Chap wrote:I note that there appears to be no US Supreme Court ruling that gives countenance to the notion that it is legitimate for a government to kill people who refuse to sign up to a statement of support for the policy of that government for the time being, even in time of war. Captain Moroni seems to be out there on his own so far as they are concerned.
The government policy? You mean survival?
I think you're overlooking a number of things. As military commander, Captain Moroni had the right, given to him by the judges of his nation, to do a number of things, apparently including conscript citizens into the army for the survival of their own nation. By definition, those conscripts were then subject to military justice.
A few thoughts on that matter:
In the United States' Uniform Code of Military Justice, mutiny, sedition, related charges, and their potential consequences are laid out quite clearly:
Art. 94. (§ 894.) 2004 Mutiny or Sedition.
(a) Any person subject to this code (chapter) who—
(1)
with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
"Many military codes of justice proscribe cowardice in combat as a crime punishable by death. Acts of cowardice have long been punishable by military law, which defines a wide range of cowardly offenses including
desertion in face of the enemy and
surrendering to the enemy against orders. The punishment for such acts is typically severe, ranging from corporal punishment to the death sentence."
In this context, consider and compare what was happening in the war chapters in question, with what is still on the U.S. military law books today.
If a free nation like the U.S. was on the brink of collapse, both from insurgents within, and invasion from without, and if conscription (required enlistment) became a matter of fact for the nation's survival, do you think court-martials for mutiny and/or cowardice would tend to be more harsh, or more lenient?
I'm curious. What's your take on the American Civil War? In your opinion, was President Lincoln wrong in his decision to preserve the Union and send troop to retake Fort Sumter and put down the Confederates, a decision that led to the death of over half a million soldiers? Or should he have allowed the Confederates to peacefully separate from the Union, thereby allowing the continuation of slavery for millions of people? Lincoln's orders caused many more deaths than Captain Moroni's. In your opinion, was Lincoln even more of a tyrant than some people here are saying Captain Moroni was?
Meanwhile, President Buchanan had said on December 3, 1860: "The fact is that our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in civil war. If it can not live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation, but the sword was not placed in their hand to preserve it by force." In your opinion, was Buchanan right? Should Congress just have simply shrugged their shoulders and allowed slavery to go on for millions of American residents for who knows how many more generations?
A solution to America's Gordian knot, in my humble opinion, would have been provided by Joseph Smith's 1844 platform (the peaceful redemption of all slaves with government funds from the sale of federal lands). If that portion of his platform had been received by the American people, the whole contentious issue of slavery could have been resolved without half a million lives being lost. But then again, when Joseph published his desire and intention to free the slaves, he likely signed his own death warrant. (Elijah Lovejoy's demise seven years earlier, also in Illinois and only 200 miles to the south, gave a pretty clear indication of what he could expect.)
http://en.wikipedia.org/wiki/Elijah_Parish_Lovejoy