Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-06-24
The offence, imputed g me BY the %
charge. q snnnosed 10 be embraced within

nanny COutdtuo stisS 80 r. q 49,.
cammander who shall. on the pronsDiasy
Of an engagement, neglect 70 CLEAR MS sap
20 action. shall sufe. death; or such otas'
punishment as court martial shah ad 4
siudee.'' But these expressions are not
+ found, ia the order, 10 which ! heye pre-
sensed them. They are in.crmlugled win
oher provisions, in the same clause; and
mos. be considered, 10 connection Win
these provisiops,to ascertain their true 'm.
por.. There are also other clauses, in the
same article, relative to the same sub]ec'.
These also are TO be considered, asqdetes.
mining the true construction OF thssParu.
Icular clause. No rule is more deeply
rooted, both 10 legal science, and sound
seose, than that which enioins % the cx.
Founders of a particular provision, rosake
a view O. the whole Law, to fig It's Coo
s,rucsion- If this jus. and settled rules Of
construction be REGARDED, its Impossible
10 believe. that the terms, which have
mentioned, as the Foundation Of the sc.
cond charge, can be apptlcab'e to me, 10
she situa;! ~ 10 which he United STATES
aud ,Glea, Britain ere on the 2aaof Juae
las,.
You will remark, sirs, that The article
contains three classes Of 1effsness. or DIFF
fsrent grades, and subj c. 80 d'tfefeus de.
srses Of punishment. = For the eH.nces
of one Of these classes, The pnnishmsot is
such, as acoort martial sila:! s',jn!ge-"
Ehe power Of iaacsing death, 90, b-ing
expressly given, il is well setslrd, ,iaaiie
discretionary power does es'snd to The ~
Fiction Of capital punishment. For ancsiaer
class OF these casnces, the offender sinai!
| .'sufsr death, orsueh Other punishment s
the court shall sdjsdgs." The caur, nsy,
10 these casss, inGics death; bat have the
power TO impose q s!ightef punishment;
according TO The circumstances Of the Of
frnce. For The third class of offences. the
offender "shall suffer death, on conoicsion
thereof by 81 neral court MARTIAL No
discretion exists. The only atone ment Is
death.
Ia :his g,adation OF punishment. is CD.
vious'y displayed the legislative graduation
OF gGb.. II canno, be doubted, that the
legislature meanr by these three provisions,
20 proportion the punlshmen,saeeordiug TO
theirsestimaie OF cuipAbisity. To suppose,
that they Ges gaed to inaicilhe greater pu.
nishmsnt on The Einor cffeoce, is 10 i'm.
pnle 10 them a persersion Of the first aud
most obvious principles Of criminal juris.
prudeoce. Yet this mus. Ne imputed 10
them agains.sne ralpsble inte rpal evidence
OF these provisions, 10 comprehend me-
within the terms, which | have q.ut.
I'd.
The offence Of 6 neglecing 70 clear for
action on the probability If an engage.
men,," shcngh, IN the structure ct tne
sentence, it is contained IN the hrs1 elaase,
is yes 10 the second class of effeuces.
\ The puaishment is deash, or such ot.,Sr
as coat martial may adjudge.' This
offence is therefore ore Of superior guilt,
10 the legislative scale, 20 sha. coniained 10
the nexs c!suse; in which he cour. mar
tia! csaoos iralcs capital punishment.
The offence Il the lcae.s grade, for
which the court csnnol isaics dcash, is
thus described 10 the law" Soy officer
neglec,irg, in sight Of any yessel or YES
GELS of ap eaeny, TO clss. ha ship for ac-
ticn, shall suffer such punishmens as a
court martialsha.l adjudg=" This lsw,you
will remark, does not adop. the absurd
idea, which has been advanced, that in
sight Of 40 armed ship, knoun TO be frieod.
~, il is The duty Of commanciog officer
to clear for action: bas is expressly ccu.
6nrd TO enemy's ships, 10 a state of war,
in sight Of au enemy's ship, an eng.ge-
NEE, is not only probsole, bu, aliGos csr.
tain. tia The duly Of commander TO
seek il. if his force be adequate. His al.
vrrsaty will seek i, if j. be inadequate.