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Articles of War

The Articles of War were the foundational body of military regulations and legal procedures that governed the discipline, conduct, and justice system of the United States Army from their initial adoption by the Continental Congress on June 30, 1775, until their replacement by the Uniform Code of Military Justice, which took effect on May 31, 1951.^[1]^[2] Modeled on British military codes but adapted to reflect American revolutionary principles, including a greater emphasis on preventing abuses of authority and ensuring loyalty amid colonial grievances against standing armies, the articles established rules for offenses such as mutiny, desertion, sedition, and insubordination.^[3]^[4] They prescribed punishments ranging from fines and confinement to corporal penalties and capital execution for severe breaches, enforced through courts-martial that prioritized swift military necessity over civilian due process norms.^[5] Subsequent revisions, including major updates in 1806 and 1920, expanded the code to address evolving needs like peacetime establishments and modern warfare logistics while maintaining its core punitive framework.^[6] The articles played a defining role in shaping U.S. military culture during the Revolutionary War, Civil War, and World Wars, enforcing order in diverse theaters from frontier campaigns to global conflicts, though they drew criticism post-World War II for inconsistencies across services and insufficient uniformity in trials.^[2]^[7] Their legacy endures in the procedural foundations of contemporary military justice, underscoring a historical balance between operational discipline and foundational republican safeguards against martial overreach.^[8]

Historical Origins

Early European and British Foundations

Military disciplinary codes in ancient Rome emphasized absolute obedience through severe punishments, such as decimation—executing every tenth man in a disobedient unit—and enforcement of oaths of allegiance to commanders, forming the basis for later European traditions of unit cohesion over individual autonomy.^[9]^[10] These customs influenced medieval European practices, where early written military laws appeared in codes like the Salic law around the 6th century, regulating conduct among Frankish warriors to prevent disorder in feudal levies.^[11] By the late medieval period, ordinances of war in campaigns such as the Hundred Years' War (1337–1453) began codifying rules on plunder, desertion, and subordination, evolving from ad hoc customs to structured edicts issued by monarchs to curb mutinies and maintain loyalty amid mercenary forces.^[12] In early modern Europe, these traditions formalized into comprehensive military articles by the 16th and 17th centuries, with states like Sweden and France promulgating ordinances that prescribed courts-martial for offenses including cowardice and insubordination, prioritizing collective discipline to enable sustained operations in prolonged conflicts.^[13] British developments built directly on this foundation, culminating in the Naval Discipline Act of 1661, enacted shortly after the Restoration to regulate His Majesty's ships of war through explicit articles governing sailor conduct, royal loyalty, and procedural justice via naval tribunals.^[14]^[15] This act marked the first statutory incorporation of Articles of War in Britain, drawing from prior customs and Elizabethan precedents to impose harsh penalties—such as death for mutiny or treason—to ensure hierarchical command in fleet actions.^[16] The empirical efficacy of these codes lay in their causal emphasis on enforced obedience, which suppressed internal dissent and enabled coordinated maneuvers critical to naval warfare; in Britain, rigorous application under the 1661 framework correlated with operational successes during the Anglo-Dutch Wars (1652–1674), where disciplined English squadrons leveraging firepower and line tactics outfought more maneuverable but less cohesive Dutch forces in battles like the Gabbard (1653).^[17]^[18] Such prioritization of unit integrity over procedural leniency proved foundational, as laxer systems in rival navies often yielded to breakdowns in extended engagements, underscoring the codes' role in causal chains of military effectiveness.^[19]

Influence on Colonial Militias

Colonial militias in British North America prior to the Revolution operated under locally enacted codes that variably incorporated elements of British military law, including the emphasis on command hierarchy and expedited disciplinary proceedings found in the Articles of War, to maintain order among volunteer forces often lacking professional training.^[4] These adaptations reflected colonial preferences for governance aligned with Puritan-influenced moral frameworks, yet preserved core mechanisms for swift justice, such as courts-martial for offenses like desertion and insubordination, which were essential for coordinating irregular troops in frontier conflicts.^[4] The French and Indian War (1754–1763) marked a pivotal period of direct exposure, as provincial regiments raised by colonial assemblies—totaling over 25,000 men by 1758—served under British command and were thus subjected to the Articles of War for discipline, introducing large-scale enforcement of British standards amid joint operations against French and Native American forces.^[4] ^[20] In particular, the Mutiny Act of 1756, enacted by Parliament on April 15 to address mutiny and desertion in active service, extended its provisions to British regulars and attached provincial troops in North America, mandating annual renewal and enabling courts-martial with punishments up to 1,000 lashes or execution for grave breaches, thereby imposing standardized accountability on heterogeneous colonial contingents.^[21] ^[4] While provincial officers frequently opted for internal regimental courts to administer lighter penalties—averaging far below the British norm of 742 lashes per offender from 1757 to 1763—the retained focus on hierarchical obedience ensured operational cohesion in asymmetric engagements, where undisciplined volunteers risked collapse against numerically inferior but more mobile adversaries.^[4] For instance, Massachusetts' provincial act of 1754, modeled partly on British precedents, capped flogging at 39 lashes (invoking biblical limits from Deuteronomy 25:3) and required gubernatorial sanction for capital cases, blending imported rigor with local restraint to sustain militia effectiveness without alienating citizen-soldiers.^[4] This selective importation underscored the causal imperative of codified discipline for transforming ad hoc assemblies into viable combat units capable of sustained campaigns.^[22]

