New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-21
GENERAL sWAIM'S CASE.
MAKING A PLACE FOR THE. PHYSICAL
WRECK
INDIGNANT ARMY oFF1cERs-sENAToR vooR7
HE'S As "MUTUAL FRIENDn-Too MUCH 4
P0LI1ICs IN ARMY MATTERS.
fBY TtLaoRAPH TO TEn rRrBushJ

fsr rfLaoRAPH TO TIE rRIBusRJ
Washington, Jan. 2o.-The proceedings of tho Re
firing Board in tho case of General Swain, and The
testimony developed SO far as has been made public,
have caused good deal of comment here, not only
among Army officers but among politicians and Others
who are familiar with the Not only officers WHO
have made the study OF military law speciality, but
lawyers and men in civil life sneak in severe terms
Of the extraordinary proceedings
In the first place. It is asserted by those who have
carefully looked into the law governing the case that
the President had no right to order General swain
before Retiring Board until he had first remucd
the unexpred portion Of the sentence Of the court
martial under which General Swain is now suffering
That sentence which provided for his suspension rom
duty for twelve years an absurd inhlctlon' anu
ought never to have been approved, but as PRESIDENT
Arthur did approve It, It's further operation should
have been RENTED by Mr. Cleveland before oruerhg
General Swain before Retiring Board 6cnerai
Swain has testified before this board that he does not
consider himself physically incapacitated from duy
that bis only weakness was I'm HIS back, caused Dy
the falling of his horse which shot under him IN
the battle Of Chickamauga, and that this injury had
caused him intense pain al times. Tie sad' however
that the five years. rest which he las had while sus-
pended from duty has proved beneficial, ana that
now he rarely suffers any inconvenience from MS ola
injury. He distinctly stated that the Retiring Board
was not ordered at his request and that he appecu
before Il only in obedience the order OF the fresr
dent
Notwithstanding this statement. the medical mem
bers Of the board felt # their duty Thoroughly anu
carefully 10 examine the General 10 bis physioh
condition. and having done this, they reported 10 her
associates on the board. Exactly what report they
made cannot be ascertaned but II IS known that the
non medical members disposed at first 10 report
against General swaim's retirement lot PnSs'
cal disability because II had not been shown 'h' "o
was disabled Tho doctors however read the lansas'
..kIa uald
President having been Informed that General swami
Judge Acknowledgement, U. s. A., was physicauy
ncapacitated from performing tho duties Of his ONCE
and believed that IL mandatory upon them W
find I'm accordance with the information that hah oeeh
furnished TO tho President. 1t is believed that inc
nor. medlcal members of the board, who heiu INC
opinion that the law governing retirement forphysc"
disability was TO be regarded superior TO mo man
date or wishes OF the Executive have felt CONSTRAINED
however reluctantly, to surrender g. and that tho
mort recommends the retirement OF General Swain on
account Of disability incident 30 his military services
Now, as to the political bearing OF the question
For nearly four years Tie friends OF Gsneral swain
have been trying TO persuade tho President ana the
Secretary Of War TO take up the case and examine
and slit tho record Of the Court Martial More than
three years and half ago judge shcabarger and Con-
gresham Groseenor made elaborate arguments before
the Secretary OF war and submitted briefs in 5waims
behalf and II was expected that the case would be
re-examined with view 10 tho remission OF his sen
tence Efforts were also made By Congressman
Butterworth Senator Veorhoes and others and carly
last fall the President promised no would examine or
cause 10 be thoroughly examined the records OF the
case with view TO its reconsideration. General
swann's friends wers confident that the examination
would result II not in swalms restoration TO duty at
least In remission OF his Punishment and his honorable
retirement from the service. For some reason, how
ever tho matter was dropped, and the promised In
vestigation was not made The President may have
thought that had least four longer In which
10 reconsider the act But the result Of the Prsiden
tal election put a new face upon that, upon many
other matters.
The verdict OF the people in November has dashed
the hopes and apparently blasted the future Of great
army OF Democratic oniccholders in Washington and
throughout the country ly no man was tho blow more
severely felt than by John C. BLACK, the great Phys
Zeal Wreck OF the Administration, most persistent
professional olee-seeker and ofice-hoder By BaoRs
activity industry and success I'm furnishing Mr. Ciovc
land with garbled testimony and acceptable rhetoric
for his OF private pension bills, he had laid
the President under heavy obigations-and Black
IS not the man TO forget obligation whore he IS
the creditor Neither be modest I'm demanding is
repayment lie had ardent friend az court senator
Voorhees, who had already taken a good deal Of
interest I'm General swaim's For years Mr.
voorhees, has been devoted friend and admlrer OF
Black, and II may be remembered that to him more
than 10 any other one man does the latter owo his
distinction as a pensloner and Physical Wreck
II was fortunate coincidence for Black that Just at the
time when he anxiously seeking permanent place
at the public crib bis patron and fiend, Voorhees,
was trying to have General swaim's case roopened
with q Wow TO tho latter's retirement, which, OF
course, would create vacancy TO DO filled by the
President No time was lost, apparently, for Mr.
Cleveland, who before the election could be spurrod
only to a promise to look into the Swain case,
suddenly showed a desire little, II any, short Of
eagerness to have the promptly disposed OF by
tho restoration am retirement of tho Judge Advocate
General
Only one condition was made rs 10 Black He
must be enough votes carry his confirmation
by the Senate I'm case OF bis nomination, and most
earnestly and devotedy have no and HIS relatives and
friends lobbied with Senators In order to comply with
that condition. IL Is asserted that they
have succeeded IN making President Cleve
land believe that majority for
6rmation Is assured.
Among Army officers the scheme 10 promote Black
to the rank of Brigader-General I'm the Army is do
nounced In unmeasured terms.
In tho first place, they do think that the Prcs
dent should attempt thrust civilian into such an
important position when there arc mem
bers OF the Judge Advocates Corps abundantly
competent for the place. One Of the besi-iniorned
officers In the service said TO The Tribune cores
pondent to-day that though II had been asserted that
the President had authority 10 appoint civilian 10
a general officers position he not sure that such
objection would stand. The appointment Of Judge
Joseph Holt as Judge Advocate General he con
tinued, Is q refutation OF that theory judge Holt
taken from clvil life lie had never been IN the
military service, but he selected for the Office OF
Judge Acknowledgement account OF his eminent
legal ability. He the most distinguished head that
the Bureau OF Military Justice ever had.
There Is nothing, however, 10 prevent
tho President from promoting any one OF
The Judge Advocates TO be Judge Advocatc-Gen
eral, because Swain taken from the corps when
he was one OF It's youngest members and lifted over
seniors In the service.
THE OLD GUABD BALL
The committees arrangements invitations and
the press appointed by the Old Guard have done such
good work that the coming reception Of the organza-
ton will be more attractive and brilliant than any
forrnor one II will take place at Tho MatronoIItan