New-York tribune., 1873-03-15
WASHINGTON THEMES.
DIR MILITARY COURTs-MARTIAI,


by Congress of bill conferrng upon the Superintendent,
of United States Military Academy at West Point
authority 10 convene general courtSmartal from tho
army officers duty at tho station seems 10 call fora
concerning such tribunals Upon these in time
Of peace depend good name. the rights. and the lib
erries OF $1,000 soldiers officers and pryates In time Of
war; as we had unpleasant occasion TO know their
Jurisdiction may reach amon citizens It Is therefore
apparent this subject Of vital interest not only
TO the regular army but TO every loyal family In the
land. For at any moment some male member OF 1t
may be brought before thelbar Of these military courts
either a mitaman ordered for duty or as a youn
teer mustered into service.
Congress- under its constitutional power to mako
rules for and regulation OF the Land and
naval forces" in 1906 established the Articles Of War;"
adopted fact already By the resolution OF Sept 90
1776 These articles based almost entirely upon ths
English Mutiny act are with slight exceptions, stil IN
force as the fund damenta law OF the army ana include
the organic statute under which courts-nlrua act
without material amendment for nearly century, aud
based upon almost feudal precedent these articles
provide tribunal inconsonant with the spirit OF our in
sutons and unsuitable to sodiers,who never cease
to be citizens. The broad principle Of the common Law
that the accused shall have at least equal rights and
privileges with the accusers ignored practically by
the cOurts-martal OF free America. Whatever DO tho
character the charge or frivolous whether ths
commanding officer prefer it TO enforce discipline or to
crafty malice from the moment it is advanced the se
cused Is placed in duress Startling az ~ may
seem this power OF imprisonment is unlimited
as 10 time, except that the act OF July
H. 1862 provides that officer shall be broughf
10 trial within forty days after confinement or the ar
rest shall cease Even under these circumstances he
may be tried within twevemonth. OF course the com
mandng officer IL responsible for his coninct to MS
military superiors, but ground is and believe
the Constitution sstains u.s. that the rights and liberties
Of no citizen should be infringed or abridged bJ
individual action. except in strict accordance WITH post
tive legal enactment
Having pointed cut the preliminary injustice done the
accused prisoner will now assume that court OF
impartial officers has been assembled and Is ready for
trial The Government, in all cases the prosecutor
represented by a JudgeAdvoeate who - at the same
time the recorder and legal adviser Oi tle court te
prisoner may have the assistance OF counse th9 Noh
luton Guaranteeing that right such counsel have
standing in court-whaever they do must DC Done
through the prisoner. Col. Bcne the latest American
authority on" Military Law aud Court5-Iartid says
on this subject .,.
framug questions which handed by the accused to
the Advocate on separate slips OF paper or 39r
jectons that may be rendered necessary D me courS
that the counsel is not to address the
court, interfere in any manner IN the prOceedngs
his is only tolerated as friend Of the prisoner"
and yet military trial Is open 10 the public! Wnen any
aecnsed his counsel witnes ses ana spectators
cuded from the session, but tine prosecuting ohc'r ne
mains with the in secret cOnclave Inc court asa
rule simply its decision through the Judge
Advocate without assigning for Its conclusions
Ir disposed be 1t might be shown that all
this varies very little from the famous star Chan-
Der procedure. The finding rendered aud the sentence
imposed in closed session, but stil IN presence or
the Judge Advocate One tangible injustice ths
result from this Is the Inirnsemeht oil pISoners
rights challenge. Very frequently similar charges
against different individuals tried by the court
defendant Of course has no knOwedge Vi lhs
verdict already reached, and may therefore DC com
PEELED TO trust MS case 10 jury anl JuuseS "io ,
already decided upon his 0ense. Tue Judge AdvOcse
him need not submit the second charge 10 the sauna
court, might perhaps challenge the whole array
trial brought to conclusion, including verdict
Yet it granted to the military prisoner Tor tns
prie r5ed nnon bT HIGHER authority before their udg
ment divuged. No good reason can be advanced why
the prisoner should not at once know his fate0 r as
be ieOpardcu principles endangered were ths DONE
the proceedings might still require the action OF supe-
make them effective or nugatory while the nc,
cused might thus be spared weeks OF uncertainty anu
suffering. Judicial proceedings should most assureiy
be humane 20 allow accused persons 10 n4er 10 uoios
and anxiety after tral reminds one OF the pracce Oh th
InquistOn: certainly not in place IN any CODE ciyh
military, OF the nineteenth century. very often oo
although We have corps OF JudSeAGYOcltes, edrhod
in the law, these iunctonarles are young Obcers de
tailed to assst court every one Of whose meuels a5
experience and knowledge OF military Juris-
prudence than tue representative OF Government; tneu
may spectacle Of jury and Judges ques
onng witnesses in the interests OF the prosecution and
the interfere. for the questions nave
been preIudged 10y the members propoundlnS them'
(GreenleafJ a..
according u the evidence addueed "ho IN the absence
of any code or authoritative rules shall determine wuat
constitutes evidencet Clearly the members themselves:
the human mind for want OF liked standard OF IN
depreciation which IL must submit may consider PROOF
to be strong as Holy Writ" whenits synpahies are
listed, or wnen its preiudices are aroused may deem
tribes light air most convincing testimony IL
to impugn the good faith OF our officers, but
simply that without predeternnedrue OF acton
the human understanding prone biased by feel
ing Hence IL follows that wne court-martlal IS tho
very tribunal that would be sought by iay0rte SOLDIER
it may be likened % preiudiced jury aud Onesiiei
Judge when unpopular individual is brought 70 trial.
In neither do the scales OF justice weigh fairly
great step IN advance was taken when the Judge
AdvOcate General Of the Army created by the act
July IT, 1862, and Judge Holt appointed to the poa-
But under the law inns officer can revise proceed
ngs only they have become rats dccOmBtls. MS
recommendations may or may not be adopted ~ ths
There cases ON record where the Ju1ge-Ad
has shown cOnclusiyeiy that the ludg-
of the wrong yet the court adhered 70
Its nndlng. and It's sentence was carried 9 eHoot lno
present Secretary OF War must understand tne vague
and insucency OF some OF the Articles Oi War; for
IN his recent report ne recommends tBt congress dAe
such enacmens viii insure an equalization O punish
ments throughout the army. As rule the dr6ices
merely provide "such punishment cOUrtmartA
may infct" ohenses Naturally, IN the absence OF
standard authority, court may regard any
violation of law or discipline as hein0us when inOher
would consider without graVamen; ana the sentences
would vary accordingly.
one other objection presen laws must be referred
to, which brings the West Point bill No im
mediate commanding officer should have the rghf, ia
Of peace, convene c0urtsnarta 10 act upon
their proceedings The power is too great the tempta
ton strong. The Ofense committed under his
perhaps against his local regulations and he must
nave opinions concerning II ners whicu may nuleheo
him in the selection OF officers 10 constitute the court
Then again should the court not hnd or sentence ia ac
cOrdance with his Ideas Of justice, tne conYoninS Of
human after all, might not be able As commanding
officer to conceal his disappointment or dlsaQproOaon.
Officers might then, to avoid unpleasant relations WIN
their commander quite uudesignody Ue more wiling 10
please MN thah 10 hete out us strlct uue 70 tuo
prisoner Il 1t not evident thar the cOnyening and ro
nuenees OF the locus crminiS These points Involve
questions Of the greatest Importance 10 The state ana
Committees OF the Congress two gentlemen wno,
both Dy their experience soldiers aud ther profession
as lawyers are especially wei quahhcd " feF4'e our
whole system or courts martial