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A CASE FOR THE LAWYERS.

"I heard a tale of a butcher, who was driving two calves over a common that were coupled together by the necks with an oaken wyth (a halter made of oak twigs). In the way where they should pass, lay a poor lean mare, with a galled back, to whom they coming (as chance fell out) one of one side, and the other of the other, smelling on her (as their manner is), the midst of the wyth that was between their necks rubbed her, and grated her on the sore back, that she started and rose up, and hung them both on her back as a beam; which being but a rough plaister to her raw ulcer, she ran away with them (as she were frantic) into the fens, where the butcher could not follow them, and drowned both herself and them in a quagmire. Now the owner of the mare is in law with the butcher for the loss of his mare, and the butcher interchangeably indicts him for his calves."-Pierce Penilesse, by Thomas Nashe, anno 1593.—We have searched the books and cannot find any decision on this important case; the point appears to have been again discussed in the yet undecided cause of Bullum v. Boatum, reported by Steevens, the renowned lecturer on heads.

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"There cannot," says Locke, "be a more dangerous thing to rely on, than the opinion of others, nor more likely to mislead one; since there is much more falsehood and error among men, than truth and knowledge; and if the opinions and persuasions of others, whom we know and think well of, be a ground of as-ent, men have reason to be heathens in Japan, Mahometans in Turkey, Papists in Spain, Protestants in England, and Lutherans in Sweden."-Locke on the Human Understanding.

THE REFLECTION OF A PRIME MINISTER,

Alas!

Our glories float between the earth and heaven
Like clouds which seem pavilions of the sun,
And are the playthings of the casual wind;
Still, like the cloud which drops on unseen crags
The dews the wild flower feeds on, our ambition
May from its airy height drop gladness down
On unsuspected virtue; and the flower
May bless the cloud when it hath passed away!

Bulwer's Richelieu.

COMPARISON OF SAVAGE AND CIVILIZED LIFE. Coming from an almost desert country, we were struck with the bustle of a town (Augsturn) with only 6000 inhabitants. We admired the conveniences with which commerce and industry furnish civilised life. Humble dwellings appeared to us magnificent; and every person with whom we conversed seemed to be endowed with superior intelligence. Long privations give a value to the smallest enjoyments; and I cannot express the pleasure with which we saw, for the first time, wheaten bread on the governor's table.-Humboldt.

PAST AND PRESENT TIMES.

If a man drest as he drest 270 years ago, the pug dogs in the streets would tear him to pieees. If he lived in the houses of 270 years ago, unrevised and uncorrected, he would die of rheumatism in a week. If he listened to the sermons of 270 years ago, he would perish with sadness and fatigue; and when a man cannot make a coat or a cheese for 50 years together, without making them better, can it be said that laws made in those days of ignorance, and framed in the fury of religious hatred, need no revision, and are capable of no amendment?-Edin. Review.

CONSCIENCE.

A vice sanctioned by the general opinion is merely a vice. The evil terminates in itself. A vice condemned by the general opinion produces a pernicious effect on the whole character. The former is a local malady, the latter a constitutional taint. In our own country, a woman forfeits her place in society, by what, in a man, is too commonly considered as an honourable distinction, and, at worst, as a venial error. The consequence is notorious. The moral principle of a woman is frequently more impaired by a single lapse from virtue, than that of a man by twenty years of intrigue.-Edin. Review.

EFFECTS OF THE NORMAN CONQUEST. England, when the men of Normandy violated her soil, was wealthy and happy; and the system of society was favourable to liberty. Of all this they obliterated every vestige, and in exchange for these blessings, they entailed upon us a complicated and injurious seheme of jurisprudence, full of subtlety and chicanery, and well suited to the proverbially litigious spirit of the Normans, though entirely averse to the simplicity of the Anglo-Saxon institutions. That this state of things should, in an enlightened age, be permitted to subsist, is among the most astonishing of anomalies. Cheapness, promptitude, and accessibility, are qualities without which substantial justice cannot exist; and if these are to be found in our judicial code, we have not read it rightly. The greater part of what is good in our constitution we inherit from our Saxon ancestors: the rest is Norman.-Eclectic Review.

