The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-06-02

Military and naval courts are also subject to
the control and Jurisdiction of the Supreme
courts of Kings Bench and Common Pleas,
and the members are liable to punishment for
any wanton abuse of power, or illegal proceed
ings. We have, among the many Instances of
the judgments of courts. martial which have
been brought under the revision of the civil
courts q remarkable instance in the case of
Lieut.. Frye of the marines.
In the year 1743, Lieut.. Frye, serving on
board the Oxford, man.of-war, was tried at
Port Royal, Jamaica, for disobedience to his
captains orders, namely, in refusing to assist
another lieutenant in conducting an officer as o
prisoner on board the ship. Lieut.. Frye per-
sisted to have written order for this duty
from the captain, which he peremptorily re-
fused. On his being brought to trial for this
offence, the evidence produced against him at
the court martial consisted of the dispositions
of parcel of illiterate people, reduced into
writing several days before he was brought to
trial, which persons were entirely unknown to
him, he to his knowledge never having seen or
heard of them before; and upon his ooJectlng
to the evidence he was brow-beaten and over
ruled. On the charge being thus proved, he
was sentenced to fifteen years imprisonment,
and rendered forever incapable OF serving his
Majesty. He was brought home, and his case,
after being laid before the Privy Council, APP
peared in so justiiable light that his late
IudJcSLy was pltdScu W IclulL tuC
and to order him to be released.
Some time after he brought an action in the
Court of Common Pleas against Sir Chaloner
Ogle, who had sat as president OF the court
martial, and had verdict in his favor OF one
thousand pounds damages, it having been
proved that he had been kept fourteen months
in close confinement before he was brought to
trial. The judge, moreover. informed him
that he was at liberty to bring his action
against any of the members of the said
court-martial he could meet with.
On his application afterwards, May 1876,
the Lord Chief Justice Willis issued his writ
of capias against Rear-Admiral Mayne and
Captain Rentone, two OF the members who had
sat at his courtmartial, and they were accord
ingly arrested just as they broke up from
court-martial assembled at DeptfOrd, for the
trial of Vice-Admiral Lestock. This was
deemed great insult, and highly resented by
all the members composing the said court
martial at Deptford. who drew up strong resO.
lutions on the occasion, which they transmit
ted with circumstances to the Lord Commits
sioners of the Admiralty.
The Admiralty. through the medium of the
Secretary of State, laid those resolutions and
circumstances before his Majesty. The Lord
Chief Justice, however, being apprised of the
steps which the members of the court had
taken, Immediately, and without waiting the
result exercised the authority of his high
Office, and caused each individual member to
be taken into custody, and was proceeding in
legal measures to assert and maintain the au-
thority of his judicial power, when a stop was
put to the process by proper concessions, ex-
pressed in q submissive letter, signed by the
president and all the other members of the
court, and transmitted to the Lord Chief JUS
tice, which letter was ordered to be registered
in the remembrance office; memorial, as the
Lord Chief Justice then observed, Ito the
present and future ages, that whoever set
themselves above the law, will in the end find
themselves mistaken.