New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-07-28
AT PENNES, AND AFTER.

General de Gallifet has cleared the air at
Rennes. It is not the first time he has served
such q purpose Twenty-eight years ago he
cleared the air of Paris nightly with verita-
BILE "vhiff of grape shot" The present need
was fully as urgent, but happily called for no
such vigorous resovent the miasm makers or
1899 being of so much softer stun than those OF
1871 Firm words now serve as well az rlne
bullets then They were first given to a few OF
those army officers who seemed to think their
commissions were charters for illimitable black
guardism, not to name defiance or justice ana
the State; who suddenly found themselves or
dered about transferred from place to place
and what not ms simple servants OF the republic
instead Of gods in uniform. Now, and we may
reckon finally. such words are spoken to the
members of the court martial at Rennes, before
which tribunal the much suffering Captain Drey-
fus will presently be brought In this case not
TO rebuke the officers but TO instruct. guide and
control them In their grave procedure, and so TO
do In a fashion which, in the absence OF facts OF
prime import hitherto unsupported, should make
the prisoners acquittal and vindcauon sure.
This. then is what the Minister OF War has
ordered: That the court martial at Rennes shall
confne its inquest and its judgment strictly to
che points enumerated by the Court OF Cassa-
ton. to wit. the authorship Of the bordereau and
the betrayal OF the documents therein described
There WAS at first, as we then said, some doubt
as 10 whether the court martial would be thus
confined. or would proceed 10 try Captain Drey-
fus dc noyo on the two or three dozen other
alleged counts In the Indictment against him.
General de Gallifets order dispels that doubt
Captain Dreyfus is therefore to be tried solely
on the two charges Of having written memo
randum which is now positively known to nave
been written by another man, and OF having
done certain reasonable acts enumerated in
document forged by bis enemies. The result or
such q trial is scarcely problematic. Nor can
We deem this restriction in the least degree I'M
inst When n man is tried upon criminal
charge the prosecuting attorney elects the count
or counts in the indictment upon which the trial
is based. II the man be acquitted the prose
cutor can scarcely, with good grace or show Of
iustice demand that he be put in jeopardy
again through trial on the other and formerly
discarded counts.
One other thing the Minister'S order has made
plain. OF even greater importance than the fate
Of Captain Dreyfus That is that in France the
civil government is superior TO military author
ity The Court Of Cessation Is the supreme civil
tribunal. General de Gaifet now declares II 10
be supreme over military tribunals. 1t has al
| ready revised the decree Of one court martial
| 1t now prescribes the scope OF jurisdiction OF
| another court martial, and the Minister Of War
| Acknowledges its authority and directs the court
martial 10 obey its decree. We said months ago,
at the time of the scandalous travesty of trial
Of NJ. lola. that the supreme question at issue
| was whether France was a civil republic or n
military despotism. General ~ Gnifet, him
| self a soldier Of somewhat monarchlcnl. not to
say despotic, tendencies. has decided II 10 be a
civil republic. We are inclined TO think his de-
cision will stand. even against the theatrical de-
nunciations Of M. Deroulede, NJ. Millevoye and
| NJ. Coppee II such a soldier as General de Gal
lifet bows Loyalty TO the authority Of the civil
| government nothing but derision can be excited
by the contrary action of all the Boisdeffres.
| Gonses and CLANS. The determination of that
issue, already in fact effected. will be the per-
manent and supreme service Of the Renncs
| court martial.
| What else VIII follow the deliberations OF that
| tribunal one hesitates to reckon; whether the
probe or the sponge VIII be used There arc
numerous and earnest arguments on each side