For general courts, only, a
judge-advocate is appointed to conduct the prosecution for the United
States.
The offences against military law are determined by the "Rules and
Articles of War," in which the principal offences are distinctly set
forth and forbidden; and, that unanticipated misconduct may not be
without cognizance and punishment, the _ninety-ninth_ article includes
all such cases under the charge of "conduct to the prejudice of good
order and military discipline," which is of universal scope.
The punishments are also set forth in the Articles of War. Those
prescribed for officers include death,--cashiering,[A]--cashiering,
with a clause disabling the officer from ever holding any office
under the United States,--dismissal,--suspension from rank and
pay,--reprimand. For soldiers the principal punishments are
death,--confinement,--confinement on bread-and-water diet,--solitary
confinement,--forfeiture of pay and allowances,--discharges.
[Footnote A: Cashiering implies something infamous in the British
service; and although it has been attempted to make no distinction
between cashiering and dismissing in our service, something of the
opprobrium still attaches to the former punishment.
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