JITDG-E AND ADVOCATE MILITARY.
}'lion a statement in the Globe we infer that there is some prospect of realizing our wish, and that the office of Judge- Advocate may be split into its two properly separate parts of Advocate and Judge. We gather from a statement which appears to be official, that the sobject is under consideration, with every probability that the .judicial part, of the Court-martial will he materially altered. The idea seems to be, to appoint a new class of officials for the purpose of 'assisting the Judge-Advocate-General in his department,--persons versed in military law and judicial conduct, and available to act as judges at Courts-martial. This would supply a proper judicial President for the court, and would transfer the officers who now act as judges to their proper position —something between that of an unpaid magistracy and of jurors sitting to try their peers. So completely in harmony is the general opinion Upon this subject, that there appears to be no doubt re- specting that part of the reform. The other half of the jiidge-Advocate's duties appears to be invol- ved in greater doubt, but the nature of which we do not understand. The statement respecting the appointment of prosecutor is positive only so far as it touches upon the objections to the present ar- rangements. The Commanding-officer of the regiment now, as a matter of routine, acts as prosecutor: and in military affairs per- haps, .where there is less question respectinab dictatorial powers of the superior officer than in other departments of the public service, there may not be the tame objection- to this mixture of duties. On shine occasions, however, it is manifestly open to great sus- pick, if not to real abase. Colonel Garrett may not be a bad man, but implicated as he was in the irregularities of the Forty- sixth Regiment, it had an ugly look when Perry appeared as pri- soner and Garrett as prosecutor. The objection to such an ar- rangement seems to be admitted in official quarters, as well as by the public ; nevertheless, the reform is not announced as a settled matter. We do not see what difficulties can attach to the selection of a prosecutor. Surely, it is not so difficult to find a person who can undertake the duties of accuser, its to find one of the training and standing demanded for a judge P There are few towns of any consi- derable extent--none; we imagine, likely to be military depots—at which an intelligent lawyer could not be found, and any such person could vadily acquire sufficient knowledge- of military business to take his instructions. Some form or appointment for the special mosaic& from the Horse Guards, and a moderate fee, would be sufficient to constitute his office. And there might. be real ad- vantages in bringing military business within the purview of the legal profession at large. Another plan might be, to appoint a staff of officers, trained at the bar, as assistants to the Judge- Advocate, charged with this particular duty. Such a special bar might be a nursery for the military bench ; although we incline to think that, for home service at all events, it would not be neces- sary-to do more than make suitable arrangements for calling in the assistance of intelligent local lawyers.
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