Judge-Advocate

An individual appointed to officiate as public prosecutor upon every general court-martial for the trial of officers and soldiers accused of a breach of the Articles of War, general regulations, or any conduct prejudicial to good order and discipline. He is appointed by the officer authorized to a emble a general court-martial, and must be relieved by the same authority. His duties are various and important (see De Hart’s “Military Law,” Benét on “Courts-Martial,” and Scott’s “Analytical Digest of Military Law,” on duties, etc., of judge-advocate); he must be present at the court for which he is appointed, not only to record all its proceedings, but also in order to impart validity to its jurisdiction. He advises the court on points of law, of custom, and of form, and invites their attention to any deviation therefrom. If any question of law arises out of the proceedings, and he is called upon for his opinion, he is bound to give it. It is his duty to take care that the accused does not suffer from a want of knowledge of the law, or from a deficiency of experience or ability to solicit from witne es, or develop by the testimony on the trial, a full statement of the facts of the case as hearing on the defense. If the court, or a member thereof, should deviate from the letter of the law, or a ume a power at variance with it, the judge-advocate is bound to point out the error, which should become a part of the record. It is now admitted that the custom of appointing persons from civil life to officiate as judge-advocate is clearly objectionable. It creates a ministerial officer without legal responsibilities, and nece arily commits to his hands high interests of the government, and to some extent the rights and reputation of individuals, to be treated and observed without any stronger guaranty of fidelity than his own sense or impre ion of moral obligation. In the important duties of the judge-advocate as recorder, adviser, and prosecutor, the utmost deference to the dignity of the court should be apparent; a delicate courtesy and modest demeanor should be characteristic of his addre , while his argument may be replete with all the vigor and energy which knowledge imparts and which truth demands.