military discipline. Even James did not venture to inflict death by sentence of a court martial. The deserter was treated as an ordinary felon, was tried at the assizes by a petty jury on a bill found by a grand jury, and was at liberty to avail himself of any technical flaw which might be discovered in the indictment.
The Revolution, by altering the relative position of the prince and the parliament, had altered also the relative position of the army and the nation. The King and the Commons were now at unity; and both were alike menaced by the greatest military power which had existed in Europe since the downfall of the Roman empire. In a few weeks thirty thousand veterans, accustomed to conquer, and led by able and experienced captains, might cross from the ports of Normandy and Brittany to our shores. That such a force would with little difficulty scatter three times that number of militia, no man well acquainted with war could doubt. There must then be regular soldiers; and, if there were to be regular soldiers, it must be indispensable, both to their efficiency, and to the security of every other class, that they should be kept under a strict discipline. An ill disciplined army has ever been a more costly and a more licentious militia, impotent against a foreign enemy, and formidable only to the country which it is paid to defend. A strong line of demarcation must therefore be drawn between the soldiers and the rest of the community. For the sake of public freedom, they must, in the midst of freedom, be placed under a despotic rule. They must be subject to a sharper penal code, and to a more stringent code of procedure, than are administered by the ordinary tribunals. Some acts which in the citizen are innocent must in the soldier be crimes. Some acts which in the citizen are punished with fine or imprisonment must in the soldier be punished with death. The machinery by which courts of law ascertain the guilt or innocence of an accused citizen is too slow and too intricate to be applied to an accused soldier. For, of all the maladies incident to the body politic, military insubordination is that which requires the most prompt and drastic remedies. If the evil be not stopped as soon as it appears, it is certain to spread; and it cannot spread far without danger to the very vitals of the
