A non-commissioned officer or soldier who simply absents himself from his corps without leave is exonerated from the graver part of the charge, if any cir cumstances can be adduced from which it may be inferred that the absence was intended to be only for a short time. Such circumstances are, goods of value being left behind, the occupation in which the absentee is found to be engaged being in its nature temporary, an intention of returning having been expressed, or again, the offender suffering himself to be brought back without resistance. Simple absence without leave is referred to regi mental courts-martial merely, and these award the punishment discretionally.
The Mutiny Act authorises general courts-martial to condemn a culprit to death, if his crime should be found to deserve the extreme punishment ; in other cases they may sentence him-to be trans ported as a felon, either for life or for a term of years, or to serve in the ranks for life, or for a length of time ex= that for which he had originally e to serve. In some cases, also, corporal punishment is awarded, and an offender may be sentenced to lose the increased pay or the pension to which he would have been entitled if the guilt had not been incurred.
Desertion is justly considered one of the greatest offences that can be com mitted by any man who has adopted the profession of arms. The officer or sol dier who has undertaken to assist in the defence of his country, and steals away from the duties he is called upon to per form, violates a sacred engagement. Whether he withdraw through caprice, or to escape the privations to which the soldier is occasionally exposed, he sets an example of discipline infringed, he de prives the army of his services at a time perhaps when he can with difficulty be replaced ; and while he basely seeks • his own ease, he throws an additional burthen upon his companions in arms. If he pass over to the enemy, he becomes the vilest of traitors ; and, should he escape the retribution which awaits him from his injured country, he must submit to live dishonoured, an exile from its bo som.