Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-09-23


| hours at a time carrying a 75-pound I'M
| barked log instead of a gun, or trottins
| him around the bull-ring. or giving him
| dose of the buck and gag. But the adap-
tation of the penalty to the n1isdemeanor
| in either character or weight, is liable 10
be as little regarded now as formerly.
The court-nartial record of any army
post with its catalogue of hard punish
nents for the most trivial shortcomings,
tells a pitiful story; and to this, IN the
judgment of many experienced veterans
whose service has made them scholars IN
human nature, has been and still is due
| the bulk of assertions among the rank and
file
COMPOSITION OF COURTS AND
METHODS WRONG.
The reform desired is not, however, con-
fined to the imposition of specific and ap-
propriate punishments; the composition
and methods of the courts are all wrong.
The courts are generally made up of men
who know onthing Of the rues of evidence,
but seem to think that their first duty is
to convict. and their second to deal out
sentences according to the feeling OF the
moment We have seen recent instances
where the reviewing officer has had to
read a lecture to high courts serving I'M
der him, which must have made the ears
of their members ring, because, with the
most convincing proofs of brother-offi-
GERS offending before them, they have
decreed a punishment totally inadequate.
probably with q view to showing their
professional contempt Tor popular ciamor;
while at the same time petty garrison
courts. with only circumstancial evidence
before them, and not Very good at that,
have been laying about them Vallantly
for mild sprees and insignificant brawls
among the enlisted men. Then, too, the
judge-advocate holds, under the existing
system. a wholly anomalous position. He
is supposed on general principles TO be
the prosecuting officer, but he is quite as
apt to be found conducting a vigorous de-
fence for the prisoner. in case either his
sYnlpa tlaies or his sen=e of chiVary have
been specially stirred.
THE CONFEDERAr TIE SYSTEM.
A valuable lesson might be drawn from
the example of the Confederate govern
ment which, on its organization, adopted
in the main the army regulations Of the
United States, including the antiquated
court-martial. The action of the courts
under this system soon caused great dis
satisfaction, not only in the army, but
among the people in civil life: so that, in
October, 1862, the Confederate Congress
passed a law doing away with the old
system and establishing corps courts.
This act created a group of military
tribunals one to attend each army corps
in the field. under the direction of the
president. Each court consisted of three
members, two of whom constituted
quorum. Every member was entitled to
the rank and pay of a colonel of cavalry,
and was appointed by the president, by
and with the advice and consent Of the
Senate, to hold Office during the war, un-
less the court should sooner be abolished
by Congress. For each court there was
one judge advocate, appointed by the pres
ident, with the consent of the Senate,
With the rank and pay Of a captain of
cavalry, to hold Office during the war,
his duties being prescribed by the Rules
and Articles of War, except as enlarged
or modified by the creative act. Each
court appointed a provost marshal to at
tend its sittings, and execute its orders,
with the rank and pay of a captain of
Cavalry. and also a clerk to record the
proceedings. The provost marshal and
clerk held their offices during the pleas
ure of the court. All the officers took the
usual oatflS.
Each court was authorized to adopt its
own rules for conducting business and
trying causes, to punish for contempt,
and regulate the taking of testimony, to
secure the attendance OF witnesses, and
IS
ders. Zentences. and judgments. It's juris-
diction extended to all offences now cog
nizable by court-martial under the Rules
and Articles of War and the customs of
war, also to all offences defined as crimes
by laws of the Confederate States. or of
the several States, and, when beyond the
territory OF the Confederate States, to all
cases of murder. manslaughter. arson,
rape, robbery, and larceny, as defined by
he pRn1lnnn law when tod ,,r.,,
private or officer below the grade of lieu
tenant-general, or against the property or
person OF anyone within the army. Of
fences We're divided, for the courts pur-
poses. into a.. those cognizable by the
Rules and Articles of War; ~, any others
punishable by the laws Of the Confeder-
acy, and l5). any still remaining punish
able by tho laws of any State. In each
case the court inflicted the penalty pre-
scrihed by the Rules and Articles, or the
Confederate laws, or the State laws ac-
cording to the head under which the of
fence fell Here, however, little dis
erection was allowed in cases where the
CIVIL laws prescribed fine or imprisonment.
II might, in its discretion. intiict any
other punishment less than DEATH and for
the more serious offences from murder to
larceny, when committed outside Confed-
crate territory, the punishment was left
to the court to decide
Accused persons We're assured as prompt
trial as practicable. The court attended
the army everywhere, and were always
open for the transaction Of business
When any of the judges were disqualified
commanders OF corps and departments
were empowered to detail field officers to
serve in their places. Citizens were re-
CURED to attend as witnesses Under pain
OF Imprisonment till they should consent
to testify, and were paid reasonable
lee Tor their attendance. When acquitted,
soldiers We're returned to duty and cfti-
zen. zetis d.scnarged without awaiting the ex-
animation or report Of the REVIEWING of1i.
Ger. 1T#E
GOOD MATERIAL IN THE CONFED-
ERATE COURTS.
BY way of showing the material brought
into the composition or these permanent
courts -iaartial of the Confed eracy, it may
pc noted that Longstreet's corps had
Charles Ay,,sG