81 CHAP. XI. CRIMES COGNIZABLE BY COURTS-MARTIAL. Fleet. Crimes cognizable by Courts-Martial. — Civilians not subject to Naval Discipline unless found to be Spies. - Case of Daniel King, tried for endeavouring to corrupt a Sentinel to betray his Trust. - Offences specified in the Articles of War. Crimes committed on Shore by Persons in the Crimes committed within the Jurisdiction of the Suggestion for extending the Jurisdiction of the Act 22 Geo. 2. c. 33. — Jurisdiction of the Court of Admiralty. Acts of Parliament define the Powers of Courts-Martial. Persons not amenable to CourtsMartial for Crimes committed on board the Queen's Ships after being discharged from the Service. - Officers and Men taking Passage in Ships of War to join other Ships; or borne for Wages and Victuals; or for Disposal; or as lent to do Duty; or employed in Prize-Vessels. Opinion of the Law Officers of the Crown respecting Officers and Men employed in hired Vessels, &c. Subjects of a Foreign State voluntarily entering the Service amenable to Naval Discipline. - Prisoners of War should not be permitted to enter the Service. Pressed Men not subject to Naval Discipline until rated in some Ship.— Officers and others employed on the Lakes in North America.— Case where a second Court-Martial was held on an Offender before the Sentence of the first Court-Martial was carried into execution. Officers on Half-Pay, or who have quitted the Service, may be tried for Crimes committed by them when serving. Persons released from Arrest may be tried at a subsequent Period. - Peers of the Realm, G - Pri when in the Service, subject to Courts-Martial. vileges of Parliament do not exempt Persons from Trial by Court-Martial for Offences committed by them in a Naval or Military Capacity.— Marines, when employed in Ships, subject to Naval Courts-Martial; or may be sent to Head-Quarters for Trial.-Circumstances under which the Crimes of Murder and Manslaughter may be taken cognizance of at Courts-Martial. Case of Francis Ansell, of H. M. S. “ Trave," tried for a Murder committed by him on board that Ship when in the River St. Lawrence.-Case of Mr. R. Phillips, Midshipman, against whom a Coroner's Inquest returned a Verdict of Wilful Murder.-Case of Captain Whitby, of H. M. S. Leander, who fired into an American Coasting Vessel, and killed one of the Crew. THE consideration of the crimes cognizable by courts-martial and the extent of the jurisdiction of those courts demand our next attention. The laws for the government of the Royal Navy were framed only to ensure that degree of discipline and order which is necessary for the maintenance of its safety and efficiency. The members of the naval profession are equally amenable to the law of the land as citizens in a private capacity; but citizens in a private capacity can never be subject to naval discipline except for a breach of the 5th article of war, which provides, that "All spies and all persons whatsoever who shall come or be found in the nature of spies to bring or deliver any seducing letters or messages from any enemy or rebel, or endeavour to corrupt any captain, officer, mariner, or other in the fleet to betray his trust, being convicted of any such offence by the sentence of the court-martial, shall be punished with death, or such other punishment as the nature and degree of the offence shall deserve, and the court-martial shall impose." "The employment of spies is a kind of clandestine practice or deceit in war. These find means to insinuate themselves among the enemy, in order to discover the state of his affairs, to pry into his designs, and then give intelligence to their employer. Spies are generally condemned to capital punishment, and with great justice, since we have scarcely any other means of guarding against the mischief they may do us." * The article of war which we have quoted provides not only against spies, but all persons who shall bring or deliver seducing letters from the enemy or rebel, or endeavour to corrupt any captain, officer, or other in the fleet to betray his trust. In November, 1797, His Majesty's ship "Diana" captured "La Mouche," a French privateer, and amongst the people on board was one Daniel King, an Irishman, who had been taken by the privateer a few days before in the "John and Richard," an American ship from the Brazils. The "Diana" had a number of French prisoners on board at the time, and King was observed to be in very frequent conversation with these prisoners and some suspected men in the ship, expressing his great regard for the French, for whom he said he would lose his life, and inquiring at the same time * Vattel's Law of Nations, 375. how many Irishmen they could muster in the "Diana." The officers and several of the men suspected that King was tampering with the prisoners to induce them to rise and take possession of the ship: the small arms and cartouch boxes were carried aft near to the captain's cabin, and placed under the charge of a sentinel. On the evening of the 6th of November, King disguised himself and went to the sentry, and requested to have one of the pistols, and on being refused, offered any sum of money for one of them, at the same time saying, should any questions be asked, he would conceal it in the tier. The sentry, instead of complying with his request, secured the prisoner, and reported his conduct to Captain Faulkner, who, on arriving at Portsmouth, acquainted the commander-in-chief with the circumstances in order to have them investigated by courtmartial. On the case being referred to the Admiralty, their Lordships requested their counsel to peruse the Act 22 Geo. 2. cap. 33. and advise whether the prisoner might be tried by court-martial under the 5th of the Articles of War therein contained? Mr. Percival thereupon delivered the following opinion: "I am of opinion that the prisoner in endeavouring to prevail upon James Livedale to deliver up to him one of the pistols with the charge of which he, as sentinel, was entrusted, and offering him money for that purpose, does come within the 5th article above referred to, which provides for the the case of all persons whatsoever who shall endeavour to corrupt any captain, officer, or other in the fleet, to betray his trust, and therefore is liable to be tried by a court-martial." The following offences are specified in the Articles of War, and are those of which a court-martial may take cognizance: Neglecting to cause Divine service to be performed. Profane oaths. Cursings. Execrations. Drunkenness. Uncleanness. Scandalous actions. Holding illegal correspondence with an enemy or rebel. Not acquainting the superior officer with any letter or message from an enemy or rebel. Spies. Persons delivering seducing letters, &c., from an enemy or rebel. Relieving an enemy or rebel. Not sending to the court of admiralty all papers found on board prize ships. Taking effects out of any prize before condemnation. Stripping or ill-using persons taken on board a prize. Not preparing for fight and encouraging the men in time of action. |