A Short History of the Royal Navy, 1217-1815. Volume II, 1689-1815Hannay, David
History
A Short History of the Royal Navy, 1217-1815. Volume II, 1689-1815
Hannay, David
Great Britain. Royal Navy -- History
In another respect there was room for amendment. The commander-in-chief
was himself president of the court, which consisted of all the
post-captains in sight when the court-martial flag was hoisted.
The want of a limitation in the number made the tribunal often
of a most unwieldy size. It was also obviously in the power of a
commander-in-chief to pack a court, by sending away all the captains
whom he could not trust to acquit or condemn “by order.” As he was the
only authorised president he was there to give the order himself. When
it is remembered that every admiral had then, and afterwards, a number
of “followers,” officers who had served under him, and whom he always
made interest to have with him, and who for their part looked to him
to push their fortunes, when too we remember the brutal temper of such
men as Mathews, Lestock, and Griffin, it will be seen that this was no
imaginary danger, indeed bitter complaints were made of the partiality
of the courts martial.
The new act of 1749—the 22nd George II.—corrected these defects. It
provided that the right to hold courts martial should go with the
command, thereby removing the risk of such a break as occurred in the
case of Vernon and Ogle, and that it could be delegated to officers
commanding detachments. Further, it took away the right to act as
president from the commander-in-chief and gave it to the second in
command. It limited the number of officers sitting in the court to not
less than five, or more than thirteen. It also limited the court’s
power of inflicting imprisonment for any offence to two years, and for
contempt to a month. The cases of the master of the =Northumberland=
and of Lieutenant Frye of the Marines had no doubt their share in
bringing about this change.
Public-domain text, read in full here on John Shaqi.
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