The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1890-06-12
ABOUT COURTS-MARTIAL.
The Methods Of Procedure In the
Navy and Army.
An Insiitut'on which Had Its Origin Away
Hack IN the DsyA Of Chiva,ry--IIow an
independent and Unblased vep-
dAct h Secured.

,tsct IA Secured.
The naval ccurt-martial Of to-day has
Its origin away bsck In the days Of chiv-
airy, although the many customs and
formalities that at present obtain do not
60 back quito 80 far. Our methods. says
the New York Times, arc based largely
upon those Of the English navy, and IT
was not until the Long Parliament In
1913 passed an ordinance in relation to
martial law for the navy that written
records Of the proceedings wero re-
quired
The military punishnents in the timo
Of Charles III. were inflicted very spar
ingly, but 80 quickly that public notice
was not attracted. About this time a
code Of laws was framed by which crimes
and offenses were specified, and wero
directed TO be inquired into and punished
by courts-martisl held for the purpose.
Provision was also made for Judge Ad-
vocate, who was empowered to admins.
ter osths, examine witnesses, and so
forth. II was only a few years later
that an amendment was added to bill
assigning death or such other punish
ment as court-martial should adjudge,
for desertion or mutiny, to the effect
that no sentence OF death should bc
passed except between the hours Of six
In the morning and one in the after
noon. This, according to Macaulay, was
because dinner was early, and hard
drinking being ono Of the qualifications
of a gentleman, 1t was not supposed that
any momber Of court-martial, after
dining, would be In state In which he
could safely DO trusted with the lives Of
his fellow-creatures.
In TITS tho first law for governing our
navy was passed by Congress, and it re-
ferred to penalties for the losing of
man-of-war through negligence or mis-
conduct During tho following year
Board OF Admiralty was established,
having, among other things, the power
OF ordering courts-martial. and It was
recommended to tho executive authori-
ties Of different States TO compel tho at
tendanoo Of witnesses before courts
martial. A Secretary OF Marine was
authorized year or so later, and no was
vested with authority to order courts
martial and was ordered TO transmit to
Congress the proceedings Of any court no.
commanding q capital sentence. Cap
tains OF vessels wero authorized to ap-
point courts for all but commissioned
officers, q power that thcy still hold,
but the proceedings of these summary
courts, as tbey are called, arc to DO ap.
proved by the senior officer present
after revision by the captain, excepting
in cases where men are sentenced to loss
Of pay, which arc always submitted to
the Secretary OF the Navy.
Tho earlier law stated that general
courts were to be composed Of not moro
than thirteen members nor less than
five, and tho Judge Advocate was at that
time the only one bound by oath not to
disclose the vote or opinion Of any men,
Der OF the court unless obliged 80 to do
in due course Of law; whereas now all OF
the members are obliged to add that
clause to their oashs, TO we'll and truly
try the case now depending" BY the
same articles, courts were empowered to
imprison in cases Of contempt of court
or refusal to give evidence.
The conception of courts-martial az
courts of honor as well rs courts o4
Justice is acknowledged by the great
Limitation given by tho expression "os
such other punishment as court
martial may direct" which is found 80
frequently as an alternative for penal.
tics prescribed for certain offenses.
Sentences extending 10 loss OF life re-
quire tho concurrence Of two-thiyds of
the members present, whereas loss
severe sentences require only majority
of tho votes. Sentences of death, as
we'll as those OF dismissal OF oor,.
missionod or warrant ofilcor, must bo
approved by the President.
When all Of the evidence for tl,e
prosecution and the defense has been
submitted, and the accused has mado
any statement he may care to mako, tho
court is cleared for deliberation, and
then the members arc ready, tho voting
is taken on the specification of tho first
charge, o@ch member writing bis
opinion as to whether or not the
specification Is proved, proved In part
or not proved. The votes are recorded
by the Judge Advocate, who announces
the result, and the voting on tho chGrge
is then proceeded with as to whether
tho accused is guilty, not guilty, or
guilty in less degree than charged,
and 80 on through all the charges and
specifications.
Should guilt or partial guilt be
proved, then each member writes down
what he considers an adequate punish
ment, and when each ono has submitted
his opinion, they are all carefully read
over, and tho voting il 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 be declared III favor OF
that sentence, it stands as tho punish
ment awarded; il not, tho next mildest
is taken up and tho same proceeding
gone through with until sentence ap-