New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-23


law.
Until the era Of discovery the English Navy
existed only in emergencies. When the wide
ocean became the scene Of national rivalry. war
was practically continuous, shipping improved
rapidly and the service became permanent THE
expansion of race" says the author. and the
growth Of navy alike due to the attempt
which ensued TO wrest from the hand Of the
foreigner the advantages Of mOropolized com
merce. and Of distant commercial regions upon
which he had laid his hand. and to gain for
Engshmen so much as still remained unoccupied
or unclaimed" But even in lizabeth's time the
navy not fully recognized as an object Of
national concern: for It still retained something
OF the character Of private speculation" 1t
was an age OF charters. charters to lands which
nobody had ever seen and charters to individuals
and companies Of rights and privileges which had
to be tested and maintained by the sword just
the II a royal signature had never inquired
In the affair. 1t takes the sharpest kind Of in
sight and not little imagination to distinguish
between the famous adventures of many a
chartered sea rover OF those days and the per-
formances for which Pompey crucifed his Chilean
prisoners. or those for which Captain Kidd was
hanged THE occupation OF the gentleman buc-
cancer was recognized as respectable. and The
Oganders ChampernOunes, KilligreWs. Careys,
and others. who had begun by preylng upon the
property of the Spanard and the Portuguese.
gained official position IN the Royal Navy. The
naval expenditure largely increased, and vast
sums were expended in fitting out plundering
expeditions in which persons OF all classes took
shares. The Queen was to have had third or the
plumber. for example. Of the disastrous venture
OF 1885 from which Drake and Hawkins never
returned" With this growth at sea there
began a corresponding official evolution on land.
/ The laws and customs OF the navy few ordi-
nances Of which date from the time OF Edward
ILL., were written out in the time Of Henry VI
and later: but it was not until the days Of the
Long Parliament when the Sea Power Ind risen
to national significance. that the need Of uniform
procedure became apparent. What England had
done hitherto characteristics. She mad
borrowed rather than depend her own I'M
aided wits The Black Book If the Admiralty.
lost in the eighteenth century and recovered
about twenty years ago. was found to contain
body Of laws based on code which originated
in the Island of Rhodes Accepted by the Romans
these Eastern laws had become universal in the
Mediterranean Possibly they never really
dropped out Of use but they received new sane
ton and perhaps new form in the thirteenth
century at the hands Of Alphonso - Castle
When Richard ! raised a feet for his expedition
to the Holy Land. important contingent was
furnished by the Island Of Oleron. and the COM
mander appointed by Richard as one OF the
justiciares Of his navy. As the Castilian code
prevailed among the mariners Of Otron. the
ira djton that Richard introduced Il into England
Is credible He was more French than English.
otherwise the Tcutorc affinitics Of the nation
might have led to the acceptance Of the Gus
tomary law which grew up in the Island Of Goth
land and adopted by the countries along the
Baltic and about the mouth OF the Rhine. But
the code Of Richard. II there was one. VAS not
savishly accepted In the time Of King John
all causes Of merchants and mariners relating =
incidents that happened were decided Boy
a Lord High Admiral under the guidance Of the
Kings orders in Council. the unwritten laws
and customs known to seafaring folk, prccedenia
and the principles Of justice as he understood
them Thus the germ already planted mott
only Of the Admiralty Of the prcsen, day. hu
also Of its bewildcr.ng procedure. From tn !
earliest times down 10 the close - The seven |
teenth century the punishment q offences va |
Draconian In It's severity. Tho only r'.i"t IRON I
the authority OF the shipmasiar at n" outset vs. |
that the vote # the crew had 10 Boz taken IN pot
on the question of putting u sea. II the U.- /
iority thought the weather unfavOrdhle the ca)- !
tain could not sail Later progress consisted |
reducing the disciplinary laws 10 system I1d
High Admirals Judges Were succeeded IS ,
permanent Courts Of Justice held under thdr /
authority and The power Il captains. cEcrr."i
under instructions Of commander .n-chicf. j.
came the very ideal f an unlimited dcspotisn. /
1t was Characteristic fat that the Long Par2- !
nent. speaking for the people at large. ashoreor
aGoat subjected this necessary tyranny to n
scrutiny Of courts-martial. II equally charic-
p he. N
affairs of the navy were conducted on business
PRINCIPLES and the men received their pay wien
il was due. That not tn" practice hetre
the time of Cromwell nor after The highest
praise which Commander Robinson can Civ" he
usage Of the present day IS that II resembles nht
Of the years when England was without khs.
In details that are innumerablc tn same
gradual progress is shown Even abuses and
REGULATIONS were remedioc but slowly fe
they were rernodied and men and ships WIRE
somehow gathered for every emergency. But
now the aspect of affairs is difficult t. describe
with certainty. The only comfort for q historian
Of the British Navy is that the sam" uncer-
taintv pervadeg all the navies Of tho world 80
great battle has yet been fought by British
ships and sailors since Trafalgar. Sine" he
date Of that victory. steaIA. iron. steel. discov
cries in chemistry inventions in guns procc-
tiles propulsion and arnor have changed the
outlook Not a single modern navy. with the
exception Of the mcagre ones owned 10y japan
and China has been tested by war While
England was cOnfcsscdly slower than other na-
lions 20 adopt new and untrcd forms and meth
DDS she had to yield. and the story Of her ION
tative efforts is written in tn appearance Of her
present navy. OF old satisfactory model
served for scores Of vessels identical in every
feature Now. Of battc-ships and cruisers.
hardly two are exactly alike. Each IS the result
ana the moving record oi series of expert
ments Each type Of ship in turn adds the
author "has been introduced as an experiment