1. British Code.-In the early periods of English history military law existed only in time of actual war. When war broke out troops were raised as occasion required, and ordinances for their government, or, as they were afterwards called, articles of war, were issued by the Crown, with the advice of the constable or of the peers or other experienced persons, or were enacted by the commander in chief in pursuance of an authority for that purpose given in his commission from the Crown. (Grose, Antiquities, vol. 2, p. 58.)

These ordinances or articles, however, remained in force only during the service of the troops for whose government they were issued, and ceased to operate on the conclusion of peace. Military law in time of peace did not come into existence until the passing of the first mutiny act in 1689.

The system of governing troops in active service by articles of war, issued under the prerogative power of the Crown, whether issued by the King himself

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or by the commanders in chief, or by other officers holding commissions from the Crown, continued from the time of the conquest till long after the passing of the annual mutiny acts (Barwis v. Keppel, 2 Wilson's Rep., 314), and did not actually cease till the prerogative power of issuing such articles was superseded in 1803 by a corresponding statutory power. (43 Geo. III, ch. 20.)

The earlier articles were of excessive severity, inflicting death or loss of limb for almost every crime. Gradually, however, they assumed something of the shape which they bear in modern times, and the ordinances or articles of war issued by Charles II in 1672 formed the groundwork of the articles of war of 1878, which were consolidated with the mutiny act in the army discipline and regulation act of 1879, which was replaced by the army act of 1881. The army code of 1881, which now constitutes the military code of the British Army, has of itself no force, but requires to be brought into operation annually by another act of Parliament, thus securing the constitutional principle of the control of the Parliament over the discipline requisite for the government of the army. (Manual of Military Law, War Office, 1914, pp. 6-14.)

2. American code-(a) Code of 1775.-Passing over the earlier enactments of the American Colonies of articles of war for the government of their respective contingents, of which we have examples in the articles adopted by the Provisional Congress of Massachusetts Bay. April 5, 1775 (American Archives, 4th series, vol. 1, p. 1350), followed by similar articles adopted in May and June of the same year, successively, by the Provincial Assemblies of Connecticut and Rhode Island and the Congress of New Hampshire (idem, vol. 2, pp. 565, 1153, 1180), we come to the first American articles-Code of 1775-enacted by the

Second Continental Congress, June 30, 1775. Of this code, comprising 69 articles, the original was the existing British Code of 1774, from which said articles were largely copied. The code was amended by the Continental Congress of November 7. 1775, by adding thereto 16 provisions, intended to complete the original draft in certain particulars in which it was imperfect.

(b) Code of 1776.—The Articles of 1775 were superseded the following year by what has since been known as the Code of 1776, enacted September 20 of that year. It was an enlargement, with modifications, of the amended Code of 1775. There followed the amendments of 1786, regulating the composition of courts-martial, and generally the administration of military justice. As thus amended the code survived the adoption of the Constitution of the United States, being continued in force by successive statutes, "so far as the same are applicable to the Constitution of the United States." The necessity, however, for revision, in order to adapt the articles to the changed form of government, became obvious. This revision was accomplished by the act of April 10, 1806 (2 Stat., 259), which superseded all other enactments on the same subject, and is generally designated as the

(c) Code of 1806.-The Code of 1806, comprised 101 articles, with an additional provision relating to the punishment of spies. There was no formal revision of the Articles of War in the revision of the Statutes of 1874, although there was such a restatement of them as was possible under the authority which the revisers who prepared that revision had to bring together "all statutes which, from similarity of subject, ought to be brought together, omitting redundant or obsolete enactments, and making such alterations as may be necessary to reconcile the contradictions, supply the omissions, and amend the imperfections of the original text." Under this limited authority no

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SECTION 1342, as amended.-Section thirteen hundred and fortytwo of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows:

SEC. 1342. The articles included in this section shall be known as the Articles of War and shall at all times and in all places govern the armies of the United States.1 Sec. 3, Act of Aug. 29, 1916 (39 Stat. 650).

I. PRELIMINARY PROVISIONS.

ARTICLE 1. Definitions.-The following words when used in these articles shall be construed in the sense indicated in this article, unless the context shows that a different sense is intended, namely: (a) The word "officer" shall be construed to refer to a commissioned officer;

(b) The word "soldier" shall be construed as including a noncommissioned officer, a private, or any other enlisted man;

(c) The word "company" shall be understood as including a troop or battery; and

recasting of the articles or substantial amendment was possible, and the code as it appeared in the Revised Statutes of 1874, and as it was repeated in the second edition thereof in 1878, was substantially the Code of 1806, expanded to embrace amendments and new legislation since that date. It embraced 128 articles, with the additional provision as to spies, and these, with the amendments enacted since 1878, remained for 110 years the military code of the United States.

(d) Code of 1916.-The Code of 1916 was enacted August 29, 1916 (39 Stat., 650). It became effective on March 1, 1917, except as to certain articles which were made immediately effective in order to meet conditions confronting the punitive expedition then in Mexico. For a list of the more important changes introduced by the revised articles, see the Introduction to the First Edition, Manual for Courts-Martial.

'The Army and Navy of the United States are engaged in the performance of public, not private, duties. Service in the army or navy of one's country, according to the terms of the enlistment, never implies slavery or involuntary servitude, even where the soldier or sailor is required against his will to respect the terms upon which he voluntarily engaged to serve the public. Involuntary service rendered for the public, pursuant as well to the requirements of a statute as to a previous voluntary engagement, is not, in any legal sense, either slavery or involuntary servitude. (Robertson v. Baldwin, 165 U. S. 275, 299.) (Dissenting opinion of Justice Harlan.)