Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-04-29
NAVAL COURTS-MARTlAL,
Their Origin, Customs and Jurisdiction-
The Method of Procedure-A Few Ideus
RnHraWad f.au nd

Their Origin, Customs and Jurisdictiou-
The Method of Procedure-A Few Idens
Borrowed from France md England.
TEE naval court-marrial of to-day has its
origin away back in the days of chivalry,
although the many customs and formalities
that at present obtain do not go back quite so
far. Our methods are based largely upon those
OF the English navy, and it was not until the
Long Parliament in 16a3 passed an ordinance
in relation to martial law for the navy that
written records of the proceedings were re-
quired.
The military punishments in the time of
Charles II. were inflicted very sparingly, but so
quickly that public notice was not attracted.
About this time a code of laws was framed by
which crimes and other offenses were specified,
and were directed to be inquired into and pun
lshed by courts-martial held for that purpose.
Provision was also made for Judge Advocate,
who was empowered to administer oaths, ex-
anime witnesses, and so forth 1t was only
1ew years later that an amendment was added
10 the Dill assigning death and such other pun
lshment as courtmartial should adjudge. for
oesertion or mutiny, to the effect that no
sentence OF death should be passed, except
between the hours of 8 in the morning and
l in the afternoon. This, according to Ma
caulay. was because dinner was early, and hard
drinking being one of the qualifications of a
gentleman, it was not supposed that anv men,
In state in which he could safely be trusted
with the lives of his fellow creatures
First Law In America.
IT'S the first law for governing our navy
was passed by Congress. and it referred to
penalties for the losing of man-of-war through
negligence or misconduct. During the follow
ing year Board of Admiralty was established,
having, among other things, the power of or
dering courts-martial, and it was recommended
to the executive authorities of different States
to compel the attendance of witnesses before
courts-martia1. A Secretary of Marine was
authorized year or SO later. and he was vested
with authority to order courts-martial and was
ordered to transmit to Congress the proceed
ings of any court recommending capital sem
tence Captains of vessels were authorized to
appoint courts for all but commissioned off.
GERS, power that they still hold, but the pro-
ceedlngS OF these summary courts, as they are
called, are to be approved by the senior officer
present after revision by the captain, except
ing IN cases where men are sentenced to loss of
pay, which are always submitted to the Secre-
tary of the Navy.
The earlier law stated that general courts
bers nor less than five. and the Judge Advocate
was at that time the only one bound by oath
not 10 disclose the vote or opinion of any MEN,
ber oil the court unless obliged SO to do in due
course OF law; whereas now all of the members
are obliged to add that clause to their oaths,
ITO well and truly try the case now depend
ing" BY the same articles, courts were en-
powered to 1mDrison in cases of contempt of
court or refusal to give evidence.