The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-21


President nor should officers who go honorably out Of
The service by reductions congratulations, Sc, be dis
charged without the Presidents order shall the dis
ssa or discharge by the sentence OF court martial be
sufficient without his order.
Iis is the meaning Of the article, in it's real con-
nexion and legal ntepre aon with the OF the code
Under such interpretation il has been the universal
tom in the army 10 discharge officers by the Presidents
order. The vague construction that such unmeanng
language intended to in the President the poie.
hal and high prerogattue OF SOUefegatyof dismissal
Without tiat-Is legal paradox and an unmeanng abb
surdiy 1t is in legal effect this that The constitution,
having left 10 Congress the trust OF making laws for the
trial and punishment OF military officers, has provided
courts martial and trial by peers for all minor and venia
Offences bat lett TO be exercised at the will OF the Pes
dent the extreme penalty Of dsmisson without trial OF
even an Monslrous absudity and misapprehen
SION
Again if the language quoted, or sentence of gen
eTal couft-narta had been omitted IN the 18th article,
ii would have been repugnant with The ooth which au
horizes the approval OF courts-marta dismissing com
missioned officers in time OF war by the general who
ders the court cannot therefore, be inferred that the
words discharged the service" used in the III Ia a
Gle mean dismissal without trial by the President
Another argument the tongues end OF many flip
pant and unmeanng takers both OF the army and navy
u.s. OF course the President dismiss he peases
Don't commissions read to be held at the will of the
this places grave constitutional question beyond further
controversy, ii fortunate for both the army and navy
tina, such questions not oil the nature they are CON
mssioned 10 contend with. However little they may
think, however feebly they may reason upon such
questions, they nevertheless sufficiently expert in ar
gumens with our enemes-such arguments | mean, as
we in the issues OF war-knock down arguments,
for example They are able enough champions in The
field OF honor but they certainly evnce but the very
ieebest and weakest defences of the legal rights our
Offices, and the strong shield of protection the constl-
ton and laws have cast about the military man, whose
fame and honor they would expose to The caprcous
of passion or the lust for power On this point
will only remark that the commission of military Off
only the evidence of his rank and Office and moi
the tenure by which he holds them, in anywise ne.
cessary to his legal appointment.
The fact that the President has many occasions
ercsed the power of dsmissing military officers without
trial would, in the minds OF many, be presump,ve
of his legal right to do Prescription, however,
cannot confer right and the oltenepeaed usupation OF
power and office. with whatever IMMUNITY it may be cx-
ercsed does not lessen the danger of such aggressons
If it demonstrates anything, is The fact that Congress
has not, with its usual vigilance and jealousy, watched
the usurpations OF executive will and power.
Another fac, may be here mentioned Many officers
both Of the army and navy, have silently suffered the
Presidents order to dismiss them-and for the reason
Ina, they had been guilty of shameful acts that would
public trial by court martial The record of the court
would have been historical of nfamy they desired TO be
covered by oTgetuness and oblivion. They have there
fore silently and gladly acquesced in the usnrpaon of
unauthorized power 10 dismiss Z Nevertheless the
mischief OF the illegal OF ,Ds power is again H..
us,raed in those cases. sanctions and terros Of the
law are not visited upon the degraded and awless.
But beyond all these issues OF policy and eypedency
is the prominent and fired fact that the constitution has
vested in the Congress the power 10 make rules and
regulations" for the army and navy. This vestiture of
power cannot be cast upon the Executive Congress
b. law create the rules and reguationsshe President
must by virtue OF his office. carry them effect He
canno, 20 beyond the execution of the laws that Con-
gre makes These have defined every degree OF offence
aul the punishment that court atrial may nfici-from
deaha dsmisson from the service down the sloppage
Of days ration OF the soldier In no act but
the single OF January 81 1923, is the power granted
10 the President, dismiss officer without trial This
il for the rendition OF his accounts and this the
Executive simply carries into effect disDisson without
trial. because directed by Congress 10 do So
This is subject OF great magnitude, and has never
received the attention its importance demands Ii vitality
affects the independence and manliness Of military Off
GERS who, in the very nature OF things, should stand in
subservency 10 no human will, and whose only fear
should be TO do wrong Has Congress nteres, in this
matter Are not the signs of the times portentous of
momentous events, in which the army and navy may be
made the chief instruments Of power to subveu liberty
in the world 10 pepeuale this continent forever
Again ask Congress TO look to this matter The scep
Ire OF the military power is in your keeping See that il is
usurped and passed from the control and wa,chul
ness that the constitution has placed upon ii.
AFLOAT AND ASHORE