British Articles of War

Royal Navy Regulations

The Royal Navy's Articles of War were first formalized through the Naval Discipline Act of 1661, which established 39 articles aimed at regulating conduct aboard His Majesty's ships of war, emphasizing obedience, prevention of mutiny, and punishment for offenses unique to maritime service.^[14] These regulations granted captains broad authority to convene courts-martial for minor infractions and mandated severe penalties, including death, for capital crimes such as mutiny or desertion, reflecting the exigencies of maintaining discipline in isolated, hierarchical shipboard environments where lapses could endanger the entire crew.^[15] The 1661 framework drew from earlier customs but codified them statutorily post-Restoration, prioritizing the king's prerogative over naval governance to ensure loyalty and operational readiness amid frequent Anglo-Dutch conflicts.^[15] Subsequent revisions addressed evolving threats and high-profile failures, notably the 1749 Act, which amended Article 12 to require execution for any commander-in-chief or flag officer who "does not do his utmost" to engage or destroy enemy vessels, a response to perceived hesitancy in prior engagements.^[23] This provision's rigidity culminated in the 1757 execution of Vice-Admiral John Byng for failing to relieve Minorca during the Seven Years' War, underscoring the articles' intent to deter inaction through exemplary punishment, though it prompted later 1779 amendments allowing discretionary sentencing in such cases to mitigate inflexibility.^[24] The articles specifically targeted naval-specific violations, such as desertion at sea—punishable by death or equivalent under Article 20, given the irreplaceable nature of sailors far from shore—or drunkenness impairing duty, which risked ship loss and carried penalties up to execution for officers (Article 21).^[25] Captains held sweeping powers in courts-martial, including summary justice for drunkenness or sleeping on watch (Article 23), adaptations absent in land codes to enforce vigilance against maritime hazards like storms or enemy ambushes.^[25] These regulations underpinned the Royal Navy's 18th- and 19th-century supremacy by fostering iron discipline across expanding fleets, enabling sustained blockades and global operations during conflicts like the Napoleonic Wars, where over 100,000 personnel were mobilized without systemic breakdown.^[26] Following the 1797 Nore Mutiny—where crews at the Thames estuary demanded pay hikes, better provisions, and curbs on arbitrary flogging—Parliament enacted partial reforms, including wage increases and oversight of abusive officers, which quelled unrest and reduced subsequent mutinies, as evidenced by the absence of comparable fleet-wide revolts through Trafalgar and beyond.^[27] This enhanced stability allowed Britain to leverage naval power for trade protection and enemy attrition, contributing to victories that secured maritime hegemony until the mid-19th century.^[26]

British Army Codes

The British Army's disciplinary codes, distinct from Royal Navy regulations by prioritizing land warfare exigencies such as infantry cohesion amid continental maneuvers, originated with the Mutiny Act of 1689, an annual parliamentary measure that authorized punishments for mutiny and desertion while curbing monarchical overreach in martial law application.^[28] This act, renewed yearly to maintain legislative oversight, was paired with royal-issued Articles of War that delineated specific military offenses and penalties, evolving from earlier Stuart-era precedents into a comprehensive framework by the early 18th century.^[29] Unlike naval codes emphasizing maritime desertion and shipboard order, army articles targeted terrestrial challenges, including plunder prevention and unit integrity during extended campaigns. Over the 18th and 19th centuries, the Articles expanded to exceed 100 provisions, incorporating detailed rules on theft (punishable by death or transportation), insubordination (via fines or demotion for officers, corporal punishment for enlisted), and battlefield conduct such as fleeing from the enemy, which mandated execution to preserve fighting spirit.^[30] The Mutiny Act saw amendments, notably in 1803, refining mutiny definitions and integrating auxiliary regulations like quartering protocols, thereby adapting to imperial demands without supplanting core punitive structures until the Army Discipline and Regulation Act of 1879. These codes enforced hierarchy through graduated courts: regimental for minor infractions, general for grave ones, and expedited field tribunals—often termed drumhead courts-martial, convened atop a drum for immediacy—to deliver rapid verdicts amid active operations.^[31] Such mechanisms demonstrably sustained order in grueling theaters, as evidenced by the British Army's relative absence of large-scale mutinies during the American Revolution (1775–1783), where strict enforcement correlated with tactical resilience despite logistical strains and high casualties.^[30] Floggings, capped at 2,000 lashes but typically 300–1,200 for cowardice or theft, served as a deterrent, with historical analyses attributing army effectiveness in disciplined advances—such as at Bunker Hill (1775)—to this corporal regime's role in curbing desertion rates below 10% annually in North America.^[30] ^[32] Yet rigidity drew critique for excess, as lashings inflicted permanent injury or death in up to 20% of severe cases, prompting parliamentary debates on efficacy versus brutality, though contemporaries like the Duke of Wellington deemed them causally essential for commanding reluctant recruits drawn from urban poor.^[33] Reforms gradually moderated this by mid-19th century, substituting imprisonment for routine floggings while retaining capital sanctions for desertion in face of enemy.^[34]

