The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-08
Discharge Without Honor.

expressly recognized.
Discharge Without Honor.
The dishonorable discharge can only
be given by sentence of a courtmartial,
the honorable discharge can, of course
be given by the commanding officer. but
there is another discharge now described
as the discharge without honor which
is not limited to the action of a court
martial and which comes within the dis
cretion of the President. the Secretary
of War and the commanding officer. The
regulation as to the discharge without
dishonor shows explicitly as language
can the large power of the commander in
chief to order such discharges. In some
form this power of summary discharge
by the commander-n-chief has always
existed and been exercised. Our mill
tary law, as l have said, is taken from
the military law of England, and our
practice 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
a term certain the crown is under no
obligation to retain the soldier. either
in pay or in arms. for that period. but
may discharge him at any time. The
safety of the realm may depend in some
measure on the immediate discharge or
dismissal of any man or regiment in arms
and equally that the cause of such
dismissal should not at the time be dis
closed by the responsible ministers of
the crown"
There can be no doubt, whatever that
the power of summary dismissal was
inherent in the officer OF COMMANDMENT
chief when the President was invested
by the constitution with that office ami
there has never been any attempt on the
part of congress to prevent or Interfere
with the exercise of this authority.
Enlistment is a contract and has been
so held by the supreme court of the
United States and II Is a contract termin-
able at will by the government This
is all that is done when soldier is
discharged without honor. The COM
mander-in-chef or his representatives
terminates the contract of enlistment
The precedents are gathered together in
the report of the Judge advocate general
and 1t appears that no less than 3o2
enlisted men were discharged without
honor from the army of the United
States during the past year,
Principle the Same.
at makes no difference whatever in
principle whether one man or ten OF
one hundred, or an entire regiment are
dismissed in this way. The principle is
the same In all. The power of summary
dismissal must rest where 1t has always
rested, with the highest military au-
thority in the country It Is impossible
to conceive of maintaining an army or
any other principle. IL soldier cannot
he separated from the service except by
being convicted of crime or evidenc,
which would satisfy a jury In civil
case there Is no possibility of main
tanning military discipline.
"rhe power to dismiss or termina tC
the contract of enlistment is absolutely
essential to the maintenance of any
army. In fact the principle runs through
all business and society. Civil society
could not go on If the power of dismissa
or removal without the necessity of evil
dence to convict before a jury was MOI
universal It has been recognized fully
in the civil service The theory that tho
Presidents power of removal could bt
limited was debated from the foundatio
OF the government until under Andrew
johnson the tenure of office act was
passed.
1T was found impossible to conduct thS
government under such limitations. and
the act was modified under Grant and
repealed under Cleveland. What is true
of civil life IS true with ten fold force
of the army # the eommander-in-chie
is unable TO dismiss from the army Tho
soldiers whom he regards as dangerous
to the service and to military discipline
without furnishing proof that woult
convict to jury military discipline
would be Mt an end and the. army OF
the United States would become a menace
to the people of the country"
Foraker Reviews Objections.
Mr.. Foraker reviewed the objections OF
Mr. Lodge to the Foraker resolution. The
substantial grounds of the Massachusetts
senator's position was that the matter In