proachable as Colonel Stewart's; and the Court do unanimously declare that the conduct of Captain Jekyll, in endeavouring to falsely calumniate the character of his commanding officer, is most highly injurious to the good of the service." Sir James Mansfield said: "In order to enable the Court to decide upon the charges submitted by the King, they must hear all the evidence, as well on the part of the prosecution as of the defence, and after hearing both sides are to declare their opinion whether there be any grounds for the charges. If it appear that the charges are absolutely without foundation, is the president of the Court to remain perfectly silent on the conduct of the prosecutor? Or can it be any offence for him to state that the charge is groundless and malicious? It seems to me, that the words complained of in this case form part of the judgment of acquittal, and consequently no action can be maintained upon it."* The causes for which the sentence of a courtmartial may be brought under review of a superior judicature are the same which, in the civil courts of England, authorise either the granting of a new trial, or an arrest of judgment; that is to say, if the sentence or verdict shall have been manifestly without, or contrary to, evidence; or if it shall have been contrary to, or unauthorised by law; if the penal award be beyond measure exorbitant or severe; if the jury or judges have been corrupted, &c. But in all such cases, as the presump* M'Arthur, vol. ii. p. 206. tion is strongly in favour of the judgment, the superior court will not entertain the appeal, or authorise any review of the proceedings unless on the most pregnant or positive grounds for supposing that the merits have not been fairly discussed, and that the decision is not agreeable to the justice and truth of the case.* 3 Black. Comm. 386. edit. 1800. CHAP. XVIII. EXECUTION OF THE SENTENCE. Execution of the Sentence. - Commander-in-Chief may peruse the Minutes. Not authorized to pardon Offenders sentenced to Punishment by Court Martial: nor to remit Sentences: but may suspend the Execution thereof for a time. — Sentence of Death passed in the Narrow Seas. — In Squadrons detached from the Commander-in-Chief. — In cases of Mutiny. — Pardon granted by Her Majesty on certain Conditions. THE usual mode of executing the sentence of death is by hanging the party so sentenced by the neck at the yard-arm of such of Her Majesty's ships as the Lords Commissioners of the Admiralty, or the commander-in-chief of the fleet, shall direct. No particular time or ship is specified in the sentence, in case an emergency of the public service should render it inconvenient to carry out the same on the day or at the place specified. The safety of those who are to direct the execution of the sentence of death, as well as the anxious attention which the country will demand from the officer having authority over the life of a fellowsubject, demands that in all cases the commanderin-chief should carefully peruse the minutes of the court-martial, and satisfy himself that there are no legal objections to the validity of its judgment, or grounds on which he should respite the execution of the sentence until the receipt of instructions from the Lords Commissioners of the Admiralty. In 1845, Her Majesty's Attorney-General, and Solicitor-General, and Counsel for the affairs of the Admiralty, were desired to state their opinion as to what extent, and in what cases, naval commandersin-chief abroad have the power of remitting sentences and pardoning persons sentenced to punishment by courts-martial. Opinion. "We are of opinion that naval commanders-inchief on foreign stations have no power to pardon persons sentenced to the punishment of death by court-martial. But as the execution of the sentence is entrusted to them without any limitation as to the time within which it is to be done, they may, when they think proper, report them to the Lords Commissioners of the Admiralty, and suspend the execution thereof until the pleasure of Her Majesty on the subject be made known to them. "We are also of opinion, that in all other cases the naval commanders-in-chief on foreign stations, have no power to remit sentences, either in the whole or in part, and that all remissions made must be done on their own responsibility, subject to the approbation of Her Majesty." In the 19th section of the Act 22 Geo. 2. cap. 33., it is enacted, that no sentence of death given by any court-martial within the narrow seas (except in cases of mutiny) shall be put in execution till after the report of the proceedings of the Court shall have been made to the Lords Commissioners of the Admiralty, and their directions shall have been given thereon. If the court-martial shall have been held beyond the narrow seas, the sentence of death shall not be carried into execution but by order of the commander of the fleet or squadron wherein sentence was passed; and in cases when sentence of death shall be passed in any squadron, detached from any other fleet or squadron upon a separate service, then such sentence of death (except in cases of mutiny) shall not be put in execution but by order of the commander of the fleet or squadron from which such detachment shall have been made, or of the Lords Commissioners of the Admiralty; and in cases where sentence of death shall be passed in any court-martial held by the senior officer of five or more ships which shall happen to meet together in foreign parts, such sentence of death (except in cases of mutiny) shall not be carried into execution but by order of the Lords Commissioners of the Admiralty. Competent authorities have given it as their opinion, that the power implied in the above section of putting the sentence of death into immediate execution, without waiting for the instructions of the Lords Commissioners of the Admiralty, or the commander-in-chief of the fleet, was intended only in cases where a mutiny actually |