Military order

“ Therefore, whether the State be a monarchy, an empire, or a republic, its rulers have an interest in keeping up obligatory military service for all, in order that they may command an army, instead of governing a nation.
“And, while the rulers have no desire for disarmament, the people have lost all wish for it, too. The masses endure military service quite willingly, for, without being exactly pleasurable, it gives an outlet to the rough, crude instincts of the majority and presents itself as the simplest, roughest and strongest expression of their sense of duty. ”

“ Among these, my impression is that a state of war, whether foreign or domestic, may exist, in the great perils of which it is competent, under its rights and on principles of national law, for a commanding officer of troops under the controlling government to extend certain rights of war, not only over his camp, but its environs and the near field of his military operations. ”

“ To compel your obedience, a rapacious army will penetrate into the bosom of your country, carrying destruction and desolation before it. The commander of such an army will be liable to the corruptions and passions incident to other men. If he be possessed of military genius, address, and ambition, he may procure this army to proclaim him king. Who can tell the result? Who can oppose him with success? Who can say to him, Sir, you shall not be a despot! ”

“ As the commander in chief, his own soldiers would have a right to instruct him in the mode of performing his military functions, as, indeed, they would have a right to tell congress, when and against whom to declare war! ”

“ Be it henceforth known that—all persons armed, or commanding or acting with men in arms, or aiding and assisting any body of armed men in the support or defence of any persons assuming or pretending to authority as chieftains, or attempting to alter the Constitution by force—are hereby subject to military jurisdiction and shall be tried by military law accordingly. ”

“ I admit, in its fullest force, the strength of the maxim that the civil law should be superior to the military in time of peace; that the army should be at all times subject to the direct control of Congress; and I assert that, from the formation of our Government to the present day, the Regular Army has set the highest example of obedience to law and authority ”

“ While, therefore, you will permit no interference by the persons under your command, with the relations of Persons held to Service under the laws of any State, you will, on the other hand, so long as any State, within which your Military operations are conducted, is under the control of such armed combinations, refrain from surrendering to alleged masters any Person who may come within your lines. ”

“ The institutions chiefly alluded to are STANDING ARMIES and the correspondent appendages of military establishments. Standing armies, it is said, are not provided against in the new Constitution; and it is therefore inferred that they may exist under it. ”

“ Common justice and plain expediency require that the military commander protect the manifestly loyal citizens, in revolted territories, against the hardships of the war as much as the common misfortune of all war admits. ”

“ The army and navy and the troops designed for the internal security are subject to special laws, in the matter of military offences, both for the maintenance of discipline and for the form of the trials and the nature of the penalties. ”

“ This martial rule-in other words, this will of the commanding general, except in the country of the enemy occupied and dominated by the army-is limited to the field of military operations. In a country not hostile, at a distance from the movements of the army, where they cannot be immediately and directly interfered with, and the courts are open, it has no existence. ”

“ Assisted by your zeal, prudence, and intelligence, I entertain the pleasing hope of meeting with very considerable success, and of being able to establish the sound policy of rendering permanent to the end of the present war, a mode of military instruction little burdensome to individuals, and every way calculated to secure a powerful internal defence against hostile aggression.
Printed rules and regulations, for your future guidance, are herewith forwarded: the most simple, and at the same time the most useful, movements have been selected for the practice of the militia. ”

“ The army must be the rallying point; the army must furnish example, must furnish instruction, must give us the principles on which that national system [Pg 267] of defence must be formed; and by which the voluntary forces of this country, though in a military view inferior to a regular army, would, fighting on their own soil, for everything dear to individuals and important to a State, be invincible.'
These quotations will, I think, give a general idea of the views which were uppermost in the mind of the Minister for War when he gave vitality to the principle of localisation. ”

“ The Federal commander recognized, perhaps not less than his opponent, the importance of the simple old tactic—bringing a superior force to bear on detached or weak points of the adverse line—which has entered, under one form or another, into most great military combinations since war became a science ”

“ The Adjutant-General earnestly recommended the establishment of a trained and disciplined military body, to be subject to its own rules, and to be distinct from any civil force, though acting as an addition to whatever civil force might also be formed. ”

“ With us, to-day, the law and regulations are that, no matter what may be the emergency, the commanding general in Texas, New Mexico, and the remote frontiers, cannot draw from the arsenals a pistol-cartridge, or any sort of ordnance-stores, without first procuring an order of the Secretary of War in Washington. The commanding general--though intrusted with the lives of his soldiers and with the safety of a frontier in a condition of chronic war--cannot touch or be trusted with ordnance-stores or property, and that is declared to be the law! ”

“ If this position is sound to the extent claimed, then when war exists, foreign or domestic, and the country is subdivided into military departments for mere convenience, the commander of one of them can, if he chooses, within his limits, on the plea of necessity, with the approval of the Executive, substitute military force for and to the exclusion of the laws, and punish all persons, as he thinks right and proper, without fixed or certain rules. ”

“ Martial Law in a hostile country, consists in the suspension, by the occupying military authority, of the criminal and civil 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 ”

“ And there are not only the regulations governing each army to be considered, but their traditions, their habits, their doctrines; the study of diplomatic activities, with their perpetual action or reaction upon military activities, must not be neglected either. ”

