Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-01-12

time. The only question that scemtd
70 agitate the senate and the opposition
TO the restoration Of foRrER, was the
right ~ congress 20 take up aud re
view the proceedings 81 the court
martial which inSeachcd him. II
ould seem 10 he the distinctive dn-
tics Of congress to make laws for gov
erning such tribunals, and not its
province to reverse it, rulings.
II woald furthermore appear
tina; competent count-martial would
understand the duties deyoiving
upon II In such cases better thana body
Of men whose duties and Whose studies
were in far different channel. All
military law ON the subject sustained
the action " the court-martial and all
presidents endorsed It. The NAro-
Lrs.Src maxims Were referred by the
advocates II PoRrRR's restoration. but
were tnrnei TO the advantage 81 the
other side when trey we're produced.
Nothing showed there was any limit
10 military obedience in the army OF
Chat soldier who has the distinction OF
being the ideal prince militant Of
ancienloT modern times One OF his
maxi.ns was that when the general Of
the army was not present
TO give commands, each corps
commander should march 10 the sound
OF the enemies guns The great milf
tary authority Of the country, DE
HIATT, aud who il referred To BY all
court martials la cases Of doubt, says
iha, hcsilancy in the execution of
military order is, under most cream
siauces, serious olIense, and subjects
one to severe penalties. but actual dis
obedience - crime which has been
siIgma,izcd by the law a. Of The highest
degree, and for which The punishment
il death. LoGAS quoted the follow
ing in his argument against the re.
siofalian Of PoRFER before the senate:
The duty of military Obedience sa3hc corr.
fnafida ~ shpafior officers Is most fiily frc-
OK nisfi by eBsfts ~ IA ". nBd u has besa
held INST sitssIitrdieace never admits OF lusit-
IcaNous thai nothing but the physical im-
possibility az ukcyinK az order ran excuse the
aou-i PER UTHnslea " 50. aud that whea such
infsues.t lityi 3 proved. the charge % dlsobe.
Gienee iails ~ ia. ground. The learning on
this subject IS - be isugd Ia the great case 81
Srrfus gs.3oHSsfpSE = ilrst Term Reports. ~
which was an action BY captain strEuN, ~
his MsIEiv's ship isis, against Cam.
Iuodors jDuSsroNK, for arrcsling ard
imprisonins him on charge Of mis-
conduct ond dlsohediencc a. orders VA the
action with the fncneh squadron under ".
SuFFIaFS IN roiito Fraya Hay. in the year
IN: and thrFt g two chief justices, Lord
IASsfzEIn end Lord loUaHBEoUGH laid
down tjie mw ia she following terms
s sutorc iTtatr officer mast not Judge cf hs
danger, prupucly, expcdiency, oF cOnse-
qnence " iheursieF he receives; be must obey;
soothing can uAenee BIN but Is physical i'm.
possibility. "a faylefD hope Is devoted:
many gallant Oiiiecrs have been devoted;
hects have he5u saved aud victories oh
tanned ny ordering particular ships upon
desperate service. with almost n certainty
~ death or capture.
Such language cannot be mistaken,
and when IL IL overlooked. the tribu-
nal which does II does nothing less
than declare the ineompetancy OF the
coart-mastial in such cases, and
should at once abolish II.