Melville Fuller

“ The evidence is not before us in any form, nor are there findings of fact in respect to the conduct and behavior forming the subject of inquiry. The specifications were not objected to for insufficiency, and cannot properly be held to be, on their face, incapable of sustaining the charge. As the court martial had jurisdiction, errors in its exercise, if any, cannot be reviewed in this proceeding. ”

“ It appeared therein that the proceedings, findings, and sentence of the court martial were transmitted to the secretary of war, who on January 16, 1873, wrote upon the record an order approving the proceedings, with certain exceptions, and the findings and sentence, together with the further statement that, in view of the unanimous recommendation by the members of the court that the accused should receive executive clemency, and other facts, the president was pleased to remit all of the sentence except so much as directed cashiering ”

“ Rep. 219: 'Undoubtedly the action required of the president under this article is judicial action. He decides personally, and the judgment is his own personal judgment, and not an official act presumptively his. But that judgment need not be attested by his sign manual in order to be effectual.' There the indorsement read that the proceedings had been forwarded to the secretary of war, and by him submitted to the president ”