United States Articles of War

Continental Congress Adoption (1775)

On June 30, 1775, the Continental Congress adopted a set of 69 articles to establish military discipline for the newly formed Continental Army, addressing the urgent need for order amid the outbreak of hostilities with Britain.^[1]^[35] These rules took effect on August 10, 1775, and were designed to govern officers and soldiers in a force composed largely of short-term volunteers and state militiamen lacking the cohesion of professional troops.^[36] The adoption occurred shortly after Congress authorized the army on June 14, 1775, and appointed George Washington as commander-in-chief, reflecting a deliberate effort to impose structure on irregular colonial forces facing a disciplined British adversary.^[37] The articles were modeled closely on British military codes, particularly provisions from earlier English regulations, but adapted to suit the republican context of the United Colonies by substituting oaths of fidelity to Congress rather than the Crown.^[4] Article I required every officer upon commissioning and every soldier upon enlistment to subscribe to a declaration affirming voluntary service to the United Colonies and promising obedience to officers and the Continental Congress.^[1] This oath emphasized loyalty to the emerging revolutionary authority, prohibiting desertion, correspondence with the enemy, or actions aiding British forces, with violations punishable by death to deter disaffection in untested ranks.^[1] Provisions against plunder underscored the code's focus on maintaining civilian support and moral order, forbidding soldiers from seizing property without authority and imposing fines, drumming out of camp, or corporal punishment for theft from inhabitants or comrades.^[3] Mutiny and sedition carried the death penalty, as did cowardice in the face of the enemy or sleeping on guard duty, reflecting the severity needed to forge reliability from disparate volunteers prone to indiscipline.^[3]^[38] Unlike some British precedents, the Continental version capped lashes at 39 for lesser offenses, signaling a moderation influenced by colonial aversion to monarchical absolutism while still prioritizing unit cohesion for survival against superior British professionalism.^[39] These articles filled critical gaps in militia practices, where lax enforcement had hindered effectiveness, enabling Washington to enforce standards that sustained the army through early campaigns despite enlistment challenges and supply shortages.^[30] By codifying courts-martial procedures and command authority, the code laid foundational discipline, though enforcement varied due to the army's nascent state and reliance on state quotas.^[36]

Revisions Through the 19th Century

In 1806, the U.S. Congress enacted a major revision of the Articles of War via the Act of April 10, 1806, expanding the code from prior versions to 101 articles that detailed offenses, courts-martial procedures, and punishments for the regular army and federalized militia.^[40] This statutory integration codified federal authority over military discipline, adapting British models to prioritize chain-of-command enforcement while specifying exemptions for state-specific practices, including tolerances for slave-owning officers' use of enslaved servants in non-combat roles, which later drew criticism for embedding moral inconsistencies in a code ostensibly focused on universal order. During the Mexican-American War (1846–1848), the 1806 Articles governed U.S. Army operations, with courts-martial applied to curb disorder in occupation zones and among volunteers prone to desertion. Proceedings targeted mutiny and insubordination, as in the 1848 trial of John C. Frémont for unauthorized actions in California, where he was convicted but later pardoned; such tribunals enforced deterrence, contributing to operational cohesion despite logistical strains.^[41]^[42] By the Civil War (1861–1865), the Articles underpinned Union efforts to federalize state militias and enforce the Enrollment Act of March 3, 1863, which imposed the first national draft on men aged 20–45, supplemented by provost marshals empowered under military jurisdiction to prosecute evasion.^[43] Courts-martial handled thousands of desertion and draft resistance cases, with punishments like execution or hard labor reinforcing compliance; though direct draftees numbered under 6% of Union forces, this framework psychologically sustained recruitment and discipline, enabling federal override of state resistance and causally supporting the maintenance of over 2 million troops critical to Northern victory.^[44]

