St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-26
SYMPATHY FOR SWAIN.
Senators Abuse the Court Martial and
the President Indirectly

SYMPATHY FOR SWAIN.
Senators Abuse the Court Martial and Hit
the President Indirectly.
WASHINGTON, Feb. Ex-senator Allison
submitted conference report on the army
appropriation bill, and said the conference
had agreed as to all differences except that
relating to courts martial in time of peace.
The house provision, he said, so amended
the ninety-fourth article of war as to enable
courts martial to contract the honors of their
own session, instead of being required, as
now, to sit from 8 a. N. to 3 p. m. Senator
Sewell said the change proposed by the house
would leave the matter of hours in the hands
of a number of officers who might sit and
smoke their cigars as many hours as they
pleased, to the neglect of other important
and necessary duties.
Senator ingalls, approved the agreement
with the house amendment, but there were
some matters connected with a
TRIAL BY COURT MARTIAL
that needed more serious consideration than
the hours of meeting. He referred to the
trial of Gen. Swain. If the statements as
published this morning were correct, Senator
ingalls, said the proceedings subsequent to
the trial were & disgrace to civilization.
1t was a shame that any tribunal OF law
should be subjected to the pressure and vio-
lent interference that appeared to have been
brought to bear; not in the interest of JUS
tice, but for the purpose of compelling
verdict more injurious to the accused. The
findings of the court had been several times
returned to the court, the last time with the
most offensive epithets on the defendant.
Senator ingalls, hoped the senate would
stand by its rules and not give way on the
proposed amended.
Senator Sherman thought Senator ingalls,
hypocritical, but there was
ONE GREAT EvII.
connected with the trials ty court martial
The judge advocate was practically nothing
but prosecuting officer in the Swain case,
and he proved most aggressive one. If
that is law in the United States" said Mr..
Sherman, "God help me from ever falling
into the power of a court martial"
Senator Dawes thought it trfing to talk
away the hours of the session of the court
martial while the press was reporting, as it
is this morning reported, things that would
be
DISGRACE TO AMERICAN JUSTICE
or all time. Better had it been if the Swain
to have afforded to the people of the United
States the spectacle presented this morning,
so shocking to the sense of justice.
Senator Hale inquired whether ingalls, did
not know tina. precisely what had been done
in this instance, calling attention anew to
the facts of the case and in effect suggesting
Il severer sentence, was the practice of the
war department of every civilized govern
ment in the world. Senator Ingalls, replied
that that constituted one of the infamies of
the system. A single instance should be
enough to blast the soul of every man who
loved justice. No country that had risen
above barbarism would tolerate the repeated
instances of such inyasions of citizens
rights.
Senator ingalls, held it to he the case with
which the Swain court Martial yielded to
suggestions of superior authority. There
was some subtle magic in superior Office,
some incarnation in authority on account of
which, on mere suggestion, court COM
posed Of intelligent men receded from its
position, receded again and again from its
position upon repeated suggestions from the
superior authority.
cribing the spirit complained of TO the jeal-
ousy entertained by West Point graduates
against volunteer officers of the army. He
had cautioned his friend Gen. Swain on TAX
ing the Office of judge advocate general that
the position would need all his caution and
prudence, because every possible opportunity
would be seized upon in order to degrade
and destroy him. Hundreds of thousands of
good people were Of the belief that
GARFIELD's FRIENDS
had been marked for unfriendly treatment
He was ashamed to say this of his govern
mcnt and its officers, but the truth must be
told. Senator Cameron OF Wisconsin
inquired OF Conger whether the
findings and sentence of the court-martial
created a vacancy in the Office of Judge ad-
vocate general. Senator Conger could not
see how d vacancy was created. The whole
affair, Conger added, was mere mockery of
justice and decency, exercised on a man
who had rendered his country valuable SER
vice as a soldier, and had been the chosen
confident of man whom one-half Of the
American people had loved and whose mem
DRY they revered. Senator Hawley protested
against the idea that the officers who gradu-
ated at West Point felt any jealousy toward
the volunteer officers.
On motion of Senator Allison the senate
further insisted on its amendment to strike
out the house provision, permitting the
courts martial to control their own hours of
session. The chair re-appointed a confer
ence committee already acting on the bill.
Senator Allison, from the committee on ap-
propriatiOns, reported the legislative, e1ecu-
tive and judicial appropriation bill, and
asked Immediate con nsideratf1D
The committees amendments were con-
CURED in with but unimportant exceptions.