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the convening authority or by the Commanderin-Chief on appeal as useful or as worth con sideration, and hence a report not proper for "I feel less awkwardness in obeying the order to detail my sentiments on the nature of the convention, a court to make and not in form or even in because that I have already joined in the tribute of applause due in other respects to the officers con substance strictly proper for any member to cerned. My opinion, therefore, is only opposed to make, may, nevertheless, be within the au theirs on a question of judgment, where their talents thority of any member, because, although not are likely to have so much more weight as to render the profession of my difference, even on that point, thorough, it may be within the precept and somewhat painful. may be useful by suggesting to the convening "Duty is, however, imperious on me not to dis guise or qualify the deductions which I have made authority that a more thorough examination during this investigation." is needed. All the seven members of the court then The following suggestions concerning the joined in repeating,1 in their second report, dissenting opinion are made upon the theory their respectful tribute to the " zeal and that the presiding member of the court firmness " of the officers named, and the concurred in the court's opinion excepting "ardour and gallantry of the rest of the on the points mentioned in his individual officers and soldiers on every occasion opinion. Such concurrence is expressly as during this expedition," and their opinion sumed by both the decision of the Secretary that such conduct had " done honour to the of the Navy and the decision of the President troops and reflected lustre on your Majesty's of the United States on the appeal. Legal readers were even more surprised arms," and that notwithstanding the court's than others when the presiding member of differences of opinion concerning the con vention they were united in recommending the court added to his dissenting opinion its concluding paragraph concerning the com that no further military proceeding was ne cessary on the subject. That is to say, no mand and credit at the battle of Santiago, subjects which seem to have been excluded court-martial was necessary. from the inquiry by himself as president of the court, when ruling upon questions involv THE DISSENT IN THE SCHLEY ing those subjects either expressly or by CASE. implication. It had been supposed by some Since each member ofa court of inquiry is that no member of the court, even if out an investigator rather than a judge, obedience voted in their private consultation, would fail to the precept may require him to dissent from to examine thoroughly or to respect, at least the majority's findings of fact or opinion or by silence, any interest of the Admiral to both. But a reportfrom the court or from any whom the court had refused the privilege member, whether as dissent or as an ad of being present by counsel within the bar. dition, upon a subject excluded expressly or Or if no such interest appeared either to by implication from the evidence or from the exist or to be in need of protection, it was issues as argued, may not be based upon a justly expected that neither its absence nor thorough investigation and for that reason its independent existence would be subjected may be error or not, according to the order to any direct or indirect comment, by any to examine thoroughly. But whether true member of a court which not only had the or not, or just or not, it may be regarded by power to admit, but had exercised its power to exclude the person whom such interest ' Hough, c. 17. General Moira disapproved of both. The spirit of his dissent was expressed as follows :