Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1885-02-27
TELEGRAPHIC.
Forty-Eighth Congress.
SENATE

IELEGRAPHIC.
Forty-Eighth Congress.
SENATE.
Mr. Sherman, from the congressional
committee ON arrangements for the Wash
ington monument dedication, submitted q
report and concurrent resolution expressing
the thanks of congress to Col. Thomas Lin
coin Casey, of the corps of engineers, his
assistants and workmen under his and their
direction, for the admirable manner in
which he and they have performed their
respective duties in the completion of the
monument to the name and fame of George
Washington.
Mr.. Allison submitted conference report
on the army appropriation bill, and said the
conferees had agreed to all differences except
that relating to court martials in time of
peace.
The house provision he said so amended
the Gath article of war as to enable the
court martial to control the hours of
their own session, instead of being re-
CURED as now, to sit from a. m. to Q p. m.
Senator Sewall said the change proposed
by the house would leave the matter of
hours in the hands of a number of officers,
who might smoke their cigars as many hours
as they pleased, to the neglect of other i'm
portant and necessary duties.
MIR. Ingalls, approved of the agreement
with the house amendment, but there were
some matters connected with trial by court
martial that needed more serious considera-
tien than the hours of meeting. He referred
to the trial of General Swain If the
statements published this morning were
correct, Senator Ingalls, said the proceedings
subsequent. to the trial were disgrace to
civilization. 1t was shame that any form
of law should be subjected to the pressure
and violent interference that appeared to
have been brought to bear, not in the inter-
est of justice, but for the purpose of COM
polling verdict more injurious to the ac-
cused. The findings of the court had been
several times returned to the court, the last
time with the most offensive epithets on the
defendant. Sir. Ingalls, hoped the senate
would stand by its rules and not give way
on the proposed amendment.
Mr.. Sherman thought Senator Ingalls, re-
marks were hypocritical but there was one
great evil connected with trials by court
martial-the judge advocate was practically
nothing but prosecuting officer. In the
Swain case he had proved the most aggres-
sive one "If that is the law of the United
States said Senator Sherman, "God help
me from ever falling into the hands of
court martial"
Mr.. Dawes thought it trihing to talk of
the hours of session of court martial while
the press was reporting, as it was this MORN
ing, that it would be "a disgrace TO American
Justice for all time. Better had it been if
the Swain court martial had never been
convened. That afforded to the people of
the United States the spectacle presented
this morning, shocking every mans sense of
justice.
Mr. Hale defended the members of the
Swain court.
Mr., Ingalls, said he had not meant the
slightest imputatien on them.
Mr.. Hale was not prepared to believe that
any superior military authority had intrud-
ed on the functions of the court. There was
nothing in the record or personal character
of the secretary of war that gave color to
such imputations.
Mr.. Sherman remarked that no senator or
other person had assailed the secretary of
war or peace but of court martial regula-
tons permitting such course.
Mr.. Hale said the course of the secretary
Of war and the attorney general was in ac-
cordance with practice, custom and law.
Mr.. Ingalls, believed the court martial bad
tried to do justice. He had no reflection
to make on the trial. OF course President
Arthur had no personal Connection with the
transaction, he was merely the executive Of
fcer through whom the finding was pro-
mugated. Mr.. Ingalls, exhonorated the
president from all personal connection with
the transaction criticised.
Mr.. Cockreli asked Senator ingalls, to
a al.
the matter.
Mr.. Ingalls, replied, 81 don't know any
thing about it." He reiterated the circum-
stances attending the subject and the pro-
mitigation of the successive findings of the
court, and inquired whether it ever had
been known in any civilized country upon
the face of the globe that an appellate judge
had ever been permitted to say to the APP
pealng tribunal that the sentence of the ac-
cused person was not severe enough. The
system of courts martial that permitted to
be done what had been done in the case un-
der consideration would not be tolerated !
under Russian tyranny or Turkish despot-
ism.
Mr.. Hale inquired whether Mr.. Ingalls, |
did not know that precisely what had been |
done in this instance, calling the attention /
of the court to the facts of the case, and in |
fact suggesting n severer sentence, was the !
practice of the war department of every civ |
ilized government of the world.
Mr.. Ingalls, replied that it constituted one |
Of the infamies of the system. A single in
stance should be enough to blast it in the
soul of every man that loved justice. No
that had risen above barbarism
would tolerate repeated instances of such an
invasion of Il citizens rights. The most
dangerous and alarming fact in the whole
series constituting the transaction under
iebate, Mr.. ingalls, held to be the case with
which the Swain court martial had yielded
% the suggestion of superior authority
here was some magic in the superior office,
ome incarnation in authority on account of
which on mere suggestion court compos
ID of intelligent men receded from its posi-
ion-receded again and again from its po-
ition upon the repeated suggestions of SUI
,erior authority. 1t would be unjust to
members of the court to suggest that they
'ould haye been influenced by any idea that
omebody would profit by the vacancy if
me were created. Mr.. ingalls, would make ,
10 such suggestion, but it was one of the in
idents of the situation. No man, he said,
ould read the history of the proceedings |
Without coming to the settled conviction
hat there was deliberate purpose some /
where not to do justice, but to accomplish /
engeance against the accused officer. /
hat officer had not had the honor of having !
he oil of coronation poured ON him at West
'oiEt, and since his appointment to his pres
mt office had been pursued with studied
nd revengeful maignity that had no paral-
i in the annals OK revenge. Ii more spc-
iic information as to Mr.. Ingalls, belief
Iere needed Of the source of the spirit re- i
erred to he could give it. Q
Mr.. Conger agreed with Mr.. Ingalls, in
scribing the spirit complained of TO jealousy !.
by West Point graduates against
olunteers- He had cautioned his friend, o
zen. Swain, on taking the office of judge O
dvocate general, that the position would
eed all his caution and prudence, because 3
very possible opportunity would be seized 4
order to degrade and destroy him. Hun a
reds of thousands of good people were of Il
10 belief that Gariield's friend had been 81
arked for unfriendly treatment. He was Ii
'hamed to say this of his government and a
5 officers, but the truth must be told. o
Mr.. Cameron, of Wisconsin, inquired of "
IT. Conger whether the finding and sem I
nee of the court martial created vacancy N
the office of Judge advocate general? b
Mr.. Conger could not see how a vacancy ii
as created. The whole affair, Mr.. Conger p
lded. was mere moekery Of justice and CO
,cency exercised on man who had rem al
red bis country valuable service as a sol b
er and had been the chosen confident of Of
e man whom one half of the American
,ople had loved and whose memory they sc
vered. th
Mr.. Hawley protested against the idea &C
at officers who graduated at West Point al
It any jealousy toward volunteer officers. ra
UGH had been said about that but Mr.. W
awley did not believe it existed. u!
here was no prejudice in the
my against volunteer officer. Ike
en-. Terry, a volunteer officer had been ht
med for this very court but had been er
allenged by the accused officer in the ex- o.