The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-17

Was Secretary Tracy Jusuned IN RejeetinG
the Conrta Recommendation Of ClemenoEl

was Secretary Tracy Jusunsd n RsIeetins
the Courts Recommendation OF CIemenoE .
WASHINGTON, May 16.-The court martial
that tried Commander Bowman H. McCAlla
was chosen with great care. and, taking to-
| Rether the considerations OF suitable rank,
| experience, freedom from bias, and leisure for
| that duty was about as good court as could
have been selected. Tho trial was public TO an
unusual extent. and tho evidence was fully
reported each day in the newspapers. The
sentence Of this court was followed by a rec
ommendation to clemency, signed by no fewer
than ten out OF its twelve members, and OK
pressY based. not only on the character and
reputation OF the convicted officer. but on nit
| igating circumstances which had appeared
| during tho trial.
Accordingly the refusal OF the Navy Depart
mont to comply with this recommendation has
provoked some criticism among the friends OF
| Commander McCalla. But Secretary Tracy Is
undoubtedly right Commander McCalla is not
only suspended from rank and duty for three
years but is to be kept in his present number
in his grade while so suspended His juniors
will como up successfully and pass over his
head. thereby postponing his promotion 10 the
rank and pay OF tho grades above. But his
misconduct was such as to demand this prac-
ticaI reproof Especially after 30 much alton
ton bad been directed upon this case. the
Navy Department was bound to show that II
would not condone the offence OF intlictiug on
drunken and disorderly ssors .punishments
dinerent IRON those prescribed by the reRnla-
9 an bh9 eject OF msgdtpg he b eInsa s
stroy public confidence in the departmenrsde-
terminal ON to enforce It's own regulntlons.
The point may be urged that certain de-
gree OF discretion Is vested in the commander
OF vessel, as IN corps or army commander r,
OF exiRency. But in the case OF the Enterprise
the plea Of exigency can hardly be used II
argo t SHIRE snS ' Of toSrh
tors. while her cruise gave great facilities for
ho,a and Eurng s9e
some OF the nunlshmonts complained Of;
modes p securing &c ING the men "r else 'c Of
sss Wn S saen drSn FES
for instance. is familiar in ordinary asylums.
given that the tricing IN was not an iniiction
Of pain. The fact that no cruel impulse was at
r6ne t to me by the court Is
ting these polnts. IL remains lndsputahle that
Commander McCalla hims elf violated the laws
The illegal treatment Of enlisted men is also
That the convicted officor may have had no
Notion not that he was going beyond his predroSa,
court martial as the outcome Of his cruise he
would have hardly diminished his chances Of O
SUCCESSFUL issue from II by nuttinR several OF
his Officers under arrest. thus making enemies
OF u portion OF The very persons whom he would
naturally depend upon for his own defence. 30.
too, his famous Jollilcation at Bermuda is an
other indication that Commander McCRllR had
no suspicion that his exercise OF the authority
intrusted TO commanders OF vessels would be
called in question as excessive: for otherwise
the most ordinary prudence would have sug- |
gested unusual cireumSIectio in his own con-
duct ashore. Still, his conception OF the extent
OF his authority Is not to be taken US the true
measure OF that authority
The cruise OF the Enterprise. in fact. was O |
great disappointment to Commander Nc |
Calla's friends His good record in less re- |
sponsibe places and his progressive views had |
caused his ASSIGNMENT for, the first time, to the
command Of such vessel on such IL duty to
her cruise showed chiefly u remarks ble crop OF
courts martial and of departures from the
recognized methods OF discipline, while several
Of his officers returned as thoroughly dissatis-
fled as were many Of his crew.
Under these circumstances Secretary TracY's
rejection Of the recommendation of the court
Is JudiciouR. The true point il not that little
injury was done to any of the mon. Nor is II o
sufficiently mitigating circumstance that those
Of them who were punished were a hard lot to
manage. Walker. the man who was cut down
With blow having noteworthy record. |
The trouble WAS Il wrong conception by Com
nandor McCalla of his authority to substitute
his singular and unwise methods of discipline
or those prose- riped BY the regulations. Hence
whatever revision OF his sentence may here
after be urged the Navy Department has wisely
Insisted upon giving full effect to 1t now.