The times., 1899-08-31


brief recently made public by the counsel
for the defence in the now notorious case
of Capt oberlfn NJ. Carter, Z. S. A, who
more than fourteen months ago was con-
victed by regular United States court
martial of conduct unbecoming an officer
and gentleman" was made yesterday to
reporter for The Times by an authority
who is as competent to speak for the
prosecution as is Mr.. MacVeagh for the
defence:
The brief of Captain Carter's counsel is
candid admission that the defence has
no just ground upon which TO base its de-
nand for another posrponeinent in the Car
ter case.
Mr. Macyeagh attacks the court-martial
system OF the United States Army He
says it is incompetent to render a just de-
cision in case of this character; criticises
the manner in which the proceedings of
the court were conducted, and makes an
attempt to incite meudlin sympathy for
his client by comparing the Carter in
fanny with certain isolated cases in history
in which justice has miscarried through
| the operation Of military court
Il do not care to discuss with Mr.. Mac
Neagh the propriety of his criticisms That
/ is question of taste about which we may
well differ. He may think he is justified
! in declaring that the court-martial sys-
tenn of this country is not calculated fairly
! and justly TO protect the honor of the
! United States Army. He may be correct
/ in his assumption that the bureau of mill
tary justice in the United States is in
competent 10 deal with the important and
( far-reaching questions involved in the case
/ OF his client, Captain Carter. 1t may be
/ true that the court-martial system of the
United States has all the imperfections
and shortcomings which Mr.. MacVeagh al
leges that it has But. in spite of all that.
and granting all that, the fact yet remains
that this court-martial system is the only
machinery OF justice recognized by the
United States Government as legally auaIi-
he'd 10 prosecute offenders like Captain
Carter.
GOurt-MartinI the Proper Tribunal.
Mr.. MacVeagh knows very well that
the court martial is the proper, the just,
the reasonable, the legally constituted tri-
bunal before which all officers of the
United States Army charged with conduct
unbecoming an officer and a gentleman
must appear for Justification He knows
that the court-martial is as old as the
Government. He knows that il re-
ceiyes its powers directly from the
national authority. He knows that to
| ii has been delegated the right
and duty 10 protect the reputation and hon
or of the United States Army He knows
that for more than hundred years the
records of our military courts have reflect
ed credit upon American history. He knows
that the ts-martial of the United States
since their existence have been as free from
abuses, from errors. from unfair and unjust
and cruel decisions as have the civil courts
4 l,.T4 - L. 4
must know that his Indictment of the court
martial system is at once unworthy and in
iurious-as unworthy of him who makes it
as it is Of the honorable and capable men
/ who have given dignity and distinction to
the bureau of military justice, and to the
court martial system since the Government
was founded. With his knowledge of United
States courts-martiai, he must realize that
/ IL is highly absurd TO attempt TO point out
any similarity between the case of Captain
Carter in the United States and the case
of Captain Dreyfus in France.
Captain Carter was accused, arrested
tried convicted. and sentenced on one dis
tinet charge namely. of conduct unbecom-
ing an officer and gentleman
When an officer OF the Army is
indicted on that charge he is ac-
cording to the law of the land, subject TO
trial before court martial. II is the duty
TO determine whether or not he is guilty
or innocent. The civil courts have nothing
10 do with it, The one question at issue
| is simply this: Has the accused
| been guilty OF conduct unbecomlng an Of
hcer and a gentleman? The one way 10 de-
eide that question is TO submit IL, as the law
| prescribes, to a properly appointed and
properly organized court-martial-
Carfer's Oath and Agreement.
When Captain Carter entered the Unit
ed States Army, he thoroughly understood
that on all charges affecting his conduct
as an officer and gentleman he would be
subject to the jurisdiction, not of civil,
but OF a military court All Army officers
! understand that And understanding that
Captain Carter agreed when he took the
oath, that he would be subject 10 and
| abide by the decisions of the military
court. He understood thoroughly in what
| particulars court martial differs from
| a civil court. He understood as evidently
mis- counsel does not understand the diff
ference in drawing indictments and in con-
| Quoting trials in civil and in military
! courts.
when an officer OF the Army is charged
| with conduct unbecoming officer and a
| gentleman the law provides that every
thing possible of proof against him shall
| be embraced in the one trial, and that he
| shall stand or fall on bis conduct as a
| whole. The reason for this is that ii would
be unfair TO an officer TO be repeatedly ac-
| cused of want of honor. The law,
~,