20th Century Updates and World Wars

The revision of the Articles of War commenced in 1912 amid post-World War I evaluations of military justice needs, culminating in congressional hearings that addressed procedural gaps exposed by wartime administration of discipline.^[45] These efforts produced the 1920 Articles of War, enacted on June 4, 1920, as Chapter II of the Army Reorganization Act (41 Stat. 759), which took effect February 4, 1921, except for Articles 2, 23, and 45 that applied immediately.^[6] ^[46] The updates refined court-martial procedures, expanded jurisdiction over certain offenses, and emphasized commander authority to ensure order in a professionalizing force, incorporating lessons from the rapid mobilization and demobilization of 1917–1918.^[45] These Articles governed U.S. Army discipline through World War II, adapting to technological shifts such as aviation integration via the Army Air Forces and emerging mechanized warfare units without fundamental structural overhauls until postwar reforms.^[6] The system's framework supported enforcement across diverse units, from infantry to air and armored elements, by standardizing punishments for violations like desertion and disobedience, which proved scalable amid the Army's expansion from 190,000 personnel in 1939 to over 8 million by 1945.^[47] World War II imposed unprecedented strains on the Articles due to the sheer volume of personnel and operational tempo, resulting in approximately 1.7 million courts-martial across U.S. armed forces from 1941 to 1945, with the Army accounting for the majority.^[48] ^[49] In theaters like Europe, where U.S. forces faced intense combat and logistical challenges, the Articles enabled rapid adjudication of offenses—such as absence without leave and conduct prejudicial to good order—preventing widespread breakdowns in cohesion despite isolated incidents of resistance to orders.^[50] This volume of proceedings underscored the system's effectiveness in deterrence, as conviction and punishment processes reinforced accountability, sustaining combat readiness without evidence of systemic collapse that would undermine operational efficacy.^[50] The emphasis on swift military justice under Article 37, which limited reversals on technical grounds, prioritized discipline over procedural leniency, aligning with causal demands of wartime command where unit integrity directly impacted survival and mission success.^[51]

Criticisms and Reforms

Command Influence and Due Process Concerns

The convening authority, typically the commanding officer under the Articles of War, held substantial discretion in the court-martial process, including the selection of court members from subordinates, appointment of trial and defense counsel, referral of charges to trial, and post-trial review authority to approve, disapprove, or modify findings and sentences.^[52]^[53] This structure inherently risked undue command influence, as the same officer responsible for unit discipline could shape proceedings to align with operational priorities, potentially subordinating judicial impartiality to hierarchical pressures.^[54] General Samuel T. Ansell, acting Judge Advocate General from 1917 to 1919, emerged as a leading reformer, drawing on World War I observations to critique the system's bias toward conviction. In February 1919 testimony before the Senate Committee on Military Affairs, Ansell described courts-martial as perpetrating "gross, terrible injustice," emphasizing how commanders routinely disapproved acquittals—such as in cases where over 10% of exonerated soldiers were retroactively deemed guilty by direct order—and imposed severe sentences reflecting personal or command preferences rather than evidence.^[55]^[56] He advocated statutory limits on convening powers, including mandatory pretrial investigations independent of command, to curb this sway, arguing that empirical wartime patterns showed outcomes driven more by superior influence than legal merits.^[57] World War I data underscored these due process flaws, with approximately 6,000 general courts-martial yielding conviction rates exceeding 85% and over 50% resulting in dishonorable discharges, yet commanding officers' reviews frequently altered acquittals or mitigated sentences selectively, fostering perceptions of arbitrariness.^[58]^[56] Such inconsistencies contributed causally to morale erosion, as soldiers viewed the process as an extension of command retribution rather than fair adjudication, with higher post-trial interventions correlating to distrust in military justice efficacy.^[55] Proponents of the existing framework, including War Department leaders opposing Ansell's proposals, maintained that vesting authority in commanders ensured swift, context-specific discipline vital for battlefield readiness, citing the system's capacity for rapid resolutions—often within days—versus protracted civilian trials, which preserved unit cohesion during active operations.^[59]^[45] They argued this operational necessity outweighed reform risks, supported by evidence of effective deterrence against desertion and insubordination in prior conflicts, though critics countered that unchecked discretion amplified miscarriages over long-term equity.^[53]

Harsh Punishments and Notable Cases

The Articles of War prescribed capital punishment for serious offenses such as desertion, mutiny, and neglect of duty, with execution serving as a deterrent to maintain unit cohesion in high-stakes combat environments.^[60] A prominent British case involved Admiral John Byng, who was court-martialed and executed by firing squad on March 14, 1757, aboard HMS Monarch in Portsmouth Harbor for violating the 12th Article of War by failing to "do his utmost" against a French squadron during the failed relief of Minorca.^[24] Byng's death, though controversial for its perceived scapegoating amid strategic setbacks, exemplified the code's emphasis on exemplary punishment to prevent laxity among officers, as the revised articles explicitly mandated death for such failures to encourage vigilance.^[61] Flogging emerged as a staple non-capital penalty in the British Army under the Articles, administered publicly to instill fear and reinforce hierarchy, though its severity drew early humanitarian scrutiny. Sentences could exceed 300 lashes for infractions like insubordination or theft, but by the mid-19th century, reforms capped routine floggings at around 100 lashes to mitigate risks of permanent injury or death, reflecting empirical observations of excessive corporal punishment's potential to erode morale without proportional disciplinary gains.^[62] During the Napoleonic Wars, including the Battle of Waterloo on June 18, 1815, strict enforcement of such measures—coupled with swift courts-martial—sustained the British Army's cohesion against numerically superior foes, with low desertion rates attributed to the visible threat of severe reprisal.^[63] In the United States, the Articles of War similarly authorized death for desertion, leading to 147 Union Army executions during the Civil War (1861–1865) amid over 200,000 recorded deserters, a rate approaching 10% of total enlistments.^[64] ^[65] These executions, often conducted before assembled units for maximum deterrent effect, addressed acute manpower attrition exacerbated by prolonged campaigns and hardships, where unchecked desertion threatened operational integrity.^[66] Proponents argued the measures empirically preserved fighting strength, as evidenced by Union victories despite high absenteeism, while critics highlighted cases of disproportionate severity, such as the execution of fragile recruits, fueling post-war debates on balancing deterrence with equity.^[65] Historical analyses indicate that such harsh applications correlated with sustained discipline in decisive engagements, underscoring the codes' causal role in enabling victory through enforced reliability over leniency.^[63]

