Proposed Revisions to Policies Regarding Courts Martial
Document 1799Hamilton believes that the Articles of War need to be completely overhauled, which would take some time, and suggests improvements for the interim. There should be greater clarity relating to the power to appoint a general courts martial, specifically giving the President discretionary authority to empower officers other than those designated by the Articles of War to declare a general courts martial. The Commanding General of an army should have the power to decide on sentences. Hamilton addresses possible punishments for desertion, including confinement and labor.
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Type
Printed transcription/modern copy of letter
Description
Hamilton believes that the Articles of War need to be completely overhauled, which would take some time, and suggests improvements for the interim. There should be greater clarity relating to the power to appoint a general courts martial, specifically giving the President discretionary authority to empower officers other than those designated by the Articles of War to declare a general courts martial. The Commanding General of an army should have the power to decide on sentences. Hamilton addresses possible punishments for desertion, including confinement and labor.
Date
12/1799
Author
Recipient
Sent from
Philadelphia
Collection
Document number
1799129940100
Note
Published in Syrett, vol. 24, 133-135.
Notable persons
James McHenry
Alexander Hamilton
President
officers
military commander
commanding general of an army
Notable locations
Philadelphia
Notable items
complete revision
Articles of War
waiving the expectation of such a revision
important improvements
great obscurity which envelopes the provisions of existing articles
General Courts Martial
inconviently narrow
too much diffused
proper medium by more exact legislative definition
characters who may exercise the power
expedient
discretionary authority
designated by the Articles of War
appoint general courts martial
such circumstances and such limitations
provisions
determination on sentences
dismission of officers
accurate view of all the circumstances of the army
efficacy of punishment
crime of desertion
punishment of death
whipping
confinement and labor
terms of service
auxiliary provisions
desertion of an attempt to desert to enemies or traitors