The sun., 1870-10-27
A QUEER COURT MARTIAL.
BENJ5MIN y. BUTLER STILL ACTING
asa MAJOR O ENERaL.

AS a haJOR-0ENEhdL,
A Disabled soldier in n United states Asy-
Iun Kicks Against Pork ana Benus-
Heis sCourt-Marttaied-Cieu. Butler Tries
TO send him to Fort Delaware.
There is much comment in the public press
about the contest between the Republican leader from
Ohio, Gen. Schenck, and his successful competitor,
Col. Campbell 1t turns on certain votes-supposed
to rejected-whch ore thought to have been favor
able TO Gen. schenck. These votes number 600
They were soldiers-disahied- the United States
Asylum, established under = law OF Congress, at
Dayton. o., where scbenck lives. The Republican
Supreme Court Of the State decided these votes
to be illegal. The Republican Committee OF the
county OF Montgomery denied In advance that
they proposed 10 use them. II the contest
turns on ths-and be national one
1T would be well to understand what the rela.
tions OF disabled soldiers In Government asylums
as voters or otherwise. Gen. Butler has decided.
Tie always Ia in advance OF his party. His we'll
known friendship for Gen. Schenck led him more
than year ago to decide In an authoritative way
as the chief director OF the Dayton Asylum, precisely
its status. II seems Gen. Butler holds the asylum
TO be q camp, : barracks. an institution Of war,
BLOODY, BLACK, WILD, yLAoRAsr WAR;
the inmates subject to trial by courts martial. He
holds that all the powers Of court martal-dcith.
imprisonment, and 30 en-obtain In a. asylum; that
II q abenenciary--oneArned, one-lesged, one-unged
deserts, he 10 liable 10 penalties. lie holds that,
Major General, he can call court martial, and i'm
mure and punish as tho court plesses This is ex.
naordinars; but Gen. Butlet seems TO be confirmed
bv the decision OF tho Republican Supreme cour. OF
Ohio, who have decided thus;
John p lSiAts dJL D1rfd ". Ress, error 70 tia Com
M nor rie.' y HoIigSamery county
volunteer soldiers
rnied stat,s ats anon ne Be- ncSdf1, BIN Ing io
state. through the medium o. corporation create
ny ,et or NAY pseHc , sha npa % 81 @
'utuugn " U1l "A states -,-.--,..,.
tns cSa.sq, cSfls Lecisla'ate oi nc Ssis e w6lsh
i aSc'cd rr1cr the proyi,Sns OF the same i,c,Ion
with exclusive jurisdiction over the sane ana ia ap'
? The Inmates Of such an A'yirr. resident within
snch crtory being within lhe eIcln,i,e lnfl,dci,4n
whose houndarri such Nsvum or territory may b. st
%aS ass PSF S,5o 's'a Sa ! U Tue f o
Ter. hc elective rr,nchi'e noon the residents as
one the inmates of s1ch m aayum, resident within
hcd witain sud uadcr the laws Of such state.
II the Uniicl States nave exclusive j1risllction
over the asylum, IA II not a damaEng Argument
agrin-' Gen ScIcacs'. preenslonS' But the pr1cti-
ca! Illustration Of this exclusive Federal jurisdiction
is iound In the following narrative 4:
rHE cAsE or OLE TROJAN.
The Cou0r,oOi,di GLO5e o! 10th Aprl, 1870 (p1ge
?s49i, shows that Mr.. Coz, by unanimous consent,
submitted the following resolution; which was real
considered. and agreed to:
eo%mmnSas % rh a. s % sff5ssS 5s pt S m PC n T
pApcf. ii hi, once With reference The iri, and
National Asylum for Disabled Soldiers by a court
martial and also what action has been taken thereon
Mr. Butler Of Massachusetts, said: Mr.. speaker.
desire TO enter motion W reconsider the vote by
which the resolution OF inquir' s 70 the tria OF
The speaker-Thc motion to reconsider will be
eutered on the journal.
Nothing el.o appeared about this mst,c- until the
last DAY OF the session July IS. ls7O wheu b. the
Globe IL seems Cp1gc s652D that Mr. Butler called 1t
up and had 1t referred.
NATIONAL ASYLUM yoa DISABLED SOLDIERS.