Legacy and Evolution

Transition to Modern Codes

Following World War II, revelations from wartime courts-martial, including instances of excessive command influence and procedural inconsistencies across U.S. military branches, prompted initial reforms to the Articles of War via the Elston Act of 1948, which enhanced appellate review and standardized certain disciplinary processes to mitigate identified gaps in fairness during large-scale mobilizations.^[67] These amendments addressed empirical shortcomings exposed by over 70,000 general courts-martial conducted from 1941 to 1945, where command discretion often determined outcomes without independent judicial oversight, but proved insufficient for unifying justice systems amid inter-service disparities.^[7] The Uniform Code of Military Justice (UCMJ) marked the decisive transition, enacted by Congress on May 5, 1950, and signed into law by President Harry S. Truman on May 6, becoming effective on May 31, 1951.^[67] This code supplanted the Articles of War by establishing a singular framework applicable to all armed services, introducing law officers—later military judges—with greater independence from convening authorities, and creating the Court of Military Appeals for civilian-led appellate review to curb command dominance in prosecutions and sentencing.^[40] The shift responded causally to WWII data showing conviction rates exceeding 95% in some commands, attributable to prosecutorial biases rather than evidentiary rigor, thereby prioritizing procedural safeguards over expediency while preserving military necessity for swift discipline.^[68] In parallel, the United Kingdom's Army Act 1955 abolished the Articles of War, integrating them into a consolidated statutory regime that replaced annual parliamentary renewals under the Mutiny Act with permanent provisions for enlistment, offenses, and trials.^[69] This reform retained core disciplinary imperatives—such as summary powers for commanders—but incorporated post-war alignments with emerging human rights norms, including appeals to civilian courts, driven by experiences of over 2,000 executions under wartime discipline that highlighted tensions between order and equity.^[69] Empirical outcomes under both systems evidenced fairer adjudications, with UCMJ implementations correlating to initial declines in summary convictions by approximately 20% in the early 1950s due to elevated burdens of proof and reduced deference to command preferences, though processes lengthened to accommodate reviews.^[40]

Enduring Principles in Military Discipline

The Articles of War codified principles of absolute obedience to lawful orders and hierarchical command authority, which persist in the Uniform Code of Military Justice (UCMJ) through provisions like Article 90 (willfully disobeying a superior commissioned officer) and Article 92 (failure to obey order or regulation), mandating swift accountability to preserve operational integrity. These elements emphasize that military efficacy depends on enforced subordination, where individual deviation risks collective failure, a continuity rooted in the original articles' requirement for utmost efforts to suppress sedition.^[5] Similarly, the UK's Armed Forces Act retains comparable structures for command responsibility, underscoring global adoption of these deterrence mechanisms over permissive alternatives that could erode unit reliability. Oath enforcement, central to the Articles of War, endures as a foundational deterrent against disloyalty, with UCMJ Article 83 upholding enlistment oaths as binding contracts punishable by courts-martial for breach, thereby linking personal allegiance to systemic discipline. Mutiny deterrence, via capital penalties in historical articles, informs modern UCMJ Article 94, which criminalizes sedition or failure to suppress it, reflecting empirical recognition that unchecked internal dissent historically precipitated defeats by fracturing cohesion.^[6] These principles indirectly shaped laws of armed conflict, as the 1863 Lieber Code modernized Union Army conduct by integrating disciplinary hierarchies from prevailing military codes to balance restraint with enforcement during occupation.^[8] Empirical military analyses affirm that rigorous discipline causally enhances combat outcomes by fostering unit cohesion and minimizing disruptions like desertion, with studies identifying it as a key reinforcer of performance where lapses correlate with impaired effectiveness.^[70] In the 1991 Gulf War, U.S. forces exemplified this through negligible desertion amid high operational tempo—contrasting sharply with adversary rates exceeding 20-50%—attributable to preemptive disciplinary regimes that sustained rapid advances and low misconduct.^[71] Reforms diluting command authority, such as those reducing prosecutorial discretion, risk inverting this dynamic by prioritizing individual protections over proven collective imperatives, as evidenced by critiques linking eroded hierarchy to potential cohesion deficits in high-stakes environments.^[72]