A FOREIGN ESTIMATE OF BRITAIN. The people, in so many respects the most interesting in Europe; so worthy, by reason of its inviolable attachment to ancient usage, to be studied by him who is occupied in investigating the origin of institutions; so celebrated for the form of its government; joining to the energy of menarchy, the most unlimited liberty of the citizen; so powerful by the resources which the entire devotion of a great and wealthy nation presents to a sovereign, who is skilful in availing himself of them; this people is, at the same time, precisely that which differs most from all other countries ancient or modern. England, after having, during centuries, held the balance of Europe, at the present moment grasps the sceptre of the seas, and exercises a preponderating influence on the continent: no event in the world is indifferent to her, and almost everywhere she gives the decisive impulse. Blended in every interest, her constitution, so eagerly praised, which has been imitated in more than one country, and which will ultimately prevail everywhere; her judicial forms, judged so salutary, and many of which have been universally adopted, are hardly known out of Great Britain.— Myer's Esprit, Origine, et Progrès des Institutions Judiciaires."

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REASON AND RELIGION.

"If we observe the style and method of the Scriptures, we shall find in them all over a constant appeal to men's reason, and to their intellectual faculties. If the mere dictates of the Church, or of infallible men, had been the resolution and foundation of faith, there had been no need of such a long thread of reasoning and discourse, as both our Saviour used when on earth and the Apostles used in their writings. We see the way of authority is not taken, but explanations are offered, proofs and illustrations are brought, to convince the mind; which shows that God, in the clearest manifestation of his will, would deal with us as with rational creatures, who are not to believe, but on persuasion; and to use our reason, in order to the attaining that persuasion.”—Bishop Burnet's Exposition of the 19th Article.

"No mission can be looked on to be divine, that delivers anything derogating from the honour of the one, only, true, invisible God; or inconsistent with natural religion, and the rules of morality; because God, having discovered to men the unity and majesty of his eternal Godhead, and the truths of natural religion and morality by the light of reason, he cannot be supposed to lack the contrary by revelation; for that would be to destroy the evidence and use of reason, without which, men cannot be able to distinguish divine revelation from diabolical imposture."-Locke's Posthumous Works, p. 226.

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INFIDELITY IN THE MEDICAL PROFESSION. The prevalence of scepticism among medical men has frequently been a topic of remark, and a subject of equal regret and astonishment."Very illustrious examples," remarks Dr. Bateman's biographer, "are not wanting to prove, from time to time, that the knowledge of anatomy may indeed inspire religious sentiments." But it cannot be denied, that the dissectingroom has not always proved the best school of the heart. Strange to say, the anatomist has too often embraced a heartless materialisni, while the astronomer has become an atheist.-Eclec. Review, No. 262.

THE DARDANELLES.

The Dardanelles is a little Turkish town in the narrowest and most beautiful part of the Straits-a strong fort, with enormous cannon, stands frowning on each side. These are the terrible fortifications of Mahomed II. the Keys of Constantinople. The guns are enormous; of one in particular the muzzle is two fect three inches in diameter, but with Turkish ingenuity they are so placed as to be discharged when a ship is directly opposite. If the ship is not disabled by the first fire, and does not choose to go back and take another, she is safe. At every moment a new picture presents itself a new fort, a new villa, or the ruins of an ancient city. A naked point on the European side, so ugly, when compared with all around it, as to attract particular attention, projects into the Strait; and here are the ruins of Sestos; here Xerxes built his bridge of boats, to carry over his millions to the conquest of Greece; and here, when he returned with the wreck of his army defeated and disgraced, found his bridge destroyed by the tempest, and in his rage ordered his chains to be thrown into the sea, and the waves to be lashed with rods. From this point too, Leander swam the Hellespont for love of Hero, and Lord Byron and Mr. Ekenhead for fun. Nearly opposite, close to a Turkish fort, are the ruins of Abydos. Here Xerxes and Leander, and Lord Byron and Mr. Ekenhead, landed.— Stephens' Incidents of Travel.

