Thomas Wilhelm

“ Need and the national thirst for adventure and for strife drove forth from the thickening population, down upon the sunnier, richer, weaker South, swarms of vikings,—i.e. warriors,—who scourged the coasts of England, Germany, and France, pressed with their small, sharp, open vessels up the narrowest streams, burned, slew, and plundered, and sailed away laden with booty and with slaves. ”

“ He is a small sovereign, powerful and great within his little domain, but no imbecile monarch ever suffered more from intrigues, factions, and encroachments than an incapable company commander; no tyrant king must contend more with rebellions, insurrections, and defections than an arbitrary and unjust captain, and no wise and beneficent ruler ever derived more heartfelt homage, more faithful services, or more patriotic devotion than a just, competent, and faithful commander receives from his company. ”

“ In a hostile country it consists in the suspension, by the occupying military authority, of the civil and criminal law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation, and is simply military authority exercised in accordance with the laws and usages of war. Military oppression is not martial law, it is the abuse of the power which that law confers. ”

“ A good general, a well-organized system, good instruction, and severe discipline, aided by effective establishments, will always make good troops, independently of the cause for which they fight. At the same time, a love of country, a spirit of enthusiasm, a sense of national honor, will operate upon young soldiers with advantage.
The officer who obeys, whatever may be the nature or extent of his command, will always stand excused executing implicitly the orders which have been given to him.
Every means should be taken to attach the soldier to his colors. ”

“ As martial law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity,—virtues adorning a soldier even more than other men, for the very reason that he possesses the power or his arms against the unarmed. Martial law affects chiefly the police and collection of public revenue and taxes, whether imposed by the expelled government or by the invader, and refers mainly to the support and efficiency of the army, its safety, and the safety of its operations. ”

“ If taken by the enemy, he is put to death ignominiously and without mercy. As, however, the calling is so dangerous, and so little redounds to honor, it is never permissible for a general to compel by threats any person, whether of his own or the hostile party, to act as a spy; but he is at liberty to accept all such services when proffered. A spy is well paid, lest he betray his employer. In the British army, spies are usually controlled by the quartermaster-general. Martial law, though distinct enough in ordering the death of a spy, is not clear in defining what constitutes a spy. ”

“ When the civil officer may not deem it safe to wait for the orders of government, he should address his requisition for troops, not to any subordinate military officer, but to the highest authority, to whom he should communicate his object in making it, and all the information he may possess regarding the strength and designs of those by whom the public peace is menaced or disturbed. His duty is confined to these points. He has no authority in directing military operations. The officer commanding the troops has alone authority to determine the number and nature of those to be employed ”

“ When an army takes the field, every stronghold or fortress which supports its operations by affording a safe retreat to its depots, heavy artillery, magazines, hospitals, etc., is called a place of arms. In offensive operations, those lines are called places of arms, or parallels, which unite the different means of attack, secure the regular approaches, etc., and contain bodies of troops who either do duty in the trenches, protect the workmen, or are destined to make an impression upon the enemy’s outworks. ”

“ He says, “Rank in the line of the army is conceived to be rank in a military body specially organized for the exertion of physical force, or in other words, for combating an enemy; and an officer in such a body has a direct and paramount command over the troops which compose it. The expressions ‘rank in the line of the army,’ ‘rank in the line,’ ‘lineal rank,’ are generally used in contradistinction to staff appointments.” ”

“ The utmost liberty consistent with the interest of parties not before the court and with the respect due to the court itself should, at all times, be allowed a prisoner. As he has an undoubted right to impeach, by evidence, the character of the witnesses brought against him, so he is justified in contrasting and remarking on their testimony, and on the motives by which they, or the prosecutor, may have been influenced. All coarse and insulting language is, however, to be avoided, nor ought invective to be indulged in, as the most pointed evidence may be couched in the most decorous language. ”

“ Since the first half of the decade—1860-70—the United States has fallen behind the nations of Europe in the power of her armament. Having been committed by her two great inventors, Rodman and Dahlgren, to cast-iron smooth-bores, which were fabricated in great numbers, her attitude has been that of Micawber,—waiting for something to turn up. England occupies the other extreme,—of all the powers she has ventured the greatest sums upon the theories of her gun-makers. ”

“ Artillery.—No distinct tactics exist for this arm beyond the fact that a concentrated fire is vastly the most effective, and that the artillery should always have a support of infantry at hand, to protect it from a sudden incursion of hostile cavalry.
Tactics of position depend on the moral energy of the commander-in-chief. Few would dare, as Cæsar did, an invasion in which there was no retreat if defeated. It is a military maxim not to fight with the rear on a river, unless many bridges be provided for retreat, in case of disaster. ”

