There are two marked characteristics of courts martial. First, the accused is tried, not as in a civil court by his peers, but by his superiors. Second, there is no distinction between judge and jury; the officers comprising the court act in both capacities—they determine the fact and apply the law. Sentence is by majority vote, except that to pronounce sentence of death a two-thirds vote is necessary.
For convenience, one of the officers is designated to act as president by the order convening the court. As prosecutor in the case, and also as the responsible adviser of the court, a judge-advocate is appointed, usually by the same order. The accused is entitled to counsel; but if he is unable to obtain any, the judge-advocate "must insist upon all rights belonging to the accused under the law and the evidence."
The "findings" of a court martial must in each case be transmitted to the convening authority and by it be approved, before being carried into execution. "In time of peace, no sentence of a court martial involving loss of life or the dismissal of a commissioned officer, and either in time of peace or war no sentence against a general officer, can be carried into effect without approval by the president of the United States."
The jurisdiction of courts martial extend only over offenses committed by persons enlisted in the military or the naval service of the country.
WHY AND HOW TERRITORIES ARE ORGANIZED.
The organization of territories in the United States is for two purposes: to provide good government while population is sparse, and to encourage their development into self-governing commonwealths, and their incorporation into the federal system as rapidly as possible. (See page 217.)
Territories are organized by congress. In the organic act the boundaries of the territory are defined, and a system of government is established. "The governor and the administrative and judicial officers are appointed by the president, but a territorial legislature is entrusted with limited powers, subject to the approval of congress."
Each of the several territories may elect one delegate to a seat in the United States Congress. The delegate may speak on subjects in which his territory is interested, but he cannot vote.
WHY AND HOW THE PUBLIC LANDS ARE SURVEYED.
The public lands are not meant to be held forever by the general government. They are designed to be owned and occupied by American citizens. To divide the land into pieces and thus to facilitate the description and the location of any piece, is the principal purpose of the survey. Incidentally the portions six miles square serve as bases for the political divisions called towns, and this was part of the original plan.