The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-20

each one importing variety OF the offence and there.
fore susceptible Of classification under general heads OF
charge.
Our practice has conveniencenot to DO sure IN every
case, but IN many
species, sleeping post then the charge is 10 gen
era but title, as il WERE the 'spccheaton But,
In such ease, there may be plurality Of acts OF the
offence which Il proper charge although fproved
70 be followed By but possible sentence for all the acts
The proofs 10 the different be different one OF the
aeeusaons may break down, and Iteration Of the crime
circumstances OF aggravaoD, Or The REVERSE IA bear upon
Interior questions Of approval or Communication OF Sentence or
pardon
where the offence is ofa gems eouprchending
species the convenience of classification under general heads
still more i that convenience manifest when the
ton 7 Of plurality Of offences as "dsooedience o. orders
Of each offence Then il clear to how practice
tends not only 70 methodze the proceeding but what IS
more important TO mehodiEe the elements OF decision In the
minds OF the ers and Of the superior authority which To
approve or disapprove their final action.
MEANWHILE; whichever OF the two forms OF practice be
adopted whether the American the British, certain IT, in
the Language Of the latter "charge and IN that OF Tie
former specification does not need to possess The teeh
cal nicely Of indictments at the common law Trla1 by
court martial governed by the nature Of t9e service
which demands ineligible precision of language but regards
the substance OF things rather than their forms which es-
chews loeseness confusion in all things but reflects that
military administration must be capable OF working M peace
u true but more especially amid the prraons and the
dangers of war
Hence automatically the most bald statement Of the facts
alleged constituting the offence provided the legal offence
itself be dstnctvey and accurately described in such terms
precision rules of military jurisprudence reqne,
will be tenabe in martial proceedings, and will be ade
quate groundwork Of conviction and sentence.
In the therefore, nasnnch what remains OF
each specification after the exceptions made by the court al
though less full and explicit than the Whole original pecca-
ton yet plainly appears on careful inspection
be competent Justify the finding, and to sustain the
charge the proceedings are, in my opinion valid in law
IT. indeed, there any repugnance in this case be-
tween excepted the specification,
then the finding might be subject to cav in the Of sui
hciency but no such difficulty exists here the words Of
scpton being most whether in the estimation of the
court or in any possible view of them eento not neces
sary to the very vitality of the specification.
keypr Seem 10
words of necessary insertion in specifications nei-
Their were they words Of peccssary exclusion bererom.
While specification is mantanable without the words
| cepted, il Is with them.
In truth those words were descriptive Of the facts seged
designating their character pointing out their relation To
the charge and specially indicating the variety parcu-
lar form OF the offence charged that is unocerke and
genteman conduct of the most indefinite and compre
hensve of all the offences mentioned in the articles OF war
In arragning officer for offence OF vague nature
this it has been thought advisable in practice TO DECLARE
only the general relation OF the facts to the charge but
also their special nature in the given as distinguished
from the infinitely other conditions or species oil
unotcerlike ungentemanly conduct.
multitude of adudcatcd might be adduced Of the
present specialized form Of allegation so that it Is well sus
tanned by precedenfs as by principle.
Particularly Of description would to be for the inter
est Of the party accused if he be innocent or OF doubtful
gutness and for the interest Of the service if he be guilty
and, therefore advantageous on both sides.
But specification is good and will support the finding and
upon it, with without such descriptive desgna
OF the act provided it appears that the facts alleged
charged
suppose u present case, the court consisting
/
their duty did not require of them to find the precise quality
Of the acts ia question: in SO many words and otherwise thar
their in this respect might be inferred from theI
finding the Charge and from the sentence which they
and that idea have offered itself to their minds
lin consequence Of the apparent substantveuess of statement
in which the quality of the facts is here alleged in the pec
cations.
To the of such occasion Of question
exception in future cases. permit respectfully suggest
either concluding commencing words Of specification
the employment the very words charge and that such
expressions qualification the nature Of the facts may
qure and justify when employed be incorporated in the mar
/ rative part Of the specification.
/ have the honor to be, very respectfully,
Hon. JEFFERSON DAVIS,
ess Secretary of War;
BY order of the Secretary of War:
/ s. COOPER, Adiutant General.