The Navy of the American Revolution : $b Its administration, its policy, and its achievementsPaullin, Charles Oscar
History
The Navy of the American Revolution : $b Its administration, its policy, and its achievements
Paullin, Charles Oscar
United States -- History -- Revolution, 1775-1783 -- Naval operations; United States. Navy -- History -- Revolution, 1775-1783
As might be expected, it was very imperfectly carried
out.
On September 25, 1778, Congress extended the advantages of the law
to all persons whose disabilities were acquired previous to August
26, 1776.[169] It is to be carefully noted that this was a pension
for disabilities and not for service—a fundamental classification
in pension law. An agitation for a service pension for life for the
officers of the army was made in and out of Congress for a long time,
until in 1780 it was at last successful.[170] Such emoluments were
not at this time granted to naval officers; it was probably argued
that their sharing in captured prizes offset the pensions of the army
officers. Then, too, the army had ways of gaining the attention of
Congress that the weak and insignificant navy did not possess.
Few more important duties fall to naval offices than the enforcing
of discipline in the navy by means of naval courts. Adams’s rules of
November 28, 1775, made provision for holding courts-martial, but
not courts of enquiry, which are a sort of grand jury or inquest.
They also provided that courts-martial should consist of at least
six naval officers, with six officers of marines, if so many of the
latter were convenient to the court.[171] The Committee and Navy
Boards at times found it impossible to assemble so many officers.
No definite procedure in investigating the loss of vessels was
prescribed by Adams’s rules. Additional legislation was therefore
demanded. On May 6, 1778, Congress adopted new regulations on naval
courts, which were to be operative for one year.[172] They provided
that, when a vessel of war was lost by capture or otherwise, a
court of enquiry should be held, “consisting of that navy board
which shall, by the marine committee of Congress, be directed to
proceed therein, or any three persons that such navy board may
appoint.” If the court of enquiry found that the loss of the vessel
was caused by the negligence or malconduct of any commissioned
officer, the Navy Board might suspend such officer pending his trial
by a court-martial, which, in the event that six naval officers
could not be assembled, was to consist of five men appointed by the
Navy Board. The permitting of civilians to sit upon naval courts
is the salient feature of these new resolutions, and is an anomaly
in naval judicature. They also provided that in cases where one or
more vessels out of a fleet were lost by capture or otherwise, the
commanders of the escaping vessels were to be tried by a similar
procedure. If a court-martial found that the loss of a vessel was
caused by the cowardice or treachery of the commanding officer, it
was directed to inflict the death penalty. On August 19, 1778, the
procedure established on May 6 was extended to “all offences and
misdemeanors in the marine department.”[173] The proceedings of
courts-martial were forwarded to the Marine Committee, which laid
them, together with its recommendations thereupon, before Congress
for final action.
Public-domain text, read in full here on John Shaqi.
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