MILITARY

Pertaining to war or to the army; concerned with war. Also the whole body of soldiers; an army. Military bounty land. See Bounty. Military causes. In English law. Causes of action or injuries cognizable in the court military, or court of chivalry. 3 Bl. Comm. 103. Military commissions. Courts whose procedure and composition are modeled upon courts martial, being the tribunals by which alleged violations of martial law are tried and determined. The membership of such commissions is commonly made up of civilians and army officers. They are probably not known outside of the United States, and were first used bv General Scott during the Mexican war. 15 Amer. & Eng. Enc. Law, 473Military courts. In England the court of chivalry and courts martial, in America courts martial and courts of inquiry, are called by this general name.Military feuds. See Feud.Military government. The dominion exercised by a general over a conquered state or province. It is a mere application or extension of the force by which the conquest was effected, to the end of keeping the vanquished in subjection; and being derived from war, is incompatible with a state of peace. Com. v. Shortall, 206 Pa. 165, 55 Atl. 952, 65 L. R. A. 193, 98 Am. St Rep. 759.Military jurisdiction. “There are, under the constitution, three kinds of military jurisdiction,one to be exercised both in peace and war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or insurrection within the limits of the United States, or during rebellion within the limits of states maintaining adhesion to the national government, when the public danger requires its exercise. The first of these may be called ‘jurisdiction under military law,’ and is found in acts of congress prescribing rules and articles of war, or otherwise providing for the government of the national forces; the second may be distinguished as ‘military government,’ superseding, as far as may be deemed expedient, the local law, and exercised by the military commander under the direction of the president, with the express or implied sanction of congress;. while the third may be denominated ‘martial law proper,’ and is called into action by congress, or temporarily, when the action of congress cannot be invited, and in the case of justifying or excusing peril, by the president, in times of insurrection or invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights.” Per Chase, C. J., in Ex parte Milligan, 4 Wall. 141, 18 L. Ed. 281.Military law. A system of regulations for the government of an army. 1 Kent, Comm. 341, note. That branch of the laws which respects military discipline and the government of persons employed in the military service. De Hart. Mil. Law, 16. State v. Rankin, 4 Cold. (Tenn.) 156; Johnson v. Jones, 44 111. 153, 92 Am. Dec. 159; In re Bogart, 3 Fed. Cas. 801; Neall v. U. S., 118 Fed. 704, 56 C. C. A. 31.Military offenses. Those offenses which are cognizable by the courts military, as insubordination, sleeping on guard, desertion, etc.Military state. The soldiery of the kingdom of Great Britain. Military tenures. The various tenures by knight service, grand serjeanty, cornage, etc., are frequently called “military tenures, from the nature of the services which they involved. 1 Steph. Comm. 204. Military testament. See Testament.