The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-08

throne, there was passed the famous
mutiny act, which not only recognized
the army and the military law under
which it was governed. but provided
for the trial Of mutineers and deserters
by court-martial.
Discharge at VIII.
"This act which had to be renewed
every year, has kept the control of the
military forces Of England i'm the hands
of parliament. The principles of the
mutiny act and the articles OF war
adopted by England were IN the main
the same adopted by us at the time
of the revolution, and which may be
found embodied in the articles of war
which are now statute Of the United
States. The commander in-chicf has.
as such, the right to punish or dis
charge, except so far as IL IS limited
or regulated by the law-making power
which has enacted the articles of war.
ON this point OF punishment or dis
charge the articles Of war are perfect
ly applicable. Article 4 provides that
no enlisted man, duly sworn, shall be
discharged from the service without
discharge in writing, signed by field
officer OF the regiment to which ne be-
longs or by the commanding officer
when no field officer is present, and no
discharge shall be given to any enlist
ed man before his term has expired, eX-
cept by order of the president, the sec
rotary of war, the commanding officer
OF a department or by sentence of
general court-martial.'
ut will be observed that the power
OF the president, the secretary of war
or the commanding officer of the de-
partment to discharge an enlisted man
is expressly recognized.
without Honor"
1.-THE dishonorable discharge can only
be given by sentence of a court-mar-
tial. The honorable discharge can, of
course, be given by the commanding Of
fcer. but there is another discharge
not described as the discharge with
out honor which is not limited to the
action of a court-martial, and which
comes within the discretion OF the
president, the secretary of war and
the commanding officer. The regulation
as TO the discharge without honor
shows as explicitly as language can the
large power of the commander chief
to order such discharge. In some form
this power of summary discharge by
the commander-in-ch has always ex-
listed and been exercised.
Built en- British Practice.
Our military law. as have said. is
taken from the military law of Eng
land, and our practice has remained
practically the same as English prae-
tee The English authority code says
ON this point: Though an engagement
Is made for term certain, the crown
is under no obligation to retain the SOL
der, either In pay OF in arms, for that
period, but may discharge him at any
time. The safety OF the realm NAV de-
pend III 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
al the time be disclosed by the respon-
sible ministers of the crown
There can be no doubt whatever that
the power OF summary dismissal was
Inherent in the office of communicating
chief when the president was invested
by the constitution with that office.
Enlistment is a contract and has been
so held by the supreme court of the
United States, and it is a contract ter
minable at will by the government
This is all that is done when a soldier
is discharged without honor.
Precedents Cited.
THE precedents are gathered to-
gether in the report of the Judge advo-
cate general. and It appears that no
less than $50 enlisted men were dis
charged without honor from the army
OF the United States during the past
year. 1t makes no difference whatever
In principle whether one man or ten,
or 100, or an entire regiment are dis
charged in this way. The power of
summary dismissal must rest where it
has always rested, with the highest
military authority i'm the country II
! Is impossible TO conceive of maintain
Ing an army on any other principle If
soldier cannot be separated from the
service except by being convicted of
crime on evidence which would satisfy
a jury In a civil case. there is no posi-
Dlilty or maintaining military disci-
pline.