known the watch-word, or giving a falfe one. Making false alarms in camp or quarters. Not fecuring public ftores taken from the enemy. Leaving poft or colours in fearch of plunder. Cafting away arms or ammunition. Mifbehaving before the enemy, or fhamefully abandoning or delivering up any garrifon, fortrefs, poft, or guard, committed to his charge. Compelling others to do the fame. Menacing words, geftures, or difturbances, before a military court-martial. Releafing prifoners to be tried by a court-martial without proper authority. Officer breaking his arreft, or leaving his confinement; or behaving in a fcandalous, infamous manner, fuch as is unbecoming an officer and a gentleman. Not tranfmitting regimental accounts agreeably to regulations.

COURTS OF INQUIRY. Although no articles of war, or acts of parliament, authorife courts of inquiry, either in the army or navy, yet, from various precedents and cuftoms long eftablifhed, they have become an effential branch of military and naval jurifdiction. They bear no flight analogy to the functions of a grand jury, as the refult of their inveftigation is a report to the power vefting them with authority to inquire, whether or not there be fufficient grounds for bringing the person or perfons, whofe conduct has been the fubject of inquiry, to a court-martial, in order that if judicially found guilty, a punishment correfponding to the offence may be inflicted. A court of inquiry, fairly and impartially conducted, may be regarded rather as a royal mark of lenity than feverity; more particularly confidering the prerogative of the crown to difmifs officers from the fervice, without giving them any chance of trial. The king, or any commander to whom the power of affembling courts-martial is delegated, may appoint courts of inquiry for examining the conduct of officers in the army, and the lords of the admiralty have the power of appointing courts of inquiry in the navy, as being immediately derived from the crown; but neither the king nor the admiralty have power to inflict any corporal punishment for offences, unlefs by fentence of a court-martial. In many inftances, however, the crown has exercifed its prerogative, in difmifling officers of rank from the service, even after having undergone a trial by a court-martial, and being acquitted of the charges exhibited against them. A court of inquiry, by examining the evidence produced on both fides in a fummary manner, viva vece, avoids the procraftination incident to a court-martial, and is lefs inconvenient to the service, by having fewer members. Three are generally deemed fufficient, but where the matter is important. it is ufual to have five. No oath is adminiftered to the members or witnesses, and many have queftioned even the legality of

any witnefs being obliged to give teftimony, or of the perfon, whofe conduct is the fubject of inquiry, being bound to plead; because it might be more favourable to referve his cafe and evidence for a court capable of pronouncing definitive judgment. Thefe courts are, however, ufeful in adjusting difputes between officers. Thefe often are of such a nature that nothing criminal can be imputed to either party, so as to give jurisdiction to a court-martial; but a court of inquiry prevents much unneceffary trouble, and does not materially retard or obstruct the fervice.

COMPOSITION OF NAVAL COURT-MARTIAL. By ftat, 22 Geo. II. c. 33. no court martial to be held or appointed, fhall confift of more than thirteen, or lefs than five perfons, to be compofed of fuch flag-officers, captains, or commanders prefent, as are next in feniority to the officer who prefides at the court martial. It is alfo declared that the lord high admiral, or lords of the admiralty, or any officers empowered to hold courts-martial, fhall not direct or afcertain the particular number of perfons of which any court-martial fhall confift.

OF A MILITARY COURT-MARTIAL. By the 17th fection of the mutiny act (1804) it is enacted, that no general court-martial fhall confift of a lefs number than thirteen commiffioned officers, except in Africa, or in New South Wales; where five will fuffice, but none must be under the degree of a commiffioned officer: nor can the prefident of any general court-martial be the commander in chief, or governor of the garrifon where the offender is tried, nor under the degree of a field officer, unless where a field officer cannot be had, nor in any cafe whatever under the degree of a captain.

GENERAL COURTS-MARTIAL. Military courts-martial are either general, for the trial of crimes of magnitude; or regimental or garrifon courts, for the cognizance of fmaller offences. A general court-martial is held either by direct authority from his majesty, under fign manual, or by a delegation of the royal authority to a general officer having the chief command of a body of forces, within any particular part of the king's dominions. In the former cafe, the warrant for holding the general court-martial, ufually contains the name of the president and all the members who compofe the court; and fuch warrant is directed to the judge advocate general, or his deputy. In the cafe, where the court is affembled by a general officer commanding in chief, who has the royal authority delegated to him, an order or warrant is directed by him to the prefident alone; and orders are iffued, by the fame authority, for certain regiments to furnish each a certain quota of officers,

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of a rank therein fpecified, to be members of the court, and to return their names to the office of the adjutant general. REGIMENTAL COURTS. Regimental courts-martial are held by virtue of the articles of war, fect.16. under the head of adminiftration of justice; which provide that the commiffioned officers of every regiment may, by the appointment of their colonel or commanding officer, without any special warrant from his majefty, hold regimental courts-martial for inquiry into fuch difputes or criminal matters as may come before them, and for inflicting corporal or other punishments for fmall offences, and fhall give judgment by the majority of voices, but no fentence to be executed until confirmed by the commanding officer, not being a member of the court-martial; and it is likewife declared, that no regimental court-martial fhall confift of less than five officers, except in cafes where that number cannot be conveniently affembled, when three may be fufficient, who are likewife to determine upon the fentence by the majority of voices. Where a fufficient number of officers of the fame corps or regiment cannot be had, the commanding officer, or the governor of the garrifon, fort, castle, or barracks, may appoint officers, from different corps, to compofe the regimental court martial; and the fame power is given to the commanding officer in any town or place, with detachments of different corps. The ufual practice of conftituting a regimental court-martial, is to appoint one officer of the rank of captain as prefident, and the other four members, fubalterns, if they can be conveniently affembled; if not, a captain and two fubalterns will be fufficient to conftitute the court.

