The National Republican., 1885-11-17


Among the timely suggestions submitted
to the Secretary Of War for his considers.
tion in the preparation Of his annual report
are two or three Of unusual interest aud
value from Acting Judge Advocate General
Leher They are of a decidedly progress
siye character, afTOrding conclusive proof
that the bureau Of military justice has not
entirely neglected recent opportunities for
the acquisition Of valuable knowledge.
They show, toe, that, in the pursuit Of
knowledge, this bureau of the army Is capa-
bic Of invading naval circles and learning
from eminent lawyers who defend clients
arraiguod before naval tribunals.
The Judge advocate general says, that Of
the one hundred and twenty-sevcn articles
which are required by law TO be read and
published to every garrison, regiment, troop,
or company in the army once in six months,
there are but fifty.four which need to be
read, as they alone constitute the military
penal code.
What this officer says Of these articles is
strictly true. Fifty-four of them constitute
the military code in its fullest amplitude,
and his recommendation that the Others he
eliminated is creditable TO his intelligence.
II will be remembered that Messrs. JEFF.
Chandler and Geo s. Boutwell,, as attorneys
for Paymaster General Smith or the navy,
made and pressed the point that there was
n lack Of anything like dciiuitcness in the
prosecution of their client. The charges
and specifications were nebulously vague,
Dg t., t,,I Ia t1,g
ordinary criminal court What particular
law he had violated, when and how he had
violated 1t, were not stated He was ar
Aligned and drag-nct was spread to find
something on which a conviction might
possibly be predicated. Against this mani.
fest injustice his distinguished counsel pro-
tested and inveighed.
II their argument failed to exert due in
iluence in the Navy Department, it was evil
IDENTIFY weighed by the Judge advocate gen.
eral of the army. Hence his movement to
strike out irrelevant matter and make the
military code clear and specific.
Another important suggestion of Gen.
Leiber relates to the conduct of trials by
courtmartial. lie says IL "has become the
recognized right Of the accused TO he repre-.
sentcd by counsel before n court-martial,
and when so represented the prosecution is
apt to be conducted with an amount of in
terest which must unfit the prosecutor for
any other relationship to the court" This
is plain statement Of a patent fact. "Yet,''
continues the judge advocate general, 'un.
der our system, the judge advocate, besides
being the prosecutor for the government,
is the recorder and the legal adviser of the
court. These functions are apt TO be ire.
concilable with that of prosecutor, as Is
also his relation to the accused For these
reasons 1t is recommended that "the judge
advocate be excluded from the secret ses-
sions of the court, where the accused is un-
represented, for here lie may, by word, or
the infection of word, or by a iesturc
even unwittingly influence its Judgment
to say nothing of possible suppressed fact
or false expression"
II Is almost marvellous that this outrage
has been tolerated to the present time, and
it will be disgraceful to Congress and the
country If it is permitted to continue longer.
No civil court on the globe would permit q
practice analogous to this in the trial Of q
cause involving the property, reputation,
liberty, or life of the humblest or the vilest
man.
If John Smith wora ON triol for stoalings Il
ham, the prosecutor could make no state,
ment to Judge or jury except in open court
Any violation of the defendants rights In
this regard would be held as sufficient
ground for setting aside verdict. But the
oldest, bravest, and best officers of the army
and navy may be put on trial on accusation:
involving all the interests Of life, or even
life itself, and be compelled to have the
prosecutor closeted with the members OF
the court and using all the facilities Incl
dent to intimate relations to neutralize ol
offset the efforts of the defense.
To speak Of this practice as an outrage Is
to give II too mild a Characterization. II
= infamous, 1t is a clear denial of natura
rights and, as SUCH is utterly indefensble
BY going into the military or naval service
Of their country men do not forfeit or sur.
render those rights which are the indispen
sable safeguards of honor. If Congress can
not speedily find way to reform thi
shameful abuse it will disappolnt the JUS
expectations Of the people.