London: WILLIAM SMITH, 113, Fleet Street. Edinburgh: FRASER & Co. Dublin: CURRY & Co.-Printed by Bradbury & Evans, Whitefriars.

THE

No. XVI.

SIXTH ARTICLE.

PUBLISHED BY WILLIAM SMITH, 113, FLEET STREET.

THE BRITISH NAVY.

SATURDAY, APRIL 20, 1839.

A NAVAL COURT-MARTIAL DESCRIBED.
"We have strict statutes and most biting laws-
The needful bits and curbs for headstrong steeds."

SHAKSPEARE.

COURTS-MARTIAL differ in many respects from ordinary courts of justice, and the forms of Military are somewhat dissimilar from the Naval proceedings. In describing the latter it is not our purpose to enter into a lengthened detail of the statutes or customs by which their jurisdiction is claimed and governed, but the reader will expect that we should state generally, under what authority this tribunal is constituted.

The Articles of War are clear and explicit, and embrace nearly every offence which a person in the flect can commit, prohibiting what is wrong, and assigning the punishment and penalty for each transgression; according to the maxim of the best writers on jurisprudence, that "it is but labour lost to say 'do this, or avoid that,' unless the consequence of non-compliance be also declared."* The commander of every ship is, therefore, not only strictly enjoined to cause the articles of war to be constantly exhibited in a place accessible to the crew, but also, to take care that they be read over at least once in every month, in presence of the whole ship's 's company, specially assembled for that purpose. Minor offences, not included in the articles of war, and for which no punishment is ordered to be inflicted, are directed to be dealt with according to the laws and customs in such cases used at sea, namely at the discretion of the captain.

The articles of war, as originally framed, (13 Charles II. cap. 9. amended by 22 George II., cap. 33.) were very sanguinary, and although the penalty assigned to various crimes has been mitigated by subsequent enactments, and a greater latitude permitted to the Court in assigning the punishment for a proved offence, they are still too vindictive, and often, no doubt, like all laws bearing that character, defeat the very purpose they have in view.

The lamented fate of Admiral Byng called for the revision of the 12th article of war, under which that unfortunate officer suffered.—As originally framed it ran thus :—

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[PRICE TWOPENCE.

they found him guilty of the latter part, in the following words :-
"As that article (the 12th) positively prescribes death, without
any alternative left to the discretion of the Court, under any
variation of circumstances, the Court do therefore unanimously
adjudge the said Admiral John Byng to be shot to death."
The members of the Court-martial, aware of the hardship of
the case,
used every endeavour, by a strong expression of their
opinions in the body of their decision, and by subsequent pro-
ceedings, to obtain a mitigation of the sentence, but without effect.*
It was necessary, in order to satisfy public clamour, that a victim
should be offered; the twelve judges, to whose consideration the
case was submitted, confirmed the legality of the sentence, and it
was carried into effect on the 14th of March, 1757.

Although somewhat of a digression, we could scarcely, whilst on the subject of Courts-martial, omit a notice of Admiral Byng's case; an event which produced the greatest sensation in the country and the naval service at the time. Rear-admiral Temple West, then in command of a squadron at Spithead under sailing orders, addressed a letter to the First Lord of the Admiralty, expressing his feelings of the injustice of the sentence in strong terms, and requesting permission to resign his command; and Admiral Forbes, a member of the Board of Admiralty, refused to sign the warrant for execution, and retired from office, publishing strong and manly reasons for his conduct, the justice of which was not long after freely acknowledged, when the prejudice created against the unfortunate officer had passed away.

The authority under which Courts-martial are held is of very ancient date, and it is recognized by various statutes consolidated into the one already alluded to (22 George II., cap. 33) under which it is provided, "that no Court-martial shall consist of more than thirteen, nor less than five members,† to be composed of such flag officers, captains, or commanders, then and there present, as are next in seniority to the officer who presides at the Courtmartial." It also provides, "that, when more than five ships are assembled in foreign parts, the officer next in command to the commander-in-chief shall preside at the Court-martial."§

Regimental and military Courts-martial are composed of officers

Every person in the fleet, who, through cowardice, negligence, or disaffection, shall in time of action withdraw, or keep back, or not come into the fight or engagement, or shall not do his utmost to take or destroy every ship which it shall be his duty to engage ; and to assist and relieve all and every of his Majesty's ships or those of his allies, which it shall be his duty to assist and relieve : every such person so offending, and being convicted thereof by necessity of condemning a man to death from the great severity of the 12th sentence of a Court-martial, shall suffer death."t

*They addressed the following letter to the Lords Commissioners of the Admiralty.

