Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-01-01

amned forwarded the general officer commanding
in the district"
guard) February 1904, and quoting Macarthur vol 432
Seyera instances having occurred OF officers
eommanders-n-ehief foreign stations with articles OF
sation against them, but d Investigated his Royal High
the Duke OF York. conceyng the discipline Of the
and the of his Maestys be thereby
saly Affected was Of opinion this PRACTICE except
OF the necessity ought be avoided because
thought might relieve the martial the spot from
ADVERTISEMENTS the measure seldom fails to transfer them
headquarters with increased difficulties"
Again. p "a, citing the Of Lord Bentck, p. 434
"They he of inquiry should be instructed whether
they to give opinion there being grounds not o
martial; state their opinion upon each point
parate that the be able form his
Judgment"
Again, p az
GAS the object of the inquiry to ascertain how far there
be grounds for martial il is important that
should be concealed and therefore the Witnesses should be
examined as before any other court, &c.
Again. p 80, under the head Preimnares before Gene
raj Court Martial"
appear to be grounds nthe opinion of the
der-n-chie for the assembling OF general martial he
will, Of course direct one to be assembled" &c.
This is sufficient show the practice and construction
the British rules and articles OF in relation courts of
quy and thence to draw the argument that the pac
ce should be of obligatory force in the army oil the United
States under similar circumstances to wit that of offence
charged foreign station and where the officer home
ordering the martial has opportunity of his know
ledge know the circumstances of the case and thereby
exercise with discretion Judicial disceton the high judicial
function Of ordering officer TO be tried Neither the
the accused demand court martial of right; the
officer ordering the is judge the grounds Of probable
guilt innocence OF the accused and to act accordingly
either in ordering refusing the In the before
the Court the President Of the United States is that officer
made by the act Of Congress OF May 29h $780, amena
tory of article sxty-ve Of the rules and articles of By
that act whenever commanding general shall be the
prosecutor of officer under his command, the general
martial for the trial Of such officer shall be appointed by
the President; and accordingly the for this
bears upon its face the legal authorization Of the Presidents
order.
The nomination Of the members of the is not
the and limited meaning of the act of Congress, Of
the article which it is amendaory, Of the British article
from which it is copied. The ordering of the court well
the nomination of its MEMBERS intended; and that is
clear from the uniform practice well the of the
practice, both in Great Britain and the United States.
The order for the court is the great judicial act, and Of
which the nomination of the members In Great B
tain but the King commanding general can order the
court; the United States none but the President general
commanding army, colonel commanding separate
department order general courts martial.
In neither country is the Secretary Of War known in the
transaction He may lay the before the King the
Presidents but the order theirs and act not OF form,
but of great substance, equivalent finding true b by
grand jury. 1t is the declaration Of CAUSE,
without which no officer citizen in Great Britain, and
citizen in the United States be put crminaiy on trial
Personal knowledge IN the OF military offence
tho the act which declares the probable where there
Is no personal knowledge, the investigation by court of in
CURRY becomes indispensable.
ter what the even is the injuries him for which
there neither redress oblivion The of lives,
coupled with his name while history records it, tradition
peas it, posteriy bears it, The daily appearance, pr
soner at the bar of the court bitter humiliation To hear
ones self against without the power of reply sick
ening trial of the human feelings Expense loss time, alb
straction from other business injuries The anxetcs
and distress Of friends and family serious aggravaon of
real evils. Marks of ndgniy, deIadaon, such dep
vaton OF the sword, real virtual imprisonment in being
confined TO quarters the place Of trial. the position in
the march sort Of social communication in the ntedic-
ton of official visits appearance public places the daily
remarks of the toughtess the unchaabe the exultaon
of enemies, (of whom every has all these
humiaing concomtans the Of arrest and trial What
IS common of evils and notifications, in all trials he lit
Col r. has suffered and also something beyond what is
other trials and which will be noticed the pro-
place in the general defence And all this without pre-
vious asceralnmen by court Of inquiry, he only legal
court martial This is irreguary which whomsoever
may have been the real auhor legally attaches itself to the
President of the Une States, and which is the privilege
Of 1t COL F., trial he IS to observe upon before this
Court, for the future security of Others while discamng
he does, all exception 10 il in this his
III. The second of the Irregularities which he brings the
notice Of the Court is that Of the ordering of the charges and
OF the authority person. by whom they have been admitted
selected and sent here for trial. General Kearny they
not his charges that be preferred single charge that
the charges trial not his letter from the Secretary
at War; admitted upon the minutes of the Court would
to intimate the contrary, the time appearing to
and recommendation the Judge Advocate put the spe
ccatons under different charges when there doubt as
to what offence they would constitute Now, all this n
regular. Neither the Department Of War nor Gen. Keamy
have any right to send charges this Court To the officer
ordering the Court belongs the right direct the chargcs-to
order what acts and under what heads of accusation
the trial shall be had and this results from the general power
Of that officer The case and the special knowledge which
he presumed TO have acquired all It's facts The power
of ordering the trial would be nugatoy the power did
fix the charges The acts go together and
separated. The accuser govern the charges He
cannot select what to Try and what He fix and
arrange the aecusaionto suit himself II he did, conviction,
at all events and not truth and justice, would be his aim
The name, power, and machinery Of the Government cannot
he lent to any individual for any such purpose The Secre
tary Of War, neither the United States in Great Britain
has any power them The Judge Advocate has none
except put them into FORM attorney general does Of
grand jury preenment The officer ordering the court
the only that order the charges make alterations
in, additions to- or subractons from them Thus Hough,
p. %, in the note "a, quoting from TytIcr, p. 2l7
When il is intended that charge should be preferred
against any person. specific should be made there
Of through the staff department. 1.-THE adutant general the
brigade major other officer, the officer command in
order that ne give directions relative the charge,
well as what other steps he may ak proper to be taken"
"THe officer command intended by this paragraph is
in the case before the Court, the President Of the United
States and therefore is he alone the Presidency who
give directions relative 10 the charges and exercise judicial
discretion in ordering the steps to be taken.
Again, from the place in Hough
not to be supposed that charge drawn up by those
who may prefer is go that state trial but
i may be formed and altered in such The oce wo