“ On all occasions when the troops are employed in restoring or maintaining public order among their fellow-citizens, the use of arms, and particularly fire-arms, is obviously attended with loss of life or limb to private individuals; and for these consequences, a military man may be called to stand at the bar of a criminal court. A private soldier also may occasionally be detached on special duty, with the necessity of exercising discretion as to the use of his arms; and in such cases he is responsible, like an officer, for the right use or exercise of such discretion. ”

“ To force an enemy to give battle, is to render the situation of an enemy so hazardous, that whether he attempts to quit his position, or endeavors to keep it, his capture or destruction must be equally inevitable. In either of such desperate cases, a bold and determined general will not wait to be attacked, but resolutely advance and give battle, especially if circumstances should combine to deprive him of the means of honorable capitulation. ”

“ In the British service courts of inquiry are not regulated by any statute or standing regulation, but depend on the will of the sovereign, or of the superior officer convoking the court, both as to the officers who may compose it, and as to every particular of its constitution. It is not a judicial body, but is rather a council, having no power to compel the attendance of witnesses not of the army or navy, nor to administer oaths. ”

“ If an officer dies when on duty with his regiment, or engaged on staff employ, he is buried with military honors. His hat, epaulettes, and sword are placed upon the coffin, soldiers support it, and officers bear the pall; the troops march at a slow and solemn pace, with arms reversed; the drums are muffled; the band plays the dead march; and after the body has been lowered into the grave, a party of infantry, cavalry, or artillery, fire three volleys over it, and then retire. The strength of the funeral party, as it is called, depends upon the rank of the deceased. ”

“ It is not well to create a too great contempt for the enemy, lest the morale of the soldier should be shaken if he encounter an obstinate resistance.
It would seem to be easy to convince brave men that death comes more surely to those who fly in disorder than to those who remain together and present a firm front to the enemy, or who rally promptly when their lines have been for the instant broken. ”

“ The regulation of military rank is vested absolutely in Congress, which confers or varies it at pleasure. The will of Congress in this respect is signified by the creation of different grades of rank; by making rules of appointment and promotion; by other rules of government and regulation; or is by fair deduction to be inferred from the nature of the functions assigned to each officer; for every man who is intrusted with an employment is presumed to be invested with all the powers necessary for the effective discharge of the duties annexed to his office. ”

“ In war, is a useful but not highly honored auxiliary, employed to ascertain the state of an enemy’s affairs, and of his intended operations. Spies have been used in all wars from the time when Moses sent Joshua on such a purpose to the present time. Their employment is quite recognized by the law of nations as interpreted by Grotius, Vattel, and Martens; nor is it held to be any dishonor to a general to avail himself of their services. On the other hand, the spy himself is looked upon as an outlaw, and one devoid of honor. ”

“ That in future the rank of general officer should of itself be sufficient to confer the full right of nobility upon all those who should arrive at that degree of military promotion; and that their heirs and successors, as well as their children, actually born and lawfully begotten, should be entitled to the same distinction; and that all general officers should enjoy all the rights and privileges of nobility from the date of their commissions. ”

“ The last wars of Europe have been wars of the people, and have been fought by nationalities. After peace armies remain national, for their elements are taken from the people by legal liberations. The institution of conscription is evidently the most important of modern times. Among other advantages, it has bridged the otherwise impassable gulf between the citizen and soldier, who, children of the same family, are now united in defense of their country. ”

“ The distinction between an officer on the staff of an army and a regimental officer is that the latter is concerned with his own regiment alone, while the former deals with his army (of course under the orders of his commanding officer) , or section of an army, and regulates the combined action of the several arms and bodies of men. A good staff is all-important to the success of a military enterprise. In the British service the general staff of an army comprises the general in actual command, with the subordinate generals commanding the several divisions and brigades ”

“ A court of inquiry, to examine into the nature of any transaction of, or accusation or imputation against, any officer or soldier, may be ordered by the President or by any commanding officer; but, as courts of inquiry may be perverted to dishonorable purposes, and may be employed, in the hands of weak and envious commandants, as engines for the destruction of military merit, they shall never be ordered by any commanding officer, except upon a demand by the officer or soldier whose conduct is to be inquired of. ”

“ Military Discipline. Next to the forming of troops, military discipline is the first object that presents itself to our notice: it is the soul of all armies; and unless it be established among them with great prudence, and supported with unshaken resolution, soldiers become a contemptible rabble, and are more dangerous to the very state that maintains them than even its declared enemies. See Discipline.
Military Execution. The ravaging or destroying of a country or town that refuses to pay the contribution inflicted upon them. Also, the punishment inflicted by the sentence of a court-martial. ”