The Washington times. (Washington [D.C.]) 1901-1902, 1902-02-23
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II NJ ToMoRow THE HOUSE AT NOON

| court-martial alleged that the sentence
placed upon him void in consequence
Of the fact that General Shafter was a
had no authority to convene the court,
and that the court was composed of Of
| fcers who were prohibited from sitting
on courts to try volunteer soldier.
I'm mis- opinion Judge Sanborn presents
an extract from the Articles of War 90,
which reads:
Officers of the Regular Army shall
not be competent to sit on court martial
to try the officers and soldiers of other
forces. except as provided in article rs.
TIN question in this case, he says is
whether the Volunteer Army was the
same as the Regular Army or was a diff
ferent and supplemental army or was IL
one of the other forces of the United
States. within the meaning of article ~
The exception in article IS relates to the
officers OF the Marine Corps and does not
withdraw the appellant of the officers who
tried him from the prohibition of the
general rule announced in article II.
Then is set forth the provisions of the
act of March 2. 1899. by which the Volun-
teer Army was raised for the war with
Spain. and the fact that such increased
force to the Regular Army was to con-
tinue in service only during necessity
therefor and not later than July 1901.
Deming enlisted as volunteer and
became assistant in the Commissary De
partment with the rank of captain.
Articles of War of 1916.
Judge Sanborn holds that the Ameri-
can Articles of War of 1776 prsvided that
the officers and soldiers of any troops,
whether. minute men, militia, or others,
should, when joined with the regular
forces, be subject to be tried by courts
martial in like manner with the officers
and soldiers in the regular force, save
only that. such courts-martial shall be
composed entirely OF militia officers of
the same provincial corps with the Of
fender. AS reason for the legislation
That prohibits the trial of volunteers by
the officers of the Regular Army, the
opinion shows that
1t was not, as suggested by counsel
Tor the Government, that the volunteers
and militia were citizens of the States.
and that their officers were generally com
missioned by the Governors. 1t lies deep
er and is more funda mental and potential.
1t is grounded in that cardinal principle
OF Angio-Saxon jurisprudence that no man
shall be tried or condemned save by the
hearing and judgment of his peers The
officers of the Regular Army are gener-
ally taught in their youth the laws that
govern the regular force. that high regard
for truth and honor and that prompt and
exact obedience to orders which condition
its nigh efficiency. The officers of the
volunteers spent their earlier days with
out knowledge Of military law, preparing
fer agricultural, mechanical. mercantile.
or professional pursuits. unaccustCmed to
discipline and exempt from the
commands Of suDeriors
-" The officers of the Regular Army
make the discipline OF that army, the
preparation fer war. ard war itself the |
work of their lives. Their hopes and their
aspirations are to excel in this their
chosen profession, and upon It they rely |
for their livelihood. The officers of the |
volunteers lok to civil pursuits for their
ultimate success and sustenance. They |
leave these pursuits for a few short |
months at the call of their country to |
subdue a rebellion against or to defeat |
any enemy of their nation. They seek |
not SO much to discipline the army they |
join and to prepare IT for war as to speed |
lily conclude the war. restore peace and |
return to their chosen pursuits.
" Congressman have not been ignorant !
Of these facts. They have associated with |
known and honored officers of the Regular |
Army. They have known the volunteers.