Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1901-09-12

fixed by custom and advisable .
There is nc statute of hmitat1onn 10
ones demanding a court Of inquiry a.
may be judged by the action Of Ffts-
John Porter and Lieutenant Colonel @.
K. Warren in 1873 and 1880. when they
demanded a court Of investigation to
inquire into the military conduct dur
ing the civil war, 1865. A court of In
quiry cannot fix punishment and Is un-
ike a civil court in that respect as also
because Its power is only temporary,
being dissolved by the authority which
ordered it to convene. In q word the
full scope of a court Of inquiry OF the
Schley order is "well and truly to ex-
anime and inquire"-that and nothing
more.
With a court martial everything Is
different, even to the Judge advocate
trying to convict, whereas in a prelimi-
nary investigation, such as a court Of
inquiry really is, that officials sole pur-
pose is to get all necessary facts from
witnesses. The authority Of q court
martial is much more limited than that
Of a civil tribunal, and it's powers have
been cut a h~undredfold since 1853,
when Robert Blake, George Monks,
John Dfsbrow and William Penn, all
admirals and generals under the Eng
lish flag, acted under the authority of
parliament and issued instructions to
all commanders Of ships to govern and
punish all persons guilty Of attractions
OF the naval laws. The only person in
the United States authorized to con-
vene a court of inquiry or a court mar
tial is the president, secretary Of the
navy or the commander in chief Of q
feet or squadron. The latter is depriv-
ed Of this warranty in the waters of
the United States.
A judge advocate, besides knowing
something about law, must be more
or less of an expert in the duties Of sea-
manship, gunnery and all military and
ava tactics. He must keep the pro-
ceedirgs Of the court, administer the
required oath to the different members
of the court, advise them as to all Ques-
tons of form and law, object to the ad-
mission Of improper evidence and point
out the i~rrelevancy of any testimony
that may be introduced. In a word, he
assumes all the responsibility Of the
legality of the proceeding that a Judge
and lawyer might. AS a general thing
officers of the marine corps are asked
to serve as judge advocates.
The Revised Statutes of the United
States define the rules to govern the
admission Of evidence as follows:
The evidence of the prosecution
must first be taken, and after the pros
ecution is closed no further evidence on
its part can be admitted except by spe.
cial permission of the court. The de.
PENDANT is permitted at his own re.
quest, but not otherwise, to testify in
his own behalf. The same rules gov.
ern the evidence for the defense.
AN accused nan may make his de
Tense orally or in writing, and the
Judge advocate or the prosecution has
the right to reply"
When the court has finished the trial
It examines the evidence and argu
ments behind closed doors and votes
upon each specification of each charge
separately. The vote Of each membe,
is in writing. and no one is permitted
to know how his associate has voted
The court must deliberate until q ma
jority agree upon a finding.
Notwithstanding its power the higher
civil courts have decided that q court
martial cannot impose an Infamous
punishment" upon an accused.