Page images
PDF
EPUB

Orders of the Admiralty considered:

understood as referring to ships of war under such
circumstances. It can scarcely be contended,
that regularly commissioned ships of war, dis-
armed on the lower decks, and fitted for the
reception of troops, can exclusively be entitled to
this appellation.
Such vessels are, in every

respect, as to the government and discipline of
the ship, under identically the same laws and
regulations as any other of his majesty's ships of
war. The phrase, troop ship, seems to have been
adopted to shew their peculiar aptness, whilst
partially disarmed, to convey troops; and, whilst
thus employed, the term transport ship might
properly be applied to them, in common with any
ship in his majesty's service, transporting troops:
but troop ship is now generally used for those of
her majesty's ships which are not regularly
commissioned but are under the command of a
master, the crews not being subject to naval
discipline, though entitled to count their service
as sea time.1

The preceding view of the naval statutes, even apart from the admission of the principle in the naval regulations, may possibly carry conviction as to the opinion that officers and soldiers of her majesty's land forces, when embarked for passages on board ships of war, are not amenable to the naval articles of war; but the question had been already placed beyond all doubt and the principle extended to troops in actual service, actually performing duty on board ships of war, by the circular which the lords commissioners of the admiralty were pleased, in 1804, to issue to the officers of the navy commanding bombs, pointing

(1) Addenda, Gen. Reg. 1835, p. 866.

out the course which such officers were to adopt, in the event of any of the artillerymen, embarked for service under their orders, "behaving themselves improperly." The order was in the following terms: "Whereas we think fit, in order that a regard may be paid to the discipline of the bomb vessel under your command, by the men belonging to the royal artillery, who may be embarked on board her, that in the event of any such men behaving themselves improperly, they should be confined in such manner as is usual on board his majesty's ships; you are, in case any of the said men should so behave themselves as to render that measure necessary, hereby required and directed to confine them accordingly, taking care, if the offence should be committed during the time the said bomb vessel should be employed on home service, to transmit to our secretary the particular circumstances of such offence, in order that a proper representation thereof may be made to the board of ordnance. But if the offence should be committed during the time the bomb vessel under your command shall be employed abroad, you are, in that case, to transmit an account thereof to the commander in chief, or senior officer, of his majesty's ships employed on the station where you may be employed, who will communicate the same to the general officer commanding his majesty's troops there, in order that the person or persons so offending may be tried for their conduct by a court martial." The immediate cause which led to this order is very fairly related by Mr. M'Arthur,' though he lays down the law in a sense directly opposed to the (1) 1 M'Arthur, 206.

Brown:

construction given it by the lords commissioners of the admiralty :' "A detachment of artillerymen having been embarked to do duty in his majesty's bomb vessel Explosion, John Brown (a gunner), Case of gunner one of the party, having got drunk, the commander of the bomb vessel punished him, the next morning, with one dozen of lashes, conformably to the usage and discipline in his majesty's navy. This circumstance, captain Fraser, commanding the detachment, thought it his duty to state to the deputy adjutant general of artillery, in a letter bearing date the 17th March, 1804. The earl of Chatham, the master general of the ordnance, by letter dated the 24th March, 1804, transmitting captain Fraser's said letter to the earl of St. Vincent, then first lord of the admiralty, represented, that it appeared that captain Paul, of his majesty's bomb Explosion, had thought fit of his own authority, to punish a gunner of the royal artillery; and he expressed the fullest confidence that his lordship would take such steps as should appear to him most proper to prevent the repetition of a conduct which, in its consequence, might prove extremely embarrassing to his majesty's service." To apply the full weight to the argument which this order of the admiralty and the terms of lord Chatham's representation afford, it must be remembered that bomb vessels formed an integral part of the navy as truly as any other class of ships of war in it; that these artillery soldiers were intrinsecally a part of his majesty's land forces, governed by the same laws and subject to the same incidents as other branches of the army; and that the detachments,

(1) 1 M'Arthur, 201.

an No tribunal

of

competent to

punish an

officer or soldier of the army for

an offence, committed on

a Military Court

to which the order of the admiralty particularly points, were embarked for actual service on board, and rationed at a full allowance from the stores of their respective ships, without any deduction being made from their pay on account thereof. With a knowledge of this order, acted on as it invariably was till the formation of the marine artillery, it can scarcely be contended that there is any tribunal competent to punish officer or soldier of the army, for a breach discipline on board any of her majesty's ships, except a military court martial, to be held on board ship, but shore, in a hired transport, or on board of ships Martial; not regularly commissioned. Should, however, any doubt remain on the question, it may be well to recollect that, with respect to penal statutes, any ambiguity as to their intent and meaning should be construed in favor of the accused and for the general liberty of the subject. Adverting to the misconduct of an artillery soldier, on an occasion subsequent to that above referred to, the board of ordnance, on addressing the admiralty, observed, "that captain Munro was placed upon the coast, expressly for the purpose of receiving complaints, which, from the difference of the naval and military laws, they had not the means of punishing on board." There is no doubt but that recourse may be had to immediate pu- Open mutiny, nishment on board, in cases of open mutiny, and where other means have proved ineffectual to the preservation of subordination. It may be easy to imagine cases in which the depriving a soldier of life, instanter, may be extenuated or even justified; but it will be admitted that such case is an exception to the general rule, a devia

an exception.

Remarks in conclusion,

tion from all law, and only to be excused by the utmost extremity so, it is imagined, recourse can only be had to the punishment of a soldier of the land service, by flogging without trial, where all other measures to preserve due subordination have failed; and in these cases, the deviation, depending on necessity, has been provided for.

The author feels most forcibly that it is the duty of all officers of the navy and army, to endeavour to promote the good of the service by a hearty and cordial concurrence on all points. The welfare of their common country, and of their sovereign, the honor and interest of both navy and army, and often of individuals, depend on the zeal and steadiness with which the services may reciprocally back each other. He participates in the feeling, which is general in the army, that the most entire, sincere and willing obedience is due, by all land officers embarked on board ships of war, to the commanders of such ships and of the fleet; and he would desire invariably to see, as he has often witnessed, an eagerness in either service to anticipate the wishes of the other. This desirable object would seem best promoted by not avoiding the question: under any circumstances, the best method of preserving and attaining perfect cordiality between parties, is to establish a mutual and clear understanding of the relative connection of each, and the power and right which they reciprocally possess.

« EelmineJätka »