The Sun.
London, England, 1822-10-11 00:00:00

THE ARMY.

GENERAL- ORDER RESPECTING COURTS-
MARTIAL.

[ Directed to b e embodied in the General Regulations of theArmy.]
The Mutiny Act, and the sixteenth section of the Article of
War, contain the principles on which Courts Martial, both
General and Regimental, are to be constituted, and their pro-
ceedings conducted.

The duties attached to Officers employed on Courts-Martial
are of the most grave and important nature, and in order to dis-
charge them with justice and propriety, it is incumbent on all
Officers to apply themselves diligently to the acquirement of a
competent knowledge of Military Law, and to make themselves
perfectly acqu'ainted with all Orders and Regulations, and with
the Practices of Military Courts. With this view, the Com-
manding Officers of Regiments, are to require all Officers, on
their entrance into the Army, and before they are nominated to
be Members of Courts-Martial, to attend the proceedings of
such Courts, until the Commanding Officers may deem them
competent to the performance of so important a duty.
General or other Officers, commanding on Foreign Stations
are restricted from sending home Officers, or men, with arti:
des of accusation pending against them, except in cases of the
most urgent necessity, it being essential towards the due admi-
nistration of justice, that when charges are preferred, they
should be thoroughly investigated on the spot.

An Officer, who may be placed in arrest, has no right to de-
mand a Court-Martial upon himself, or to persist in consider-
ing himself under the restraint of such arrest, after he shall
have been released by proper authority, or to refuse to return
to the exercise of his duty. It by no means follows, that an
Officer conceiving himself to have been wrongfully put in ar-
rest, or otherwise aggrieved, is without remedy ; a complaint
is afterwards open to him, if preferred in a proper manner, for
which provision is made in an Article of War.
In all cases in which more prisoners than one are arraigned
upon different charges, and tried by the same Court-Martial,
the Court is to be re-sworn at the commencement of each trial,
and the proceedings are to be made up separately, and signed,
as if each prisoner had been tried by a distinct Court-Martial.
Officers commanding Regiments are empowered by the
Mutiny Act, and by the Articles of War, to cause Regimental.
Courts-Martial to be held, for inquiring into such disputes, or
criminal matters as may be submitted for their consideration
and judgment, and for awarding corporal or other punishments
for small offences ; but the sentence is not to be carried into
effeet until confirmed by the Commanding-Officer, and the
award of corporal punishment by a Regimental Court-Martial
is in no case to exceed three hundred lashes.

General Regimental Courts-Martial are not to be applied to
Crimes of a heinous or aggravated nature which require to be
reported to the General-Officer commanding the district, or, on
the station, with a view to their being brought under the con-
sideration of a General Court-Martial. Courts-Martial of this
description are intended for the investigation and punishment
of offences committed by non-commissioned officers or soldiers,
which may not be deemed of a nature to require the investiga-
tion of a General Court-Martial, composed of officers of other
corps, but which, from circumstances attending them, may seem
to call for a more severe punishment than can, be awarded by
Regimental Courts-Martial.
The proceedings of a General Regimental Court-Martial, if
the Regiment is in Great Britain or Ireland, are to be trans-
mitted to the General Officer commanding the district, and the
sentence awarded is in no case to be carried into effect, until
has received his sanction and confirmation. If the Regiment
is not under the orders of a General Officer, the proceedings are
to be transmitted to the Adjutant-General, for the approval of
the Commander-in-Chief.
If the Regiment is on a foreign station, the proceedings are
to be submitted to the approval and confirmation of the General,
or other Officer commanding, if not under the rank of Colonel,
previous to the sentence being carried into effect.
At all trials by General Regimental Courts-Martial, a De-
puty Judge Advocate is to attend, who must be furnished with
a deputation from the Judge Advocate General; and the pro-
ceedings, after they have been duly confirmed, are to be trans-
mitted to the Judge Advocate General in London.
General, or other Officers in command, who have authority
to approve and confirm the sentences of Courts-Martial, are to
be very particular in stating at the end of the proceedings,
their determination on each case, and the manner in which the
case is disposed of.
In every case, in which a prisoner pleads Guilty, it is the
duty of the Court-Martial, notwithstanding, to receive and to
report in their proceedings such evidences as may afford a full
kpowledge of the circumstances, it being essential that the facts
and particulars should be known to those whose duty it is to
report on the case, or who have discretion in carrying the sen-
tence into effect. -

When a Court-Martial awards solitary confinement, as a
punishment, it is necessary that the words " solitary confine-
ment" should be expressed in the sentence.
The two next paragraphs are concerning the forms and cir-
cumstances of such commitments, adding, that no soldier is to
be subjected to such confinement, except he be free from
disease ; nor sent to the county gaol, except there are no other
means of executing the sentence.]
The Commander-in-Chief considers it of the greatest impor-
tance, that all Officers who may be employed on the duty of
Courts-Martial, should be acquainted with the nature and ex-
tent of the powers and authority vested in them by the Legis-
lature, from the temperate and judidious exercise of which the
discipline and reputation of the service will be maintained.
There is not, however, any point on which his Royal High-
ness is more decided in his opinion, than that when Officers
are earnest and zealous in the discharge of their duty, and com-
petent to their respective stations, a frequent recurrence to pit--
nishment will not be necessary.
Too much attention cannot be paid to the prevention of
crimes: the timely interference of the Officer ; his personal in-
tercourse and acquaintance with his men (which are sure to be
repaid by the soldiers' confidence and attachment), and above
all, his personal example, are the most efficacious means of
preventing military offences.

