The Portland daily press., 1885-02-26
XLVIIIth Gongress--2d Session


In the Senate today, Mr.. Sherman, from the Con.
gressional committee of arrangements on the Wash.
ington Monument dedication, submitted report
and concurrent resolution expressing the thanks
of Congress to Colonel Thomas Lincoln Casey, of
the corps of engineers his assistants and the work
men under his and their direction for the admira-
bic manner in which he and they have performed
their respective duties he completion of the mon
ument to the name and fame of George Washington.
Mr.. Allison submitted the conference report on
the army appropriation bill.
Mr. Hoar called attention to the fact that the iu-
dietary committee had reported that several of the
practices of courts martial as prescribed by the
ticles Of war might we'll be modified for the times of
peace. Such courts he said, were usually conducted
by gentlemen unaequainted with ths principles of
law or rules OF evidence. The committee had sug-
gested that an experienced judicial officer should be
associated with the courts martial. Mr.. Hoar ex-
pressed the hope that early next session Congress-
would apply remedy to the existing evils connect
ed with the court referred to.
Mr.. ingalls, opposed agreement with the House
amendment but said there were some matters con-
nected with trials by courts martial that needed
serious consideration than the house of meet
ing He referred to the trial of General Swain. If
public statements were correct Mr.. Ingalls, said the
pgQseedings subsequent to the trial were disgrace
Mr.. Ingalls, hoped the Senats wvuru-
its rule and not give way on the proposed amend
meRt.
Mr.. Sherman thought Mr.. Ingalls, hypercritical
but there was great evil connected with trials
by courts martial. The Judge advocate was practi-
cally nothing but prosecuting officer and in the
Swain case proved most viglant and aggressive
one.
Mr.Dawes thought it trifing to talk OF the hours
ing as it has this morning reported things that
would be disgrace to American justice for all
time.
Mr. Hale defended the members of the Swa i'm
court.
Mr.. ingalls, said that he had not meant the slight
est imputation on them.
Mr. Hale was not prepared to believe any superb
military authority had ntruded on the functions
of the court and there nothing in the record or
character of the Secretary of War that gave color
such an imputation.
Mr.. Sherman remarked that no Senate or other
person had assailed the Secretary of War.
Mr.. Hale-We were told this decision OF the
Swain ceurt was the sum of human outrage and
that it had been influenced by superior authority.
That must mean somebody.
MIR. Sherman had not heard single person refer
to the Secretary of War.
Mr.. Hoar inquired what would be thought in the
case of the poorest man or woman in the land
charged with petty larceny if the Attorney Gener
al of the commonwealth should after the trial and
conviction of the accused return the verdict TO the
jury with Fan opinion that the sentence was not
severe enough. He, (AIr. Hoar), not criticsing
the President or Attorney General, but he saw no
reason for the existence in time of peace of
court martial regulations permitting such course.
Mr. ingalls, belived the court martial had tried to
do Justice .but 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.
Mr.. Cockrell asked Mr.. ingalls, to name the officer
that had acted improperly in the matter.
Mr. ingalls, replied: Il don't know anything about
it." He recited the circumstances attending the
submission and promulgation of successive findings
of the court and inquired whether it had before
been known in any civilized country upon the face
OF the earth that appellate judge had ever5 been
permitted to say toan appealing tribunal that he
tences of anaccused person was not severe enough.
The system of court martial that permitted what
had been done inlthe case under consideration would
not be tolerated under Russian tyranny or Turkish
despotism.
MIR. Hale inquired whether Mr. Ingalls, did not
know that precisely what had been done in this in
stance, calling the attention of the court TO
the facts of case and in effect suggesting seYerer
sentence, was practice of the war department of
every civilized government in the world.
Mr.IDgalls replied that this constituted of the
infamies of the system. single instance should
be enough to last the soul of every that loved
Justice. No country that had risen above barbar-
ism would tolerate repeated instances of such inva
sions of citizens rights. The most dangerous and
alarming fact in the whole series constituting the
transaction under debate, was 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 superior otIeer,
some 1ncantaton IN authority, on account OF which
on a mere suggestion court composed of intelli-
gent men receded from its position, reeede again
and again from its position upon repeated sugges
| tions of superior authority.
"No man. Mr.. ingalls, said, "could read the his
tory of the proceedings without coming to set tied
somewhere not to do justice but to accomplish ven
| gence against the accused officer" That Off ceI
had not had the honor OF having the oil of corona
tion poured him at West Point and since his ap-
pontment to his present office he had been pursued
| with studied aud revengeful malignity that had
not parallel in the annals of revenge. If more
specific information to Mr.. Ingalls, belief were
needed OF the source of the spirit referred to he
could give it,
the spirit complained of to jealousy entertained BY
West Point graduates against volunteer officers OF
| the army. He had cautioned his friend, Gen
Swain. on taking the Office of Judge Advocate Gen
eral that the position would need all his caution
and prudence because every possible opportunity
| would be seized in order to degrade and destroy
| him. Hundreds Of thousands Of good people were
of the belief that Garfeds friends had been mark
| ed for unfriendly treatment. He was ashamed tC
say this of his government and its officers, but the
| truth must be told.
Mr.. Aldrich defended the course pursued by thC
Judge Advocate OF the court, who, he said, had
done his duty honorably and uprightly, and tue ac
| cused was represented by able special counsel.
Mr.. Cameron of Wisconsin, inquired of Mr.. Con
| ger whether the findings and sentence Of eour
martial created vacancy in the office of the Judg
| Advocate General.
| Mr.. Conger could not see how vacancy was ere
| ated. The whole affair, MIR. Conger added,
mere mockery of justice and decency, exercised Oh
| man who had rendered his country valuable ser
| vice as soldier, and had been chosen the conf
| dant of man whom one-half of the American peo
| pie had loved and whose memory they reVered.
| MIR. Hawley protested against the idea that Off
| GERS who had been graduated at West Point fel
any jealousy of volunteer officers. Much had beel
said about that, but Mr.. Hawley did not believe i
| existed. There was no prejudice in the arm
| against volunteer officer Gen. TORY, a yolun
teer officer, had been named for this very court bu
had been challenged by the accused officer in ex
| ercise of the right of challenge. Mr.. Hawley be
heVed the whole corps OF judges advocate wer
volunteer officers. He characterized as nothing
unusual the proceedings in the case of the Swain
| court martial.
On motion Of Mr.. Allison, the Senate furthe
insisted on its amendment to strike out the Hous
provision permitting courts martial to control thei
own hours of session and the Chair reappointed tn
conference committee already acting on the bill.
| MIR. Allison. from the committee on apppropria
lions, reported the legislative executive and judi
| clal appropriation bills and asked its immediat
| consideration. The bill was then taken up and it
| reading proceeded with. The committees amend
ments were concurred in with but few unim