References

[1]
Journals of the Continental Congress - Articles of War, June 30, 1775
The Congress met according to adjournment. The consideration of the articles of war being resumed, Congress agreed to the same: Rules and Regulations.
[2]
Articles of War (1912-1920) | Military Law and Legislative Histories
The Articles of War was enacted on June 4, 1920 and remained in effect through World War II until the Uniform Code of Military Justice came into effect in 1951.
[3]
The Articles of War - Discover Lewis & Clark
The first U.S. Articles of War, which comprised a comprehensive set of military laws concerning personal conduct and loyalty, were modeled on recently written ...
[4]
Lore of the Corps: The Articles of War and the American Revolution
Sep 2, 2025 · Yet the Articles of War of 1775 also reflected distinctly American attitudes and experiences with military justice, and the American Founders' ...
[5]
Avalon Project - Articles of War; September 20, 1776 - Avalon Project
Any officer or soldier who shall begin, excite, cause or join, in any mutiny or sedition, in the troop, company or regiment to which he belongs, or in any other ...Missing: history definition
[6]
HyperWar: The Articles of War, Approved June 4, 1920 - Ibiblio
The new Articles of War are to become effective February 4, 1921, with the exception of articles 2, 23, and 45, which became effective immediately.
[7]
[PDF] Why did congress Amend the Articles of War after World War II?
May 7, 2025 · This article argues that congress enacted legislation that changed the Articles of War for two reasons. First, congress was responding to ...
[8]
ABOUT ARTICLES OF WAR - Lieber Institute - West Point
As the name suggests, Articles of War describes our mission as a platform for debate and commentary on contemporary issues in the law of armed conflict. However ...Missing: definition | Show results with:definition
[9]
Decimation (punishment) - Wikipedia
In the military of ancient Rome, decimation was a form of military discipline in which every tenth man in a group was executed by members of his cohort.
[10]
The Crime of Desertion in Roman Law | In Custodia Legis
Jul 12, 2016 · Desertion was a serious crime under Roman military law, as it meant the violation of a sacred military oath of allegiance that was given to military commanders.Missing: medieval | Show results with:medieval
[11]
Punishments and Military Justice in the Roman Legions - Res Militares
Aug 1, 2025 · Roman legionaries faced brutal punishments to maintain discipline—from decimation to flogging. Discover how military justice shaped Rome's ...
[12]
The Articles of War - jstor
Of the early written military laws of western Europe, the first authentic instance appears to have been those embraced in the Salic code. Originally issued ...
[13]
Medieval and Renaissance Ordinances of War: Codifying Discipline ...
It focuses on the protective provisions of the ordinances, norms that articulated principles of humanity, and other rules that shaped the evolving law of war, ...
[14]
WAR, VIOLENCE, AND LAWS OF WAR – MILITARY ...
Manning delivered what he set out to do – this is a book about the development of the military profession in Britain and Ireland from 1585 to 1702, and it is a ...
[15]
Navy Act 1661 - Legislation.gov.uk
1661 CHAPTER 9 13 Cha 2 st 1. An Act for the Establishing Articles and Orders for the regulateing and better Government of His Majesties Navies Ships of Warr & ...
[16]
Legislation on naval discipline - Royal Navy
The Articles of War for the Royal Navy were first formalised in an Act of Parliament passed in 1661, soon after the restoration of Charles II (although based ...
[17]
https://www.usni.org/magazines/proceedings/1919/march/history-discipline-navy
[18]
On The History Of Discipline In The Navy - March 1919 Vol. 45/3/193
The articles, in fact, are the charter of the rights, the duties, the obligations, and the privileges of the officers and men in the navy—their Bible, so to say ...
[19]
The First Anglo-Dutch War: Overview - BCW Project
In contrast to Dutch practice, the English concentrated on building larger and heavier ships, which sacrificed speed and manoeuvrability for firepower. English ...
[20]
The balance of sea power in the early modern era: The Anglo-Dutch ...
Aug 28, 2024 · This article compares the English and Dutch sea powers or fleets during the three Anglo-Dutch Wars (1652–1674).
[21]
Commission from the Continental Congress, 19 June 1775
4. The articles of war were adopted by Congress on 30 June, a week after GW left Philadelphia, and on 5 July Hancock forwarded them to Cambridge.
[22]
Mutiny Act, [15 April 1756] - Founders Online
The bill sought to meet criticisms of its inadequacy and in particular to provide punishment for mutiny and desertion among troops in active service.
[23]
[PDF] British Military Law, Discipline, and the Conduct of Regimental ...
F. B. Wiener, Civilians Under Military Justice (Chicago,. 1967) has much useful information on the development of British military law in the eighteenth century ...<|control11|><|separator|>
[24]
[PDF] Royal Navy Articles of War - Colloquy Downeast
The Articles of War were read publicly at the commissioning of new ships, at least once a month, usually when church was rigged on Sunday, when an offender's ...<|separator|>
[25]
The Sad Fate of Admiral Byng | Naval History Magazine
It was rare for a high-ranking Royal Navy officer to be executed at sea, but it fell unto the lot of Admiral John Byng on 14 March 1757.
[26]
Royal Navy Articles of War - 1757
Every person in or belonging to the fleet, who shall desert or entice others so to do, shall suffer death, or such other punishment as the circumstances of the ...
[27]
[PDF] Hearts of Oak—The Pillars of British Naval Dominance, 1793-1805
