Military Regulations Quotes
There was no probable cause required at the time and the military intelligence people routinely opened all mail and read it. Most people did not object as the intensity of winning World War II so great that most people put up with almost anything provided it was done in good faith to further the war effort.
This quotation is very interesting in that it is used by people on both sides of the church & state issue. The Continental Congress had ordered that military chaplains be supplied & paid with very scarce public funds. Further that they be Christian & that soldiers respect them and attend compulsory Christian services. Some argue that this meant that the Continental Congress had intended the United States to be a Christian Country & had no problem with public money used to support Christian worship. Nor with compulsory Christian services. They note that Washington himself ordered the compulsory services. Separation of Church and State advocates point out that this was such an abuse that when the Constitution was voted in 1787, a majority of the states would not ratify it until the 1st Amendment would eliminate any chance of those abuses being repeated. Washington was only the Commander in Chief and was subservient to Congress which he & the army depended on for supplies & pay.
The Attorney General had taken the position that the Congress could not pass laws in time of war that the President was required to follow if in his judgment as Commander in Chief, the war effort and safety of the nation was at stake—that he could instruct the military to ignore laws passed by Congress. The legal theory of the George W. Bush administration was that the President had “inherent powers” under the Constitution and that Congress could not supersede these by legislation.
In the Iraq and Afghanistan Wars, private contractors wlere hired to provide many services in the war zone including intelligence, security and guard service. In carrying out their responsibilities, some private contractor employees killed and/or tortured suspects or innocent bystandarders against the laws of the United States. If American soldiers had committed these crimes, they would be court marshalled. However, the Code of Military Regulations and other laws applied only to armed forces personnel.
Washington, though a military officer at the time, was very concerned with protecting the rights of citizens from abuse by the military for he had seen much of the abuse. The third amendment for example was later written to protect people from the military. The Constitution also requires that Congress make such rules for the military. Note that Washington, our first senior military officer at the time, wanted Congress to make detailed rules for the conduct of soldiers. In the 20th and 21st century, as the imperial presidency developed, there was a political view that only the military officers and the Commander in Chief should make the rules and regulations for the soldiers. However, there was no question but that the Founding Fathers saw this as a legislative branch function. Congress and Presidents have contested for this power every since.
Rush ran the hospitals for the Revolutionary Army and talked to many officers and enlisted men, and also observed much of the British military practices. These suggestions were discussed but never passed as regulations. They are fascinating insights into the problems of the general officers of the time who were generally selected for their socioeconomic status rather than other qualifications. Note the drunkenness limitation for a commanding general was proposed to be limited to only 1 allowed bout of drunkenness every 24 hours. It was, he thought, totally unrealistic to require generals to be always sober when on duty. With the mediocre quality of senior officers, Washington had to depend on foreigners like Lafayette, Von Steuben and others. And Generals who were leading attacks out in front of their men like Benedict Arnold immediately became heroes and one of the reasons he ended up as a traitor was that he thought that he was badly treated relative to the “society” Generals who would not accept him and denigrated his exploits when they themselves had never been close to a battle front.
