The sun. [volume] (New York [N.Y.]) 1833-1916, 1883-01-14
rns CASE or 1rs JOHN roRxxn
TIE Report that Prssiae.t Arthur nag vets
che 0tll.

TIE Report that Eroseaent Arthur nay VetS
che Dill
To THE EDITOR OF The SUN-Siv. II
appears from statement made by one Of your
Washington correspondents that President Ar
thur may veto the Fits John Porter bill because
the Attorney General has given an opinion that
itwoull be dangerous precedent for Congress
to reverse or set aside the finding Of court
martial. This objection has been made hereto
fore. but II 10 not sound one. Acourt martial
Is no part OF the judicial power Of the United
States. and. therefore. Its findings or sentences
are not Judgments Of the same nature % those
Of q court which 10 Q part Of the judicial powor.
believe It may be shown conclusively that a
court martial is nothing but an instrument by
which Congress governs tho army. and that In
It's legal and constitutional character It Is like
any means by which discipline 10 maintained.
The Constitution not only authorizes Con-
gress to raise and support 6rnlies" and to
provide and maintain navy" but also to
make rules for the government and regulation
OF land and naval forces" This last is legis-
through system Of !" ryles. " usually donomi-
tions provide for the trial OF military offences
-.Thass tribunals are not Inferior courts Of the
United States. such a. Congress Ii authorized
&c sss part TIT q s "a Sws Il Is
tionsi attributes Of the judicial power. can be
predicated Of . court martial q its fndings Or
Ss courts snf II sSSs must
hold their oees daranf good 6ehayiOr And
which cannot Be- dl%ie lshed during Ing their con.
tinunnce in ofico. The members OF a court
martial are merely officers Of the army detailed
ssry that an ocer or Ts SC! deF should be dscl
plined for some supposed military offence, II
Is not usuaIeitis not compensstion at stated
times payable during their CONTINUANCE in Of
that Of their military rank a. Designated s By
IA the next place. the judicial power does not
extend 1ed the sn trial military oenoes Not
only has there never been statute authoriz;
of . court martial Into the Supreme Court. OF
S9er 81
he army Is so%%itted ~ the ' dcnstit"tion to
punishable under the regulations which Con-
sd makes Tor the q the
Il In the third place. al! crimes against the
United States, except In cases Of impesch-
presentment Or indietimeh t & Grand jury
excepting In certain cases. What are these OK
ins in the land Or naval forces. or in The mill
tia when in actual service In time OF war or
pheS These ARE the e for
cordinKiy they are tried without a Jury. with:
Jury. and By a Board Of detailed ofiieers. The
81 quasi judicial character. and the common
served. But this docs not make the tribunal a
part OF the judicial power.
n he Gnsd re
judicial power 1t is nothing but a determine
Ss Re Is 20
his rank or otherwise subjected to military
Punishment q which %oy INCLUDE death 4 the
tSe President, as commandor :Sehiei On
but It is|hls dItyttQ execute i without question
yooH. u9 rem h s
Legislative act which sets aside or declares err
roneous the finding OF q court martial. or va
penalty. Is not an interference with Judgment
In the sense In which there would be an Inn
to to Death peaaty Or WSee
sSusss = e Just 3 much Within tie lsssis;
ize the. court martial to take coenizanee OF the
tary trial was to administer discipline V within
the thea, army; The whole object OF Legislative act
sss ts se e the
Quences Of an unjust finding, or from finding
been wrong.
Ills 70 be hoped that the President. what
ever eve 70 other reasons he mHyhave for not approy-
sign It upon the. ground that the sentence Of
court martial. like the. judgment Of one OF the
lative power. This. II ac9uiesced in BY Con-
gress. would. indeed be to establish an I'M.
nine tenths Of the best lawyers In the country
II they were to examine the question without
prejudice. would tell President Arthur that an
power to restore an officer to his rank in the
army. Notwithstanding the sentence OF a court
martial had perpetunlly degraded him from It,
would be free from all objection as an interior
ence by the Legislative power with Judgment
Of judicial tribunal. q. +. G.