A Treatise On Courts Martial

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This is an OCR edition with typos.
Excerpt from book:
Officers, like all other of his Majefty's Servants, muft obey his orders, which are conveyed to them through a mini- fter, and if that minifter takes upon him to make ufe of his Mafter's name without authority, it is not the bufi-...
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Overview

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free.
This is an OCR edition with typos.
Excerpt from book:
Officers, like all other of his Majefty's Servants, muft obey his orders, which are conveyed to them through a mini- fter, and if that minifter takes upon him to make ufe of his Mafter's name without authority, it is not the bufi- nefs of an Officer, any more than of another fubjecl: to difpute orders given under that fandtion. That Officers may have been tools to minifters is far from being impoffible ; no profeffion can be expected to have all it's members pure and incorrupt, but the Faults of individuals neither can nor mould bring cenfure on a whole body : Though I deny that a Gentleman the Moment he enters the fervice, barters his rights and privileges for a laced Coat and feather, yet I do not pretend to fay, that thofe Ornaments indue him with Infallibility. I Have now gone through all this author's arguments, his inlignificancy did not intitle him to fo much notice, but the refuting what he had advanced furnifhed me with an opportunity of D offeringoffering what I had to fay, in regard to my own fubject. 1 fhall now attempt to fhevv the Juftice of Martial law and of Courts Martial flill more fully, by comparing the form of tryal by Courts Martial with that of a Court of law. A Criminal brought before a Court .Martial, enjoys the fame Privileges as in a Court of law, of being tried by Jury of his peers or equals, which the Englijh fo juftly boaft of; for peers, I think I may without impropriety call them in all cafes, for though the prifoner be only a private centinel, as all the Officers who are members of the court are liable to be tried by the fame laws and for the fame crimes, their fuperior Rank -j can be no reafon for not regarding them as his peers. Even in a trial by a Jury in a Court law, I do not imagine that a prifoner would except againft a Juror merely be...
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Product Details

  • ISBN-13: 9780217667081
  • Publisher: General Books LLC
  • Publication date: 8/16/2009
  • Pages: 28
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.06 (d)

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Officers, like all other of his Majefty's Servants, muft obey his orders, which are conveyed to them through a mini- fter, and if that minifter takes upon him to make ufe of his Mafter's name without authority, it is not the bufi- nefs of an Officer, any more than of another fubjecl: to difpute orders given under that fandtion. That Officers may have been tools to minifters is far from being impoffible ; no profeffion can be expected to have all it's members pure and incorrupt, but the Faults of individuals neither can nor mould bring cenfure on a whole body : Though I deny that a Gentleman the Moment he enters the fervice, barters his rights and privileges for a laced Coat and feather, yet I do not pretend to fay, that thofe Ornaments indue him with Infallibility. I Have now gone through all this author's arguments, his inlignificancy did not intitle him to fo much notice, but the refuting what he had advanced furnifhed me with an opportunity of D offeringoffering what I had to fay, in regard to my own fubject. 1 fhall now attempt to fhevv the Juftice of Martial law and of Courts Martial flill more fully, by comparing the form of tryal by Courts Martial with that of a Court of law. A Criminal brought before a Court .Martial, enjoys the fame Privileges as in a Court of law, of being tried by Jury of his peers or equals, which the Englijh fo juftly boaft of; for peers, I think I may without impropriety call them in all cafes, for though the prifoner be only a private centinel, as all the Officers who are members of the court are liable to be tried by the fame laws and for the fame crimes, their fuperior Rank -j can be no reafon for not regarding them as his peers. Even in atrial by a Jury in a Court law, I do not imagine that a prifoner would except againft a Juror merely be...
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