Several provisions dictated by the humanity of Congress have
been inserted in the bill, apparently to restrain the power of the
commanding officer; but it seems to me that they are of no avail for
that purpose. The fourth section provides: First. That trials shall not
be unnecessarily delayed; but I think I have shown that the power is
given to punish without trial; and if so, this provision is practically
inoperative. Second. Cruel or unusual punishment is not to be inflicted;
but who is to decide what is cruel and what is unusual? The words have
acquired a legal meaning by long use in the courts. Can it be expected
that military officers will understand or follow a rule expressed in
language so purely technical and not pertaining in the least degree
to their profession? If not, then each officer may define cruelty
according to his own temper, and if it is not usual he will make it
usual. Corporal punishment, imprisonment, the gag, the ball and chain,
and all the almost insupportable forms of torture invented for military
punishment lie within the range of choice.
Pages:
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473