New-York tribune., 1871-04-11
THE POWER OF NAVAL CoURTs-MARTIAL.

IiiE fONEk Of NAV AL OOIhlc-MahIIAL.
WASHINGTON, April 10.-The following is the
full text OF Secretary Robeson late order touching late
sentences Of naval cOurtnartia From it it appears
that naval ccmtmartial has power to punish en-
bezzlement by fine and imprisonment and as the bonds
of Paynasters in the navy only for $4,000 the rem
sdy within the power Of the United States is limited 10
that amount 10 matter how large sum may be stolen
NAVY DEPARTMENT, WASHINGTON, March 25 1s7l.
GENIRAL ORDER.-Ata Naval General Court Martial,
convened Oct 90 1870 at the NsvyYard Washington D.
C.. Passed Assistant PaymasteT Charles H. lockwood Of
The navy tried the charge Of Sc0ndol0us conduit
teidHg the destruction Of good morals" and "emoez-e
,aepL" found guilty Of both charges and sentenced
81 b dismissed from the navy; to be imprisoned for
1ye in such legal place OF confinement as the Sec
seary Of the Navy may designate and to be fined in the
fum Of 500" The sentence in this case. IN common
with others OF kindred character which have been tried
b the Court presents for the consideration OF the
and difficulty. II tried by a court OF the highest
naval authority who have faithfully endeavOred to dis
charge their duty without prejudice or favor, and II they
nave i TO reach right conclusion IN any particular,
u has been by OF conflicting legal provisions and
opinions, and In pursuit Of wise policy which accepted
the construction most adequate for the punishment OF
wrons and left 10 the revising authority all questions OF
festIcng uierences aud want Of power for enforce
After hesitation have arrived at the conclusion
" 80 much o. the sentence IN this case as imposes nne
ana Imprisonment is Illegal and cannot be enforced Ine
~ ~ July 1862 for the better government OF the
SSl whether giving 70 naval cOurts-naltal the power
u sdudee the punishment Of death IN certain epeclned
Sa,e- further provides in Article g. that In the paItcu
If cases who're the punishment might have been deah
Vie sentence may be imprisonment for life, OF Tor term
ana tl ia these cases, the sentences may be carried
lo execution the penitentares under the cOntr0l OF
tne CHt"l States, or the Of which may nave pen
aC"tu ny the Legislatures OF the states ms Is the
only pecial provision OF law applicable az this time
when specifically oOnfers upon naval courts martial the
J""ts ~ Imprisonment punishment, and gives the
VS. " ho t'H prisons az the command OF the oOVefh,
1nrhl 'V te carrying out OF the sentences OF naFaI
courts, 1hs provision T. by It's terms confined 10 certain
sl"cheu Ohehses OF the highest grades. The Ofenses
psft III us .ast lbongh OF very serious nature
est Of the Government are NOT among those for the
IuMshutht OF Bulch Congress has provided specially
~ TINS aItSe' D ever principle Of legal construction,
me sPtc4hc RESTRICTIONS OF the article referred 10
limit tho general powers given 10 naval tribunals
fOf the punishment Of other Oepses moi Included under
It, provisions, and the words "A
court martial shall adjudge" when after,Sard nsed I'm
act and referring 10 Ocnses OF lower er,de NOT
within ibe limits 0l Article Six %, must held 10 mean
come legal other than that which is in the
provisions or that aruee, limited those of mig
IIade. This conclusion seems 90 IGe iueyftaIe Tbe
Tun2 OF the Department since psSsage 81 fbe ct
has generally been ia accordance with it, and in case
al great importance, lts prOprety maintained ly
lredece. against adYefse opinion,
ing sieadfastEes But the same conclusion i naturally
reached general principles All the general powers
0f punishment gwen % naval courts-naTtiA are Of
cOuI.e limited by the power and means L talIV M tIe
command OF the Department Tor their enforcement
1ley must be held 10 refer only 70 such puIhmets AZ
sanctioned By the laws regulations and customs OF
the service ana they never extend 10 such the
department has 10 proper or legal means 81 executing
In this view the Imposition Of pccunIary hne "a pun
1shment, is within the general powers given t0
COurt the Department have AT tlcr command
eess other OF enforcing and collecting IT, Tho
sentence Of IN prise eut for term O yearn ~ naval
court martial a punishment for AZ Ohenre, str the
punishment Of which The Department har no .ncans Of
legal Imprisonment legally al its command j.. on tire
same ggincipc5 cear3 Eugatory The use ol the public