The Articles of War Act

[Trotxâ]

Fellow Senators, and Members of the Cosa -

The Royal Talossan Navy needs a uniform code of justice, so that the officers and enlisted ranks know how they will be judged, and so that discipline in the Navy is not a random or variable situation. I offer these Articles as a starting place for a discussion on a code of justice.

Please share your thoughts on this proposed legislation.

Thanks!

Trotxâ
_____________________

Whereas, It is upon the Royal Navy that, under the good providence of God, the wealth, prosperity and peace of our Kingdom and her citizens do mainly depend; and

Whereas, Certain articles are needed for the proper discipline of His Majesty's Navy; and

Whereas, Neither of the Acts of the 24th Cosa, #24PD5: Establishing a Sub-Ministry of the Navy, or #24PD7: Establishing the Talossan Royal Navy, detail the expectations for the fighting forces of the Talossan Royal Navy; and

Whereas, This act realizes that it is impossible to tell if this issue has been addressed before because the Ziu does not have access to the complete records of earlier legislation which were misappropriated by previous citizens; and

Whereas, Current known law does not supply the required articles needed for the proper discipline of His Majesty's Naval forces.

Therefore: Let the following Articles of War, which supersede (if needed) any unknown previous acts, be adopted by the Ziu for the welfare of the Royal Talossan Navy:

THE ARTICLES OF WAR

1. Every officer in the Navy, who, upon signal or order of fight, or sight of any enemy which it may be his duty to engage, or who, upon likelihood of engagement, shall not make the necessary preparations for fight, and shall not in his own person, and according to his place, encourage the inferior officers and enlisted ranks to fight courageously, shall suffer death, or such other punishment, as from the nature and degree of the offence a court martial shall deem him to deserve; and if any person in the Navy shall treacherously or cowardly yield or cry for quarter, every person so offending, and being convicted thereof by the sentence of a court martial, shall suffer death.

2. Every person in the Navy, who shall not duly observe the orders of a superior officer for assailing, joining battle with, or making defense against any enemy, or who shall not obey the orders of his superior officer as aforesaid in the time of action, to the best of his power, or shall not use all possible endeavours to put the same effectually into execution, every person so offending, and being convicted thereof by the sentence of the court martial, shall suffer death, or such other punishment, as from the nature and degree of the offence a court martial shall deem him to deserve.

3. Every person in the Navy, who through cowardice, negligence, or disaffection, shall in time of action withdraw or keep back, or not come into the fight or engagement, or shall not do his utmost to take or destroy every enemy which it shall be his duty to engage, and to assist and relieve all and every of His Majesty's ships, fortifications or forces, or those of his allies, which it shall be his duty to assist and relieve, every such person so offending, and being convicted thereof by the sentence of a court martial, shall suffer death.

4. Every person in the Navy, who though cowardice, negligence, or disaffection, shall forbear to pursue the chase of any enemy, pirate or rebel, beaten or flying; or shall not relieve or assist a known friend in view to the utmost of his power; being convicted of any such offense by the sentence of a court martial, shall suffer death.

5. If, when any action or service is commanded, any person in the Navy shall presume to delay or discourage the said action or service, upon pretence of arrears of wages, or upon any pretence whatsoever, every person so offending, being convicted thereof by the sentence of the court martial, shall suffer death, or such other punishment, as from the nature and degree of the offense a court martial shall deem him to deserve.

6. Every person in or belonging to the Navy, who shall desert or entice others so to do, shall suffer death, or such other punishment as the circumstances of the offense shall deserve, and a court martial shall judge fit. If any officer shall receive or entertain a deserter from any other of His Majesty's regiments, ships or aircraft, after discovering him to be such deserter, and shall not with all convenient speed give notice to the officer of the unit to which such deserter belongs; or if the said regiments, ships or aircraft are at any considerable distance from each other, to the Minister of Defence, or to the King; every person so offending, and being convicted thereof by the sentence of the court martial, shall be cashiered.

7. If any person in or belonging to the Navy shall make or endeavor to make any mutinous assembly upon any pretence whatsoever, every person offending herein, and being convicted thereof by the sentence of the court martial, shall suffer death: and if any person in or belonging to the Navy shall utter any words of sedition or mutiny, he shall suffer death, or such other punishment as a court martial shall deem him to deserve: and if any officer, mariner, or soldier on or belonging to the Navy, shall behave himself with contempt to his superior officer, being in the execution of his office, he shall be punished according to the nature of his offence by the judgment of a court martial.

