Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-01-10
ACKNOWLEDGEMENTS.
Fine Points of Military Law in the Case
of Gen. Swain.
AFTER HIS PARDON WHAT? HE would AGAIN BE
OBSERVATION-DISCLOSURES OF THE ARMY-THE
QUESTION OF HIS RETIREMENT, ETC.

AFTER HIS PARDON WHAT? HE would AGAIN BE
OBSERVATION-DISCLOSURES OF THE ARMY-THE
QUESTION OF HIS RETIREMENT ETC.
The efforts that have lately been made to
secure the pardon of Judge-Advocate-G General
Swain. now under sentence of suspension by
court-martial, has caused the discussion of
several fine points of military law among army
officers. Gen. Swaim's sentence is for twelve
years, beginning in July, 1884, thus making it
extend to July. 1896. So that if the President
should remit the remainder of his sentence
now, or pardon him, he would by law revert
Immediately to his post of judge-advocate-
general, de facto, which he now holds on the
face of the army register, merely ex-oficio, as
it were. He would thus become
RKINsTATED TO HIS FULL PAY,
and would have about seven years to serve be-
fore, under the operation Of the thirty years
service act, he could have the option to retire.
Thus, IL the President should pardon General
Swain without any further step he would be
virtually defeating the sentence Of the court
martial which had for its object the removal
OF that officer from the army far all time There
are two ways for the President to prevent this
One Is to make a direct nomination to the Sem
ate of a successor to the judge-advocate-gen-
eral, which would, upon confirmation legislate
a mode.
however, Is not thought to be likely; it is
unusual, and might possibly fail from a lack of
the consent of the Senate.
RETIREMENT AFTER PARDON POSSIBLE soLU-
TON OF THE PROBLEM.
The other method, which is very probably
the one that will be adopted should the Presi-
dent see fit to take any steps in the matter, is
to secure the retirement of Gen. Swain imme-
diately after his pardon. There are three
grounds on which an army officer can be re-
tired: The first Is on account of disability. the
second on the basis Of thirty years continuous
service, and theIthird is the age retirement, at
sixty-four years. The last is compulsory. the
second Is entirely optional, and the first is par
tally optional and partially compulsory. Gen.
Swain will not be sixty-four years of age for
about seven years. and he has been in the SER
wee but twenty-three years. so that he will not
be able to retire on either of those grounds
until the expiration of his sentence, which the
court had in mind when the length of his term
OF dismissal was fixed.
FIT FOR RETIREMENT ON ACCOUNT OF DISABILITY
1t is understood that Gen. Swain has said
that he is in disabled condition, fit for retire
ment and, further, that he wishes to do SO.
There are certain inducements that would lead
him to such a desire; for instance, he is now
on half pay, while his pay on the retired list
would be three-fourths of his former compen-
sation.
Therefore it is thought that should the Pres
ident pardon him, he will first order him before
an army retiring board for examination as to
his disabilities. If they reported that he was
unit for further active duty and recommend
his retirement the President could then remit
the unexplred term of suspension, and immedi-
ately after order his retirement on the ground
of the action of the board.
WHO WOULD SUCCEED HIN?
The post of judge-advocate-general would
then be left vacant and the President would
have the appointment of successor. In that
event Col. Lieber. who is at present performing
the duties of the Office, is thought to have
strong chances for succession to the head of the
ACKNOWLEDGEMENTS department.