DETACHMENT COURTS. By the articles of war, his majesty has laid down regulations for conftituting another fpecies of military courts, called detachment courts-martial. These are for trying officers not commiflioned by his majefty, or by any general officers having authority to grant commiffions, but appointed by warrant under the fignature of the colonels or commandants of the corps to which they belong; hence they are diftinguished by the appellation of warrant officers. It is thereby declared and directed, that, in all cafes where the offence charged against any warrant officer may not be of fo heinous a nature as to require investigation by a general court-martial, such officer may and fhall be tried by a detachment court-martial, to be appointed by the general officer commanding his majesty's forces in the district where the corps fhall be fituated, if in Great Britain, Ireland, Jerfey, Guernsey, Alderney, Sark, or Man, and if in any of his majefty's dominions beyond the feas, or in foreign parts, by the general commanding in chief on the ftation; which detachment courts-martial are to be held, and to proceed in the

nature of regimental courts-martial. Provided that fuch detachment court-martial shall not, in any cafe, confift of less than five commiffioned officers, of whom not more than two fhall be taken from the regiment, in which the warrant officer to be tried is ferving; that the prefident of fuch court-martial shall not be under the degree of a field officer; that not more than two of the other members fhall be under the degree of a captain; and that no fentence of fuch court-martial fhall be put in execution, if the trial fhall have taken place in Great Britain, Jerfey, Guernsey, Alderney, Sark, or Man, until after a report fhall have been made to his majefty, and directions fhall have been fignified thereupon through the commander in chief of his majefty's forces, or (in his abfence) through the fecretary at war; or if in Ireland, or in any of his majesty's dominions beyond the feas, or in foreign parts, until fuch fentence fhall have been confirmed by the general officer commanding in chief on the ftation, who is thereby authorised to caufe fuch sentence to be put into execution, or to fufpend, mitigate, or remit the fame, as he fhall judge beft, and moft conducive to the good of his majefty's fervice, without waiting for further orders: Provided alfo, that no court-martial fhall have authority by their fentence to award corporal punishment, in any cafe of a warrant officer; nor shall a warrant officer be liable to be reduced, by the sentence of either a general or detachment court-martial, to ferve in an inferior fituation, unless he shall have been originally inlisted as a private foldier, and fhall have continued in the fervice until his appointment to be an officer by warrant.

PROCEEDINGS IN REGIMENTAL AND DETACHMENT COURTS. The members of a regimental, garrifon, or detachment courtmartial have not, as in trials before a general court martial, the affiftance of a judge advocate, or his deputy; neither were the -members or witnefles fworn, as thofe of a general court-martial; but, by a late act of parliament, every member compofing fuch courts takes an oath, that he will well and truly try and deterImine the matter fubmitted, and adminifter justice according to the articles of war and the mutiny act, without partiality or affection. The proceedings are regularly committed to writing, either by the prefident, or by any of the members of the court named by him. The fentence is figned by the prefident alone; but at naval courts-niartial, by the prefident and every member compofing the court. As fentences of military courts-martial are not put into execution until approved of by his majesty, or the commander empowered to convene them, the court, in the event of difapproval, may be directed to revife the fentence, and reconfider the proceedings: but this power is very properly reftricted; for it is declared by the mutiny act, that no fentence fhall be more than once liable to a revifion.

APPEAL

APPEAL FROM THEM. The articles of war have provided that any party thinking himfelf aggrieved by the decifion of a regimental or detachment court-martial, may appeal to a general court-martial; but if, upon a fecond hearing, the appeal fhall appear to be vexatious and groundlefs, the person so appealing fhall be punished, at the difcretion of the general court. It is understood, however, that this right of appeal only exifts in cafes where the original caufe has been a fuppofed wrong fuftained by fome inferior, or non-commiffioned officer, or private, from his fuperior.

OFFENCES COGNIZABLE IN EACH. The jurifdiction of each of thefe courts is limited to a feparate clafs of offences, but fome few crimes are liable to be tried before either court.

GENERAL COURT-MARTIAL. The offences cognizable in a general court are, profaning churches, or offering violence to chaplains. Traitorous or difrefpectful words by officers. Officers behaving with difrefpect to the general or commanding officer. Mutiny. Not fuppreffing mutiny, or countenancing it. Striking, or drawing a weapon against a fuperior officer. Officers figning falfe certificates. Officers making falfe mufters. Commiffary or mufter-mafter taking money on a mufter. Officers making falfe returns. Not tranfmitting monthly returns to the commander in chief and fecretary at war. Officers entertaining, and not confining deferters. Perfuading one to defert. Refifting officers in quelling frays and diforders. Officers making improper exactions from futtlers, &c.; conniving at others feiling provifions at exorbitant rates; refusing or neglecting to make up accounts. Officers refufing to fee juftice done, if any perfon fhall be abused or wronged by a foldier. Offences relative to carriage on the march. Crimes punishable by law. Commanding officer, ftorekeeper, or commiffary, felling military ftores without orders. Warrant officers embezzling or mifapplying regimental money. Officers conniving at the hiring of duty. Sleeping upon post. Violence to any one who brings provifions to camp or quarters; punishment death, without any alternative. Forcing a safeguard; punishment death. Making known the watch-word, or giving a falfe one. Making falfe alarms in camp or quarters. Holding correfpondence with an enemy. Relieving or harbouring an enemy. Going in fearch of plunder. Cafting away arms or ammunition. Mifbehaving before the enemy. Compelling others to misbehave before the enemy. Officer breaking his arrest; and a commiflioned officer cannot be cafhiered but by a general court-martial.

Offences cognizable by a general, or regimental, or garrison courtmartial. Non-commiffioned officer or foldier uttering traitorous

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