8. If any person in the Navy shall conceal any traitorous or mutinous practice or design, being convicted thereof by the sentence of a court martial, he shall suffer death, or any other punishment as a court martial shall think fit; and if any person, in or belonging to the Navy, shall conceal any traitorous or mutinous words spoken by any, to the prejudice of His Majesty or government, or any words, practice, or design, tending to the hindrance of the service, and shall not forthwith reveal the same to the commanding officer, or being present at any mutiny or sedition, shall not use his utmost endeavours to suppress the same, he shall be punished as a court martial shall think he deserves.

9. If any person in the Navy shall find cause of complaint of the unwholesomeness of the victual, or upon other just ground, he shall quietly make the same known to his superior officer, as the occasion may deserve, that such present remedy may be had as the matter may require; and the said superior officer, shall, as far as he is able, cause the same to be presently remedied; and no person in the Navy, upon any such or other pretence, shall attempt to stir up any disturbance, upon pain of such punishment, as a court martial shall think fit to inflict, according to the degree of the offence.

10. If any person in the Navy shall strike any of his superior officers, or draw, or offer to draw, or lift up any weapon against him, on any pretence whatsoever, every such person being convicted of any such offense, by the sentence of a court martial, shall suffer death; and if any officer, mariner, soldier, airman, marine or other person in the Navy shall presume to quarrel with any of his superior officers, being in the execution of his office, or shall disobey any lawful command of any of his superior officers; every such person being convicted of any such offence, by the sentence of a court martial, shall suffer death, or such other punishment, as shall, according to the nature and degree of his offence, be inflicted upon him by the sentence of a court martial.

11. If any person in the Navy shall quarrel or fight with any other person in the Navy, or use reproachful or provoking speeches or gestures, tending to make any quarrel or disturbance, he shall, upon being convicted thereof, suffer such punishment as the offence shall deserve, and a court martial shall impose.

12. There shall be no wasteful expense of any powder, shot, shell, ammunition, cordage, fuel, provisions, or any other stores of the Navy, nor any embezzlement thereof, but the stores and provisions shall be careful preserved, upon pain of such punishment to be inflicted upon the offenders, abettors, buyers and receivers (being persons subject to naval discipline) as shall be by a court martial found just in that behalf.

13. Every person in the Navy, who shall unlawfully burn or set fire to any magazine or store of powder, or destroy any vehicle, aircraft or fuel, or destroy any ship, boat, ketch, hoy or vessel, or tackle or furniture thereunto belonging, not then appertaining to an enemy, pirate, or rebel, being convicted of any such offence, by the sentence of a court martial, shall suffer death.

14. Care shall be taken in the conducting and steering of any of His Majesty's ships, vehicles and aircraft, that through willfulness, negligence, or other defaults, no ship be stranded, or run upon any rocks or sands, or split or hazarded, nor should that aircraft or vehicle be damaged or destroyed by will or negligence, upon pain, that such as shall be found guilty therein, be punished by death, or such other punishment, as the offence by a court martial shall be judged to deserve.

15. No person in or belonging to the Navy shall sleep upon his watch, or negligently perform the duty imposed on him, or forsake his station, upon pain of death, or such other punishment as a court martial shall think fit to impose, and as the circumstances of the case shall require.

16. All murders committed by any person in the Navy shall be punished with death by the sentence of a court martial.

17. If any person in the Navy shall commit the unnatural and detestable act of sodomy with man or beast, he shall be punished with death by the sentence of a court martial.

18. All robbery committed by any person in the Navy, shall be punished with death, or otherwise, as a court martial, upon consideration of the circumstances, shall find meet.

19. Any officer or other person in the Navy, who shall knowingly make or sign a false muster book, or who shall command, counsel, or procure the making or signing thereof, or who shall aid or abet any other person in the making or signing thereof, shall, upon proof of any such offence being made before a court martial, be cashiered, and rendered incapable of further employment in His Majesty's service.

20. If any officer belonging to the Navy shall be convicted before a court martial of behaving in a scandalous, infamous, cruel, oppressive, blasphemous, drunken or fraudulent manner, or is found in any act unbecoming the character of an officer, he shall be dismissed from His Majesty's service.

