In all cases the soldier
who has been flogged must be dismissed.
A circular letter by the Commander-in-Chief, Sir E. Barnes, 2nd of
November, 1832, dispenses with the duty of submitting the sentence of
regimental, detachment, and brigade courts martial for confirmation
to the general officer commanding the division; and authorizes the
officer who assembles the court to carry the sentence into effect
without reference to higher authority; and to mitigate the punishment
awarded, or remit it altogether; and to order the dismissal of the
soldier who has been sentenced to corporal punishment, though he
should remit the flogging, 'for it may happen that a soldier may be
found guilty of an offence which renders it improper that he should
remain any longer in the service, although the general conduct of the
man has been such that an example is unnecessary; or he may have
relations in the regiment of excellent character, upon whom some part
of the disgrace would fall if he were flogged.' Still no court
martial but a general one could sentence a soldier to be simply
dismissed. To secure his dismissal they must first sentence him to be
flogged.
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