While powerful, the Royal Navy of the mid-seventeenth century was by no means the dominant military force in the world. However, during the course of the next ...
[28]
Research guide B8: The Spithead and Nore mutinies of 1797
Their demands were concerned with improved pay and conditions, and better treatment in general. Some officers considered to ill treat their crews were sent ...
[29]
Mutiny Act | Great Britain [1689] - Britannica
The Mutiny Act (1689) restrained the monarch's control over military forces in England by restricting the use of martial law. It was passed for one year only; ...
[30]
[PDF] Historical Sketch of Military Law - Scholarly Commons
SUMMARY. From the above we see-. (1). That the Articles of War were in early times actually what the name implied, viz., Articles for the Government and ...
[31]
British Discipline During the Revolutionary War
Dec 14, 2023 · British discipline was governed by the Articles of War, a collection of over one hundred regulations that set the expectations of enlisted men and officers.
[32]
Mutiny Acts - Wikipedia
The Mutiny Acts were an 159-year series of annual acts passed by the Parliament of England, the Parliament of Great Britain, and the Parliament of the United ...
[33]
Edifying Terror: Publicity and the Problem of Punishment - The Junto
Oct 2, 2015 · The brutality of military discipline in the British Army, which regularly sentenced enlisted soldiers to severe floggings of hundreds of lashes ...
[34]
[PDF] Desertion from the British Army during the Napoleonic Wars
25 The annual Mutiny Act was equally terse, only codifying that a soldier who enlisted in any other form of military service without a proper discharge was a ...
[35]
The Reformation of Conduct: Transforming Military Discipline in ...
Flogging was finally abolished in the British army in 1881.19Close. While some military men supported the calls for reform, the abolition of flogging ...
[36]
British Military Law and the Death Penalty (1868-1918)
There were three forms of serious punishment available to courts-martial : imprisonment, flogging and marking (known as branding, this was itself abolished in ...
[37]
MILITARY LAW IN THE CONTINENTAL ARMY - HeinOnline
The Articles of War adopted in June 1775 consisted of 69 articles, arranged seriatim without captions or subheads. In addition to the officers and soldiers ...
[38]
Military Justice Under General Washington - jstor
modified to make the punishment less severe. The military code adopted by the Conti- nental Congress on June 30, 1775, and placed in effect on August 10, 1775, ...<|separator|>
[39]
1775 | Timeline | Articles and Essays | Digital Collections
British troops continued to attempt to seize colonial ammunition, but were turned back in Massachusetts, without any violence. Royal authorities decided that ...
[40]
George Washington and the Foundations of Civilian Control of the ...
While Washington was en route to Cambridge—he took command of the forces there on 3 July 1775—Congress issued sixty-nine “articles of war.” These outlined ...
[41]
[PDF] The Life and Soul of an Army: Discipline and Professionalism in
May 19, 2019 · The 1775 Continental Articles of War did not stray from this military tradition and allowed a maximum of thirty-nine lashes for enlisted men ...Missing: pre | Show results with:pre<|separator|>
[42]
Military Justice in the Army - The Army Lawyer 2023 Issue 2
Jan 4, 2024 · 1. Articles of War of 1806, reprinted in 2 William Winthrop, Military Law and Precedents 1509 (1886). 2. See Judge Advoc.
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This week in history: John C. Frémont is court-martialed for mutiny
Feb 3, 2016 · On Jan. 31, 1848, U.S. Army officer John C. Frémont was found guilty of mutiny for his actions in California during the Mexican-American War ...
[44]
[PDF] The Occupation of Mexico, May 1846-July 1848
Under the 1806 Articles, they would be put on trial either in local Mexican civil courts or in civilian courts in the United States. ... Polk's Army: The American ...
[45]
Conscription Act - The Civil War: The Senate's Story
Senator Henry Wilson, chairman of the Committee on Military Affairs, sponsored the Conscription Act of 1863, which established the first national draft system.Missing: Articles | Show results with:Articles
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[PDF] The Successful Failure of Union Conscription 1862-1865. - DTIC
The 1863 draft failed to raise troops, with less than 6% conscripted, but its psychological effects helped the Union win.
[47]
[PDF] Revision of the Articles of War, 1912-1920, Volume 1 - Loc
This document is about the revision of the Articles of War from 1912-1920, including placing the Judge Advocate General's Department under the Ordnance ...
[48]
[PDF] Military Penal Law a Brief Survey of the 1920 Revision of the Articles ...
242, 66th. Congress (Army Reorganization Act) approved June 4, 1920, that the revisiori of the Articles of War has been embodied, as. Chapter II, in that Act ( ...Missing: date | Show results with:date
[49]
[PDF] The U.S. Cavalry and Mechanization, 1928 - 1940 - DTIC
May 15, 1995 · In the 1920s and 1930s, the United States Cavalry confronted fundamental questions about its identity framed within the context of intense ...
[50]
[PDF] Military Justice Without Military Control
For example, there were 1.7 million American courts-martial during World War. II with procedures which lacked such basic due process rights as legally ...
[51]
https://www.theatlantic.com/magazine/archive/1946/12/army-courts-martial-the-dourle-standard/656913/
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[PDF] The Military Justice Conundrum: Justice or Discipline?
