The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-29

ith&&oNtaN topfs
The supreme court OF the United States
In a recent case decided that naval
courts-martial have power 20 sentence
a person in the naval service TO contine-
mcnt ia the penltentiary. and that the
Federal civil courts have no power 10 In
terfers to prevent the carrying out OF
such a sentence.
The powers OF general naval court
martial, so far as concerns the trial OF
the officers and men enrolled IN the navy
for ofenses against the naval code is thus
established as supreme. The naval code.
otherwise known as the articles for the
government Of the navy of The United
States" do not occupy many pages OF the
Revised Statutes. but they are certainly
severe enough In the punishments which
are authorized 10 be inflicted for breach
of their provisions
There are no less than twenty-five spe-
ciic offenses for which a general court
martial Is authorized TO infiict the PEN
atty OF death. These ofTenses are mutiny.
disobedience OF orders, assaulting or at
tempting to assault a superior officer.
giving intelligence 10 or holding inter-
course with an enemy. receiving mess
age from an enemy. desertion in time OF
war. entieing others to desert in war
times, sleeping on watch, leaving sta
ton before regularly relieved, willfully
injuring a naval vessel or any part OF
her equipment. unlawfully destroying any
public property, striking the flag with
out proper authority or pusillanimously
crying for quarter. cowardlce. negligence
or disaffection In battle. deserving a sta
ton in a battle. and various other mis-
demeanors during battle. In addition 20
this spies and persons in the naval en-
ploy who commit murder can be SEN
fenced 10 death.
So far as other offenses are concerned,
the degree OF punishment. except in one
or two cases. is purely discretionary with
the court. and may range from a long
term in the penitentiary down to a nomi-
nal confinement or dlsrating. as the court
martial may adjudge. There Is a suffi-
GENTLY long list of offenses the punish
ment OF which is discretionary.
There Is one limitation on the power OF
a general eourt-martiai as far as regards
the infictIon OF the death penalty, or dis
missal from the service OF a commits
stoned or warrant officer. No such SEN
tenee can be carried into execution until
confirmed by the president. In the era
before the war there was no such limita-
ton. and 1t was within the power of the
commander OF a single war vessel to con-
vene a summary court-martial. which
could proceed 20 try and sentence to death
any accused. and that sentence could be
executed without communicating with
any higher authority.
A notable instance of an abuse OF this
power. which led TO its abolition. was in
the case OF the so-called mutiny on the
brig Somers. commanded by Lieut.. Me-
Kenzie. y young midshipman named
Spencer, a relative OF the then secretary
OF war. was on his first cruise. He was
a boy OF about Il and was full OF what
would be styled In this day "dime-novel"
ideas. lie was guilty OF the folly of talk
ing to some OF the enlisted men about the
prospect OF seiziag the vessel, turning her
into a pirate and emulatlng the deeds OF
the old buccaneers. knowledge OF this
was brought home TO the commanding
officer. lie forthwith convened sum
mary court-martIal. and Spencer and two
OF the men with whom he had eonyersed
were brought before II charged with in
citing to mutiny. They were found
guilty. sentenced TO death and were
hanged at the yard-arm. at sea. within
two days. Lieut.. Mckenzie was brought
10 court-martial for his action In the mat
ter. but was acquitted. The immediate
result was that congress forthwith passed
an act limiting the powers OF summary
courls-martial TO petty orenses and re-
quring the presidents signature to all
death warrants. and providing that gem
eral courts-marual could only be con-
vened by the president or BY the COM
maadct-in-chief Of a feet or squadron
when In foreign waters.