Mr.. Butler. Of Mass schusetu-IIavius enter,d =
motion to reconsider the vote agreeing the resolu
tion Of the gentleman ION New York NJ Coil re
qniring eert1in Information fron the Secretary OF
War In reference to trial in the National Asylum
for Dis.oled Soldier., , now move to rcict the
Tie Clerk read as ioi. 20:
Re'olr,i. That the sccrst,ry OF War pc d,tccted g
Paper. D 6. ofca WIS, TsiercSes 70 ne irsl Sai ;sa
!encs Of asoidieL named Iraae an inmate OF The "a
and also what action has been taken thereon.
resolution to the tomu,tee authorized to examine
into the Affairs OF the Disabled Soldiers Asylum.
In offering the resolution meant no reproaeh 10 the
peruniary arrangements OF tho asylnm tie question
| Il whether elcemosynary Institutions can try and
| punish benehciHrcs by court martial Let the court
martial business he investigated.
Mr.. Buuer OF Mass sachusCts-Wha, tho Rehtle
man dcsignatcs rs court martial WAS designed TO
protect tho inmates against the arbitriry op lres
sons To which they might be subjected b. officers.
| hope the resolution will be ro'orred.
The question was nut, and INC resolution was re-
| fcrred to the Committee on Military A0ara
| Ole rtoan came to this country rom Norway in
1861. lie joined Company !. Fifteenth Wisconsin.
HE was prsABtrD;
lost limb or SO; Dc au Inmate NJ the n sab lG
| Soldiers Asyu'n at Dayton. Gen. Butter was Prrsr
| dent oi IL. Hoard Of Trustees.
On TIE 81 Of March, lgiJ, court martial was as
sembcd to try Ir1an. The order Tor is nssc nhll'e
| was signed, "Rv eommani Of N jor. Gen. Butor
| o0iciai. L. I. Brown, Dept. GOV"
| The charges against rruan were, nrs', descrton
| second, conduct un5cconns beneficiary Of the in
The latter charge Sas based on ,n article written by
| Iroan for the Scandinavian newspaper at chicago.
H. He represented in th. article t'l he was an in-
| mate wanted eommi 'craton had los, both legs beg
gcd Tor mohey Tor the sake o CHRIST tha he was nor
| rlb'y treated, " led on swine flesh and beans All
| tbs was charged on TroNn, as written TO obtain
| charity, When TfOan was arfaignci, bong
tricky rogue, aud not knowing his mlinin'ent post
ton az an object OF national bcnc0ccnce In iAc asy-
written to cntiap the editor, who was opposed 70
him IN eoluss' lie sail It was Ldts de D1e me4
lie saii, In answer to the chsFges, that lie wai moi
| alriend Of sAne flesh, or any other kili OF Nos
but he woud eheerlu.l converse on that snlJec
evidence eI1ugh to conylct for civil tribunal
aud on 70 March, 1874 another order to Dr. Nc
| Dermou, surgeon, was issued TO reassemble tn,
court marital TO I Troan over sgan II was signed
by Il. r Brown, DeDt Gov. TIE Court assembled
90 the ash oi March wa made IN or the sur
geon, stevard, two exsergennts two exprvates, and
a Col, Skies as Jui,o Advocate. Troan wa'
tried, convicted, sentenced 10 one years nlrd labo
at Fort Delaware, or any Othof olac" 70 be dc-ig
mated by MaJor-Gcnepl b. r. Butler, President o
the Board OF Manager. THIS sentence was signe
by the officers aud "frwirdei 10 haiOr Genera
lutcr for approval March 81 1870 f., L. Brown
Gu tuo 81 OF Apil II was te'crrsl IN tn Secretary
of War Tor an order TO cpnlne the convict IN For
Delaware or some utler military most.
HciutC the second mai n seeua that on The IN q
March, at the first trial, 1roan pleaded guilty, an
was dAhonoribN DISCHARGED; thdt Brown, Dept
| Gov, thought the sentence too light ~
charitable object, and
| SENT iHE RECORD TO GEN. BUTLER,
who dlsapproyed the senten e. and ordered the nov
| court martial, hol, ng--as Gen. Sehcnck does not
| We suppose, bat the Ohio Supreme Court do hold
| that ." we (IiutleT aud the o.hor managers) have al
the powers any court martial has by Tie rules an
| articles Of war"
What did the War once do' On the iith April
1870, Gen. BoikGsp Nriiea 10 the " Hon. B. y. Bu
| Ter, Pre- idrnt Of tho Board,' that the "Otdc
cannot De issued Ss the proccedngs are Nod end M
| authorized from the beginning that there can h'
no court martial except with ofhccrsi that thor
| was no rank TO the er DriVates who hold iii
| court martial that lnCy not sworn that tht