21. Every person being in actual service and full pay, and part of the crew in or belonging to any of His Majesty's regiments, ships, air wings or other military units, who shall be guilty of mutiny, desertion, or disobedience to any lawful command, in any part of His Majesty's dominions on shore, when in actual service relative to the Navy, shall be liable to be tried by a court martial, and suffer the like punishment for every such offence, as if the same had been committed at sea on board any of His Majesty's ships or vessels of war.

22. If any person who shall be in the actual service and full pay of His Majesty shall commit upon the shore, in any place or places out of His Majesty's dominions, any of the crimes punishable by these articles and orders, the person so offending shall be liable to be tried and punished for the same, in like manner, to all intents and purposes, as if the same crimes had been committed at sea, on board any of His Majesty's ships or vessels of war.

23. All persons in or belonging to His Majesty's Navy found being guilty of profane oaths, cursings, execrations, drunkenness, uncleanness, other scandalous actions, or corruption of good manners, shall incur such punishment as a court martial shall think fit to impose, and as the nature and degree of their offence shall deserve.

24. If any officer, mariner, soldier, or other person of the Navy, shall give, hold, or entertain intelligence to or with any enemy or rebel, without leave from the king's majesty, or the Admiral, or the Ministry of Defence, or his commanding officer, every such person so offending, and being thereof convicted by the sentence of a court martial, shall be punished with death.

25. If any message from any enemy or rebel, be conveyed to any officer, mariner, or soldier or other in the Navy, and if that said officer, mariner, or soldier, or other as aforesaid, shall not, within twelve hours, having opportunity so to do, acquaint his superior or a commanding officer, or if any superior officer being acquainted therewith, shall not in convenient time reveal the same to the commander in chief of the squadron, every such person so offending, and being convicted thereof by the sentence of the court martial, shall be punished with death, or such other punishment as the nature and degree of the offense shall deserve, and the court martial shall impose.

26. All spies, and all persons whatsoever, who shall come, or be found, in the nature of spies, to bring or deliver any seducing letters or messages from any enemy or rebel, or endeavor to corrupt any officer, enlisted rank, or other person in the Navy, to betray his trust, being convicted of any such offense by the sentence of the court martial, shall be punished with death, or such other punishment, as the nature and degree of the offence shall deserve, and the court martial shall impose.

27. No person in the Navy shall deliver to an enemy or rebel money, victuals, powder, shot, arms, ammunition, or any other supplies whatsoever, directly or indirectly, upon pain of death, or such other punishment as the court martial shall think fit to impose, and as the nature and degree of the crime shall deserve.

28. No person in or belonging to the Navy shall take out of any prize, or ship seized for prize, any money, plate, or goods, unless it shall be necessary for the better securing thereof, or for the necessary use and service of any of His Majesty's ships or vessels of war, before the same be adjudged lawful prize in some admiralty court; but the full and entire account of the whole, without embezzlement, shall be brought in, and judgment passed entirely upon the whole without fraud, upon pain that every person offending shall forfeit and lose his share of the capture, and suffer such further punishment as shall be imposed by a court martial, or such court of admiralty, according to the nature and degree of the offense.

29. If any ship or vessel be taken as prize, none of the officers, mariners, or other persons on board her, shall be stripped of their clothes, or in any sort pillaged, beaten, or evil-treated, upon the pain that the person or persons so offending, shall be liable to such punishment as a court martial shall think fit to inflict.

30. All other crimes not capital committed by any person or persons in the Navy, which are not mentioned in this Act, or for which no punishment is hereby directed to be inflicted, shall be punished by the laws and customs in such cases used at sea.

Uréu q'estadra så:

Trotxâ Betiñéir, M. Defence, Senator

[King John]

A few tiny criticisms:

1. The Act assumes the existence of courts martial, but I don't think there's any provision for them in current Talossan law. Under the OrgLaw, any court (besides the Uppermost Cort) has to be established, and its judges appointed, by the Cosâ.

2. Certain provisions of the Act might be held to be in a kind of ... tension ... with certain of the Covenants and Freedoms.

3. The whole thing is freaking nuts.

— John Woolley, UrN

[Capt. Sir Mick Preston]

I rise to question the Minister of Defense, on clarification on points of his suggested legislation.

