CHAPTER VIII.

A MILITARY COMMISSION--ITS NATURE, CONSTITUTION, DUTIES, AND

JURISDICTION.

A military commission, as we have seen, is a judicial tribunal

authorized by and constituted under the laws of war during a state

of war. It consists of a definite number of commissioned officers

designated by the order of detail. Its jurisdiction is limited, and

its duties are also prescribed by that order. It is a military court

detailed to try offenders against the laws of war, and clothed with

power to decide both on the law and evidence in the case, and to

prescribe the punishment due to the offense. It is constituted to act

under a presiding officer, who is also designated in the order of

detail. It has the assistance of a judge advocate with whom it consults

in regard to any questions of law or of evidence that may arise.

The office of a judge advocate does not exactly correspond with that

of a states attorney in a civil court, for at the same time that it is

his duty to see that the case of the government and the evidence are

fairly presented, it is as much his duty to see that the accused shall

have a fair and impartial trial. The party on trial has the right to

have counsel of his own choice, and the government must secure the

attendance of such witnesses in his defense as he may designate. The

rules of law and of evidence are very nearly the same as those which

prevail in the civil courts. A military commission combines, to a great

extent, the functions of both court and jury, as it has to decide on

questions of law and evidence as a court, and on the guilt or innocence

of the accused, in the light of law and evidence, as a jury. Again, in

rendering a sentence, in case of conviction, it exercises the functions

of a court. The oath taken by the members of the detail, and which

constitutes it a court, requires them to diligently try the case and

judge and decide impartially, according to the law and evidence. Thus

it will be seen that the rights of the accused are carefully guarded,

and every precaution taken to make it certain that justice shall be

done. This is the purpose as much in the constitution of a military as

of a civil court. The only object of its constitution is to protect the

innocent and condemn and punish the guilty, and thus secure the ends

of justice and mercy. It is a benign provision of military law, and

entitled to the highest respect and honor. Its decisions and sentences,

however, must have the approval of the President of the United States

to give them validity.

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