American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-12-06


army and navy, in the various grades of each,
will also merit your attention The failure to
provide any substitute, when corporal punish
ment was abolished in the navy, has occasioned
the convening of numerous courts-martial upon
the arrival OF vessels in port, and is believed
to have had an injurious effect upon the disci-
pline and efficiency of the service To moder-
ate punishment from one grade to another is
among the humane reforms of the age but to
abolish one of severity, which applied SO gener-
ally to offences on ship-board and provide no.
thing In its stead, is to suppose progress of
improvement in every individual among seamen
which is not assumed by the Legislature in re-
spect to any other class of men. 1t is hoped
! that Congress, in the ample opportunity af-
forded by the present, session, will thoroughly
investigate this important subject, and estab-
lish such modes of determining guilt, and such
gradations of punishment as are consistent with
humanity and the personal rights of indiyidu-
! ais, and at the same time shall ensure the most
energetic and efficient performance of duty and
the suppression of crime in our ships of war"
The following is from the Report Of the Secre-
ta,y Of Tie Nary:
"But the most material defect in our naval
code, is that occasioned by the failure to pro-
| vide any punishment by way of substitute,
when corporeal chastisement was abolished.
To supply, in some degree, this deficiency, !
presented and recommended, at the last session
OF Congress, substitute proposed by board
OF officers to whom the subject had been re-
ferred. In the present state Of the law, there
is no power to inact any punishment, except
confinement in irons, or without, unless by the
sentence of court-martial such court must
consist of not less than five nor more than thir-
teen commissioned officers, and be ordered by
| fha Drac of ~ @loI ITx.t r.
the Navy, or commander of feet or squadron
acting out Of the United States
cit is manifest, therefore, that there can be no
other punishment during cruise, whether long
or short, except in vessels within the immediate
reach of the commander Of the squadron, and
only then if there be ut least five commissioned
officers superior to all legal exception, who can
be detailed on the court 1t being known that
two vessels rarely cruise together, but that sin
gle ships are despatched on distant service, and
are often separated from the flag. ship and from
home for many months, it is apparent that the
delay of justice, the accused being meanwhile
in confinement, is serious grievance to him.
But when it is remembered that the ends of
punishment on shipboard are not merely for the
sake of example and reformation but to secure
q faithful and specific execution Of the contract
of enlistment with the Government at the very
time when duty is required, and to protect the
rights Of the dutiful the honest, the peaceful,
and orderly, any punishment, to be effectual
must be speedy and certain. Confinement is
ordinarily means of securing the accused
from escape, and Of preventing repetition
of positive wrong but to obstinate, indoent
or vicious men, some of whom will perhaps
be found in every ships company, notwith
standing any precautions of enlistment, it is mo-
a sufficient remedy to enforce the performance o
1..4sn ..u.11 =.
made by law for the specific fulflment of con
tracts or duties, except in few equitable case
J where the time Of performance is not material
, The only remedy for failure in all others is by
indemnifcation in money, to be awarded b,
courts Of justice held at periods regulated b,
the convenience Of the community. In military
affairs, at sea or on land, it is far otherwise
Time as well as alacrity in performance are Of
the very essence of the contract and upon them
may depend the safety Of the ship and her COM
pany from disaster at sea, as well as the honor
of her flag. Again, theft, unlawful violence,
and other wrongs, must be kept under whole
some restraints by the terror Of punishment, at
sea as well as on shore. But public ship
carrying no superfuous men, the service can
not without injury spare from daily duty those
who commit such offences during the time ne
cessary for their punishment by Imprisonment,
even if that were the appropriate punishment !;
to say nothing of weakening the ships company
by this process, and the imposition upon good
men of double duty, and the menial service Of
waiting on offenders while thus imprisoned
"The consequences of the change have been,
thus far, detrimental to the service, and, it is
apprehended will become more serious unless
speedily remedied. When vessels arrive in port
after cruise, it is found impossible to keep the
men on board until proper muster, exercise at
quarters, and inspection have taken place, which
are the means adopted to ascertain whether
officers have done their duty in keeping their
ships and crews in effective condition. And,
independently Of numerous cases of delinquen-
cies overlooked or disposed of by discharge,
honorable or dishonorable, there have been
nearly one hundred trials Of enlisted men by
rtsmartial since the passage of the law in
question. These details are exhibited, not to
contravene the policy of the Legislature, but to
demonstrate that the experiment of the abroga-
ton of whipping cannot be effectually tried
until Congress shall prescribe some substitute.
Whether this shall be by the adoption Of the
system recommended by the board of officers
above referred to, providing that courts-martial
may be ordered by each officer in command Of
ship, and summarily held to determine guilt,
and then graduating punishments as therein
stated, as well rs holding out rewards, or by
some other and more approved method, is re-
ferred to the determination Of Congress-
We would ask our readers to preserve these
extracts for reference as we contemplate offer
ing some remarks upon them which time and
space do not to-day permit.
! The PRESIDENTIAL CANvAss.--It is fairly
open, the PennsyIvanian remarks :" the Demo-
Gratis of many single districts, and several Of
the States, are preparing to give an early ex-
preston to their sentiments as to the men and
measures Of the party, and quite number Of