“ It is the fashion for politicians (and I am sorry to find them supported by eminent statesmen) to preach the doctrine of armaments; they allege that in order to preserve peace it is necessary to be prepared for war, that a nation with a large army or navy commands respect, and that her word carries weight. This argument cuts both ways, for a nation occupying such a commanding position may be unreasonable and a terror to weaker nations. ”

“ The Constituent States expressly bind themselves severally under no circumstances to address to any Constituent State an ultimatum, or a threat of military or naval operations in the nature of war, or of any act of aggression ”

“ The administration asserts the right to fill the ranks of the regular army by compulsion. It contends that it may now take one out of every twenty-five men, & any part or the whole of the rest, whenever its occasions require. Persons thus taken by force, & put into an army, may be compelled to serve there, during the war, or for life. They may be put on any service, at home or abroad, for defence or for invasion, accordingly to the will & pleasure of the Government. The power does not grow out of any invasion of the country, or even out of a state of war. ”

“ The present military force, then, of the United States, as authorized by existing laws, consists of upward of one hundred and eighty-six thousand men, all of whom, when in service, are subject to the rules and articles of war. ”

“ To make laws for the organization of the army and navy. (19) To grant or refuse to foreign forces passage through the territory of the country to carry on military operations. (20) To mobilize and make use of the national guard or local militia in the cases designated by the Constitution. (21) To declare a state of siege at one or more points in the national territory, in the emergency of an attack by foreign forces, or internal disturbance, and to approve or suspend the state of siege proclaimed by the executive power or its responsible agents in the absence of the Congress. ”

“ From the reports herewith communicated of the Secretaries of War and of the Navy, with the subsidiary documents annexed to them, will be discovered the present condition and administration of our military establishment on the land and on the sea. The organization of the Army having undergone no change since its reduction to the present peace establishment in 1821, it remains only to observe that it is yet found adequate to all the purposes for which a permanent armed force in time of peace can be needed or useful. ”

“ The system we chose to copy approached our own, in that the Sovereign was the direct and immediate Chief of the army, and from a purely military standpoint it is easy to 324perceive that such an arrangement—adopted moreover, by every great Power that has a Sovereign, and that aims at real military strength—is the best adapted to produce the most efficient results. ”

“ When a uniform organization of the German army shall have been established, a comprehensive military law for the Empire shall be submitted to the diet and the federal council for their action in accordance with the constitution. ”

“ By the bill which had been passed, to complete the peace establishment, we had authorized the collection of a force of about six thousand men, exclusive of those now in service, which, with the twenty-five thousand provided for by this bill, will give an aggregate of new troops of thirty-one thousand men. Experience in military affairs, has shown, that when any given number of men is authorized to be raised, you must, in counting upon the effective men which it will produce, deduct one fourth or one third for desertion, sickness, and other incidents to which raw troops are peculiarly exposed. ”

“ The army as an aid to the civil power. The Use of Armed Forces in Time of Peace.—In time of peace the regular army and the national guard may be used under certain conditions to put down riot or disorder. The President has the right to use United States troops within the limits of any state in order to enforce the national laws, to facilitate the carrying of the mails, or to maintain any other function of the national government. ”

“ That the military peace establishment of the United States shall hereafter consist of five regiments of artillery, ten regiments of cavalry, forty-five regiments of infantry, the professors and Corps of Cadets of the United States Military Academy, and such other forces as shall be provided for by this act, to be known as the army of the United States. ”

“ The comparative weight with which militarism, that is, the system which makes the maintenance of great armaments one of the principal objects of the state, burdens different nations, depends upon their respective wealth, the length of the terms of military service, their administrative organization and the nature of their political institutions. ”

“ The officers and agents charged with supplies are placed under the orders of the general in command of the troops, that is, they are obliged both in war and peace to obey, with the single qualification above named, of first making their observations and securing the written order of the general. ”

“ All the business of preparing for the military registration of 10,000,000 men, of providing quarters and instructors for nearly 50,000 prospective officers, for finding arms and equipment for millions of troops yet to be organized, of expanding the regular army to full war strength, of preparing and recruiting the National Guard for war was at hand. ”

“ It has always insisted that the organizations of armed forces that may be necessary for the enforcement of the laws and the keeping of order at home, or for the defense of the integrity or the honor of the state in foreign warfare, should remain as much as possible identified with the people themselves—should be, in fact, of the people in their origin, their interests, their sympathies, as well as in the character and aspirations of those commanding them ”

“ The military element is represented by officers of all grades from generals to sub-lieutenants, in morning coats, with breeches and high boots, forbidden under the Second Empire, but the rule at present. ”

“ The military organizations, such as companies, regiments, brigades, divisions, corps d'armée, are always kept up; the officers are ever ready, and in case of war it is only necessary to call in the men. ”

“ It is not an army that we must shape and train for war; it is a nation. ”

“ How command of a wider kind follows military command we can not readily see in societies which have no records; we can but infer that, along with increased power of coercion which the successful head warrior gains, naturally goes the exercise of a stronger rule in civil affairs. ”

“ Still less is there any authoritative military doctrine concerning them, and, if the stratagems in debate are excluded from ‘good’ war by the military honour of to-day, the above study of warlike artifices has been made to little purpose if it has not taught us how changeable and capricious that standard is, and of what marvellous adjustment it is capable. ”