The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-24


from the reply Of the colonel command
ing the brigade. concurring Win ceonei
Jones In his estimate OF our conduct anu
leaving II 10 the latter TO initiate the
proceedings II he saw FIT.
GRAVE sspxasioS
SO grave an aspersion OF an oncers
cbnduct-thus sanctioned and reiterated
cannot be allowed TO rest unchallenged
by one who feels and believes he has
done nothing but his duty faithfully and
Conscientously.
The alleged misconduct was that the
court decided, under the advice Of its
legal adviser. the judge-advocate. that
Il was Illegally constituted. because con-
yened by order OF Colonel Jones. and be-
cause IL was a general court-martial,
which Colonel Jones had no power 10
convene. either In his own right or by
virtue of any delegated authority, since,
under the seventy-seventh article OF war
the legal maxim. "Expressio unius ex-
clusio est alterlus," prohibited his doing
50.
grave injury and wrong. as / con-
ceive, having thus been done. and done
as a matter Of record, 10 my reputation
as soldier, respectfully request that
court OF inquiry be appointed to examine
into the facts and to vindicate my char
acter II they shall find NE innocent OF
wrong doing.
Respectfully.
GEORGE WAYNE ANDERSON,
capt. co. +, LIST Inf, Va. Vols.
OPINION or TIE COURT.
The court then decided to consider the
matter. in order TO pass an opinion on
;le question involved, ana all but mem
bers OF the court were requested to retire.
After a rather lengthy conference the
doors were again thrown open, and the
recorder read the opinion of the court,
which set forth that each side shall have
the right TO Cross-eXamine witnesses
The opinion was rs follows.
"'rhe court considers that its duty Is TO
inquire into and express its opinion upon
the conduct of the officer mentioned III
special order. NO J. 4. G. O., January
II, 1895, I'm the matter TO which their pc
titions relate, that said officers must hfst
introduce their testimony as to the facts
which gave rise 10 the application for the
couycning Of this court and. as the rec
ords read to the court disclose that Col.
Henry G.. Jones. Colonel Commanding
First Regiment, Virginia Volunteers, In
f1ntry may be affected by the finding OF
the court. he is permitted to be present
to he represented by counsel, TO cross
examine the witnesses, and 10 introduce
such legal evidence as In the judgment
Of the court, may shed light upon the
questions involved ana that al speeches
upon any point of procedure or evidence
be limited TO FIVE minutes"
MORE PApE1s INTRODUCED.
The recorder next introduced a copy of
the letter written by Colonel Jones 10
Colonel Male acting brigadier-gener
on December ], 1884,, in regard TO the ac-
ton Of the members Of the court martial
nh
actcrlzcs the action of these officers as
"the grossest misconduct" while certified
copy of the same letter. as submitted by
Colonel Jones. counsel, makes it appear
as "a gross misconduct"
Enclosed in that letter were a number Of
orders issued by Colonel Jones in regard
to certain courts martial. They were all
introduced as evidence. as was also
copy OF the proceedings Of the court mar
tial held on November y, 1894.
COLONEL JoNrs' IEGTsB.
The letter written by Colonel Jones to
Colonel Male reads as follows.
Richmond, va. Dec. Z. 1874
Colonel William Nalle, Commanding FIRST
Brigade:
Sir. Some time since / forwarded certain
charges - yCu. Win the request That you
would order a general court martial, ana
refer them 10 the court for trial. These
charges were returned TO me with an
order TO appoint the court and refer the
charges. This court was continued for
some time with cases. and the order was
amended from time TO time as was ne
ccssary, vide enclosures ], , and 3.
Some time since certain other charges
were referred to the court. with enclo-
sures 3. g. 7. s. This court met November
y. 1894. vide enclosure (. and decided IT.
self an illegal court. thus stopping the
maintenance Of discipline rs to these
cases. and by its 1ctiOn declaring your
order to me an Illegal one.
Courts martial i'm this State derive their
jurisdiction from the Code Of Virginia,
and their constitution as directed therein
(scltiOn 3t3 of the COde) provides that the
Virginia Volunteers shall, in addition TO
the provisions of this chapter be govern
ed by the articles Of war OF the United
States, certainly not by all Of them. as
written i'm the Statutes of the United
States, but by them as mOdincd-neceSSd-
rly modified 10 conform to the needs OF
our service. Section 306, again, provides
that the discipline shall conform TO that
of the army Of the United Statos-not the
army in the field to-day-but as prescriD-
I'd for the militia of the United States.
Sections 81 30. 32S. 324 to $50 differ ma
terially i'm their requirements for the
statutes and regulations OF the United
States army.
now TO APPOINT GENERAL COURTS.
The military laws Of the United States
allow the President. the Secretary OF
War, general officers occupying certain
commands in time of war Ghis is an cN
igency OF scryice). the commander OF
n division or separate brigade. to APP
point general courts martial; in other
words. provision is made for the admin
istratioa OF the law at all times.
Now. our law Is silent as 10 VINO shall
appoint general courts martial. except In
it., reference to the articles OF war VIDE
articles II, y, -, a, - and 90, and II these
are law as written. they cannot be used
by us But taking these articles as
Guide for procedure. so far as our service
can use them. has been the law OF Gus
torn with LIS. and in the administration or
mnitaiv discipline the law of custom Is
as true as the written law. General
co,r.s martha. have been the custom III
mis- regiment. appointed by its colonel
for many wears. In this case the custom
v,as sanctioned. or rather ordered y!
you" order ,.,,,t. ,no
Nov sir. / respectfully submit mat lhc
oAiccrs COMPOSING this court, That 49, inc
r,.,nbers present on.NOVember sdth, Nlue
enclosure {. have been guilty OF the - o9"-
80 dlsobedieuCc OF orders, ana lultheI ''
dIsohedience OF orders knowing fuh wen
II al the Law Of custom was the rule' an"
f,,rther. that they knew of your order 40
me to establish this COZ "A court WIZ"
was in accord with long established Gus
toms OF service. Now. SIR "hl!e
lieve these officers are wrong in Their ac-