The times. [volume] (Richmond, Va.) 1890-1903, 1890-05-04
ORIGIN OF CoURTs-MARTIAL.
Early English Customs-The Methods Of
Procedure in I his Country.

~ hiN
The naval court-martial Of to-day has its
origin away back~n the days of chi'alry,
although the many customs and formalities
that nj present obtain do not 20 back quite
SO far. our methods are based largely upon
those of the English Navy. and il was not
until the Long Parliament in 1913 passed
an ordinance in relation to martial law for
the navy that written records Of the pro
ceadngs were required.
The military pun-hments in the time Of
Charles II. were inflicted very sparngly,
but 30 quickly that public notice was not
attracted. Aboutthis. time IA code Of laws
was framed by which crimes and Onenses
were specified and were directed 20 be IL
quired into and punished by courts-martial
held for the purpose. Provision was also
made for a Judge Advocate, who was en-
powered TO administer Oaths examine Wit
nes-e.. and so forth. ! was only few
wears later that an amendment was added
II "a bill assigning death or such other
punishment as a court-martial should adj
nudge. tor dcstrii0u or mutiny. 10 the effect
that no sentence of death should be passed,
except between the hours of q in the morn
ing and in the afternoon. This. according
% Macaulay. was because dinner was early,
and hard drinking being one Of the quallii-
iNll'lN VI u -iiilNilills 81 ~ tt' iifA ''l ~
that any member Of a cOurt-marlial, after
dining. would be- in a state i'm which he
could safely Dee trusted with the live, OF his
icilOw-crcaiurcs.
Ina l11> the first law for governing our
navy was passed by Congress-. and 10 re-
ferred To- penalties for the losing Of man-
ol-war through negligence or misconduct.
during the following year "A board of adj
miralty was stay lishcd, having, among
thing-- the power n ordering courls-nir-
tIIl, and 10 was recommended e. the cNceu-
tive authorities Of different states TO
compel the attendance Of Wit
ncs~es before cOurts-martial. \ Sec
Rotary Of marine was authorized "a
year or so later, and he was vested
with authority 10 order courts-marii3l
and was ordered 10 transmit tO Congress
the proceedings Of any court recommending
capital sentence. Captains of vessels
were authorized 90 appoint courts for all
| but commissioned officers. power mat
/ they -fill hold, but the proceedings Of these
SUMMARY courts. a- they age called, arc Z"
br approved hy the senior officer present
after revision hy the Captain. excepting in
cases where mon are sentenced To loss OF
pay. which are always submitted o.
the secretary OF the Navy
The earlier law stated that general courts
Z
teen members nor loss than five. and fine
! Idgc Advocate was no that time the only
one bound by oath not ~ disclose the vote or
opinion % auy member Oi the court. unless
OBLIGED 20 90 do In due course Of law.
vhrrra- unw all Of tue members arc Obliged
tO add that clause 10 their 0ath-. "to well
and truly try tle case now depending. ~
the Same articles. courts were empowered
to impri-ou IN cases " contempt of court or
refusal I'D give evidence.
THE conception of cOult--martiai As courts
OF honor a- well a. courts Of Justice is ac-
ku0wcdecl hy the great limitation given Boy
the expression cor such other punishment
a- % c0url-martial may direct" which is
found so frequently as an alternative for
penalties prescribed for certain Oiien-e-.
sentence, extending % loss OF life require
tho concurrence OF two-thrd- OF the menu
bcr, present. whereas less severe sentences
require only "a majority of the votes. SEN
t.nce, of death. aS well a- those Of dismiss
sal 0f "a commits. i0ucd or warrant officer
must DE approved by the President.
When all OF the evidence for the pr05ecu-
ton and tine defense mas been submitted.
and the accused has made any statement
Dee may carc to make, the court is cleared for
dciiherafion, and then the members are
ready. the Notin-is taken ou the specification
of the FIRST CHARGE. each member writing his
opinion as 90 whether or not the spcci-
ncaton is proved, proved in part, or
NOT proved The votes are recorded by the
Judge Advocate, who announces the result.
and the voting ON tine charge is then pro-
cecded with as To whether tine accused Is
guilty mot guilty. or guilty in less degree
tuau charged, and 50 on through all the
Charge and specifications.
Should guilt or partial guilt be proved,
then each member writes down what bee
considers an adequate punishment. and
when each one has submitted his opinion
they are an carefully read over aud the
voting is taken ON the mildest penalty first.
The opinion of the junior is first taken, then
the next in rank and so ON through the list.
and il majority De declared in favor of
that sentence 10 stands as the punishment
awarded: 10 not. the next mildc,t i taken
uu and the same proceeding gone through
Nith until a sentence approved by the mat
iDiiig i,a-reed upon. This custom OF haN-
ine ,he junior vote before the others origi-
mated iu France. and the reason tor il was
that ihc junior in rank WAS presumably the
Youngest member OF The court. and in order
tnai his vote should De independent and un-
Influenced by tle nlaiErer opinions OF his
scn.1rs.he was Obliged TO he the first TO vote.
New York Time.