SECTION IV. DISCHARGING SOLDIERS. CHAPTER I. GENERAL CONSIDERATIONS. SOLDIERS are discharged by reason of expi ration of enlistment, on their own application after twenty years' service, by civil authority, by sentence of a court-martial, by order of the War Department or General-in-chief, or on surgeon's certificate of disability. Under the law of May 14, 1862, the Medical InspectorGeneral, or any medical inspector, has power to grant a discharge upon his own certificate, provided it is given after a "personal inspection of the soldier and with the soldier's consent, and for a disability the nature, degree, and origin of which are correctly described in the certificate." By General Orders No. 137, War Department, May 18, 1863, "the power given the medical inspectors of the army to discharge soldiers for disability is suspended until their duties in this respect are defined by regulations, to be published hereafter." The giving a certificate of disability for discharge is one of the most important duties a military surgeon has to perform. Although his certificate is the ground of action, and not the authority to discharge, the military commander is governed in the exercise of his powers by the statements of the surgeon. The great importance of a correct and conscientious performance of this duty is sufficiently shown by the fact that up to May 9, 1863, there had been received at the Adjutant-General's Office, Washington, since the commencement of the rebellion, 143,303 certificates of disability. These were certificates upon which discharges had been granted in the usual way. But if to these be added the considerable number of irregular discharges, and those instances in which the certificates have not been forwarded to the Adjutant-General, the aggregate of discharges on surgeon's certificate will probably reach the enormous number of 200,000. The magnitude of these results illustrates the great necessity for each surgeon to discharge his duty without fear or favor; for, although a disregard of his obligations may affect the aggregate result but slightly, there are a large number of surgeons with the same powers, the same temptations, and mayhap not a few with the same disregard of the duties and obligations of their office. The surgeon's first duty is to the United States; his second, to the soldier. This is based upon the general principle that the welfare of a large number, of a community, or of a state is superior to the interests of individuals. When the rights of individuals conflict with those of the state, there can be no question as to which must be respected. Fortunately, in the discharge of soldiers for disability the respective interests do not conflict; for the right of a soldier to a discharge when disabled by wounds or disease is not less clear than that it is the interest of the United States to be rid of him. The formation of an Invalid Corps is seemingly opposed to this principle; but in reality there is exact and equal justice in making those men useful who are not wholly disabled. They perform duties which would otherwise require the employment of sound men, for which they receive adequate pay, clothing, and subsistence, and are not the mere recipients of a public charity. Before giving a certificate of disability for discharge, the surgeon must decide upon three questions : 1st. Does the alleged disability really exist? 2d. Is it incurable, or can it be cured within a reasonable period? 3d. Is it sufficient to disable a man from the performance of military duty? In many instances the surgeon will have to decide whether the disability is real. I have elsewhere treated at some length of the more usual forms of malingering in our service: it is not necessary for me to repeat what I have said on this subject; but I cannot repeat too often the injunction that no malingerer should be discharged on the ground of his pretended ailment. One case of successful imposture will increase by tenfold the number of men feigning. Simulators are too frequently successful by wearying the surgeon. When their own efforts fail, they bring to bear various influences, the interposition and importunities of friends and relatives, and of company or regimental commanders anxious to be rid of troublesome men. I need hardly say that the surgeon cannot lend himself to the dis charge of a man simply because he feigns and will not do duty: he must certify to a physical disability sufficient to incapacitate for service, and this disability must have a real existence. The disease or disability must not only be real, but it must be either incurable, or curable after so long a course of treatment as practically to deprive the Government of the soldier's services. The period for which a surgeon is justified in keeping a man in hospital rather than discharge him depends upon a variety of attendant circumstances: upon the length of his service, and upon his proficiency in the drill; upon the number of men required for military duty, and upon the facility with which men may be procured. If a man's period of service be nine months, and he have a disease or injury which will incapacitate him for service for six months, it will be better to discharge him, unless some special emergency may render his services necessary. The knowledge and experience of the soldier also affect the result; for, obviously, that man may be retained longer who can go from the hospital to the field without preliminary instruction in the drill and in the duties of a soldier. The longer the period of service, the less numerous the voluntary enlistments, the more |