New-York tribune., 1871-04-11


nsons for carrying Into execution enences OF naval
is given puy by Article Six (6, OF the act
tS69 8Grs SSnhe as have said 70 oenses Of the
higher grade therein referred to- This me is not at tho
command Of the Department for the punish ment Of the
gSe only other means u confinement at the command
sbipbcard in some small cells which are provided at
The Marine Barracks in the various NayyYards These
ment for the enforcement of discipline aud for the tenn
porary safe keeping Of prisoners held for trial for
structed intended Tor the purposes Of long prsOn
men they are neither eommOdious secure and have
beneficial. or humane While criminals of the highest
grade convicted deliberate trial by jury. under the
their imprisonment 10y humane and laws providing
Tor ana regulating their moral, mental, and physical
heath and looking 70 their Improvement and ultimate
reform, DO not feel that imprisonment for long terms
court martial under the summary processes of military
law Tor the ohenses found In this case Is either author
lied by law sanctioned by custom, or justified by hu-
nanity The discipline Of the naval service must be
strict the tribunals for It's enforcement must be sum
mary and their legal sentences should be carried INTO
execution without regard 10 techn ates which do not
AFFECT the substantial rights of persons or the precedents
for c9ses not asnlt dsppe S or mere military
Jaw, aud where there IS concurrent civil jurisdiction
am unwilling TO exercise the discretion imposed upon
me for the execution OF such sentence, the legality of
Which is doubtful when enforced by military authority
for oenses which may be pursued and properly pun
ished by the criminal courts OF the country The pro-
visions of the act OF 1885, which may I've cited 70 sustain
this sentence are not in my opinion, applicable under
proper constitutional construction. and the restrictions
OF the act itself these ones at the times when they
found TO have been committed. II this were other
wse the objection Of want OF of proper exc
cuOn would applywith equal force since ts act makes
provisions OF that subject There other reasons
OF somewhat technical nature which might seriously
embaIrasS the execution OF that part OF TINS sentence
which imposes fine and imprisonment, but prefer 70
put decision the broader grounds OF legal authoi
ity and proper administration. The finding in tls case
IS therefore, approved and much Of the sentence OF
the Court sentences the accused TO dismissal rom the
service Is approved and confirmed; and 50 muc -oI ue
sentence sentences TO fine and imprisonment ls s-
proved and set aside.
The cases OF Payrnaster James s. Grand and Paymas-
ter william G.. Marcy tried by the same court II
Oenses OF similar character and the sentence IN each
includes, beside dismissal from the service nHt anu
imprisonment for term OF years, IN tach Ol tnoso
cases much of the sentence OF the court as hctes
the accused therein TO dismissal from the service u a
proved and oonrued and 50 much Thereon % sentences
them 20 iiue aud imprisonment ls UsplTONel anu SET
aside At the court Pavmaster Richard Nashihs,
ton tired upon the charge OF "HcGHd0ioU5 eOhdHe,
gr4l discDliHe and "EDbtz-efqeDt, ana upon an al-
dtonal charge" preferred after the commencement OF
his trial of "Negleci Of GU" The facts developed hY
the trial Of this officer present case materially dHcIt
from what the Department had been led 10 suppose when
the drst charges framed; and the court have found
that the main allegation against him. that ho had CON
veTted the public money nrustcd 10 HIM TO MS own use
is not sustained by the proof The evidence ana uhASs
in the show the accused TO have been gf OF ~ =
lect only, under eXtcnuatng circumstance Inc
sentence of ne and Imprisonment is, therefore, ana on
account Of the Recommendation Of CemeLcy by lhe
court aside, and the sentence OF dismissal HgIcu
10 suspension from rank duty, aud pay Tor A months,
to take effect from tiis date IaYma-tef5 MuAiu "
Marcy and James 5. GTaud. and Passed Assistant Kay
master Charles II. Lockwood will, IN conformity win
the sentence Of dismissal from this date cease to oe ON
GERS OF the Navy. GEO. NJ koBEsoN, -.
Approved L. :. GRANT. Secretary oI TIE navy