Although the Court acquitted the Admiral of cowardice or disaffection, the most odious and heaviest branches of this article, * Blackstone.

↑ By 19 George III. cap. 17. this and other articles were amended thus:"Whereas the restraining of the power of the Court-martial to the inflicting of the punishment of death in the several cases recited, &c. may be attended with great hardship and inconvenience: be it enacted &c. that it shall be lawful in the several cases recited in the said clauses, for the Courtmartial to pronounce sentence of death, or to inflict such other punishment as the nature and degree of the offence shall be found to deserve."

VOL. I.

"We the undersigned, the president and members of the Court-martial assembled for the trial of Admiral Byng, believe it unnecessary to inform your lordships, that in the whole course of this long trial, we have done our utmost endeavour to come at truths, and do the strictest justice to our country and the prisoner: but we cannot help laying the distresses of our minds before your lordships on this occasion, in finding ourselves under a

article of war, part of which he falls under, and which admits of no mitigation, even if it should be committed by an error in judgment only: and therefore, for our conscience sake, as well as in justice to the prisoner, we pray your lordships, in the most carnest manner, to recommend him to His Majesty's clemency.

"We are, &c."

(Signed by all the members of the Court.) "H.M.S. St. George, Portsmouth Harbour, 24th January, 1757."

+ Prior to the passing of this Act, in 1749, thirteen was the minimum number, the maximum being only limited by the number of officers present, but this was attended with inconvenience. Section 12th.

Bradbury and Evans, Printers, Whitefriars.

§ Section 7th.
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of different grades, from the general to the subaltern, but naval Courts-martial never include a lower rank than commanders (equal to majors in the army); and it has been frequently urged in objection to these tribunals, that persons of inferior degree, accused of crimes, have not the advantage which the constitution recognizes in other Courts, of being tried by their peers or equals.

The observation of the cook is adduced, who, when deprived of his warrant, declared that had he been tried by a Court of cooks, instead of captains, his fate would have been different; and instances have certainly happened, in times gone by, where captains are supposed to have been influenced in favour of their own grade. All things considered, we do not think that the composition of the Court would be amended or rendered more impartial by admitting officers of inferior rank; and as for common seamen, their habits, education, and subordinate situations, totally unfit them for the office of judges, particularly under circumstances when their free opinions would assuredly be controlled by the presence of their superiors.

The authority of Courts-martial extends to all offences committed upon the sea, or in havens, creeks, &c. subject to the jurisdiction of the Admiralty, by persons of every description, soldiers as well as sailors, in actual service and full pay, in the fleets or ships of her Majesty; and also to the crimes of mutiny, desertion, or disobedience to lawful command, in any part of her Majesty's dominions on shore, when in actual service relative to the fleet; and under certain circumstances on shore out of her Majesty's dominions.* Also to vessels commissioned by letters of marque, as Indiamen generally used to be, but not to hired victuallers or transports: the attempt to bring these latter under the cognizance of Courts-martial having been decided in the negative by the law officers of the crown in 1791, in the case of the crew of the Plymouth transport, charged with embezzling stores.

But no officer on half pay is subject to the jurisdiction of a Court-martial; and no person can be tried for any offence unless the complaint be made in writing, and a Court-martial ordered within three years after the offence shall have been committed, or within one year after the return of the ship to which the offender belongs into any of the ports of Great Britain or Ireland, or within one year after the return of such offender.†

There is no law or regulation to limit the time that a person can be kept under arrest awaiting his trial, because it is impossible in the naval service to calculate on the period that ships can be conveniently assembled for the purpose of forming a Court. It oftentimes happens that close confinement in warm climates before the trial, is a greater punishment than the Court adjudges for the offence. In the army the time is limited to eight days, or until a Court-martial can be conveniently assembled.

