The Washington times., 1920-03-05
Shall Military Discipline Be
Arbitrary or Based on Justice?


Of so called military justice
The existing system of courts martial is a stencil.
1t is utterly unsuited to army Of American freemen
1t came out of age and system of government in
which soldiers but hired retaner It designed to
absolute submission feuda superior rather than
establish intelligent discipline in an army of citizens defend
ing their country obligation Of citizenship.
largely the code that governed Caesars legons and
the armies of dustavus Adolphus.
is almost word for word the articles that governed in
the time of Richard H. and it word for word and letter
for etter-with few recent unsubstantia changesthe
military code of England it existed at the time Of
separation from her. in 1775 which code itself of much
more uncertain origin.
France dependent she is upon the support of her people
for her national defense has the most liberal of military
Codes and presumably the most liberal nation earth
have code that out Prussians the Prussians
The ordinances of Richard II presented this view,
which until now the American Government has adopted:
1.-THE army is the army of the King to be dsci-
pned by him and his commanders under his ordinances
and AT HIS PLEASURE"
Under the existing system of American army discipline
the rule of the commander is absolute based fixed
principles which he cannot disregard and is subject
modification only by executive clemency Under varying
commanders like ofenses punished with widely varying
sentences
The citizen as a civilian has the benefit of judicial
code which describes with defneness the the
oense for which he be indicted prescrbes uniform
penalties and requires recognition of rules of procedure
der which the accused has full opportunity to confront his
accusers challenge their testimony and receive the benefit
Of every doubt In the event of conviction he has the right
to appeal claim Of upon the claim of newly dis
covered evidence And he has always the chance for elem
ency with no tradition constituting reflection upon the
judge at trial.
But when he steps from democratic civil life into the
military uniform all these safeguards vanish he
at the practical status of se His liberty his very
e then depends not upon guaranteed rights but upon the
whims of his commanding officer.
And when that officer the spirit of caste among off,
to the enlisted
That during excitement the tendency to error was
great is proved by the number of military sentences which
had later to be RENTED or assuaged
Thus in the most recent report of the operation of the
Cemency Boardhe tribunal set by Secretary Baker to
take of the off the system army punshments
appears that of nearly 1000 finally passed upon during
three month period than 81 per were marked
for cemency and than 76 per cent of all punishment
RENTED.
Bear in mind what this means.
Clemency extended after vicious system perpetraes
shocking injustice does not establish justice It merely
salves wound
Clemency requires friend at court anti those most
needy of it may get it, It restore the thou
sands of innocent crushed by dshonorbe discharge
To his lasting credit Samuel Anseu while acting
Judge Advocate General was moved by the injusces
nherng in the system of present army discipline that he
jeoparzed his job effort to have that system revised
The reactonaries in the War Department with the aid
of their k elsewhere have thus far defeated this movement
for liberal revision But the coming week will bring another
testing OF the Issue In congress- Inc
bill, embodyng modern ideals will be moved amend
ment of the Army Reorganization Act
Its basic provisions these:
1T bases Discipline upon Law requires military
authority to regard courts martial Courts of Justice
rather than agencies of military command and abo
ishes the present secret, star chamber procedure
2-I requires that charge shall be preferred unde,
oath soldier has the right to make oath to accusation
as well as an officer. ALI ofenses are defined
3Thorough investigation must precede the forwarding
of the charge for trial Trivial charges winnowed out
for settlement by minor courts.
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