The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-11-17
J. c. SPENCER,
Secretary Of Var.
A. P. UPSHUR,
Secretary # the Nary.
November Is, lS42.
Communication.
FOR THE MADIsoNIAN
THE PRESENT COURTS MARTIAL-EFFECT
UPON THE NAVY

THE PRESENT COURTS MARTIAL-EFFECT
UPON THE NAVY.
The neglect alluded to in our previous remarks tc
bring officers to accountability for their Offences
those offences arose. naturally begot feeling of i'm
punity upon the part of offenders encouraged those
disposed to wrong, to follow the bad example sci
them, without fear of the consequences, and produced
with all Others despair Of being indicated by legt
mate means, and consequently generated feeling OF
dissatisfaction, complaint and resistance. The or
ganzation Of these late courts, and the sudden
ragnment of those who had good to feel them
selves above all law and responsibility, have changed
the feelings and given new influences to the Navy
Not an officer in now but who feels that he is liza
bic in degree to responsibility, and the extent to
which he may be held so, being from recent crcum.
stances starngly uncertain this uncertainty presents
to the tmid consciences Of those incapable ndis-
posed to do right the most exaggerated personal
sequences, to which their evil deeds might lead -
True, this state of things is greatly dependent upon
the individual views and action Of the presiding officer
Of the Navy Department; and succeeding Secreta-
ries may be less careful to exert their authority in
furtherance of rigid justice but the doubt hanging
over this, and the possibility that others of similar
purposes may fill the station, to the present
healthful influences duration until repeated nstan-
ces of laws defed, and punishment avoided. again
begets cofdcnt and daring mpunity
While the proceedings of these courts martial were
being daily spread be ore the public with all their hui
initiating details, by the public press, it was to the
Navy subject of great modification; and many Off
GERS have expressed the opinion that such public
session of the courts, and such public exposition
was in the highest degree nexpedient From these
gentlemen we venture most decidedly, 10 differ and
think that to give the full influence to courts, they
should always be- with all their proceedings, publicly
exposed. When held at navy yard, or on board q
vessel of war, under ordinary circumstances, al
though the public has the right of presence, these
courts are in fact secret the testimony and frequent
! " the proceedings are never promulgated; and the
influence of public opinion is alike removed from the
court, prosecutor and accused and only an un-
worthy cause upon the part Of need desire such
concealment 1t is perfectly yral that any body
of men proud of its corporate character should fee
reluctant give any notorey to the acts of unworthy
members, and thereby risk bringing reproach upon
the whole organization at the same time, such q
body may be willing to mark its disapprobation
and to rid itself, Of dscreditable members hence
the desire among many to have the judicial invest-
cations as private possible. But if all such pro-
ceedings habtually in the eye of the public, il
would not only act additional check upon error
but give another motive early to detect and promptly
to expel those guilty of it. The loss of reputation
which would attend trivial or malicious prosecution
would produce greater in bringing charges and
W Illnesses would be more cautous of using that loose
conversation which the condensation of oath may
afterwards reduce to point too minute to base
charge upon blameable facility for obtain
ing investigation of complaints, with their public
examination, would, we think materially diminish
the necessity, burden and odium Of courts martial
TACK.