garrison courts martial, and also, by their warrant, to authorize any officer, not under the degree of a field officer, having the command of a body of forces, (not less than four troops or companies,) to convene from time to time, and without special reference to them, such courts martial as occasion

The

(1) General regimental courts martial were held by regimental commanding officers duly empowered by warrant under the sign manual, consisted exclusively of officers of the same regiment, and were attended by a deputy judge advocate; as were also district courts martial antecedent to the articles of war for 1830. jurisdiction of these courts martial was nearly identical with that of district or garrison courts martial, except that it extended only over the soldiers of the particular regiment for which the warrant was granted, and the commanding officer was authorized to appoint himself president.

Composition;

President,

appointment,

and duties.

may require.' This court martial must consist of
at least seven commissioned officers, except in
Bermuda, the Bahamas, Saint Helena, Africa,
Jamaica, Honduras, Newfoundland, and the
Australian Colonies, where five are sufficient;
it may be composed of any officers of different
corps, of officers of the artillery, engineers,
marines and general staff; or it may be com-
posed of seven officers of the same corps. The
president is appointed by warrant or order from
the officer convening the court martial, and
cannot be under the degree of a field officer,
(unless where a field officer cannot be had; nor,
in any case whatever, the officer commanding the
district, or governor of the garrison, where the
offender shall be tried; nor the commanding
officer of the regiment to which the offender
belongs; nor under the degree of a captain:3 in
addition to the ordinary duties of president, he
is required to supply the place of an officiating
judge advocate; he must transmit the original
proceedings to the judge advocate general in
London; is to summon witnesses when so
required by the prosecutor or prisoner.

5

(1) See Warrant, Appendix No. 3. The articles of war would appear, but for the actual existence of warrants, to be conclusive as to the power conveyed by them to an officer, under whose command a corps may be placed, to hold district or garrison courts martial; he being required to "regulate the holding of courts martial within his command, delegating or withholding the power to commanding officers to convene district courts martial, as he may deem to be most expedient, or as the commander of the forces may direct."-See latter part 76 Art. War.

(2) The letter of the secretary of war, transmitting the warrant for holding district courts martial, for the year 1829, excepted from staff officers, as eligible to the duty of courts martial, the aides-decamp to the general commanding the district.

(3) See Warrant, Appendix No. 3.

(4) Mut. Act, Sec. 17.

(5) Mut. Act, Sec. 15. This provision was first introduced into the mutiny act of 1830.

President acts as
Judge Advocate.

The president was enjoined by a late secretary How far
at war, "to take care, before the court is sworn,
that the prisoner has had notice of the intention
to bring forward previous convictions in evidence
against him on his trial;' " it has since become
the custom, enforced by the new regulations,2
that the court on the trial of a soldier invariably
reopens after a finding of guilt, to inquire into
the prisoner's general character and previous
convictions. It is also now well understood
that the duty of giving notice to the prisoner
attaches to the staff or other officer, who makes
him acquainted with the charge. The president,
though acting in the place of judge advocate,
as to administering oaths, advising the court
when necessary, transmitting proceedings, and
summoning witnesses, when required thereto by
the prosecutor or prisoner, cannot be intended
to act as judge advocate in all respects; as he
can neither interfere with the charge or with
evidence out of court, nor give an opinion,
except in his judicial capacity, as to the wording
and propriety of the one, or the arrangement
and sufficiency of the other; such interference
would be quite incompatib'e with the office of
judge, and is forbidden by the most obvious
dictates of justice. The president of an inferior
court martial has always, in some sense, stood
in the place of an officiating judge advocate;
and to such extent, and in the additional points
particularized, is the president of a district court
martial required to act as judge advocate; but
not, it is imagined, further. The oaths, which

(1) Circular, No. 658, War-Office, 24th March, 1830.
(2) Page 246.-See post, under Previous Convictions.

F

Jurisdiction of
Garrison Court

Martial;

Power of punishing.

Additional punishments.

are the same for members of all courts martial, are administered by the president to the members, and by any sworn member to the president.'

The jurisdiction of a district court martial as to the cognizance of crime, which it possesses in common with general courts martial, has been noticed when referring to the general jurisdiction of courts martial over offences. It differs from a general court martial as not being competent to entertain a charge against a commissioned officer, or to try general court martial offences,3 except by order of the superior officer; and death, transportation and general service cannot, in any case, be adjudged by it.

A district or garrison court martial may award Corporal punishment not exceeding one hundred and fifty lashes; Imprisonment to any extent, with or without hard labour; and Solitary confinement, under the same limitations as a general court martial, in any public prison or other place which the court, or the officer commanding the regiment or corps to which the offender belongs or is attached, shall appoint." "But it is very desirable that these punishments should not be extended too far: two months solitary confinement should be considered sufficient in most cases, and six months imprisonment, with hard labour, equally so."7

As additional punishments, Forfeiture of all claim to pension on discharge, and of all additional

(1) Mut. Act, Sec. 15. 90 Art. War.
(3) Detailed, page 55.

(4) 77 Art. War.

Index.

(5) See page 53.

(2) Pages 56, 57.

See Limitation as to corporal punishment.—

(6) Mut. Act, Sec. 9. 77 Art. War.

(7) Gen. Reg. p. 249.