PREFACE. It is with no ordinary feeling of diffidence that the Author submits to the members of the profession, for whose assistance in the discharge of a most responsible duty it has been undertaken, the following Treatise on the Law and Practice of Naval Courts-Martial. On foreign stations, where it is impossible to obtain the opinion of the superior authorities on questions that may arise in the course of a trial, a work of reference, adapted to the present time, is universally acknowledged to be wanting. If the Author has succeeded in explaining the form of proceedings required to be observed at courtsmartial, and in directing the attention of the officers composing those courts to the rules of evidence usually followed in criminal jurisprudence, the objects he had in view will be accomplished; and he is not without hope that his endeavours may, in some degree, prove beneficial to the service in general. The Author avails himself of this occasion respectfully to render his humble acknowledgments to the Lords Commissioners of the Admiralty for the assistance they have accorded to him at all times during the compilation of this work. He likewise desires to record his grateful thanks to Captain W. A. B. Hamilton, their lordships' secretary, who, amidst the laborious and multifarious duties attached to his important station, has always patiently and courteously aided, with his professional and official knowledge, in the elucidation of many of the intricate subjects noticed in this Treatise. Chatham, 1850. CONTENTS. Government of the Navy in former times. Instructions issued by H. R. H. the Duke of York to Sir John Mennds Page Chief has not, by virtue of his Office only, Authority to call and assemble Courts-Martial. Under what Circumstances Commander-in-Chief may preside at a Court-Martial in Foreign Parts. Senior Officers of Five or more Ships detached to be empowered to hold Courts-Martial. Case of Commodore Johnstone and Captain Sutton. When it may be improper for the Second Officer in Command to preside at a Court- Martial. Commanders-in-Chief at the Home Ports may be ordered to preside at Courts-Martial. Ob- jections made to particular Officers as Members. When Members are called upon to give Evidence. When Officers under the rank of Post Captain may constitute a Portion of the Court. Officers receiving official Notification of Promotion. Officers promoted acting as Captains of rated Ships.- When two or more Captains are borne on the Books of one Ship.-Officers their Flags flying at the Port where the Court-Martial is assembled. · Captains must be present with their by Captains of the Fleet and Commodores of the First Class when attending as Members. Cases where the Attendance of Members may be excused. Officiating Judge-Advocate to be appointed. Court not to be adjourned over One Day. When Circumstances pre- vent the Court from pronouncing Sentence. Case of Captain Harris, of H. M. S. "Hussar." Mode of pro- FORMS OF PROCEEDING IN NAVAL COURTS-MARTIAL. Period within which Complaints must be made in Writing. -Prisoner to be furnished with a Copy of the Charges. |