Military regulation

“ It will be observed that of the three kinds of military jurisdiction which can be exercised or created under our Constitution there is but one that can prevail in time of peace, and that is the code of laws enacted by Congress for the government of the national forces. That body of military law has no application to the citizen, nor even to the citizen soldier enrolled in the militia in time of peace. ”

“ In modern wars all civil and penal law continues to take its usual course in the enemy’s places and territories under Martial Law, unless interrupted or stopped by order of the occupying military power; but all the functions of the hostile government, legislative, executive, or administrative, whether of a general, provincial, or local character, 4cease under Martial Law, or continue only with the assistance or special approbation of the occupier or invader. ”

“ The war power, from which military commission derives its existence, is not limited to victories in the field, but carries with it inherent power to guard against immediate renewal of conflict and to remedy, at least in ways Congress has recognized, evils which military operations have produced. Articles of War, arts. ”

“ The Council, taking into account the reports and opinions of the Commission set up under Resolution B of this Assembly, shall at any time when requested, consider summarily whether (a) the armaments of any State are in excess of those fixed under the provisions of any agreement relating to reduction or limitation or armaments; or (b) the military or other preparations of any State are of such a nature as to cause apprehension of aggression or an eventual outbreak of hostilities. ”

“ The military rule which it establishes is plainly to be used, not for any purpose of order or for the prevention of crime, but solely as a means of coercing the people into the adoption of principles and measures to which it is known that they are opposed, and upon which they have an undeniable right to exercise their own judgment. ”

“ 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. ”

“ 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 the limits, on the plea of necessity, with the approval of the Executive, substitute military force for and the exclusion of the laws, and punish all persons, as he thinks right and proper, without fixed or certain rules. ”

“ As the several States form one Government, united for their common benefit and security, they are to be considered as a Nation—their Militia therefore, should be as far as possible national—an uniformity in Discipline and Regulations should pervade the whole, otherwise, when the Militia of several States are required to act together, it will be difficult to combine their operations from the confusion a difference of Discipline and Military Habits will produce. ”

“ It is from the same source of authority that we derive the unquestioned right, after the war has been declared by Congress, to blockade the ports and coasts of the enemy, to capture his towns, cities, and provinces, and to levy contributions upon him for the support of our Army. Of the same character with these is the right to subject to our temporary military government the conquered territories of our enemy. They are all belligerent rights, and their exercise is as essential to the successful prosecution of a foreign war as the right to fight battles. ”

“ The Government urges that the concept in the field should be broadened to reach dependents accompanying the military forces overseas under the conditions of world tension which exist at the present time. It points out how the war powers include authority to prepare defenses and to establish our military forces in defensive posture about the world. ”

“ All the elements of war now existing belong to the National Government; nevertheless it is not to be understood that the States are prohibited from acquiring those that they may need for domestic defense. Article 98. The National Government can not station troops nor military officers with command in a State, although they may be from that or another State, without permission of the government of the State in which the force is to be stationed. ”

“ Such organized regulations as have been established in any of the conquered territories for the security of our conquest, for the preservation of order, for the protection of the rights of the inhabitants, and for depriving the enemy of the advantages of these territories while the military possession of them by the forces of the United States continues will be recognized and approved. ”

“ If the question is answered in the affirmative, then it must be recognised that it is impossible to codify the regulations governing the discretionary power which must be vested in the military commander in war, in such a manner that the general or soldier who executes his orders on native soil can in every instance refer to the particular paragraph of the Constitution or the law justifying his action. ”

“ The General Assembly, Recommends that the Security Council give prompt consideration to formulating the practical measures, according to their priority, which are essential to provide for the general regulation and reduction of armaments and armed forces and to assure that such regulation and reduction of armaments and armed forces will be generally observed by all participants and not unilaterally by only some of the participants. ”

“ Whatever rules have been adopted and practiced by the civilized nations of the world in war to soften its hardships and severity should be adopted and practiced by us in this war. That the laws of war authorize commanders to create and establish military commissions, courts or tribunals for the trial of offenders against the laws of war, whether they be open or secret participants in the hostilities, cannot be denied. ”

“ No state shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ”

“ The nations should agree to abandon compulsory military service and to limit military force to purposes of police and international defense.
4. All manufactures of arms, armaments and munitions for use in war should hereafter be national property. No private citizen or corporation should be permitted to engage in such manufacture. The export of such goods for use in armies and fleets should be prohibited. ”

“ In voting for affirmance of the judgment I do not wish to be understood as intimating that the military authorities in time of war are subject to no restraints whatsoever, or that they are free to impose any restrictions they may choose on the rights and liberties of individual citizens or groups of citizens in those places which may be designated as 'military areas'. ”

“ The law of nations allows every sovereign government to make war upon another sovereign state, and, therefore, admits of no rules or laws different from those of regular warfare, regarding the treatment of prisoners of war, although they may belong to the army of a government which the captor may consider as a wanton and unjust assailant. ”

“ 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. ”

“ There is no coherent or consistent system of regulations in existence for the military establishment of the United States. The economy of military arrangement is as essential as the discipline of the field, to assure the effects of military operations. There should be a well digested system of regulations, and upon that system should be engrafted a staff, susceptible of adaptation to the peace or the war establishment, to the smallest or the largest force. ”

“ The Supreme War Command, after considering the political, military and economic consequences within the framework of the general conduct of the war, will have to decide what measures of a military nature are to be taken, and what our attitude to the usage of war is to be. Once it has been decided to conduct economic warfare in its most ruthless form, in fulfillment of military requirements, this decision is definitely to be adhered to under all circumstances. ”

“ Is it not to be desired that all future attempts for the international regulation of warfare should not only be specifically made subject to ratification, but should also, in accordance with fact, be described as "conventions"? ”

“ Other securities, therefore, against the prevalence of military power must be provided. Happily for us, we are not so situated as that any purpose of national defence requires, ordinarily and constantly, such a military force as might seriously endanger our liberties. ”

“ That national armaments be limited to purposes of internal police, no nation be allowed to have a force sufficient to be a menace to general peace, and a League of Peace be formed which shall have at its hand sufficient armed power to compel order among the States. ”

“ The members of the League recognize that the maintenance of a peace requires the reduction of national armaments to the lowest point consistent with the national safety and the enforcement by common action of international obligations. ”

“ Is it not necessary that the authority superintending the general concerns of the United States should have the power of raising and supporting armies? Are we, sir, to stand defenceless amidst conflicting nations? Wars are inevitable, but war cannot be declared without the consent of the immediate representatives of the people. ”

“ These measures can hardly be more than temporary--to last until our revenues are in better condition and until the whole question of the expediency of adopting a definite military policy can be submitted to Congress, for I am sure that the interests of the military establishment are seriously in need of careful consideration by Congress. The laws regulating the organization of our armed forces in the event of war need to be revised in order that the organization can be modified so as to produce a force which would be more consistently apportioned throughout its numerous branches. ”

“ A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment [III.]
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. ”

“ The least reflection will satisfy us that the Convention has adopted the only proper method. If a standing army were alone to be employed, such an army must be kept up in time of peace as would be sufficient in war. The dangers of such an army are so striking that every man would oppose the adoption of this government, had it been proposed by it as the only mode of defence. Would it be safe to depend on militia alone, without the agency of regular forces, even in time of war? Were we to be invaded by a powerful, disciplined army, should we be safe with militia? ”