Occasionally, but to the credit of the naval service be it stated, but seldom, a necessity for Court-martial arises. It is hardly ever resorted to until all other means have failed, such as invaliding, exchanging, or applying to be superseded, when disagreement upon points of service occur between a captain and his officers. We believe, under present circumstances, this extreme course is never appealed to unless in very flagrant cases, or when brought about by the obstinacy of the parties in fault. It is a well understood thing, that if a junior officer exhibits charges against his superior, which he fails to substantiate, his prospects may be considered as ruined in the Navy; and there is good reason for discountenancing any attempts to dispute the authority of the captain of a ship in a service, the very essence of whose discipline is implicit obedience.

When a necessity arises for Court-martial, the person making the complaint on which it is intended to be founded, addresses a letter to the commander-in-chief of the fleet or squadron to which the ship belongs, setting forth the nature of the charges, the when and the where, &c. with the request that a Court-martial may be ordered. Should one of the officers make the charges, the letter must be transmitted to the captain, with the request that he will be pleased to forward it, and the admiral, or Admiralty if the matter occurs at home, gives the necessary directions for assembling a sufficient number of ships, or if that cannot conveniently be done on a foreign station, the ship is ordered to England with the prosecutor, prisoner, and witnesses on board, so as to bring the matter to issue as soon as possible, particularly if the

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charge is of such a nature as to render close confinement of the prisoner necessary, which is always attended with inconvenience on board a ship.

It is not imperative, however, upon the superior authorities to order a Court-martial, because such a step may, at an unseasonable time, be prejudicial to the service; in the case, for instance, of a junior officer bringing charges against his commander when in the execution of some important duty; under such circumstances it is usual to postpone, and sometimes refuse it altogether, unless there appears good reason for granting it, without injury to the public service.

Since the appointment of commanders to serve under captains in line-of-battle ships, the question has been mooted as to whether these officers are eligible under the provisions of the Act to sit as members of a Court-martial; for although their rank entitles them, it is argued that not being in command of ships, they were neither contemplated for members when the Act was passed, nor defined as such. It is said that the sentence of a Court-martial so constituted, held at Halifax in 1835, upon a talented young officer, was disputed, and intended to be brought under the consideration of the Courts of Law, or what would have been of worse consequence, actions for damages commenced against the members, had not the Admiralty restored that gentleman to his rank, the charges against him being, in fact, but trivial, and the Court to all appearance not fairly constituted. However this may be, as much difference of opinion exists, it behoves the autho rities to place the matter beyond dispute, either by amending the Act, or obtaining the opinion of the law officers of the Crown, and publishing it, if favourable to the present practice.†

Besides the foregoing point, there are various matters which the subtlety of lawyers have never failed to involve in doubt, connected with the practice or proceedings of Courts-martial; and as these only occur when officers of rank and wealth, who are able to employ the best legal talent, are submitted to the inquisition, it is highly desirable that some plain and definite rules should be established for the government of these tribunals, so as to place the members beyond the consequence of doubt or errors, which tend to involve them in serious responsibilities.

When the Secretary of the Admiralty has submitted the letter demanding a Court-martial to the Board, or the commanderin-chief on a foreign station decides on ordering one to be assembled, a letter is addressed to the officer selected to preside, being his precept or commission for holding the Court, and the commander-in-chief (the senior officer) issues memorandums or notices to the flag-officers and captains of the squadron, an nouncing that a Court-martial will be held on board of a particular ship, on a stated day, and ordering them to attend in full or undress uniform, as the case may be. He also notifies the president, and the captain of the ship wherein the Court-martial is to be held, to make proper arrangements.

The president appoints a judge-advocate by warrant under his hand and seal; it is the duty of this gentleman to take minutes of the proceedings, to administer oaths, and to inform the Court upon points of practice or questions of law that may arise during the trial. He is allowed 8s. per diem during the time the Courtmartial lasts, and as he has matters to attend to connected with the inquest, before and after the sitting, he is always allowed ten days' expenses, or £4, although the Court-martial is finished in one day. This stipend is totally inadequate to compensate a gentleman who has been at the pains and expense to qualify himself for an office, on his efficiency in which depends that harmony of motion so necessary to constitute a regular court.

