the 19th Geo. 1II., c. 17." The offence is expressed by sec. xix. of the 22d Geo. II., c. 33. Sec. v. of the 19th Geo. III. declares that, "nothing in this act contained shall extend, or be construed to extend, to empower any ct.-mar. to proceed to the punishment or trial of any land officer or soldier, on board any transport ship (14), for any offences specified in the several articles in this act." 66 It is necessary to observe that the act 19 Geo. III. was made for amending and explaining the articles of the act 22 Geo. II. In the former, the words "land officer or soldier" never once are mentioned, except in sec. v. given above. The 3d art. of 22 Geo. II. uses the words "any officer, mariner, soldier, or other person of the fleet." The 4th art. " any officer, mariner, soldier, or other in the fleet." The 19th art. " any officer, mariner, or soldier in or belonging to the fleet," and the 22d art. " any officer, mariner, soldier, or other person in the fleet." No other art. or sec. of the naval Arts. of War contains similar words, in the rest are used the specific words of "any flag officer, captain or commander, or lieut., &c. &c. belonging to the fleet," meaning naval officers, &c. or the general expression of " any person in or belonging to the fleet." The case of soldiers acting as marines ought not to be considered as falling within the intent and meaning of the naval Arts. of War, any more than artily.men embarked to serve on board bomb vessels. Sec. xxiii. (15) of the mil. Arts. of War does not even allude to the liability of the soldier's being employed as a marine, but simply says "embarked on board our ships of war, or any other ships which may have been regularly commissioned by us, and which may be employed in the TRANSPORTATION of our troops." Again, the words "or any other ships which may have been regularly commissioned by us," &c. &c. do not mean TRANSPORTS, for sec. v. 19 Geo. III. above noticed, positively declares the contrary (16). The case of artily. men employed on board H. M.'s bomb vessels is the most recent we have, regarding the authority of the navy over the army when on board ship. Mr. Samuel observes (17), " In the year 1804, certain officers and men of the royal artily. were ordered to do duty, pro tempore, on board H. M.'s bomb vessels on various stations; and the comg. officers of such vessels assumed to exercise so full and complete a command over the artily. men, as in some instances to punish them for slight offences, without the form of trial, on which a variety of complaints were forwarded by the officers of such men to the Master gen. of the Ordnance, who represented the matters stated to him to the Admiralty, and required that a repetition of such cases, extremely embarrassing to H. M.'s service, might be prevented. This (14) "Cts.-mar. cannot take cognizance of offences committed by masters, mates, or seamen belonging to navy transports; for they are persons not subject to naval discipline."-(Mc Arthur, vol. i, p. 182.) (15) Sec. xx, 4 Geo. IV, cap. 81, (17) P. 681. (16) See note 14. This representation produced a circular communication from the Lords of the Admiralty of the following tenor :— "Whereas we think fit, in order that a regard may be paid to the discipline of the bomb-vessel you command, by the men belonging to the Royal Artily., 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 H. M.'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 Secy. 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 Com. in chief, or senior officer of H. M.'s ships employed on the station where you may be employed, who will communicate the same to the gen. officer comg. H. M.'s troops there, in order that the person or persons so offending may be tried for their conduct by a ct.mar." "The above communication of the Admiralty unequivocally declares their impression of the illiability of artily. men, while on board H. M.'s vessels, to the naval arts., and in a case, too, when they were in actual and especial service on board such vessels " (18). "Artily. men are to all intents and purposes soldiers, and are, like them, subject to the common provisions of the M. A. and Arts. of War; and it would require much ingenuity to shew any striking difference (19) in the condition of these two descriptions of soldiers, to render the one more than the other, objects of the naval statutes. If there be any distinction, so as to save one of these classes from the operation of the statute, it is certainly in favour of the ordinary soldier, who is not sent on board for the purpose of carrying on, or speeding the business of the navy. "But if the collective and deliberate opinion of the Admiralty had not been so decidedly expressed, in the foregoing document, and a solemn (18) Samuel on the Arts. of War, p. 682. (19) Sec. xx, art. 1, Ann. Arts. of War, 1824, and sec. xvii, art. 1, Arts. of War, 4 Geo. IV, cap. 81, declares that they "shall be governed by these our rules and articles, and shall be subject to be tried by cts.-mar. in like manner with the officers and soldiers of the other troops." The 2d art. of both secs, enacts, "For differences arising amongst themselves, or in matters relating solely to their own corps, the cts.mar. may be composed of their own officers; but where a sufficient number of such officers cannot be assembled, or in matters wherein other corps are interested, the officers of artily. shall sit in cts.-mar, with the officers of the other corps, taking rank ac. cording to the dates of their respective commissions, and no otherwise." They do also hold gen. cts.