Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-05-24
fFron he y T. Trfozns
uitftary vs.. civil Tri bum ais

1ttttary vs.. Civil II rtDunats-
Judge Bond Of MARYLAND. widely known as
one Of the most determined radicals Of that
State. has charged The Grand Jury Of Baltimore
that whoever shsll hereafter arrest civilians 10
that State and try them By Courts Martial will
he liable to Indictment This doctrine recalls
memorable instance In British Jurisprudence Of
a collision between Court Martial and Court
legal whereof the outlines are as follows.
In the year l743 Lieut. Frye, OF the British
marines servirx on the Oxford man-of- war.
vas brought 10 = urt-martia at Port Royal,
in Jamaica, BY the csptain OF the ship, for nav
ing disobeyed bis orders in refusing TO assist an
other leutenani % carry an officer prisoner on
board the ship Lieut.. Frye had insisted upon
the captain giving Inc order 10 writing Tbeevi-
dence produced against him at the court martial
were the dispositions Of parcel OF illierate peo-
pie. reduced to writing several days before he
brought 10 trial, which persons we're 81
tirely unknown to him, be having never TO his
knowledge. or heard their names before;
and. upon bis Directing to this evidence, he was
broEbeat and overrued. On the charge beng
thus proved, be sentenced to fifteen years
imprison nent, and rendered forever incapable Of
serving His Majesty. he was brought home.
and his case, after being laid before the Privy
Council. appearing IN justi6able light. his late
Majesty was gracIously pleased TO remit the pun
ishment and to order him to be released
Some time alterward. he brought an action IN
the Court of Common Pleas against Sir Chaloner
Ogle, who bad sat as President az the court mar
tial. and obtained a verdict against him for
81 900 damages. it having been proved that he
bad been kept fourteen months in close conhne
n:ent before he was brought TO trial. The Judge.
moreover, informed him that he was at liberty to
bring bis action against any OF the members of
the said court martial be could meet with The
subsequent steps in this case are still more re-
markable
Upon application made by Lieut. Frye, Sir
John Willes, Lord Chief Justice of the Common
Pleas, issued his writ OF capiss against Rear
Admiral Mayne and Captain Reutone two OF
the members who had sat on the above court
martial) on the 18th day of May, l74e. while
Admiral Msyne presided. and Capt ReutOne sat
as member OF court martial. at Deptford. for
the trial OF Vice Admiral 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 resolutions, in which they ex-
pressed themselves with some degree OF acri
mony against the Lord Chief Justice; and the
Judge Advocate was TO deliver them to the
Board of Admiralty. in order TO their being laid
before the King. La these resolutions they de
manded satisfaction for the high insult on their
| President from all persons how high soever IN
office, who have set foot this arrest. or in any
| degree advised or promoted il. and remonstrst-
ing that, by the said arrest, 1.-The order. discip
| line and government of His Majesty 3 armies by
sea was dissolved, and the statute Is, Charles
| III. made null and void
! The Lords of the Admiralty were much dis
| pleased at the indignity offered the Court. and
accordingly laid the resolutions before His Maj
| esty. The Duke of Newcastle. by His Majesty Z
command, wrote to the Lords Commissioners OF
| the Admiralty, wherein he says: His Majesty
expressed great dispeasure at the insult offered
TO the court martial. by which the military disci
| pline of the navy is much affected, and the
/ King highly disapproyes OF the behavior OF Lieut.
Frye on the occasion. His Majesty has il under
| consideration what steps may be advisable to be
taken on this occasion.
| From the sequel it will appear that the Lords
| Commissioners of the Admiralty. well as the
| Secretary of State. were not aware OF the very
| great authority of the Lord Chief ustce oil
/ Common Pleas, who. so soon as he heard OF the
resolution of the Court Martial, caused each 10
| dividual memoer TO be taken into custody. and
was proceeding with legal measuree to assert and
maintain the authority OF his Office when a stop
| was put to the process by the following submis
sion (signed 10y the President and all the mem
bers OF the Court being transmitted to Lord
| Chief ustice Wiles:
AS nothing is more becoming a gentleman
than 10 acknow ledge himself to be in the wrong
| so soon as he is sensible he is So and TO make
satisfaction to any person he has injured we
| therefore. whose names are underwritten, being
thoroughly convinced that we were entirely mis-
taken in the opinion we had conceived of Lord
Chief ustice Willes, think ourselves obliged in
honor, as we'll as justice, TO make him satisiac-
ton far il is in power; and. the injury
we did him was OF public nature, we do, in this
public manner. declare that We are now satisfied
that the reflections cast upon him in our resOlu
| tons of the 10th and Dist of May last, were
unjust, unwarrantable, and without any founda-
tons whatsoever: and we do ask pardon OF His
| Lordship and of the Court of Common Pleas, for
the indignity offered both to him and the Court y
| This paper was dated the 10Th of November
| l746, was received in the Court on the 18th, and
was ordered to be registered in the Remem
brance Oihce-a memorial, as the Lord Chief
Justice then observed, Ito the present and fu
ture ages that whoever set themselves up in op-
position TO the laws. think themselves above
the law. will in the end find themselves msta
ken" The letter from the court martial. to
gether with Judge Willes' acceptaton. were In
serted in the Gazette of the 18Th of November,
l746.