Manual for Noncommissioned Officers and Privates of Cavalry of the Army: of the United States 1917. To be also used by Engineer Companies (Mounted) for Cavalry Instruction and TrainingUnited States. War Department
History
Manual for Noncommissioned Officers and Privates of Cavalry of the Army: of the United States 1917. To be also used by Engineer Companies (Mounted) for Cavalry Instruction and Training
United States. War Department
United States. Army -- Handbooks, manuals, etc.
While the finding of a court of inquiry acquitting the prisoner
of all blame is not a legal bar to a prosecution, it is entitled
to weight as an expression of the views of the military court of
the necessity of using a musket to prevent the escape of the
deceased.
* * * * *
By order of the Secretary of War:
R. C. DRUM, _Adjutant General_.
The following is taken from Circular No. 3, of 1883, from Headquarters
Department of the Columbia:
VANCOUVER BARRACKS, W. T., _April 20, 1883_.
To the ASSISTANT ADJUTANT GENERAL,
_Department of the Columbia_.
Sir:
* * * * *
A sentinel is placed as guard over prisoners to prevent their
escape, and, for this purpose, he is furnished a musket, with
ammunition. To prevent escape is his first and most important
duty.
* * * * *
I suppose the law to be this: That a sentinel shall not use more
force or violence to prevent the escape of a prisoner than is
necessary to effect that object, but if the prisoner, after being
ordered to halt, continues his flight the sentinel may maim or
even kill him, and it is his duty to do so.
A sentinel who allows a prisoner to escape without firing upon
him, and firing to hit him, is, in my judgment, guilty of a most
serious military offense, for which he should and would be
severely punished by a general court-martial.
* * * * *
(Signed) HENRY A. MORROW,
_Colonel Twenty-first Infantry, Commanding Post_.
[Third indorsement.]
OFFICE JUDGE ADVOCATE,
MILITARY DIVISION OF THE PACIFIC,
_May 11, 1883_.
Respectfully returned to the assistant adjutant general, Military
Division of the Pacific, concurring fully in the views expressed
by Col. Morrow. I was not aware that such a view had ever been
questioned. That the period is a time of peace does not affect
the authority and duty of the sentinel or guard to fire upon the
escaping prisoner, if this escape can not otherwise be
prevented. He should, of course, attempt to stop the prisoner
before firing by ordering him to halt, and will properly warn him
by the words "Halt, or I fire," or words to such effect.
W. WINTHROP, _Judge Advocate_.
[Fourth indorsement.]
HEADQUARTERS MILITARY DIVISION OF THE PACIFIC,
_May 11, 1883_,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account