-mar. in the royal regt. of artily. solemn proceeding founded thereupon, the manifold inconveniences that might result from a contrary construction, would be sufficient of themselves to shew, that it could not have been legislatively intended. For if the naval articles could be understood to apply to soldiers on board H. M.'s ships, they must extend also to officers, be their rank or degree what it may. So that by the operation of such articles, the gen. and the principal officers, sent on a distant expedition, might possibly be removed from their command in the course of the voyage, by a sentence of a naval ct.-mar.; and the objects of the public service, so far as depended on the particular skill of such selected officers, be utterly defeated. The ranks, as well as the superior officers, also, might be diminished, to any conceivable degree, by the same means; without any direct communication with the King, or the Com. in chief, and that by the sentence of possibly five captains, of a few month's standing in the navy, and hastily cast together in the course of the service, or even by accident. "In this way the economy of a great military operation might be altogether deranged, and the system of mily. law wholly overturned. It is only necessary to advert to these possible cases, to shew, that the Legislature could never have designed, that they should by any possibility happen.” 3. The Military subject to the Rules and Regulations of the Ship.] "But though officers and soldiers of the land service are not, as I have endeavoured to demonstrate, liable to the provisions of the naval statutes, whilst embarked for transport on board H. M.'s ships, they are still, for some purposes (20), as described in this art., subject to the (20) The following are some of the principal naval regns. contained in the Regns. and Instructions relating to H. M.'s service at sea, established by H. M. in Council, 1808. They relate to the conduct to be observed by capts. and first lieuts., with respect to the precautions against accident by fire, cleanliness, and the orderly behaviour of all on board, and as to punishments. These may, perhaps, not improperly be inserted in this place; as the mily. should conform to them. 1: Morality, Regularity, and Good Order.] “Every flag officer, capt. and comr., and every other officer in the fleet, is to obey every order of his superiors, and to discharge every part of his duty with the utmost zeal and alacrity; and he is not only to discharge the duties particularly attached to his own station, but he is also, as far as circumstances will admit, to assist all other officers in whatever duties they may have to perform. He is, on all occasions, to promote the good of the public service, in all its branches; and so to conduct himself, in every situation, as to be an example of morality, regularity, and good order to all who may be subject to his command."-(See 1, chap. 1, art. v, p. 3.) 2 Duty of Capts., precaution against Fire.]" He is to be extremely attentive in taking every possible precaution to prevent accidents by fire. He is not to suffer any, except the most careful officers or men, to have births, or to sleep in the orlop or cable tiers, where lights are never to be used without his express permission, but in good lanthorns. He is not to allow any person to smoke tobacco in any other place than in the galley. He is strictly to forbid the sticking of candles against the beams, the sides, or any other part of the ship. He is strictly to enjoin the officers not to read in bed by the light of either lamps or candles; nor to leave any light in their the command of the capt. of the King's ship, and of the admiral of the fleet, if any such be present. In this respect, they are placed in the same cabins without having some person to attend to it. At the setting of the watch, all the fires and lights are to be extinguished by the master at arms and ships' corporals, except those which the capt. shall expressly permit to be kept burning."-(Chap. iv, art. 4, p. 136.) 3. Cleanliness and Ventilating.] "As cleanliness, dryness, and good air are essentially necessary to health, the capt., is to exert his utmost endeavours to obtain them for the ship's company, in as great a degree as possible. He is to give directions that the upper decks are washed very clean every morning, and that the lower decks are washed as often as the weather will admit of their being properly dried; they are to be swept twice, at least, every day, and the dirt collected on them to be thrown overboard. The hammocks are to be carried upon deck, and the ports are to be opened whenever the weather will admit of it, and no more chests nor bags than shall be necessary for the comfort of the men, shall be kept on the lower gun-deck, that as few interruptions as possible may be opposed to a free circulation of air. The ventilators are to be constantly worked, and the hold and store-rooms ventilated by wind-sails. The ship is always to be pumped dry, the pump-well frequently swabbed, and a fire, with proper precautions, let down to dry it. If the weather should prevent the lower-deck ports from being opened for any considerable time, fires are to be made in the stoves supplied for that purpose, and the lower-deck may be scrubbed with dry sand." Art. vi, p. 137. "The capt. is to be particularly attentive to the cleanliness of the men, who are to be directed to wash thomselves frequently, and to change their linen twice every week. They are never to be suffered to sleep in wet clothes or wet beds, if it can be possibly prevented; they are frequently, but particularly after bad weather, to shake their clothes and bedding in the air, and to expose them to the sun and wind.” Art. vii, p. 139. 4. Quartering Ship's Company and Exercise of Guns and Musketry.] "He is as early as possible to make arrangements for quartering the officers and men, distributing them to the guns, musketry, rigging, &c.; and that every man may know his station in time of action, he is to cause, not only a general table containing the names of all the officers and men, and their respective stations, to be hung up in some public place in the ship, but also particular lists to be fixed over every gun, and at every place where men are quartered, containing the names of the officers and men appointed to that quarter :"and he is to call the men to their quarters and muster them there, as frequently as possible, until they are perfectly acquainted with their stations. He is to exercise the ship's comp. frequently at the guns and musketry, to render them expert in time of battle.”