To Wit:

#1 : "...and if any person in the Navy shall treacherously or cowardly yield or cry for quarter..."

How does one determine "cowardly"? If facing overwhelming odds, bereft of defense, and the choice being either death by the enemies hand, or cry for quater - is this cowardly? Many a noble and honorable soldier has laid down arms, in the chance to fight again another day - giving up temporary freedom for the chance to fight at a later date.

# 9 I darsay our good Senator has never visted a chow hall, or partaken of MRE's.

# 11 Methinks our dear Senator has not sat down and shared many a libation with a Salior before.

# 16 Murder has many levels. Death to all levels?

# 17 " If any person in the Navy shall commit the unnatural and detestable act of sodomy with man or beast, he shall be punished with death by the sentence of a court martial. "

Does this include female Members? What if it's consenting? Ok, I can see the "or beast" provision...

# 23 - " All persons in or belonging to His Majesty's Navy found being guilty of profane oaths, cursings, execrations, drunkenness, uncleanness, other scandalous actions, or corruption of good manners, shall incur such punishment as a court martial shall think fit to impose, and as the nature and degree of their offence shall deserve."

Ok, you REALLY have never been around member of the Military, have you?

27. " No person in the Navy shall deliver to an enemy or rebel money, victuals, powder, shot, arms, ammunition, or any other supplies whatsoever, directly or indirectly, upon pain of death, or such other punishment as the court martial shall think fit to impose, and as the nature and degree of the crime shall deserve. "

I would strike "victuals" from this . Otherwise, if I capture a member of an opposing army, and offer him a drink of water, or crust of bread, I could be sentanced to death. Also, History is rife with notes of how, on some holiday cease fire, mortal opponents would lay down arms, and share a cup of coffee, a cigarette, and perhaps a sandwich . The stories are held close, to show that even in the darkest hour of war, Soldiers can become human, and share comradirie and appreciate a fellow warrior.

==========================

While I can agree on a Unified Military Code of Justice - I think that our humanity as a nation should temper our Laws .


edit: I forgot to sit down. Sorry about that, but I'm new to all of this.

[Joseph Walkland]

From the back-benches of the CLP, come a small voice, ridden with etc.

....shall suffer .

I disagree, no-one can be brought back from the , so in the event that someone is convicted and killed on faulse pretences etc., there is just more shed.

Excessive fines, and cruel and bizarre punishments, shall not be inflicted.

(From the OrgLaw)

Personally, I think that excecutions are cruel.

Twelfth Covenant. The right of citizens to end their own lives, or to determine the circumstances of their s as much as is physically possible... ...shall not be abridged.

Read and (please) weep.

I yield the floor.

[Trotxâ]

Gentlemen -

It was getting a little quiet here on Witt, so perhaps it is good we have something to talk about. You've offered some good points, and some debatable points. Thank you. I'll reply in some detail later.

For now, please keep two points in mind:

1. The Articles of War apply only to those in the Military, which in our country means the Navy (and the Royal Zouave Guard, when we get one). The definition of Military Law is that it is a distinct legal system to which members of armed forces are subject. Most countries have special additional laws, and often a legal system, which are applicable to members of their military but not usually to civilians.

2. Just like the Uniform Code of Military Justice (UCMJ) in the neighboring USA supersedes parts of the Constitution, the Articles of War can and do supersede parts of Organic Law. I'm not a member of the Bar, but it appears to me that Article 117 of the UCMJ is a direct contradiction of the First Amendment of the US Constitution. Other examples are there too.

For example: the UCMJ has a similar proviso regarding sodomy. In civilian life, the US Supreme Court decision Lawrence and Garner v. Texas would pretty much nullify this article. The two legal systems are separate, because of the role of the Military.

Justice Siervicül is the expert on this, and I hope that soon he will share his wisdom and advice. I have recent post from him that suggests he may be in transit from far shores. (At times, those Special Sea Service guys are hard to pin down.)

Advice and wisdom from military veterans, and from citizens outside of the GTA and the USA are also welcome. I'm curious to see how this is handled in other countries.

This does prove the wisdom of the Hopper! Thanks again, Count Dan!

Trotxâ

PS: Yes - these Articles are a highly edited version of the British Royal Navy's 1757 Articles of War.