The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-26
TRIAL BY COURTS-MARTIAL.
Spirited Debate in the Senate, of Which
the Swain Case Forms the Text.
The Proceedings Of the Trial Denounced by
Senator Ingalls, as Disgrace to Civil
izatiOn and an Act of Tyranny.
THE SENATE.
a Warm Discussion Concerning the Powers
of Military Courts.

che congressional committee of arrangements or
She Washington monument dedication, sub
mitted report and concurrent resolution ex-
pressing the thanks of Congress to Col Thomas
Lincoln Casey, of the corps of engineers, his as
sistants and the 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"
A conference report on the army appropria-
tion bill was submitted, and it was stated that
the conferees had agreed as to all differences
cept that relating to courts martial In time of
peace. The House provision so amended the Oath
article of war as to enable courts martial to con-
troll the hours Of their own sessions, instead of
being required, as now, to sit from A. NJ. to
p.
Mr.. ingalls, approved agreement with the
House amendment but there were some matters
connected with trial by court martial that needed
more serious consideration than the hours of
meeting. He referred to the trial of General
Swain If the statements published this morn
ing were correct, Mr.. ingalls, said, the proceed
ings subsequent to the trial were disgrace to
civilization. 1t was shame that any tribunal
of law should be subjected to the pressure and
violent interference that appeared to have been
brought to bear, not in the interests of justice,
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 most offensive epithets
applied to the defendant Mr.. ingalls, hoped the
Senate would stand by it's rules, and not give
way on the proposed amendment
Mr. Sherman thought Mr. ingalls, hypercrtical
but there was one great evil connected with trials
by courts martial: The judge advocate was prac-
tically nothing but prosecuting officer In the
Swain case he had proved the most aggressive
one. If that is the law of the United States, y
said Mr. Sherman, "God help me from ever fall
ing into the power Of court-martial"
Mr. Dawes thought it trifiing to talk of the
hours of session of courts martial while the press
was reporting, as this morning. things that
would be disgrace to American justice for all
time. Better had it been that the Swain court
afforded to the people of the United States the
spectacle presented this morning, which was
shocking to every mans sense of justice.
Mr. Harrison was not willing to give courts
martial the unlimited right to FIX their own
hours If any desire existed to wreak vengeance
on the persons accused, such right would IA
cllltate that purpose.
Mr.. Hale defended the members of the Swain
SQUIRT
Mr. ingalls, said that he had not meant the
slightest imputation on them.
Mr. Hate was not prepared to believe that any
superior military authority had been brought to
bear on the functions of the court There was
nothing in the record personal character of
the Secretary of War that gave color to such an
imputatOn, who had in his term of public serv-
ice gained the universal respect of the people.
Mr. Sherman remarked that no senator or
other person had assailed the Secretary of War
Dir. Hale said we were told that this decision
OF the Swain court was the sum of human out
rage, and that it had been influenced by superior
luthorlty-that must mean somebody.
Mr.. Sherman had not heard single person
refer to the Secretary of War
Mr.. Hoar inquired what would be thought if
Ia the case of the poorest man or woman in the
land, charged with petty larceny, the Attorney.
general of a commonwealth should, after trial
and conviction of the accused, return the yer-
dict to the Jury with his opinion that the SEN
te,A was not severe enough. Mr.. Hoar was not
crfficEzfng tie President orthe Attorney general
but saw no reason for the existence, in time Of
peace, of court-martial regulations permitting
such course.
War and the Attorney general was in accordance
with practice custom and law
Mr. ingalls, believed the eourt-martial had
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 officer, through whom
the finding was promulgated
Mr. ingalls, exonerated the President from all
personal connection with the. transaction crit
cised.
Mr. CockreH asked Mr. ingalls, to name an
officer who had acted improperly in this matter
Mr.. ingalls, replied: Il don't know ANYTHING
about it, He recited the circumstances attend
ing the submission and PRONUNCIATION of the find
jngs OF the court and inquired whether it had
ever before been known in any civilized country
upon the face OF the earth that appellate Judge
had been permitted to say to an appealing trib-
rial that the sentence of an accused person was
not severe enough. The system of courts-martial
that permitted to be done what had been done in
the case under consideration, would not be toler-
ated under Russian tyranny or Turkish despot-
ism.
Mr.. Hale inquired whether Mr. Ingalls, did not
know that precisely what had been done in this
misunderstanding the attention of the court to the
facts of the and in effect suggesting severer
sentences-was the practice of the War Depart
ment
Every civilized government in the world Mr.
ingalls, replied, that contributed to the infamies
Of this system single instance, should be
enough to fire the soul of every man who loved
justice. No country that had risen above bar
barism would tolerate repeated instances of such
fnvasions of citizens rights. The most danger
Gus and alarming fact in the whole series consti-
tutng the transaction under debate Mr.. ingalls,
held to be the ease with which the Swain court
martial yielded to the suggestions of superior
authority. There was some subtle magic in a
superior Office, some influence in authority on
account of which, on mere suggestion, court
composed of intelligent men receded from its DO
gition-receded again and again from it's position,
ap0n repeated suggestions of the superior au-
thority. 1t would be unjust to the members of
the court TO suggest that they could have been
influenced by any idea that somebody would
profit by a vacancy if one were created. Mr..
Ingalls, would make no such suggestion, but it
was one of the incidents of the situation. No
man, he said, could read the history of the pro-
ceedings, without coming to settled conviction
Shat there was deliberate purpose, somewhere,
act to do justice, 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 APP
pointment to his present Office he had
been pursued with studied and
heyengeful malignity that had not
a parallel in the annals of revenge If more
specific information as to Mr.. Ingalls, belief were
needed of the source of the spirit referred to, he
could give it.
Mr.. Conger agreed with Mr. ingalls, in ascrih-