with the Articles of War, the system was treated as a way to permit the commander to exercise his powers to provide good order and discipline in his unit.
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Army Courts-Martial: The Dourle Standard - The Atlantic
Article of War 37, however, adds fuel to the controversy by providing in substance that the judgment of a trial court shall not be set aside because of any ...
[54]
[PDF] The Background of the Uniform Code of Military Justice
Ansell proposed that the investigation and report be made mandatory by statute and that no charge should be referred for trial unless an officer of the Judge ...
[55]
[PDF] The Court-Martial: A Historical Survey
The roots of the court-martial run deep. They predate written military codes designed to bring order and discipline to an armed, sometimes barbarous fighting ...Missing: medieval | Show results with:medieval
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https://www.marxists.org/history/etol/newspape/fi/vol02/no03/cort.htm
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Khaki Justice - The Atlantic
In February, 1919, testifying before the Senate Military Affairs Committee, General Ansell branded the system as “gross, terrible injustice.” He cited such ...<|separator|>
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Michael Cort: The Court-Martial System of the US Army (March 1941)
Of the 6,000 tried, only 800 were acquitted, and of those acquitted over ten per cent were subsequently found guilty by direct order of the commanding officers.Missing: overturned WWI
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[PDF] Trial by Peers: Enlisted Members on Courts-Martial
Their spokesman, General Samuel T. Ansell, based upon his first- hand knowledge of military justice, recommended new Articles of War, "... to supercede personal ...
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ANSELL CITES MANY CONVICTIONS IN ARMY
... conviction. "Of every 100 cases of enlisted men tried by a general court-martial fifty-one result in a sentence of dishonorable discharge, and last year's ...
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Military Justice and the Role of the Convening Authority | Proceedings
A commander's decisions on military justice matters have an impact on emerging issues. Disaggregating convening authority from command authority could ...
[62]
Military Justice - 1914-1918 Online
Oct 8, 2014 · The Austro-Hungarian code authorized extensive use of drumhead courts-martial (Standgerichte) that severely limited the rights of defendants and ...
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John Byng: The Scapegoating of an Admiral - HistoryNet
Dec 8, 2020 · On March 14, 1757, Admiral John Byng was shot by a firing squad of ... Eleven years earlier the Articles of War had been revised to ...<|separator|>
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To flog, or not to flog: Crime and Punishment in the British Army
May 22, 2021 · I wonder how soldiers could survive such harsh treatment of punishment - like 1500 lashes, even when split into several series and why the officers in general ...
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"In no service or country is the ceremony so awful and impressive ...
During the period, 1793-1815, the discipline of British army was very strictly maintained and offenders were severely punished. It has been calculated that ...
[66]
[PDF] Civil War Deserters: Cowards or Heroes?
Only 147 Union soldiers were executed for desertion."It was just not practical to kill that many soldiers. Also, each side needed all the men they could get.
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Desertion, Cowardice and Punishment - Essential Civil War ...
Desertion proved a far more difficult problem for both sides. Official figures show slightly over 103,000 Confederate soldiers and over 200,000 Union soldiers ...
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Military Executions during the Civil War - Encyclopedia Virginia
Approximately 500 men, representing both North and South, were shot or hanged during the four-year conflict, two-thirds of them for desertion.
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Uniform Code of Military Justice (1946-1951) | Articles and Essays
The Uniform Code of Military Justice (UCMJ) took effect in 1951 and the foundation for military law in the United States.
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Uniform Code of Military Justice | Proceedings - U.S. Naval Institute
It was passed by that body on May 5, 1949. The Senate Committee on Armed Services commenced hearings on the bill on May 9, 1949, and completed them on May 27, ...
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Army Act 1955 (repealed) - Legislation.gov.uk
Changes to legislation: There are currently no known outstanding effects for the Army Act 1955 (repealed).
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[PDF] MILITARY JUSTICE A REINFORCER OF DISCIPLINE
case to the convening authority.83 In this article 32 investigation, the investi- gating officer must impartially and judiciously determine whether the evi ...
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[PDF] of discipline in the us army - DTIC
Findings : Results indicated three distinguishable conceptualized components of military unit discipline--unit performance, unit appearance, and unit conduct. ...
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The Impact of Military Justice Reform on Command Responsibility
Jun 1, 2021 · This could be done by expressly amending Article 18 to state that commanders retain convening authority over law of war offenses and that the ...Missing: criticisms | Show results with:criticisms