Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-02-26
FORTY-ElGHTH CONGRESS-,
SEN ATE.

~, - ARLINGTON, FeO 20.
Mr.. Sherman, from the congressional COM
mittee or arrangements on the Washington
monument dedication, submitted q report and
concurrent resolution expressing the thanks
or Congress to Col. Thomas Lincoln Casey of
the corps of engineers, his assistantss and the
workmen under his and their direction, for
the admirable manner in which he and they
performed their respective duties in the COM
pietion OF the monument to the name and
fame of George Washington.
Mr.. Hoar called attention to the fact that
the judiciary committee had reported that
several OF the practices of court martial as
prescribed by articles of war, might we'll be
modified for times of peace. Such courts,
ne said, we're usually conducted by gentlemen
onacqualnted with the principles of Law or
the rules of Congress. The committee had
suggested that an experienced judicial officer
should be associated with the court martial
Mr. hoar expressed the hope that early
next session, Congress would apply remedy
| to the existing evils concentrated with the
courts referred to.
Mr.. ingalls, opposed agreement with the
House amendment, but there were some mat
tiers connected with the trial by court martial
that needed more serious consideration. He
| referred to the trial of Gen SWAIN If pub
lie statements were correct, he said, the pro-
ceedIngs subsequent to the trial were a dis
grace to civilization. The Senate would
stand by its rule and not give way to the
proposed amendment.
Mr.. Sherman thought Mr. Ingalls, hyper
critical, but there was one great evil connect
ed with trial by court martial. The Judge
advocate was practically nothing but prose-
cutting officer, and in the Swain case proved
a most vigilsnt and aggressive Que
A. = a
House of session of court martial, while
the press was reporting it disgrace to
American justice for all time. He defended
the members of the Swain court
MIR. ingalls, said he had not meant the
slightest imputation on them.
Mr.. Hale was not disposed to believe that
any superior military authority had intruded
on the facilities of the court Nothing in
the record gave color to such imputatlon.
Mr.. Sherman remarked that no senator or
other person had assailed the secretary of
war.
Mr.. Hale said 1--WE were told that this
decision of the Swain court was the sum of
human authority, and that it had been in
fiuenced by superior authorities. That must
mean somebody"
Mr.. Cockrell asked Mr.. Ingalls, to name
the officer that had acted improperly in the
matter.
Mr.. Ingalls, replied: 81 don't know any,
thing about it." He recited the circum-
stances attending the submission and promul-
CATION of the successive findings of the court,
and inquired whether it had ever before been
known in any civilized country upon the
face of the earth that an appellate judge had
ever been permitted to say to an appealing
tribunal that the sentence of the accused per-
son was not severe enough? The system of
the court martial that permitted what had
been done in the case under consideration
would not be tolerated under Russian tyranny
or Turkish despotism.
Mr.. Hale inquired whether Mr.. Ingalls, did
not know that precisely what had been done
in this instance, calling the attention of the
court anew to the facts of the case, and in
effect suggesting severer sentence. was the
practice of the war department OF every civil
lied government in the world.
Mr.. ingalls, replied that that constituted
one of the infamies of the system. single
instance should be enough to blast the soul of
every man that loved justice. No country
that had risen above barbarism would toler-
ate the repeated instances of such invasons
of citizens rights.
The most dangerous and alarming tact in
the whole series constituting the transaction
under debate, Mr. Ingalls, held to be the case
with which the Swain court martial yielded
to the suggestions of superior authority.
There was some subtle magic in the superior
officer-some Incarnation in authority, on
account of which. on mere suggestion, the
court composed OF intelligent men receded
from its position-receded again and again
from its position, on the repeated sugges-
tions of the superior authority.
"No man" Mr.. ingalls, said, ''coud read
the history of the proceedings without com
ing to the settled conviction that there was
deliberate purpose somewhere not to do JUS
tice, but to accomplish vengeance against the
accused officer. That officer had not had the
honor of having the oil of coronation poured
on him at West Point. Since his appoint
ment to the present office he had been pur
sued with a studied and revengeful maignity
that was not parallel in the annals of revenge.
If more specific information as to his
Qngalls) belief were needed of the source of
the spirit referred to, he could give it,
MIR. Conger agreed with Mr.. Ingalls, in
accusing the spirit complained of to jealousy
entertained by West Point graduates against
volunteer officers of the army. He had eau
toned his friend, Gen. Swain, on taking the
office of judge advocate general, that the
position would need all his caution and pru-
dence because every possible opportunity
would be seized in order to degrade and
destroy him. Hundreds of thousands of peo-
pie were of the belief that Gen. Garfield's
| friends had been marked for unfriendly
treatment. He was ashamed to say this of
his government and its officers, but the truth
must be told.
| Mr.. Aldrch defended the course pursued
| by the judge advocat of the court, who, he
said. had done his duty honorably and up
rightly. The accused was represented by
able special counsel.
! MIR. Cameron of Wis, inquired of Mr..
Conger whether the findings and sentence of
court martial created a vacancy in the office
of Judge advocate general.
Mr.. Conger could not see how a vacancy
was created. The whole affair, Mr.. Conger
added, was mere mOckery of justice and de-
cency exercised on a man who had rendered
his country valuable service as a soldier and
had been chosen the confident of man whom
one half of the American people had loved
and W hose memory they revered.
Mr. Hawley protested against the idea that
officers who had graduated at West Point felt
any jealousy of volunteer officers. Much
had been said about that. but Mr.. Hawley did
not believe it existed. There was DO preju-
dice in the army against volunteer officer
Gen. Terry, a volunteer officer. had been
named for this very court but had been chal-
lenged by the accused officer IN exercise of
his right of challenge. Mr. Hawley believed
the whole corps of judge advocates were
volunteer officers. He characterized as