One company of the 15th Regiment of Foot will arrive to.
day at Manchester Barracks, from Wolverhampton.
Three companies of the 6Gth (or Berkshire) Regiment of
Foot arrived yesterday at Hull, from Sunderland.
One company of the 15th Foot will arrive at Liverpool this
day, from Newcastle-under-Line, and embark with the first
division of its corps for Dublin on Monday next, the 14th inst.
A detachment of the 3d Dragoon-guards is ordered to march
on Monday next, the 14th inst. from Newcastle-upon-Tyne for
Scarborough, where it will arrive on the 18th inst.
The detachment will be afterwards distributed in small
parties, on the Yorkshire coast ; viz. at Bridlington, Ilomsea,
Bramston, and Skipsea, in aid of the Revenue-Officers.
The 43d (or Monmouthshire) Light-Infantry, General J. F.
Lord Ho wden G.C.B. and K.C. Col., embarked at Cork, fir
Gibraltar, as iollows :
Three companies on the 31st August, on board the Success
transport; five companies on the 18th ult. on board the Sophia
and Ocean transports.

FOREIGN TRADE OF THE cous rRY.

REPORT.

The SELECT COMMITTEE appointed to consider of the Means
of Maintaining and Improving the FOREIGN TRADE of the
Country, and to report their Opinion and Observations there-
upon to the House, have, pursuant to the order of the House,
examined the matters to them referred ; and have agreed to
the following Report :

