National Republican. (Washington City (D.C.)) 1872-1888, 1885-02-26
The Swain Court-Martial.

1t is evident that some of the distiu.
guished senators who participated in the
debate of yesterday upon the Swain
that court, or, TO put it still palmer, did
not know what they were talking about.
The court, and not the President-who
sept its verdict back several times for ro-
vison-is responsible for the ridiculous
position in which il Is placed. If there
had been any attempt to persecute Gen.
Swain, as was intimated in that debate,
the majority of the court appears to have
done its utmost TO protect him. In their
apparent zeal for the defendant they have
ignored the logical sequence Of their con-
alusions upon the evidence and become
a law unto themselves. Instead Of con-
Gning themselves to their jurisdiction as
n court in passing upon the guilt of tho
respondent and decreeing sentence, they
arrogated to themselves the power Of
congress to legislate, the prerogative of
the President to appoint, and the right of
the senate to confirm appointments. II
there were any injustice in the Swain
court martial, it was injustice to the gov
ernment its members were sworn to pro-
tect, and concerning which they were
supposed to have some definite knowledge,
Tho court finds that the defendant did
deliberately and with knowledge of the
facts seek in the manner described to per-
potrate a wrong upon Bateman & Co, and
in the words of tho attorney general;
..t. i
perpetratcd, would involve the Same moral
turpitudo, whethorit was designated as fraud
0ras wrong, and, in either event, the Oilonse
would seem TO fall much more naturally and
appropriately under the classification of "cou.
duct unbGcomlng an officer and gentleman
lhGn IN the cRtegary OF oicnsos to the 'pro-
jldlce of good order and military discipline"
And commenting still further upon
this remarkable finding of the court, tho
attorney general very properly says;
The action Of the court as whole seems to
involve serious lowering Of that high stand.
ard of honor which from tho earliest days has
been the pride and the glory Of our military
service and which was expressed on Il memor.
able occasion by thegreat commander.inohief
of our revolutionary armies, when reluctantly
compelled to reprlmand brother officer In
these words "Our profession 10 the chaslest
Of all; oven the shadow OF II fault furnishes the
lustre Of our finest achievements" | think
the record In the case Of Brig. Gen. David t.,
swaln, q, 5, A., may with proprlety be re-
ierrcd back to tho court martial with sug-
gestionl In the line above indicated for further
consideration and revision
Upon tho return Of its verdict for fur
thor~ consideration, the court still ad-
heres 10 tho absurdity Of It's position, and
tyies to Dlalso 1t more acceptable by at-
tempting to create an Office, lll it by ap-
pointment, G..d confirm it without refcr-
\cnce TO tho senate which is supposed to
.Ssess the powered confirmation. Hero
"mEroranee porsdRiBed, and President
NFtH@, deserves tho greatest credit for
tecomSditing the verdict and instruct
Ttho court in those fundamental prin-
Iplcs of constitutional law which school
boys are supposed to know by heart.
But tho court did not stop here in itS
folly. IL thon proceeded to confirm the
impression that prevailed that its verdict