Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-11-26

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Laid Down by Law for the Guild
ance and Punishment of Officers
and Privates and Summary,
Hasty, and Extraordinary Pun
ishments and Methods Are Not
Recognized-No Provision Made
for Officers Losing Their Tempers.
Privates Are Not Slaves Nor Are
They the Prop rty Of Officers.
Chicago, November 25.-In the Low
ering court martial at Fort Sheridan,
Lieut.. Col Hunter, of Fort Smelling,
the department of Dakota, acting as
Judge advocate, severely arraigned
Capt Lowering for his treatment of
Private Charles Hammond. When the
testimony was all in and Attorney
Blair had addressed the court in de-
tense of Captain Coverings action,
Judge Advocate Hunter arose. After
speaking of the Importance Of the case,
he took up the specification Of the
charges, saying that Lowering was
first accused of failure to use legiti-
mate means to carry the prisoner be-
fore summary courts, and second, that
he cruelty abused and i'll treated said
prisoner. He reviewed the general
evidence against Lowering, saying that
the testimony showed beyond doubt
that Lowering, as officer Of the day.
kicked Hammond, prodded him with
his sword and cursed him.
gentlemen, l submit that in our mill
itary community anything in the nature
of punishment should conform to law,
he continued, land that general use OF
arbitrary power, or punishment with
out trial, is calculated to hasten our
disarmament as an organization not re-
strined by law, and in opposition to the
spirit of our free institutions.
Between the officers who exercise
power in the manner the accused did,
and the enlisted men, who are liable to
become their victims, there can be no
other relation except that of master and
slave. The general exercise in the SER
vice Of power and means. such as the
evidence shows the accused to have en-
p,oyed in executing such an order and
to have Private Hammond brought be-
fore the summary court, would necessa-
rily result in our officers owning the
enlisted men. There would then be lit
tie necessity for military tribunals and
Judge Advocates for our system of dis
cipline would be a revival of the one
in vogue before the civil war, on the
plantations of the South, where the
right Of the master to the obedience
and submission of his slave in all lawful
things was perfect, and the power be-
longed to the master to inflict any pun
ishment on his slave not affecting life
or limb, which he might consider nee
essary for the purpose of enforcing
obedience"
Col. Hunter here noted several cases
showing that the power of officers
aboard ships was limited to such rea-
sonable force as was necessary to car
ry out the commands.
For if you establish the fact that
an officer may, with impunity, order
any punishment he pleases to be in
flicted upon soldier" said Colonel
Hunter, you reduce enlisted men to a
condition of servitude. That is what
is meant by the false doctrine of be-
ing masterful. But it is the law that
should be our master. There are rules
published for the guidance of those
who may command as well as those
who may serve. These rules are well
considered, appropriate to the condi-
ton Of our service, and a strict OBJ
servance of their principles would go
far TO prevent catastrophes like the
one we have investigated.
THAT Hammond should have been
produced in court | do not deny, but
that his disobedienee and stubbornness
justified his being roped and dragged
there, and in his PROSTATE, helpless
condition kicked and prodded with the
sword, do most emphatically deny.
The position in which the accused
was placed by the digobedience Of Ham
mond does not seem to have been a
perilously trying one, for he had about
him, in the guard. soldiers who were
able to lift Hammond and carry him
to court. The condition does not ap-
pear to have been so extraordinary as
to justify military officer either max
ing a mistake of judgment or losing his
temper. The law military makes no al
lowance for the infirmaties OF human
temper. 1t perceives that ioss by SOL
diers of self control is loss. of power to
command respect. No circumstances Of
irritation will justify soldier in break
ing from the established rules OF disci-
pline.
In concluding, Col. Hunter said:
I'm this trial l think there Is some
thing more than serious accusation
involved I think the reputation of
-