Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-04-10
REPORT

qUire into the lairs gOrerning the Mary, SC.
The committee on naval affairs, TO whom
were referred a resolution instructing them TO
inquire whether any. * ifany. what alterations
are necessary ana proper to be made in the Sc
verai laws relating TO the government OF the
navy also, the proceedings Of certain courts
martial lately held in the NJ otlitvrranean, for
the trials ot capt. Oliver II. Perry, capt. John
Heath and capt. John q. Creighton also. the
memorial of certain midShirmen belonging tn
the Mediterranean squadron, addressed to the
President of the United States,
REPoRT-1he committee have examined the
several subjects referred to them, and are OF
opinion. that tile general regulations Tor the
government ut the navy do not require To be
changed. With Il view OF ascertaiulng whether
the circumstances which lately uauspired in
tue Meditcirauean.liaNe grown out of detect
in the law, or the administration OF the law, the
committee. after ana;tentiye consideration OF
the law. aud of the several cases determined
under Il, think the defect is not in the law 49,.
Their attention has been particularly drawn to
the Sd, 18th and 30th sections OF the - act for
the better government OF The navy OF the Unit
ed States. The third sc CtioB of said act is il,
the following words =" Any officer or other
person in the navy who shall be guilty Of OPP
pression,. cruelty, &c. shall if an officer, be
cashiered, or suffer such other punishment as
court martial shall adiudse,' &C. The fomr-
teenth section of the said act is in the follow
ing words =" No officer orprivate in the navy
shall disobey the lawful orders of his superior
osicer, or strik e him or draw or offer to draw
or raise any weapon against him, white in the
execution OF the duties of his Office, on the
pain OF death, or such other punishment as "A
court martial shall nfiict." The 80 II section
OF said act is in the following words :--.' No
commanding Ofiicers shall, Of his Ownauthorjtv
discharge Il commissioned or warrant officer
nor strike, nor punish hin otherwise than by
Suspension or confinement &c. any command.
iug otcer offending hsreiu shall be punished
AT the discretion of "a court martial" Ii will I've
observed, that the punishment denounced a.
gainst an inferior officer for striking, SC his
superior, may bG death or such other punish
meut as count martial may adiudge; whilst
Tor similar offence, committed By super Or
oElcer against an inferior, the punishment IS
such as the discretion OF a court mar iial may a.
ward In these two articles such an inequa.i
~ OfpunIshneItis supposed by many 10 exist as
10 calfor change of the law. This impression
did hotescape the attention of the committee;
bnt on mature reflection they were led To doubt
the propriety fthe opinion--striking, drawing
weapons, &c. on the part OF interiors agai-St
superiors, in military bodies carries along with
II the idea OF INSTRUMENTATION and mutiny un
der such circumstances, no military body can
eA'St, or II exist AT all, itnust be 10 purposes
worse IMAM useless. Ii Is believed. that al all
times, and ill all nations who had correct ideas
OF military discipline, the power TO punish mu-
tiny with death, has been vested ia their mill
tary tribunals nor do they think it could be
ulSpetSeu with IN this government; for they
believe the principle TO he correct, that in free
governments the ri9Or of military discipline is
as necessary. perhaps more so, as under govern
inthtS OF q ulHcrtM character anu II Is
cunStaDce well understood that pei sons 70
lng into military service part forthe time with
The porten of their civil rights The commit
tee are of opinion that il would be inexpe-
dIeht TO change this part of the naval regula-
lions.
Their attention was next drawn 10 the oppo.
posite view of tue question. Oppression, and
striking interiors by superlors are punishable
me nrSt, by caShierIng, or such aihcr punish
Hient as court martial shall adiudge the Sc
cond, AT the discretion ola rOurt martial. This
part OF the subject having given rise to the late
occurrences among the officers in the Mediter-
ranean, claimed and received the undivided at
tention OF the committee. They examined tie
propriety OF fixing some definite punishment
III these cases; such as suspension for a certain
length OF time, below which no cOnrt martial
should be at liberty TO go. in adjud sIn. the pc
nalty 10 be awarded for commission of the
offence. Bat, on mature consideration, diff
cultieS, which the committee considered as
great, II not .nsupeTable, were believed TO at
tend such provision Let suppose thai
such is the law; when The case comes TO he eN-
amihed, II Is found that a number of ciTcum
stances exist, which reduce the offence 10
almost nothing OF on the other hand, circu,A
stances are dIScoN cred Off character so aggra-
waited, as TO give il "A very different cOmpicNion
LET us take by way OF Illustration the two
cases OF captain Perry and captain Creighton,
pom now under the consideration of the COM
mttee In tile former the committee see cir
cnmstances OF a character, which ia their opin
ION, would have justified much more ri@o.
rous sentence of the court martial towards that
ohcer, as high and deserved a favorite of his
country as he was; and il is with no small regret
mat The committee feel II their duty TO express
the opinion. On the other hand, for charge
III part OF similar character, the charge of
stflklnS mIdshIpman MarstOn by captain
creighton, they see nothing of sufficient i'm
portance 10 have attracted attention. Thus
situated, numberless shades of difference al
tending almost every case which can be sun
posed to occur, the committee believe that
m hmm -
OF suihclent magnitude to have any effect
would be improper. The committee think a
reference To our civil trials will illustrate this
part OF the subject. Thus in the trial by iury
that body exercise an entire discretion in ali
actions OF assault and battery, &c and graduate
the penalty 10 the offence, according to the
circumstances of each case. 1t is also i'm ac-
cordance with the mild character OF the crimi-
nal codes eff most OF the states composing this
OhhOn, III which scale of punishment is grad
mated according to the degree Of The offence
The committee know that there the law can
be deiI"ed with prOpriety, the discretion of 10
tribunal whatever ought to be as much relied
On, as proper legal definitions They have
stated the difficulties which presented them.
selves, and which they find Of such character
as 10 induce them To consider change uuat-
vIsdbie. The committee also state, that il
would lie with much reluctance, they would
reltnquIsh their confidence in courts martial
composed o! those officers whose cOndHct has
so justly meTted The confidence of their coun-
Try.
The committee are aware, that in examining
the conduct of the courts martial referred to
them, the path of their duty led over delicate
ground. They know that 40 law which they
could recommend would operate otherwise
than pIOspecli,ely; and also. that theS have no
power To reverse o. nnsettlc the decision bnf
these proceedings having been referred TO
them, as connected with the subject of the i'm. |
qniry thot inquiry having in fact grown ont Of
them, they have thought il right TO express
the opinion they have done. Indeed tie Dody
TO NhIch the CNnnniffpp hrInnna and ~, |