The provost-martial is also appointed under the president's warrant, and has the custody of the prisoner until he is released by due course of law. His allowance is 4s. per diem.

It is part of the business of the judge-advocate to give the person accused timely notice of his intended trial, and to obtain from him, as well as the prosecutor, a list of witnesses intended to be called, in order that they may be duly summoned. The notices must be given at least twenty-four hours before the day appointed for the Court-martial to be held.

*Lieutenant Maw, of the President.

serving in the same ship, to sit as members of the same Court, and as comIt has always been the custom for a flag-officer and captain, although manders are eligible for members, it is argued that no prejudice can arise by these also being admitted, although serving with captains. The original Act of 13 Charles II., upon which all subsequent regulations appear to have been founded, says that Courts-martial shall consist of commanders and captains, meaning evidently commanders of the first, second, and third posts, which includes flag-officers and commanders.

When all these matters are performed, and the day of trial arrives, the ship selected (in England, generally the flag-ship,) fires a gun at eight o'clock in the morning, and hoists the union jack at the mizen-peak (the place from which the ensign is at other times exhibited). This is the signal for a Court-martial to assemble, and the captains are rowed on board in their barges, and arrive before nine, which is generally the hour appointed for the proceedings to commence.

The place in which the Court usually assembles is the fore-cabin, a space extending across the deck from side to side. A long table is laid out, covered with green cloth, and, opposite to each chair, pens, ink, and paper are placed for the use of the members. The president takes his seat on the starboard side of the ship at the head of the table, and the prosecutor is stationed behind him; facing the president, at the bottom, is the judge-advocate, and the members are ranged on each side according to their seniority, the highest in rank being on the right hand of the president, the next on his left, and so on in succession, right and left, reaching to the bottom.

The prisoner, who we will suppose to be one of the lieutenants of his ship, has been up to this time under arrest,-if at large, not doing any duty, nor appearing on the quarter-deck, or confined to his cabin under charge of a sentry; according to the nature of the offence. He is now brought into Court in custody of the provost-martial, who stands over him with a drawn sword during the whole time of trial. The prisoner always appears dressed in full uniform, out of respect to the Court, and his sword is laid on the table: he takes his place to the left of the judge-advocate, and, if attended by counsel, he is accommodated with a table, chairs, and writing materials, by permission of the president. The list of witnesses is then called over, they are ordered into Court, and the public is admitted.

The judge-advocate then rises, reads in an audible voice the warrant for assembling the Court-martial, and other documents, calls over the names of the members, and administers to each of them an oath, to the effect that they shall duly administer justice according to the articles of war, without partiality, favour, or affection, and in cases not defined by the aforesaid articles, to the best of their ability, and not disclose or discover the opinion of any member, unless thereunto required by act of parliament.

It is usual for three or four members to lay their hands together on the evangelists, unless there be a book provided for each, and all together to repeat the words of the oath solemnly after the judge-advocate, who is also sworn by the president not to disclose or discover the opinions of the members.

The charge is next read, and all the witnesses but the first being ordered to withdraw, and to be kept, pending the trial, from communicating with each other, his examination is taken after he has been sworn as follows:-

"I, A B, do most solemnly swear that in the evidence I shall give before the Court respecting the present trial, whether demanded of me by question or not, and whether favourable or unfavourable to the prisoner, I shall declare the truth, the whole truth, and nothing but the truth: So help me God."

If a Roman Catholic, the witness is sworn on the cross, and according to the form of his religion, whatever it may be, for persons of all creeds are admitted to give evidence.

