Proposed Revisions to Policies Regarding Courts Martial

Item

Type

Printed transcription/modern copy of letter

Title

Proposed Revisions to Policies Regarding Courts Martial

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.

short description

Hamilton's proposed revisions to the policies relating the courts martial.

year created

1799

month created

12

sent from location

Philadelphia

recipient

in collection

note

Published in Syrett, vol. 24, 133-135.

notable person/group

James McHenry
Alexander Hamilton
President
officers
military commander
commanding general of an army

notable location

Philadelphia

notable item/thing

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

document number

1799129940100

Document instances

In image In source Location in source
[view document] (0 pages) [no image] Collection: Printed Versions [unknown]
[view document] (0 pages) [no image] Publication: The Papers of Alexander Hamilton [unknown]

Document names

Type Name Location Notes
Author Alexander Hamilton Philadelphia [n/a]
Recipient James McHenry [unknown] [n/a]