This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...accused of criminal acts contrary to the common laws of war and under martial law, and for this purpose the military commissions have been established. Thus the military commission initiated by General Scott was mainly for the punishment of murder, robbery, and other violent crimes, committed either by civilians or ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...accused of criminal acts contrary to the common laws of war and under martial law, and for this purpose the military commissions have been established. Thus the military commission initiated by General Scott was mainly for the punishment of murder, robbery, and other violent crimes, committed either by civilians or military persons, and not at that time cognizable by a courtmartial. At the same time another tribunal, called the "council of war," was inaugurated for the punishment of offenses pecu "Davis, op. cit., 15; Dig. Ops. J. A. G., 283; Willoughby, Constitutional Law, II, 1197. S. T. Ansell, recently Acting Judge Advocate General, admits this conclusion, but criticizes severely the system that makes such a conclusion necessary. See his article, "Military Justice," in Cornell Law Quar., V, 11-17 (Nov. 1919), esp. 5-7. But compare the Supreme Court opinion approving the following statement by Attorney General Bates: "The whole proceeding from its inception is judicial. The trial, findings, and sentence are the solemn acts of a court organized and conducted according to the prescribed forms of law. It sits to pass upon the most sacred questions of human rights that are ever placed on trial in a court of justice; rights which, in the very nature of things, can never be exposed to danger nor subjected to the uncontrolled will of any man, but which must be adjudged according to law." Runkle v. United States, 122 TJ. S., 543, 558 (1887). For an excellent review and criticism of the present court-martial system, see an article, already occasionally referred to, by E. M. Morgan, "The Existing Court-Martial System and the Ansell Articles," Yale Law Jour., XXIX, 52-74 (Nov., 1919). For a defense of the present system, ...
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