The station of the witness under examination is to the right of the judge-advocate, and the interrogation begins by the prosecutor questioning him for the purpose of substantiating the charges. The question generally put, after he has answered as to his being present at time and place, is "Relate to the Court what you saw or heard." All the evidence is taken down by the judgeadvocate in writing, and it greatly facilitates the proceedings when the prosecutor, the Court, or the prisoner, hands to him on a slip of paper the question proposed, not only because it saves him the necessity of writing it down, and afterwards repeating it to the witness, but the witness has no time for meditating on the answer, in case he may be disposed to give his evidence partially.

ing up his statement by the judge-advocate *. The same forms are gone through on the following morning, except swearing the Court, the prisoner now examining the witnesses in chief, and the prosecutor cross-examining. Testimonials both written and oral as to character are produced, and the defence being closed, the Court is cleared, and the doors closed, in order that the members may deliberate on the sentence.

The judge-advocate now reads over the whole of the minutes of the Court-martial, dwelling on every point of the evidence; and when that is done, the members of the Court vote as to the guilt or innocence of the prisoner, beginning with the junior member, and proceeding up to the president. If, upon a division, the votes are equal, the point is reconsidered; and if there is an equality of opinions upon the main charge, the favourable construction is adopted. The president of naval Courts-martial has only a single vote like the other members. the sentence,

up

When this is settled, the judge-advocate draws which is signed by all the members of the Court, notwithstanding that the opinions are not unanimous, for the document receives its force and validity from the judgment of the majority. It is countersigned by the judge-advocate: the Court is then opened, the prisoner and the witnesses brought in, and the sentence read, all the members appearing with their hats on.

The form of the sentence, after the preamble, runs thus :— "Having strictly examined the evidence in support of the charge, as well as heard what the prisoner had to offer in his defence, and very maturely weighed and considered the same, the Court is of opinion, that the charge [is proved, or proved in part, or not proved, as the case may be]; and do therefore adjudge," &c. If the prisoner is acquitted, the president, in returning him his sword, generally addresses a few words of congratulation on the event, and his hope that he will continue to merit the good opinion of his brother officers and superiors, notwithstanding what has occurred. If the sentence is unfavourable, and, as mostly happens under such circumstances, the prisoner is dismissed the service, nothing more is said, he is withdrawn in custody of the provost-martial, his commission cancelled from that day, and his name removed from the Navy List.

When the Court-martial is finished, the union-jack, which, up to that time, had been exhibited from eight in the morning to the hour of adjourning the Court each day, is hauled down, and all things resume their ordinary appearance.

It has not happened for many years that a commissioned officer of the Navy has fallen under a charge affecting his life; the last we recollect was the unfortunate case of Lieutenant Gamage, who was executed in the Downs in 1812, for the murder of a sergeant of marines, whom he had been provoked to stab in a fit of passion, produced by the mutinous behaviour of the man. We may probably take occasion in the course of these papers, when treating on punishments in general, to describe the forms adopted on these melancholy occasions, where the extremity of the law is put in execution.

We shall in our next describe minutely the nature and capability of the ship's armament; after that the mode of paying the advance, and then proceed to sea.

SEBASTOPOL.

THE port is magnificent; nature has done everything for it. The entrance of its deep roadstead is about seven hundred fathoms in breadth, wide enough to facilitate navigation, and allow vessels to tack, but sufficiently narrow to break the force of the sea and admit of easy defence. It is protected by batteries mounting three hundred and fifty pieces of cannon, to which eighteen mortars à-laPaixhans are about to be added, and could not be forced. This entrance leads to several inner havens, formed by different creeks, or valleys, abutting on the principal valley, which offer sailors a choice of the most advantageous anchorage, according to the circumstances of the season. There is good holding-ground everywhere, and an equal depth of water up to the very shore. might compare it to a tree, whose branches taper to a point. It is a repetition of what is seen at Malta, only that the channel is broader and the harbour more extensive; indeed, it could accom

Russian Expeditions against the Circassians.

One

After the examination in chief by the prosecutor, the questions propounded by the Court, and cross-examination by the prisoner, is ended, the evidence is read over to the witness, if he requires it,modate a fleet consisting of a limitless number of vessels.and he is at liberty to correct it, if not satisfied of its accuracy. He is then ordered to withdraw, another is called, and so on in succession, until the case for the prosecution is closed. It often happens that the prisoner craves of the Court some little time, generally until the following morning, to prepare his defence, and if unprovided with a legal adviser, he is usually assisted in draw

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It may seem strange that the judge-advocate, who appears in the light of a prosecutor for the Crown, should assist the prisoner in his defence; the object, however, of a Court-martial is to arrive at the truth, and therefore it becomes the duty of the judge-advocate to bring forward all the proofs he can procure.

