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.