Proceedings and Report of Special War Department Board on Courts-Martial and Their Procedure
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Produktbeschreibung
Excerpt from Proceedings and Report of Special War Department Board on Courts-Martial and Their Procedure: July 17, 1919 And if courts-martial have, as the chief purpose of their existence, the nice exemplification of technical rules of law. this basic change is logical. But if the real purpose of the court-martial is to enable commanders to insure discipline in their forces, it may be questioned if this end will be better served by taking the working of this agency out of the hands of those who, as soldiers, know much of discipline and something of military law, and putting it into the hands of those who as lawyers know much of law but little of soldiering, or of the discipline indispensable to successful soldiering. It may be useful at this point to consider the real nature of command with special reference to the fundamental doctrine that the constitutional authority of the President as Commander in Chief can not be abridged by Congress in the exercise of its power to make rules for the government of our armies. Does the authority or right to command presuppose the existence of the organized Army machine fit and ready to carry out the word of command but brought into being, trained and maintained in fit condition for its work by agencies independent of him in whom command is vested? Does command imply only that the commander may express his will for the use of the force to that force, and that the latter thereupon legally bound to carry out the order? Or, does command embrace and imply, and has it always embraced and implied, not merely the right to direct the use of the force, but the duty and authority to make and maintain the force fit and suitable to its purpose by instruction, by training, and by discipline? Is it practicable, if good results are to be expected, to divorce the command of armies from their training and discipline, to repose command in one set of men while placing in other and independent hands the creation and maintenance of that spirit of discipline which must prevail if command is to be lifted from the domain of futility to that of effectiveness? The rules governing armies had their beginnings, not in legislative bodies, but in commanders whether called kings or chiefs or generals, and in early times those who formulated the rules carried them out. With the evolution of governments the right of prescribing the most important or fundamental rules has lodged in legislative bodies, but the execution of those rules, their practical administration, has heretofore been left to commanders and their assistants down through the hierarchy of command to the very bottom. Courts-martial have always been agencies for creating and maintaining the discipline of armies, and in earlier times, and certainly until the adoption of our Constitution, were provided and administered by commanders as of inherent right. The King of England had and exercised this inherent right. The Continental Congress took over some of the duties of government in the rebellious colonies, but Washington as Commander in Chief appointed courts-martial as of right inherent in that office without the express authority of that Congress. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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