Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-01-24

there could be no accused or accuser.
He. therefore. asserted Il az his opinion
that the gentlemen who represented Colo
mel Jones as counsel could do nothing
other than see that the proper testimony
/ was adduced.
| LINE OF INQUIRY DEFINED.
| Mr.. Meredith replied TO this. again
taking the position that his client was
| the accused. and upon the conclusion of
his talk the court ordered the recorder
TO read to It all OF the correspondence
between the Governor ard the petitioners.
| They then conferred one with another,
| ana finally cleared the ROOM They re-
| manned in secret confab for about half
| an hour. when the doors were again
thrown open. Colonel Boykin then read
the following: 1.-The court considers that
| its duty is TO inquire into and express its
| opinion upon the conduct OF the officers
mentioned In Special Order No. /, A. G. l..
January II, 1885. In the matters TO which
| their petitions relate; that said officers
must first Introduce their testimony as to
| the facts which gave rise to the applica-
| ton for the convening OF this court, and
| as the records read to the court disclose
! that Colonel Henry G. Jones. colonel COM
| manding First Regiment Virginia Volun-
| tecrs, Infantry. may be affected by the
| finding Of the court. he IL permitted TO be
| present, to be represented by counsel. to
| cross-examine the witnesses. and to in
troduce such legal evidence as In the
| judgment of the court may shed light
upon the questions involved: and that al,
| speeches upon any point of procedure
or evidence be limited to five minutes"
| COLONEL JONEs?s FIRST LETTER.
The frs. evidence submitted was the
! letter written by Colonel Jones to Colonel
| and Acting BrigadierGeneral Male. call
! ing his attention 10 the action of the
! members Of the court-martal In dssolv-
| ing it without first having received orders
! to do So The letter is as follows:
| RICHMOND. VA. December 1. 1894.
Colonel William Male. Commanding
First Brigade;
! "Sir-Some time since forwarded GER
| tain charges TO you with the request that
you would order n general cOurt-mar-
tial and refer them to the court for
trial. These charges Were returned 10
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 necessary. vide enclosures
| !. ., and 3. Some little time since
| certain other charges were referred to
| this court. vide enclosures 3, 6. Z. s. This
! court met November Y. 1891 vide enclo-
| sure I, and decided itself an Illegal court,
| thus stopping the maintenance Ol uiSSip-
| line as to these cases, and by Its action
| declaring your order to be on Illegal one.
| "COurts-martial in this State derive their
| Jurisdiction from the Code OF Virginia,
| and their constitution as directed therein
| (secton 800 of the Code) provides tina:
! the Virginia Volunteers shall, in addition
| 10 the provisions Of this chapter. be gov
! eined by the Articles Of War Of the
| United States. certainly not by all Of
! thCm. rs written in the statutes of the
| United States. but by them as modified.
| necessarily modified to conform TO the
reeds of our service. Section SOC again
| provides that the discipline shall con-
| form 10 that of the army OF the United
| States, not the army in the field to-day.
| but as prescribed for the militia CT the
/ United States. Sections 32l. 800. 323, S2i.
10 336 differ materially in their require
| ments for the statutes and regulations CT
| the United States army.
THE LAW OF CUSTOM.
THE military law Of the United States
| allows the President the Secretary OF
| War; the general officers occupying GER
| tain commands in line of war (this IL
an eXigency of service). the commander q.
division or separate brigade TO appoint
! general courts-mariia, in other words.
| provision is made for the administration
! Of the law at all times. Now, our law
! IL silent as TO who snail appoint general
courts-m1rtial, except in its reference to
the articles of war, vide articles, H. y, |
g. a, 10. and 70. and If these are law as
written they cannot be used by us, but
taking these articles az guide for pro- |
cedure. so far as our service can use |
them has been the law of custom with |
Us, and in the administration OF military |
discipline the law of custom is as true |
as the written law. General ccurts-mar- |
tial have been the custom in this regl- |
ment appointed by It's colonel for many |
years In this case, the custom was sane |
toned, or rather ordered, by your order.
Now, sir, l respectfully submit that the |
officers composing this couri-that Is the |
members present on November 9TH vide |
enclosure 4-have been guilty Of the |
grossest disobe1ience of orders. and fur |
Their a disobedience Of orders knowing |
full well that the ,aw of custom was |
the rule, and further that they knew of !
your order TO me TO establish this court |
a court which was in accord with long
established custom OF service. Now, sir. |
while | believe these officers are wrong |
in their action, that they by this action |
have put the discipline of this regiment |
IN jeopardy; | am loath to believe that |
this Is their intent. but do believe that |
this outcome Is the result Of a very tad |
practice in our service to discuss orders |
rather than to obey them promptly. and |
then to ask questions 1t Is absolutely ne |
ceSsary 10 put a stop TO this condition OF |
things-a condition which obtains through |
out our service II it is desired to main |
tain a disciplined force. / therefore urge |
that prompt action shall be taken on the |
matter herein submitted.
yours respectfully.
"HENRY c. JONES"
The various enclosures referred to In |
the letter were all read and placed In evil |
dence before the court.
They were all covered In the letter. |
ana threw but little light on the invesii- |
ga.lcn. except In subsiantation Of the |
statements contained In the letter
REPLY OF COLONEL MALE.
Colonel Boykin next read the following |
reply received by Colonel Jones from |
Colonel Male:
HDQ'RS. FIRST BRIGADE. VA. VOLS, |
CULPEPEH. VA. December T. 1884
Colonel Henry c. Jones. Commanding |
First Regiment Virginia Volunteers In |
fantry. Richmond. Va.
Sir,-I have the honor to acknowledge !
the receipt of your letter OF the LIST |
instant and the papers inclosed. The |
court. whose act. on on the 9th utimo. |
you report. was legally and properly de- |
tailed. and was possessed of jurisdiction |
Toy the trial of charges against enlisted |
men, and this Cor two reasons, one of |
which is stated in your letter and the |
cher that section Is OF General Orders |
No. 3, June 20. 1885, is part and parcel |
of the law regulating the government of |
the Virginia volunteers. and by 1t the |
commanding officer OF regiment is au-
thorized 10 order and appoint courts |
martial for the trial OF enlisted men OF |
that regiment.
| know no reason why the members Of |
this court who were present on the 9th |
of November, 1894. should not be pro-
ceeded against for disobedience OF orders. |
But you will take such action in the |
matter as the necessities and the facts
may. in your judgment, warrant or de-
mand.
or course there was no purpose 10 dele
gate to you the authority TO appoint |
courts martial in any case in which the
law devolved that duty upon the Brigade
commander. / inclose a copy of q letter
from the Adjutant-Generai. which relates
to another case. but you will note that
the opinion OF the Governor. as stated |
therein, as 10 General Order No. 8. June
20. 1885. sustains the position taken that |