The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1819-10-05
Benz. f. Bourne, Judge AdU0cate,

convened on board the frigate Guerrier on
the--day Of, for the trial Oil,
marine, charged with having stabbed
man belonging 10 the Franklin
g The Court, pursuant TO order, contin-
ued its proceedings on board lhe Guerrier,
ustil the evidence was closed and sentence
passed, when it adjourned 10 meet on shore
at NAPLES, the neXl Gay, IL consequence OF
the indlsposIion of the Judge Advocate,
having revised and signed the rscord, they
adjourned, 4" without Day"
. The proceedings and sentence being
sent 10 the Commander in Chief for his ap
probation as the law requires, were by him
declared illegal and Of no effrct--sfrsf, be
cause the Court had been held on Sh0re,aIn
disobediencs Of his order requiring Il to Be
he'll on board the Guerrero and secondly,
thai it had been held where the United States
had no jurisdiction--consequertly having
NJ jurisdiction there over the offence chdrg-
I'd against rne prisoner, he was ordered 10
o. scha sd from arrest, and the proceed
ings against him 8nnulled.
:. The Comm 4Dder in Chief revived the
Court by signal 10 receive this commu aic.-
ZION, TO which ov way OF remark he sddrd,
thai " satisfied lh=se irregularities on the
part of he Court had proceeded from mad
,ertrnce, he should not further notice the IN
atthat time, but trusted lh5t III any fu uye
proceedings they would BE more observant
of the laws and regulations provided in suca
cases, that culprits deserving punishment
should not escape to the prejudice of The
or words 10 that rff'-ct
The Commodore considers the Court to
have then dissolved, although he made n,
order to that effect, az IS customary.
" The Court were ofoplnion that this com
municaiion OF the Commod0re should form
part OF their record, aud as he had not re-
tanned il 10 them they requested it OF hin
Tor hat purpose which was complied with /; 4
the Court were further cf opinion that tbt
language used by the Commodore in hi:
communc alton was a cersUre upon lheil
ocesdlnLs-- ID ualnstiGable interference
with the solemn Deliberations OF the CouTy.
who as a body, were perfectly lndependen,
of his control, aud vi hOu the pale ot his
reproof Not having been dissolved by the
C1mnoIore's order, the Court sill con
sldered itself in existence, and resolved 10
convene again 10 wndicae Il, homo" end
dignig against The impulatIon Of The Com
n4nd-r IN Chlet The Cour, did meet and
r.olu ION was unanimously pissed 10 that
effect, but the squadron being ordered II
sail, nothing further was done IN Il until l..
arrival at Gibraltar, when the Court was
convened by signal from the President, to
act u3on The resolution, which was ac-
corLlngIy dOne--W il WAS sent to the
Commodore
lie (the CommodoFe CONSIDERS this act
Of ,he me- nbeEs of the Court as declared il
language highly disrespeciful 70 hin as
th-ir superior ofFi-er--msu,ing 10 his renk
aab authority, and suby5rsive at his power
that the Court was no longer IA being, he
having, as he mad all undoubied right 10 d.,
annuiled is proceedings add discharged The
pfisJncr.-- hat signal made while he
was presently ordering the court 70 meet,
was contempt Of his power, and the
meeting of the officers for that object, az
usurpation OF authority 70 erect them,else,
into trlbihai contrary to law, and for no
other purpose than 10 bring Dim into ccQ
tempt and 70 yiOlAle the fu dlmental rutes
s.acted for the suborG.nation and discipline
u he service"
& The Members Of The Court disavow
such an intention, and oEer their tribute o.
respect 10 tbs person and character Of he
Comm 4nder in Chief but sustain lh= 0
pinion oftheir co~horate rights and the reso
luton founded thereon. The Commands
Ia Chisf declares ,he meeting 10 have been
unlawful, The langIage disreSPectful aud
usul.ng, suspend, he officers from com
niad, AID p.eiers MS charge, &c.
The rev Mr.. Eastman, rev. Mr. Pope.
AID rev NJ. Cook, have been tried n The
Circuit Court Of Upper Canada, and found
gullt y-.he fIrmer, in marrying man 70
the wifg: of another, knowing her TO Be
welded WOMAN and the Two latter, for per
fornia,; the ceremony OF marriage, without
b. inn autnoriz ID 50 to do, by law. These
are felonious c,isles by Statute OF Ens land;
but as :he criminals we're III presumeG 10
nave been governed by w,nton or wicked
di5p1si'iJns, they were ya.,ously sentenced,
the later 10 be bAnished toT eight years bu
afterwards pardoned by the Governor. These
sentences of Punishment, 10 the U. ,. we
presume) have become very frequent bu.
will not be thought, we trust, mercIless
punishment.