Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-05-23
QD6lllo). SSStt.a:ttj&Ss3allan. State u / an,
From TIE New York Tribune NAV 1917
MilitaryrVs. Civil Tri sIri ma Ii.

NIilitary-Vs. Civil IgErisIuphaIs.
Judge Bond of Maryland-W Htly known
as one of the most determined Radicals of
hat State-has charged tile Grand Jury of
Baltimore that whoever shall hereafter ar
/ rest civilians in that state and try them by
Courts Martial Will be liable TO Indictment.
This doctrine recalls a memorable Instance
in British jurisprudence Of collision between
Court Martial aid court legal, whereof
the outlinesiare as follows: -Ify' u o.
In the year 1743 Lieut.. Frye Of the Brit
ish marines, serving on board the Oxford
man-oi-war was brought to a court,mar-
dial at Port Royal IN Jamacia. by the cap
Fain of the ship, for having disobyed his
orders in refusing to- assist another Lieu
tenant to carry an officer prisoner on board
the ship. Lieut.. Frye had Insisted upOntile
Captain giving the order in writing. The
evidence produced against him at the court
martial were the dispositions Of parcel of
illiterate people reduced TO writing several
days before he was brought to trial. which
persons were entirely unknown to him, lie
naving never. to his knowledge, seen or
heard their names before; and. upon his OBJ
iectng to this evidence, he was brow beaten
and overruled. On the charge being thus
proved, he was sentenced to fifteen years
imprisonment and rendered dforeverincapaL
BILE of serving His Majesty. Ilewas brought
home, and his case, after being laid before
tile Privy Council, appearing in justliiable
light, his late Majesty was graciously
nleased to remit the punishment and to or
der him to be released. 3l
some time at,crward he brought an ac-
tiOh in the Court of Common Pleas against
Sir Chaloner Ogle, who had sat as Presi-
dent at the C ,urt- martial. aud obtained
verdict against him for &l.000 damages, it
having been proved that he had been Kept
tourteenmohths in cOsecontinement before
he was bro odght to trial. The judge, more
over, informed him that he was at liberty.
to bring his action against any of the metfi2
6ers of the said cOurt-nartial he could
meet with. The subsequent steps in this
case are still more remarkable.
Upon application made by Lieut. Frye,
Sir John Wiles, Lord Chief Justice of the
Common Pleas. issued his writ of capias
against Rear-Admiral Mayne and Captain
hcutone (twO Ui the members VINO had sat
on the above maItial) on the 18th
day OF May, 17I6 While Admiral Mayne
presided, and Capt ReutOne sat as member
OF court-martial. at DeptfOrd, for the trial
of VigeAdmiral Lestock They were both
arrested at the breaking up OF the court in
consequence OF the above writ. The arrest
of the President highly offended all the
members of the court. They met twice on
the subject, resenting highly what they
deemed an insult and drew up certain reSO-
huIonS, III which they expressed themselves
with some degree of acrimony against the
Lord Chief Justice; and the Judge Advo-
cate was to deliver them to the Board of
Admiralty, in order to their being laid be-
fore the King. In these resolutions they
demanded satisfaction for the high insult
on their President, from all persons how
high sOever in Office, who have set Oh foot
this arrest pg inany degree advised or pro-
NOTED II" and demonstrating that, by the
said arrest, "tlIe order, discipline and gov
ernment of His Majesty's armies by sea was
dissolved, and the statute l3,i Charles Ill,
made null aud void.r .u. ... ..,-r-
The Lords of the Admiralty were much
displeased atthe indignity offered the Court,
and accordingly. laid the resolution before
His Majesty. The Duke of Newcastle, by
His Majesty's command, wrote to the Lords
Commissioners of the Admiralty, wherein
he says: His Majesty expressed great dis
pleasure at tile insult offered to the court
martial, BY which the military discipline of
the navy Is so much affected, aud the King
highly disapproves ofthe behavior of Lieut..
Frye on the occasion. His Majesty has it
under Consideration what steps may be ad-
visable to be taken on this OCCASION" i...
From the sequel, it will appear that the
Lords commissioners of the Admiralty, as
well as the Secretary OF State, were not
aware of tie very Great authority of tne
Lord Chief Justice Of Common pleas, who,
so soon as he heard of the resolution of the
court-martial, caused each individual mem
Der to be taken into custody, and was pro
ceeding with legal measures to assert and
maintain the authority of his office, when A
stop was put to the process by the following
submission (sigGed by the President and ali
the members Of the COURT being transmitted
to Lord Chief. Justice Willes: 'NN
GAS nothing is more becoming d gentle
man than to acknowledge himself 10 be III