Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1901-09-12
COURT OF INQUIRY.
Methods In Vogue and Duties
Of Naval Tribunals.
MERELY TO ESTABLISH FACTS.

IT VIII Not Pass Judgment, but Hear
Testimony-Rights of Rear Admiral
sch1ey Defned-Dutfes of the Judge
Advocate The Rules Governing
Evidence.
Just what rights Rear Admiral Win
field Scott Schley may have in the
court of inquiry which, at his own re-
quest, has been ordered by the secre-
tary of b navy are not exactly clear
to many, who, while fairly well in
formed in civil tribunals, are a trife
cloudy on the methods in vogue in
military and naval inquiries, says the
New York Mail and Express. In the
United States there have been compar-
atively few courts of inquiry Of great
sea or land fighters, which fact, when
coupled with the knowledge hat great
secrecy and sometimes absolute sup
preston, frequently complete white
washing, mark Investigations Of high
grade sailors and soldiers abroad, is
quite complimentary to both services
of the American government. Leaving
aside the trial IF Commander Bow
AldA LII COd 1OI IL LALclpIlSc OpA-
sode and the punishment Of the late
Commander Oscar F. Heyesman for
the loss on Roncador reef of the cor
vet Kearsarge, the notable courts of
inquiry, with their subsequent courts
martial in the Yankee navy, may be
counted on the fingers of one hand by
American historians.
The question has often arisen how it
was possible for an Officer in the navy,
who may have been Of the same corps
or Of the same grade or even Of the
same class in the Naval academy, or
who may nave been an associate on
duty with an officer under official fire,
could be a proper person to act as a
member of a board Of inquiry or form
q personnel in a court martial. It has
been repeatedly shown that the honor
of the uniform alone has on several oc-
casions made an officer condemn to
punishment his best friend and ship
mate and hat his oath as a gentleman
compelled him to do that which under
other circumstances might be consider
ed by an elastic conscience to be full
justice to the department, himself and
his friend the defendant. Never in the
history of the united service has there
been the shadow of doubt as to the hon.
esty of purpose Of the members of a
trial board.
A court Of inquiry such as that order
ed for the Schley controversy is held by
the same authority as a general court
martial without restriction as to ex-
press authority" It's origin is not found
in law, according to h highest au-
thorities, one of whom was Henry @.
Cochrane, but in the exercise of kingly
prerogative. Custom alone managed to
get the courts Of inquiry into the mill
tary jurisdiction Of England, but the
United States did not legally attempt
to recognize the wisdom Of courts of
inquiry until April %, 1900. They had
been held here previous to that time,
however. AS a token of their splendid
formation it is known thai the laws as
to their organization and powers have
not undergone the slightest change
since that time.
A court Of inquiry has one purpose
only. This is to ascertain facts in any
case that is complicated and "for the
information Of superior authority or
ly." A court Of this kind may be con-
vened to fix any responsibility, which
is merely a preliminary proceeding to a
trial by court martial. In the Schley
court of inquiry the main purpose will
be to clear up matters Of public wei
fare, and, believing himself to be ag-
grieved, the real admiral stands in the
legal sense of demanding exculpation
for something he did or did not do
| While Schley may demand the presence
of any witness he chooses and may be
! represented by counsel either in the
navy or out, he is cut off absolutely
from all connection with the court ex
cept as chief witness for himself. Yet
as in civil law, he is not compelled to
| testify for or against himself, and any
failure to appear as a witness or any
refusal to answer questions must not
mitigate him in the general summing
up.
The Schley court Of inquiry will not
have the authority to convict. 1t viii
simply record, sift and methodize thu
Information cleaned, and it's report will
alone determine If further action il
necessary. For this reason the cour1
will have only semijudicial authority
which will, however, be distinguished
for great precision as regards docu
mentary evidence. The extreme strict
! mes Of a general court martial canno
prevail in a court Of inquiry of thu
Schley character. The scope of the in
vestigation will depend absolutely up
on instructions from Secretary Long
which, while minute and definite, Ii
like that Of a court martial only so IA
as it applies to the work Of a gran(
jury.
Members Of a court of inquiry ar
disqualified from sitting as judge an
jurors in any court martial that ma.
follow. for the reason that while the