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Military Tribunals and their Jurisdiction1

Published online by Cambridge University Press:  04 May 2017

Henry Wager Halleck
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Extract

The early Romans had their præfecti prætorio, or military judges, afterwards replaced by magistri militum, who exercised a jurisdiction somewhat corresponding to modern courts-martial and military commissions. It is true that there has been much dispute in regard to the exact limits of this jurisdiction, as conferred by the laws which have been handed down to us, yet its general outlines have been pretty well agreed upon.

Type
Research Article
Information
American Journal of International Law , Volume 5 , Issue 4 , October 1911 , pp. 958 - 967
Copyright
Copyright © American Society of International Law 1911

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Footnotes

1

The foregoing was found among the papers of General Halleck at his death, which occurred at Louisville, Kentucky, on January 9, 1872. The article is in the general’s handwriting and was prepared probably in the latter part of the year 1864, its preparation having been suggested by the number of wrongful acts committed in the Northern States, at a considerable distance from the theatre of war, by persons having no direct connection with the military service. Although these acts had not been given the character of criminal offenses by acts of Congressional legislation, they were none the less subversive of public order and in the highest injurious to public safety.

The paper has value as expressing the views of one of the ablest and most experienced lawyers in the service of the Government in respect to the embarrassing conditions which confronted the administration of President Lincoln during the latter part of the year 1864.

References

1 The foregoing was found among the papers of General Halleck at his death, which occurred at Louisville, Kentucky, on January 9, 1872. The article is in the general’s handwriting and was prepared probably in the latter part of the year 1864, its preparation having been suggested by the number of wrongful acts committed in the Northern States, at a considerable distance from the theatre of war, by persons having no direct connection with the military service. Although these acts had not been given the character of criminal offenses by acts of Congressional legislation, they were none the less subversive of public order and in the highest injurious to public safety.

The paper has value as expressing the views of one of the ablest and most experienced lawyers in the service of the Government in respect to the embarrassing conditions which confronted the administration of President Lincoln during the latter part of the year 1864.