Military Law.—The citizen, under normal conditions, is subject only to the law of the land. But the soldier (and this term includes officers) is subject not only to the ordinary laws but to a special code of military law the provisions of which are embodied in the Articles of War and are administered by courts-martial. The Articles of War are enacted by Congress, and anyone entering the army, whether as a commissioned officer or an enlisted man, becomes subject to their provisions both in time of war and in time of peace. These articles deal with such matters as desertion, disobedience of orders, neglect of duty, absence without leave, the wrongful use of military equipment, and kindred military offences.
Courts-martial.
Military law is not enforced by the ordinary courts but by special courts known as courts-martial, which are composed of army officers.[[276]] Punishment may be inflicted in the form of dishonorable discharge from the army, or imprisonment—even the death penalty may be imposed in extreme cases during war. The accused person has the right to have his own counsel and the customary rules of evidence are followed, as in the civil courts.
What martial law implies.
Martial Law.—Military law and martial law are often confused with each other, but they are in fact wholly different. Martial law is the entire legal administration which is applied to any area of conflict or insurrection by order of Congress, or by the President in case such action is urgently needed before action by Congress can be taken. It is not proclaimed except in case of invasion, insurrection, or civil or foreign war, and then only in districts where the ordinary laws and courts prove themselves unable to secure the public safety.
Its effects.
When martial law is proclaimed in any district the ordinary laws cease to function there. The orders of the commanding military officer take the place of the laws. Special military tribunals are usually appointed to enforce these orders; but if practicable, the ordinary courts may be retained. Martial law applies to everybody within the district, soldiers and civilians alike. The commanding officer issues his orders and, whatever they are, they must be implicitly obeyed. He may order, for example, that there shall be no public gatherings, no traffic in the streets after nightfall, and no keeping of weapons in private houses. He may require every inhabitant to carry a pass signed by the military authorities. There is no definite code of martial law; the will of the commanding officer is supreme so long as the citizen is not deprived of his rights as guaranteed by the constitution of the United States. This constitution, however, is the supreme law of the land and not even the army can disregard it. Martial law is never proclaimed except in urgent circumstances when it appears to be the only way of securing public order and protecting property. During the Civil War it was administered in some sections of the South which were occupied by the Northern armies.[[277]]
The Navy.—The navy is commonly called the “first line” of the national defence inasmuch as the most vulnerable boundaries of the United States extend along two great seacoasts.[[278]] Like the army its organization is under the jurisdiction of Congress, which appropriates the money for its maintenance; but the President is also the commander-in-chief of the navy and is responsible for directing its operations. In this he is assisted by the Secretary of the Navy who in turn is advised by a staff of naval officers. Men are enlisted in the navy, and officers are commissioned as in the army, but with different ratings and ranks. |Administration of the navy.| The navy also has its code corresponding to the Articles of War and its system of courts-martial. The Marine Corps, which in organization, drill, and discipline, is really a military organization, comes under the control of the Secretary of the Navy because it is primarily intended to furnish a landing force after attack. The marine, as Kipling says, is “a soldier and sailor too”. In connection with the work of the navy mention should also be made of the coast defences which are located at points where they may serve to protect the commercial seaports. These consist of concealed land batteries, floating batteries, channels guarded by mines, submarines, and naval airplanes.
The history of the issue.
The Problem of Disarmament.—Is there any reasonable ground for the hope that the burden of maintaining an army and navy may be reduced at some time in the near future? Proposals for a general disarmament by international agreement have been put forth at various times for a hundred years or more. Following the long Napoleonic Wars which exhausted the chief countries of Europe, the Czar of Russia suggested that the nations should agree to place a limit upon their respective armaments. But nothing came of this proposal, and although the question of disarmament was discussed during the next three-quarters of a century in unofficial circles no concrete plan for an international conference on the matter was formulated until 1898, when Russia once more brought to the attention of the other European powers the urgent desirability of considering some effective measures for disarmament.