The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-08-07

" me delight not only to be considered but
eyan ABIDING. In a thousand cases
an ax e modern code does not fix upon
" Tue discretion of court-martial
A. one time it was customarv in cbo,s
nhs.; ponIshments to prescribe the bali and
L 90 not think this punishment
vas generally chosen from any desire to
a "uup. cruel or unusual method. but he.
cause ~ was exceedingly difficult for offi-
S Ses ana soldiers who were held resnons;-
PIE Tor prisoners to prevent their asca1a
M,.nout using their firearms. In cases
wnere prisoners have ATTEMPTED to escane
anu Deen hired upon, officers and soldiers
nave often been subjected, by the civil
authorities in the neighborhood. to arrest
anu .riai. and always, to say the least. to
bnra annoyances. Besides, ordinary
iu,.ianity as general rule makes soldier
soiic!1ous to reach his ends with the least
possloie lnfiiction of bodily harm,
w many years ago when desertions
were at tnelr height. and it seemed almost
Impossible to check or reduce them suffi-
Cieh.iy TO keep the army in a reasonable
working condition. there was an almost
UNIVERSAL recommendation to put some
marx by indelible ink upon the convicted
oeserter, that he might be speedily recog-
hIZeo, and not GO from one part of the
army 20 the other repeating his offense. I
remember that many public journals i'm
puteo to me, though falsely, the desire to
nave soldiers branded. / have never adj
vocated any punishment that had a ten
dency to destroy the manhood or seIf-re-
spect OF any man under my command.
IL may be well to notice some OF the de-
cisions ln.the digest of the judge-adyocate
general. See Winthrop's Digest OF Opin-
IONS, issued from Washington in 1865.
page ooo. Under punishment, IN item first,
=.
cooes OF laws, Judge Holt saws: 1.-THE
custom of the service and .usages Of war
nave established other penalties which
may be resorted to in proper cases."
with reference to the ball and chain, [
may say that know of no instance where
IL IS now used In my department.
Item second: court-martial may no
ooupt legally impose the penalty of wear
Ing ball and chain as a punishment for
enilsted men. In general, however, such
penalty would be most unadvisable. as
.needlessly degrading the soldier, and ex-
cept In aggravated cases should not be re-
sorted to.
Item third: The punishment of brand
. ing rests for its sanction in this country
upon the custom of the service. This
custom, however. is opposed to its iniiic-
ton In any mode which might
be deemed cruel or unnecessarily
severe. Branding with not iron
Is therefore discountenanced, and a sem
tence OF marking the letter "D'' In indel-
lble ink on the cheek should be disap-
proved. The ordinary practice is to mark
this letter in ink upon the hip. But the
penalty of branding, marking or tattooing,
however mildly it may be executed, is re-
garded as against public policy and op-
posed to the dictates of humanity, and
consequently as not conducive to the in
terest of the service. 1t is con-
hot II of3oa
should, In general, remit that part of a
sentence of court-martial which imposes
this penalty upon the deserter they
would materially promote the welfare
OF the military service. And
SO held IN regard to branding or
conviction of theft. For similar
reasons held that the punishment of shaw
ing the head or beard and of drumming or
bugling out of the service involve degree
of degradation ordinarily uncalled for, and
believed to be opposed to the better sense
of the army. and should not, therefore,
be employed except perhaps in extreme
cases."
In item six: "Au military duty is to be
regarded as of an honorable character. and
any form of discipline which tends to
lower that character is improper and
should be discountenanced."
Item Is. "a commanding general, in
one paragraph Oh u department. general
order. summarily dismissed an officer,
with forfeiture of all pay and allowances,
and in the next paragraph ordered him to
be set at hard labor at a military prison.
Held that the whole proceeding was I'M
warranted by precedent, and without the
sanction of law" Such are the decisions
of the ludge-advOcate general.
These citations are sufficient to indicate
the principle of action in the regular
army. Now, it is not for me to sit in judg-
ment or even to express an opinion with
regard to the case that has excited such
universal comment. The relationship be-
tween the regular service and the National
Guard is now altogether friendly and SYM
pathetic. We are cooperating with each
other and camping together. and Compel
ing in friendly way by sea and by land.
| know not what are special regulations
or the laws under which these regulations
are formulated in the state of Pennsyl-
yania. To their own authorities the OFF,
GERS whose actions have been questioned
will render their account. Certainly the
conduct of an insubordinate and mutt
nous soldier at that time of excitement,
when great crime had just been COM
mitted, was aggravating in the extreme.
Still. if like case had come under my
authority, / should, l am sure, have
promptly resorted to full court.
send you also the tsble of punishments
established by the president last year
which you can peruse at your leisure, or
publish if you deem best. The items of
the code may be of general interest at this
inclined to read this kind of literature.
Very truly yours,
OLIVER q. HOWARD,
Major General United States ARMY.