Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-07
History of Military Law.


chief was ordinarily absolute, and wars
were conducted under ordinances or rules
laid down by the king himself The king,
or commander-in-chief could punish or
dismiss from the service without any re-
striction except such he himself chose
to establish. Modern rules and articles of
war may be said to date from those es-
tablished by Gustavus AdolphlLs and
among Englsh-speaking people from Prince
Rupert's code. as 1t was called, which was
practically used by both sides in Eng
lands civil wars. After the revolution
which placed William of Orange on the
throne there was passed the famous 'mu-
tiny act which not only reorganized the
army and the military law under which it
was governed, but provided for the trial
OF mutineers and deserters by court-mar-
tial. This act. which had to be renewed
every year, has kept the control of the
military forces OF England IN the hands
of parliament. The principles of the 'mu-
tiny act and the articles of war adopted
by England were in the main adopted by
US at the time of the revolution, and which
may be found embodied in the articles of
war which are now a statute of the United
States. The commandment chief has as such
the right inherent in his Office to punish or
discharge except so far it is limited or
regulated by the law-making power which
has enacted the articles of war.
The Articles of War.
ION this point of punishment or dis
charge the articles of war are perfectly
explicit Article provides that no en-
listed man, duly sworn. shall be discharged
from the service without discharge in
writing signed by a field officer of the
regiment to which he belongs or by the
commanding officer when no field officer is
present; and no discharge shall be given
10 any enlisted man before his term of
service has expired except by order of the
fl,a ,f
mandng officer Of a department, or by SEN
tence of a general court-martial' Ii will
be observed that the power of the Presf-
dent. the Secretary Of War and the com
manding officer of department to dis
charge an enlisted man is expressly recog-
nized.
''The dishonorable discharge can. of
course. be given by the commanding officer.
but there is another discharge now de-
scribed as the discharge without honor
which is not limited TO the action of a court
martial and which comes within the discre-
ton of the President. the Secretary of War
as TO the discharge without honor shows as
explicitly as language can the large power
OF the commandment -chief TO order such
discharges.
Power of Summary Discharge.
In some form this power of summary
discharge by the communicated chief has
always existed and been exercised Our
military law, as | have sad, is taken from
the military law of England and our prac-
,ice has remained practically the same as
English practice The English authority,
Clode In his work, says on this point
Though an engagement is made for q term
certain, the crown is under no obligations to
retain the soldier, either in pay or in arms,
for that period but may discharge him al
any time The safety of the realm may de-
nend in some measure on the immediate
discharge or dismissal of any man or regi-
went in arms. and equally, that the cause
~ such dismissal should not at the time be
6isclosed by the responsible ministers OF