Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-01-26
THE TRIAL OF GEN. EAGAN.
Erroneous Notions That Prevail About 1t
The Board Need Not BE Composed of
Equal Rank Officers.

Now that preparations for the EagIn
court-martial are so well under way, at
ttention may properly be called to several
errors which have crept into the prelm-
mary comments upon It. one of these Is
the notion that such a court must be
composed of officers of equal rank with
the accused, says the Washington CORE
spondent of the Boston Transcript who
continues: Some of the writers indeed
have even gone so far as to assert that
such and such officers must serve on the
court because they belong 10 the regular
army, while volunteer officers of corre-
spending rank would be ruled out. The
articles of war make no such distinction
They leave a large discretion to he eAcr-
csed by the officer ordering the court as
to the matter of its personnel. 1t would
be entirely competent for the President to
have General Miles himself tried before
court composed entirely of Sc Old leuten-
ants, but it would not be desirable. An
officer Of equal rank with the accused is
supposed to have nothing to gain by the
result of the trial, whereas If = cOu"t COM
posed of subordinate officers were conven-
ed often enough to try officers of higher
rank it would be possible to create Il long
list of vacancies and set the machinery
of promotion actively at Work all along
the line. All that the law requires is that
when it can be avoided no officer OF
lower rank than the accused shall sit in
President to Judge, in Gen. EaSan's case,
whether tho assignment OF officers Of in
ferior rank can be avoided 1t would of
course be possible, II neco ssarY, to over
turn the whole military system, bring IN
high officers from posts of duty At great
distance and where they are already wy
busy, and to do many other undesirable
and ineXpedient things But the phrase
ology of the law has been commonly IN
tcrpretod AS meaning simply that whor-
ever it is practicable officers Of at least
equal rank with the accused shall sit at
his judEmc,t. IL any event, no distinc-
ton is drawn between the regular and
volunteer officers, so that with the list
still remaining in active service the Fr, $
ident would have had abund. mt materia
to draw upon, ard will have still II
through illness or other cause any OF /! c
judges first chosen shall be obliged TO
drop out.
Another error quite as widely entertain
ed is the Supposition that the charge or
charges on which Gen. Eagan is tried
must necessarily determine his punisA-
Mcnt. The charge of conduct unbecom-
ing an officer and a gentleman would, If
made alone and sustained, leave the court
with no alternative hut to sentence IN Of
licer for dism. ssal In this respect it diff
fers from such Il charge as that Of con-
duct prejudicial 20 good order and the
discipline of the service, This last charge
is very elastic. An o.lcer might do a
Thousand things preiudcal to good order
and discipline without eros sing the border
line of Offending which would stamp Him
as unworthy of the society of gentlemen
and brother officers. Sometimes the two
charges are combined, and the court finds
that the lighter one is sustained ana The
other not. In that case the sentence may
be a very moderate one. There is also no
table pI rec dent for Il courts going out 81
its way 10 declare the charge before It un-
sustained bat the accused officer guilty
of less grievous offense, in the Swain
oase, for instance. this was done and
Swain was only suspended, whereas UNI
der an adverse finding on the original
charge he would have been Cashiered. In
any case the President has power 10 mili-
gate u sentence or extend pardon.
A third very widespread error is found
ed on the idea that a court Of inquiry, II
it hud been ordered instead Of court
martial, would have disposed OF the cases
of both Eagan and Niles at once, and
punished whichever officer was guilty OF
tho moro serious offending, or both II
both were equally guilty. court of in
quiry does not punish. 1t is simply par
of the detective system of our military cs
tablishment. Its function is limited 10 tht
discovery of facts for the commanding Of
fCer who ordered it, Sometimes The and
ings of the court are set forth in for
maj report IOl inc iIlloS' Oh Hlahils
publ, tn eAoueratcn OF perS under
suspicion, aud sometimes wilN such IN
formality that only mcagro record is
left on the files of the department. If III,
facts discovered by the board Of inquiry
seem to justify "a court martial, the com
handing officer may order il, or in hi
discretion he may pass the whole matte
over. The coI"t of inquiry does not hav,
even the advisory functions of a gran.
jury, to say nothing Of its power Ct indict
ment. Sometimes, when the commandin.
officer does not consider court of mquir!
necessary, wishing to avoid its expense O.
Inconvenience he simply details an in
specting officer to collect the information
desired. rhat officer may inspect VIII
his own sight and hearing, taste, smell
and touch. or he may conduct his nquir.
wholly by correspondence. He may max
the inspection While the subject matter !
still In existence, or he may fall bacl
: later upon the memory OF Witnesses Wit
We're competent to judge of il,
, While there is absolutely no sentmen
/; here favorable to Eagan in connection
with the offence which has given rise t