Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1827-10-24

ng equal justice, forbids thst officers Of equal
rank should be selected to sit at Courts Mar
tial, and it is to guard against abuses, that
ia all cases. Courts Martial orc made up of
officers Of superior. equal. and inferior grado
to the accused. Aud the beneficial results Of
such an arrangement are palpable; and it must
be apparent to every one, that the subaltern
would bo much loss liable to be swayed by
his prcjudcos than the superior. for whilst the
superior might look doicn with indifference
upon the fate Of on inferior officer, the subal-
tern would look up with solicitudc to the event,
and would naturally conclude, that if ho should
ever be so unfortunate as 10 DO arraigned. the
same cold and arrogant Indifference would be
extended to him by the superior, which had
been too painfully experienced, and dSplored
by the arraigned prisoner:-Aad it has inva-
riably been the case, that officers when ar
raigned before Court Martial, have desired
that portion Of tho Court should bo made up
Of officers Of inferior grade, thus looking for
ward, for more equitable turn Of tho scales
Of justice.
From overy precedent, We have thus far been
enabled to discover. and from all tho usages
Of tho Militia Courts Martial, tho objection
raised by Lieutenant Moshcr's counsel j, not
good one 1T cannot be sustained, as wo shall!
presently proceed to show, by reference to tho
numerous cases which are afforded by the re-
ports of Courts Martial Before wo do this,
however. We will proceed to answer the ground
Of objection, urged by the counsel Of the ac-
cuscd, which wo understand is, that by suffer-
ing an Ensign to sit on tho Bench, Lieutenant
Mosher was in danger Of sustaining gross in-
Justice, as that officer might be prejudiccd and
swaycd. by a wish to hnvo the accused cash
tered, in order to make vacancy, to produce
his own promotion. This objection was very
smsy ono, and the counsel must have known,
that however liable tho Ensign might be, to
bo swayed and prcjudiced, on other occasions,
in this particular case, he must have boon FREQ
from any such feelings, for tho accused did not
belong TO the same company that he did, and
whether ho wero acquitted or condemned, the
result could not IN tho least affect the Ensign,
or open prospect for his promotion, Tor he be-
longed to another company.
We will now, us NC have not much moro
space to spare the subject for tho momont,
proceed to adduce numerous cases, in which
precedent is absolutely opposed to the objec-
tions Of Lieutenant Moshcr's counsel.
On the trial Of Captain Joseph Loring, of
the Massae husetts Militia, the Court was COM
posed oftwo Majors, 6vo Captains. and five
Licutcnan,s, (see Militia Reporter, page 81
thus placing on tho bench five officers Of infe-
rior rank and grade, and to whose sitting no
objections, were urged by the arraigncd.
On tho trial Of Captain Amos Binney, of the
Mussa chuse,ts Militia, the Court was composed
Of three Majors, five Captains, and four Lieu
tenants, thus placing on the bench four officers
Of inferior grade and rank to the accused, (see
Militia Reporter, page 159.
On thc trial Of Captain Thomas Howe, Of
the Sub Legion of Light Infantry, Legionury
Brigade Of Massachusetts,, the Court was com
posed of four Majors, five Captains. and two
officers of inferior rank and grade. .(See MI
itia Reporter, page 2ss)
On the trial Of Major General Hull, OF the
United States Army, the Court was composed
partly of his equals, and partly of inferior
officers, as will be scen by reference to the
report OF his trial; and to these members General
Hull took no exceptions, nor complained that
he was not tried by his peers.
e. in tho cause Of General Eaton, the Court
was composed OF his equals, supcriors and in
feriors, and thus far we have never learned
that any exceptions were taken to the men,
bcrs composing the tribunal constituted for the
trial Of that horoie, talented, and thrice in
jurcd officer.
Indeed, every prccedcnt, that can DO ad-
duced, is against tho objection urged by tho
counsel employed in tho case under immediate
consideration, and we are surprised that no
should have made it, if indeed he was not dis
posed to quibblc about straws, and to urge OBJ
jections, which lie well knew, could not in any
event be supported.
The counsel for tho accused, not content
with entering his protest against tec proceed
ings Of the Court Martial, and expressing his
doubts as to it's eligibility, has attempted to
awaken public sympathy in his behalf, and has
employed the press TO assist him in sustaining
his ridiculous and absurd propositions; and of-
ter having heard tho decision Of the Court
Martial, expresses his surprise, that its MEN,
bers should ever be enabled TO arrive at such