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

proceedings, nv letter of December ],
1894. TO you, Adjutant- General charies >.
Anderson's letter containing the dec'sloh
OF the Governor. and your letter OF De
cember Z. 1884, TO me. stating TO them tna'
these papers were read to them in order
that they might have full Information
on this matter TO that date. They were
asked II they had anything to say.
Captain George Wayne Anderson de-
fined their position In an argument, IN
which he attempted to sustain the po-
sition OF the court as taken In their pro-
ceedlngS OF the 9th OF November. 1894,
and concluded his argument with the re-
iterance that they were right, had done
right, the Governors order notwiths:and-
ing, and that he proposed to abide the
issue, stating TO this effect that they
must stand together, and, II necessary,
get the Judge Advocate-General to defend
them and carry this matter 10 the Su-
preme Court. ] was pressed by him.
Captain Anderson, and Captain c. Gray
Bossieux, TO state what. in my opinion,
they should do; what action they should
take; what | intended TO do. / declined
to express my opinion or offer any ad-
vice None OF the other officers had any
thing to say. The defiant attitude Of
these officers towards the Governors de-
cisiOn. your decision and my authority
prevented any discussion or suggestion
from me. | then found myself confronted
by a condition Of things which demanded
a most careful consideration before any
action could properly be taken.
What WIRE TIE CONDITIONS?
Now sir, what were these conditions
They were, as / understand them. first, a
court which had organized and arraigned
an enlisted man, accused of a military
crime The accused offers no objection
10 the court, the court is cleared, and
then decides itself an Illegal court.
Second, that after their proceedings had
been forwarded, and the consideration
thereon and decision read to them, they
acquiesced in the statements made by
one OF their number. that they were and
are right in the action which they took
ana propose to abide by their action,
thus precluding the possibility of my
returning Their proceedings 10 them with
any orders to proceed and presenting TO
me situation without precedent, so far
as my military information extends.
Now sir. have sought ali the informa-
ton possible at my command. and can
not find any sufficient, full-suDportine
guide for further procedure on my part
to bring this grave matter to full, clear,
final legal adjudication.
! am clearly of the opinion that the
Governor of Virginia has fun legal au-
thority TO vest In me the right 10 order
courts-martia1 for the trial OF enlisted
men Of my regiment, that these courts
are general in their nature. and that
appeals from their findings can only be
had to the Governor of this State, and
that he had vested in me, as the com
mandant of this regiment, the right 10
order such a court as | di1 order; that
the term general court-martial was prop
err inasmuch as it defined the courts
jurisdiction TO be of such character that
1t could take cognzance of all crimes
committed by enlisted men when proper
~ brought before IT,
NOW, sir, ! request careful recon
slderation of this matter; that I shall be
gwen fun authorities on which 10 base
my action; such grave questions as are
contained in this matter, farreaching as
they arc in their effect on the discipline
Of our volunteer militia, and the prece-
dents which will be established. demand
in my opinion, this reconsideration.
Very respectfully,