Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-10-24
For The halga.:.
yTIS NEW GILITARY C0U9TS.

tho ilot'ILtl%aI VI MiHt5TF SVhTth 10y Inc
7.csnt act Il Congress may DC fesar ded IN
the light .! Gil experiment, but We have full
confidence tina, it will prove d very successful
ono. The act provides for Il court ioT cath
array corps but We believe eXperieure ~ill
prove them W uselLl, and YET so o-urbur-
.i.ened With necessary dGtles, that The opera
zion of tbs act sill have 20 be tEtcr.ded. and
each division. or perhaps each brigade, viii
haze to Us crowded With a court.
The Advantages to accrue from them are
two fold: Fist, they sre per;nmrsnt in their
consututor; ara, s~ec,nily, t:eg ara inde
pendelt Ii tLoir organization Or Iuods OF ap-
f.. ointment And a third obvious advantage
!; hat ofsssrs ars not withdraw, IRON ;h,u
%"!slaanda lii ell ccsss III whlcG tins new
Court slperceie: the Court N,arlisi. AILorg
tho earliest fruits ot their Operation 80 ma!
look for improved discipline 10 The ar!by.
arriving from lie Improvement i'll ~Ici.tsry
laH-irnprofeupens III its understanding and
digestion, Sad III the certainty, aqnIy and
.;npxrtisiitY Of is e~dininEtrstlun< Jne modes
OF punishment Ii she aruiy a-e limited and
badly graduated These UolriE viii Iriai-
nI:e new cars. lad ieo.IoTa"no rhIE fer
sdopuon-
Bu: tho Inost Important d:tfsrauc-. between
these military cSu'ra. A"d courts %tLsrtrHl, l.
in the nude in which .in Ger 2ers are
appointed. The d. SaLo;a Il : cruit martial
are appointed by tie commanding otiGer~
The members Of tie military courts are 20 ts
appointed BIZ the President, subject &c conhr-
nation hy tue senate This change -as ob-
v:oaslY Intended tC ascuro tha Independence
of ske court, a2i ~incre.ss the eoufIeuo? e
the un;Io tbs ieci.!ona 81. military 1oe-as.
Al Independent! }"dieisry bSs s-eI 5-isn the
toast # the A"ain-Sszca rs:e: nov this in
dete nGeror !. aults IL Ee:A:sary nad bic
IL Inc military ~ ID tne civil department Of
tho Government; Jet, bu. little care has
huretOiYre haeH taaea to secure SO Desirable
al uijec:- i 10 Ibs duty OF the commanding
officer who Sppoints the court martial 10 re-
view its declslnr=. ana q approve or d:sap-
provs it's Judgments. TneY nay also
scpd nJ cssa back to he r>censidsred.-
In many cases it is the jnrJ of this sane
commanding officer 20 :uaiataia anargaa
against officers under Dis command, ANA 70
occupy uSsts otiaiiy the pcsision OF p,ose-
outor. Indeed it may often hsppan that 10
alone con properly occupy this position. lie
also necessarily, ieon his position, exercises
great control over his officers, haY:ne it in
his power greatly tn promote Ut Tetard their
dvanoeihen:. Il il nor St'apee tia, ne
should bs Showed to appoint from among bis
Buhordinate- IN. rnenbers rs 8 court marital
ia try perchanoo an offcer prosecuted b.
himself? What would oe thought, for in
sLaaoe,us a CIVIL casa If the prosecutor wers GER
EaitLed 10 ssiect o jury, " review the DECISIONS
Of the Court Yer, in Reality, it il still more
objectionable that this shouli he allowed in
our military Courts rhoss power o,er tie
accused Is, i'll many cHs.S, unlimited.
Inaeoe .desa:, thsC-1n. nrst urd most I'LL
por,ant essential 10 the administration OF
Iusuce-has been aimed a. hy Couyr ess il tie
constitution Of these ner Military Courts
Over them the commanding officer Is t, have
NJ absolute control, and In their appointment
he has TO voice. Further, We ,na,ntain tnat
no should no. D. consulted ir thu matter OF
appointment, otherwise tbs chief aim Of the
law will .te thwaited. We do p-otsst most
earuessly, now ct the start, against these
courts being lowered u the level OF staff Gp-
poiurmeuts OF commanders OF oorpS Let the
true intent of the law be carried out, and hi
independent niiii4ry judiciary be sccursd--
May 1t bot h1ppeE thei tie copmatder him.
self may oseoms q party interested IN Its de-
cl5lons! AID how ia such case could feal-
less justice 10 expected from his own reoou-
mendses OF aptointees. No, let il, Oh the
contrary, Re regarded as ludelicate, Il not i'm
proper, for such Commanders even 70 recon-
mend, nuch LEES nomsusts the members OF
the courts, and their independents b. sscured
uniupeschsbis and above suspicion. We
sinc=rely trust this view may prevail. beth
With the commanders themselves. aud, what
Ia mors essential with tbs PrssiGaas wto Il
% appoia: those nil.sry judges FuM
yellow fTer bias made its appearance 10
several towrs in Texas At Sabine Pass, At
.hs L.,ss: news there hsd been Is deaths
iron it Most Of the people hsd led from tho