-- -
In the first report presented by this Committee, allusion was
made to various burdens that appeared to press upon the navi-
gation and commerce of the country, under the denominations
of lights, harbour dues, pilotage, &c. ; and although the in-
tention of your Committee to examine these under their several
heads was postponed, by the interposition of matters that seemed
to require more immediate attention, your Committee felt
anxious, at as early a peridd as possible, to -take up the consi-
deration of them, from a conviction that they not only were
matters of importance in therrselves, but that their importance
was greatly augmented by their relation to other measures; by
which it was hoped to extend the foreign commerce of the coun-
try, to the success of which the diminution of the charges, both
-on our own shipping, and those of foreign states visiting our
coasts, was an indispensable preliminary..
To these subjects, therefore, your Committee, upon its ap-
pointment in the present session, applied its attention ; and se-
lected, as the first objects of their investigation, the Light Dues,
Trinity Dues, Ballastage, Surplus Pilotage, and the Ramsgate
and Dover Harbour Dues, which formed in their aggregate the
principal part of the burdens alluded to, and which larnished
grounds of complaint, in their bearing both on British and
foreign shippinga.as well on account Of the amount to which
they were levied, as the-manner in which the levy of them was
made.
- The points to which the attention of your Committee has been
directed, in their consideriation of these dues, were, the authority
under which payments were exacted from British and foreign
shipping ; the amount to which they were exacted ; the pur-
poses to which the receipts were subsequently applied ; and the
means afforded of effecting a reduction of them, without injury
to the public objects for which they were imposed.
These dues, your Committee have found, are collected in part
under the authority of acts of Parliament, in part by ancient
custom, but to the greatest amount under particular patents is-
suing from the Crown.
By the former authority have been established the Dover and
Ramsgate Harbour dues, the charges for pilotage, for ballast-
age, and the dues in the port of London, and the lights under
the management of the Northern Commissioners, constituted
expressly for this purpose: By the same authority, also, have
been established a part of the lights under the jurisdiction of
the Trinity Corporation. The remainder, as well as the esta-
blishments of lights generally on various parts of the coast,
granted to individuals, are established and maintained under
the authority of patents from the Crown. In the acts respecting
lights, as also in the respective patents, are set forth the reasons
for, erecting each 'particular light, and the sums to be collected
on shipping, for the purpose of defraying the expenses of erect-
ing and maintaining it.
As the greatest proportion of the light dues, in common with
other dues of inferior amount levied upon shipping, is collected
and administered by the Corporation of the Trinity House,
your Committee have been led to inquire into the constitution
and objects of this ancient and respectable corporation, the
trusts assigned to it, and the manner in which those trusts have
. been fulfilled.
It appears, that as early as the reign of Henry VII., an asso-
ciation existed, consisting, as it is termed, of shipmen and ma-
riners, for the purpose of piloting ships and vessels belonging to
the Crown, as well as all descriptions of merchant ships ; but
what remuneration was received for this service, and what, if
any, proportion of it was assigned to charitable purposes, does
not appear.
In the reign of King Henry VIII. the society was first in-
corporated by a royal charter, bearing date the 20th of May,
1514, granted to the shipmen and mariners of the realm, giving
them authority to erect and establish a guild or fraternity, as
well of men as of women, in the parish church of Deptford
Strond, in the County of Kent : the charter provided for the
due government of the guild, and custody of its possessions, by
giving power to the brethren to appoint a master, warden, and
assistants, it gave powers to make laws and statutes amongst
themselves, for the relief, increase, and augmentation of the
shipping of Eng] and, to levy pains, subsidies, &c., on offenders,
to the master, warden, and assistants, and their successors, to
acquire lands and tenements to a certain amount, to maintain
a chaplain, and to do and perform other acts of piety, and to the
community generally to enjoy all the franchises and privileges,
shipinen and mariners of the realm have used and enjoyed.
This charter received successive confirmations by Edw. VI.,
Queen Mary, and Queen Elizabeth. -In the act of the Bth of
Queen Elizabeth, after a preamble, reciting the object of the
incorporation -of the society, and its duties of general supervision
of the buoys, beacons, and ballastage, it is enacted, that the
corporation of the Trinity House may, at their own cost, make,
erect, and set up any beacons and signs for the sea, on such
places of the sea shore, or uplands near the sea coast, or fore-
lands of the sea, only for sea marks, as to them shall seem
meet. The act goes on to make it penal to disturb those marks,
and also authorizes the master to license mariners to row on
the Thames. In the year 1594, Queen 'Elizabeth granted to
the Corp Oration the lastage and ballastage of all vessels upon
the river Thames, surrendered for the purpose by the then
Lord High Admiral, Lord Howard, together with all the
rights held by him in virtue of his office, of making, placing,
and erecting buoys, signs, and beacons for the sea, with all
fees and advantages thereunto belonging. This was followed
by a charter from her successor, James 1., which was grounded
upon defects in preceding patents and grants, and the want of
a sufficient authority to govern themselves, and all other sea-
faring men and apprentices; and directs, that from the guild
shall be elected one master, four wardens, and eight assistants..
These thirteen persons are directed to elect eighteen other per-
sons to be added to the guild, out of the whole company of
seamen and mariners, making together' thirty..one persons ;
the successors of whom are to be called elder brethren, and all
the rest of the seamen akd mariners belonging to the guild, and
their successors, to be called younger brethren. Such was the
constitution of the Corporation undr the charter of James I. ;
and such is its form at the present day. The Journals of the
House of Commons contain many entries relating to the Corpo-
ration, to which reference is made in the years 1643-1644-
1647 ; in which last year the. charter of James was dissolved,
the members dispersed, and the management of -the affairs of
the Corporation was transferred to a select committee, and by
that committee was conducted till the year 1659, when the sur-
viving members of the Corporation re-assembled, and acted
jointly with the committee ; after which Parliament nominated
,a master and a second warden, (one being still surviving), and
filled up the number of wardens, assistants, and elder brethren.
The restoration followed ; and in the course of a few months
after the return of Charles H., the charter of the Corporation
was renewed. By this charter the Duke of Albemarle was 'de-
clared master, four wardens were appointed, the deputies and
assistants named, and the forms of election described-; by it
also is granted to the Corporation the power of appointing and
regulating pilots and loadsmen into and out of the river Thames ;
and all ancient profits, dues and duties, which at any time be-
fore, by lawful usage, prescription, or custom, they had reeeiv-
ed or taken by way of .loadmanage, or pilotage, are vested in
the guild, the amount of which is described to be, for loadman-
age. or pilotage, 2s. in every 20s. ; ls. in every 305.; Bd.
for every '6s. ; and 2d. for primage, every man who shall
serve as' a mariner, and return into the river Thames or
port ofLonclon. In prescribing the application of the certain re-.
citpts arising under the grants made, it says " they shall be
to the use and commodity and profit of the said guild, frater-
nity, or brotherhood, and for the purposes of repairing of the
Trinity House and Alms Houses, and for the finding of certain
persons, brethern, and the wives of brethren, of the said guild,
fraternity, or brotherhood, which are fallen into decay, misery,
poverty, and. need ; .and also for the relief of other poor mari-
ners, or seafaring men, such as by them or their successors,
shall be thought meet and necessary therewith to be relieved."
Except by the general directions in the charter of Henry
VIII. in respect to performing works of piety, this is the first
public authority by which the application of any of the receipts
of the corporation is distinctly defined and prescribed.
Notwithstanding the act of the 36th of Elizabeth, it appears
that,a grant had been made by letters patent in the year 1672,
of the right of ballastage, to Colonel Carlos, which having been
litigated by the corporation, was surrendered and restored to
them. and further confirmed by a grant of King Charles 11.,
in 1675, which was intended to put an end to doubts respecting
the soil and waste grounds to the river belonging ; and it fur-
ther grants the rights of ballasting all vessels passing between