—(Art. ix, p. 140.) 5. Capt., &c. of Marines responsible for the Conduct of his Men.] Ext. “The marines are also to be divided into equal divisions, and each division is to be commanded by a subaltern, who is, under the direction of the capt. of marines, if there be one on board, to attend to, and be responsible for, the conduct of the men who compose it, and for the good condition of their arms, which he is very frequently to inspect.”(Art. xii, p. 143.) 6. Sick separate Birth to prevent Contagion, &c.] "Whenever there shall be any sick on board, the capt. is to direct a birth to be prepared for them in the most airy part of the ship, where they will have the least communication with, and be the least incommoded by, the rest of the ship's compy. He is to give particular directions that this birth be kept perfectly clean and well ventilated; and that the sick are carefully attended to. He is to order a sufficient number of buckets with covers to them, to be made for the convenience of the sick; and to direct the carpenter to make cradles for those who have fractured limbs, or complaints of any description which may require them. Whenever there is any contagious disease on board, he is to give orders for any same situation as if they were, for the time, in a garrison, subject to the command of a gov., or mil. comdt., under an especial commission, possibly any man being separated from the rest of the ship's company on the very first appearance of any symptom which indicates his being infected; and he is to consult with the surgeon, and to use every possible means within his power, to prevent the spreading of the contagion.”—(Art. xxxv, p. 159.) 7. Divine Service. No profane Cursing and Swearing, Drunkenness, Gambling, Rioting, Quarrelling, Irreligion, Vice, or Immorality.] Ext. "He is to give directions that divine service be performed, and a sermon preached every Sunday, if the duties of the ship, or the state of the weather do not absolutely prevent it, at which all the officers and ship's compy. are to attend. He is not to employ the ship's compy. on a Sunday, in any other works than those which the public service shall absolutely require. He is, to the utmost of his power, to prevent all profane cursing and swearing, all drunkenness, gambling, rioting, and quarrelling, and in general every thing which may tend to the disparagement of religion, or to the promoting of vice and immorality."-(Art. xxxvii, p. 160.) Orders and Regulations of 8. Arts. of War. Abstracts of Acts of Parliament. Ship to be hung up in some public Part of Ships, and read every Month.] Ext. "The capt. is to cause the Arts. of War, the abstracts of all acts of parliament for the encouraging of seamen, and such other ors. or regns., as may be hereafter established for their guidance or discipline, to be hung up in some public part of the ship, to which the men may at all times have access; he is to direct that they be read to the ship's compy., all the officers being present, once at least in every month.”—(Art, xl, p. 161.) 1 9. Not to inflict Punishment on Warrant Officers.] Ext. "A capt. is not to inflict any punishment on a commissd. or warrant officer, except those specified in Chap. iii, art. 16; but he may suspend, and put under arrest, any officer who shall misbehave, and he may continue such arrest and suspension until an opportunity shall offer of trying such officer by a ct.-mar.”—(Art. xli, p. 162.) Captain alone to order 10. Not to suffer Cruelty or Oppression by Superiors. Punishment.] Ext. "The capt. is to see that on all occasions strict justice is done to all the officers and men under his command; that they have their proper allowance of provisions. He is not to suffer the inferior officers and men, to be treated with cruelty or oppression by their superiors. He alone is to order punishment to be inflicted, which he is never to do without sufficient cause, nor ever with greater severity than the offence shall really deserve. All the officers and ship's compy. are to be present at every punishment, and the capt. is himself to attend, to see that it is properly inflicted."—(Art. xlii, p. 163.) 11. First Lieutenant to prevent Swearing, abusive Language, Disturbance, Noise, Confusion, enforce Obedience, and Report those deserving Punishment to Captain.] The first Lieut. "He is to be attentive to the conduct of the ship's compy.; he is to prevent all profane swearing and abusive language; all disturbance, noise, and confusion; he is to enforce a strict obedience to orders, a proper respect to all superiors, and an observance of discipline and good order; and he is to report to the capt. all those whose misconduct he shall think deserving of reprehension or punishment."— (Sec vi, Chap. i, art. xxi, p. 178.) 12. First Lieutenant responsible in Captain's absence; may place Officers in Arrest ; confine Men; but not release them except Captain be absent by leave.] "In the absence of the capt., the senior lieut. on board the ship is to be responsible for every thing done on board; he is to see every post of the duty as punctually performed as it could be if the capt. were present. He may put under arrest any officer whose conduct he shall think so reprehensible as to require it; and he may confine such men as he shall think deserving of punishment; but neither he, nor any other lieut. who may become comg. officer, is to release from his arrest, nor to release, nor punish any man who has been |