-5-
 
 
 
Conviction of Treason, Bribery or other high Crimes and
Misdemeanors".
 
          It seems clear that so far as the powers conferred by the
Constitution are concerned, the control of the President of
United States over the Army and Navy is supreme. However,
it appears that, at least in recent years, the exercise of
such control has been looked upon as the exercise of
civilian authority rather than military authority. The last
two War Presidents, President Wilson and President
Roosevelt, both clearly recognized the civilian nature of
the President's position as Commander-in-Chief.
 
          President Roosevelt, in his Navy Day Campaign speech at
Shibe Park, Philadelphia, on October 27, 1944, pronounced
this principle as follows:-
 
          "It was due to no accident and no oversight that the framers
           of our Constitution put the command of our armed forces
           under civilian authority. It is the duty of the
           Commander-in-Chief to appoint the Secretaries of War and
           Navy and the Chiefs of Staff."
 
           It is also to be noted that the Secretary of War, who is the
regularly constituted organ of the President for the
administration of the military establishment of the Nation,
has been held by the Supreme Court of the United States to
be merely a civilian officer, not in military service.
(U.S. - vs. - Burns - 1871 - 79 U.S.246).
 
           On the general principle of civilian supremacy over the
military, by virtue of the Constitution, it has recently
been said:
 
           "The supremacy of the civil over the military is one of our
            great heritages". (Duncan-v.-Kahanamoku, 14 L.W. 4205 at
            page 4210.)
 
            In view of all the foregoing, it is the Court's
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