The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-04-12
NAVAL COURTS MARTIAL.

Sentenoesof DefauIting Paymasters Set
Aside by Secretary Robson.
The following is the full text Of Secre-
tary Robeson's late order touching late sen-
tences of naval courtmartial. From 1t,
it appears that a naval court-martial has
no power to punish embezZlement by fine
and imprisonment and as the bonds OF paymas-
ters in the navy are only Tor $25,OOO,
the remedy within the power OF the United
States is limited to that amount, no matter
how large sum may be stolen:-
NAVY DEPARTMENT, WASHINGTON, March 25.-At
a Naval General Court Martial, convened Oct ~,
1s70 at the Navy Yard, Washington ID. C., Passed
Assistant Paymaster Charles IL. Lockwood OF the
navy was tried on the charge Of ''scandalous con-
duct tending TO the destruction OF good morals"
Charges and sentenced ITO be U dismissed Used from the
navy TO be imprisoned for five years In such Iegal
place Of confinement as the Secretary OF the navy @
may designate, and TO be lined In the sum
OF s2000." The sentence in this case, IN common
with others OF kindred character wnch nave Deen
tried by the some court presents lor tne consaera-
ton Of the revising authority some questions Oh very
Of the highest naval authority who have faithfully
endeavored 70 discharge their duty without preJu-
dice or favor and II they have failed TO reach Alright
conclusion in any particular It has been by reason
OF conflicting legal provisions ard opinions, and In
struction most adequate for the punishment OF
wrong and left TO the revising authority all ques-
tons OF restricting differences and want OF powerfor
After some hesitation, have arrived at the con-
clusion that much Of the sentence in this case
imposes nne and imprisonment Is illegal and cannot
be enforced The act OF July, 1862, 'for the better
eourismsTtiSi the power to adjadge the punishment
Of do ath in certain specified cases further provides,
IN o. g sns m nS See deai the sentence nav
be imprisonment for life, or for term; and
be Carried into execution @ in the i pentenares
under the control Of the United States,
showed by the Legislatures of the States. This is
the only special provision OF law applicable at this
wS tS Of HPSa
ard gives the use OF the civil prisons at the COM
mand Of the Government for the carrying out OF the
sentences OF naval courts. This provision Is by its
terms confined to certain specified orenses OF the
highest grades. The ofienses proved in this case,
though OF very serious natnre affecting the
character OF the service as well as the interests OF the
Governme mt, are not among those for the punish
ment OF which Congress has provided specially
in this article. BY every principle OF legal CON
structon the specific restrictions OF the article
feTred to limit the general powers given TO naval
tribunals for the punishment OF other ofenses not
included under It's PROVISIONS and the words,
judge when afterwards used in the act and refer
ring to onenses OF a lower grade, not within the
limits Of article six (G, must be held 70 mean some
legal punishment other than that which is in the
provisions Of that article, submitted 70 those OF
higher grade This conclusion seems to me newt
able. The ruling OF the department since the pas
sage OF the act has generally been in accordance
with IL, ana, In case great Importance,
my predecessor, against adverse opinion, with a
becoming steadfastness. But the same conclusion
Is naturally reached on general principles. All the
general powers OF punishment given to naval
and means legally at the command OF the depart
ment for their enforcement They must be held to
refer only TO such punishments as are sanctioned
by the laws regulations and customs OF the service
and they can never extend to such the depart,
ment has no proper or legal means OF executing.
In this view the impossibllty OF pecuniary fine, as
a punishment is not within the general powers
given to naval courts-martal by the act re-
ferred TO, since neither the court the
department have at their command process
other means OF enforcing and collecting It. The
sentence OF Imprisonment for term OF years by a
naval court martial az punishment for ofrense,
for the punishment OF which the department has no
means OF legal imprisonment legally at It's
mand, is, on the same principles, clearly nugatory.
The use Of the public prisons for carrying into exc
cution sentences of naval courts martial is given
only by article six t6) OF the act before referred TO-
and s by the specific restriction OF that article con-
fined, as have SAID 70 orenses OF the higher grade
therein referred to- This use IL not at the command
OF the department for the punishment OF the onenses
The only other means OF confinement at the COM
mand OF the department is in the confined prison
quarters on shlpboard or in some small cells which
are provided at the marine barracks In the various
for Short terms Of punishment for the enforcement
OF discipline, and for the temporary safe keeping OF
sarily OF narrow compass, and not constructed nor
intended for the purposes OF long Imprisonment,
tney are neither commoaonS nor secure ana have nave
healthlql, beneficial, or humane. While crim-
mas ,l Of the highest grade, convicted on de-
visions OF the criminal law, are guarded in
their Imprisonment by humane and wise laws, pro-
viding for and regulating their moral, mental, and
physical health, and looking to their improvement
and ultimate reform, do not feel that imprisonment
on the sentence OF court-martal, under the sum
mary processes of military law, for the oGenses
found In this case Is either authorized by law,
toned by custom, or justified by humanity. The
discipline Of the naval service must be strict the tr
bunals for It's enforcement must be summary and
their legal sentences should be carried into
ton without regard to technicalities which do not
anect the substantial rights OF persons, or
the precedents OF the service. But in cases
Of serious question -, for olrenses ,,, not
law, and where there is concurrent civil Jurisdiction
am unwilling TO exercise .he discretion imposed
upon me for the execution OF such sentence, the
legality OF which is doubtful when enforced by
military authority for offenses which may be pur-
sued and properly punished by the criminal courts
OF the country. The provisions OF the act OF 1863
which may he cited 10 sustain this sentence are
not, in my opinion, applicable under proper const-
tHtlonal construction, and the restrictions Of the
act Itself 10 these oenses at the times when the
were otherwise, the same objection OF want
OF power OF proper execution would apply
with equal force, since this act makes
no provision that subject. There are other rea-
sons OF a somewhat technical nature which might
seriously embaTrass the execution OF that part OF
this sentence which imposes nDe and Imprisonment,
but prefer 10 put my cislon on the broader
grounds OF legal authority and proper admnistra-
tion The finding In this case is therefore approved,
and so much OF the sentence or the court as SEN
tences the accused 10 dismissal from the service Is
approved aud confirmed and 30 much OF the SEN
tence as sentences 10 nne and imprisonment l5 dis
approved and set aside.
The cases Of PaymasteT James =. Giraud and
Paymaster William q. Marcy were tried by the
court for OfenRes Of similar character and the
sentence In each includes, besides dismissal from
the service, fine and imprisonment for term Of
years. In each Of these cases much OF the sen
teDce Of the court sentences ths accused therein
10 dismissal from the service II approved aud con
nrped; aud 30 much thereof as sentences them TO
set aside. AT the same court Paymaster
hchaId washington was tried upon the charge
OF seanaaio1s conduct tending 10 the