The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-09-07
GENERAL ORDERS, NO. IS.
WAR DEPARTMENT, ADJ. GEMS OFFICE.


WASHINGTON, July 90, 1859. I
The following extracts from decisions by the
War Department upon proceedings of courts mar
tial are published for the information of the ser
vice.
l. The commander who prefers charge nav in
the exercise of just and legal discretion when the
act may fall under different articles of war elect
under when TO charge 1T, or may charge it vari-
Ously as in the several counts of an Indictment
But under whatever article a charge is laid the
specification to it must state the act in terms appro-
pirate to that article and not in terms which neces-
sarily refer to some other article; and where the
act cannot be stated described except in the lam
guage of particular article of war; the charge is
confined to that article. In this regard the rule of
pleading is not merely technical but is essential to
the legal statements of offences. Some writer's on
military law have laid the rule down so strictly as
to disaow any resort to the general article in cases
of offences specified in the other articles ''When
an offence is of that specific quality as to be reduci-
Bile to particular article of war, to which known
and distinct penalty is attached, it must be prose
cuted under such article, that the intent of the law
and the purposes of justice may be answered. -
Samuel and Hough. They consider that in such
cases the law restrains the discretion of ccmman-
ders and courts, and that the general article "holds
out, not a substitute, but substantive course OF
prosecution for offences not otherwise declared"
II the rule does not obtain so strictly in our SER
vice, still specification appropriate to particular
article only, cannot be laid under the general ar
tce to evade the penalty prescribed in the particu-
lar article.
In this case the specification sets out in distinct
terms act in violation ot the 46th article of war:
capital offence and not triabe by garrison court
martial. The order of the department commander
suspending the sentence is confirmed and the SEN
tence is annuled.
H. The order of the department commander ar
resting the sentence is confirmed for its uncertainty
and egality in adudging the party to be imprison-
ed until he should do act the court could not
order. His making restitution might be considered
by the proper authority on question of pardon.
War Department orders, No. 2 of 1857, does
not ''prohibit restitution of stolen property or
money" 1t says nothing about it. In case pro-
perty or money stolen is brought into court and
identified, the owner may claim it, and the court
will order it to be restored to him. But still, trial
by court martial is criminal proceeding, not an
action to recover debt, or sounding in damages for
injury, and in this regard, the order No 2, and the
law make no distinction in favor of soldiers over
other persons, who have suffered loss or injury.
The 9th article of war, that a garrison court
martial shall not imprison put to hard labor for
longer time than one month, provides for the
penalty for one offence. The settled usage of mill
tary courts, to adjudge one sentence for all the
offences tried upon one arraignment, ought perhaps
not to be disturbed. But distinct offences sepa-
rate trials by the same, or by different garrison
courts, may each receive its appropriate penalty.
By order of the Secretary of War,
f. D. TOWNSEND, Asst Adj. Gen.
The United States steamer Sumpter, under the
command OF Lieutenant Commanding James f.
Armstrong, left New Y York yesterday.morning at A.
NJ, bound to the coast of Africa. The following is
a correct list of her officers:
Lieutenant Commanding, James F. Armstrong;
Lieutenants, W. B. Fitzgerald. John B. Stewart,
James A. Greer; Passed Assistant Surgeon, j. II.
Otis; Acting Master, G. II. Perkins; First Assistant
Engineer, Thomas j. Jones; Third Assistant Engi-
neers, E. B. Latch, James II. Morrison, John s.
Pumley; Captains Clerk, G. F. Float; Purser's
Clerk D: D. Clark; Masters Mates, Charles Ewing,
W. NJ. Wheeler.
A letter bag will be despatched from the rooms
of the Naval Library and Institute, Navy Yard,
CharlestOwn, to the squadron at the Brazils, per
ship Cheshire, Friday, Sept. .. Letters, news
papers, &C., sent to the Institute before that
day, free of expense, will be forwarded.