THE DEATH OF ATTILA.

AN HISTORICAL TALE.

THE fertile plains of Gaul lay waste, and her horror-stricken inhabitants saw no means of defence against the barbarian army of one who made the princes of the eastern and western empire of Rome tremble at his name: the cruel Attila, so justly termed "The Scourge of God," who for a season was permitted by divine justice to ravage the most civilised countries of Europe, like some deadly pestilence sent on earth as a warning and a punishment for the crimes of mortals.

Already the king of the Huns had reached the heart of Gaul, his progress marked by ruin and desolation, for it was a saying worthy of his ferocious pride, "that the grass never grew on the spot where Attila's horse had trod!" The places where populous cities and happy villages once lay, were only to be known by mingled bodies of every age and sex strewn around, a few smoking ruins, or a solitary spire. In the unhappy city of Metz, the Church of St. Stephen was the only building that Attila left, to show where it had once stood; and now, after a long and laborious march, he fixed his camp under the walls of Orleans, relying on the secret invitation of Sangiban, king of the Alani, who had promised to betray the city, and to revolt from the service of the empire. But this treacherous conspiracy was detected and disappointed. Orleans had been strengthened with recent fortifications, and the fierce assaults of the Huns were vigorously repulsed by the faithful valour of the brave soldiers and citizens, who defended the place. Their bishop, Anianous, a prelate of primitive sanctity and unshaken courage, with an eloquence that seemed almost that of inspiration, endeavoured to support the spirits of the garrison, until the arrival of expected succour: but after an obstinate siege, the walls were shaken by the battering-rams of the Huns, and the women and children, with the old men and persons incapable of bearing arms, lay prostrate in prayer. So well known was the ruthless cruelty of Attila's soldiery, that mothers rushed with their newly-born infants to the baptismal font, desirous of having them dedicated to Heaven, ere one common massacre involved themselves, their babes, and the priests who served at the altar. Still, notwithstanding the urgent danger, the pious Anianous walked amidst the people with an unfaltering step, telling them to rely firmly on the merciful God, who had hitherto preserved them, and all would yet be well; for He never forsook, in the hour of danger, those who had always remembered him in prosperity.

Beside Anianous, whilst he uttered those words of consolation, walked a young and beautiful girl, whose full blue eyes, fair complexion, and lofty stature, would have marked her as a descendant of the Franks, were it not that luxuriant dark hair, an aquiline nose, and a cast of features that was almost commanding, showed that she might also lay claim to Roman origin. Her father, a brave Roman knight, when expiring from the wounds received in a battle dearly won, left his infant daughter, Serena, and her mother, Thorismonda, to the care of his brother, Anianous. Thorismonda, whose beauty had first fixed the attention of her husband, when she was captured on the banks of her native Rhine, and whose amiable disposition had induced him to make her his bride, did not long require the care of the good bishop, but, pining in silent sorrow for the loss of her husband, only survived him a few months. Serena, however, lived to be the happiness of her uncle's old age; and whilst in this hour of danger, she went through the city, imitating his example, encouraging the faint-hearted, praying with them, giving directions for the relief of the wounded, and even attending to them herself, she seemed so exquisitely lovely, that she might have been mistaken for a being superior to humanity, were it not for a shade of deep anxiety, amounting almost to anguish, that might at times be seen to cloud her features, and which told too plainly she was not exempt from the griefs of mortals. And well might those looks express anxiety that morning her betrothed lover, Gaudentius, a young and noble Roman, had been made prisoner in a sally against the Huns. Nothing but a sense of duty supported Serena against the blow; she knew that if the wretchedness she inwardly felt were to appear, it would dishearten still more the women of the city, who looked up to her as to a guiding star, and their terrors might enervate the courage of the soldiers who defended them, even as the women of Carthage had awakened in her garrison a courage almost superhuman.

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But now the lofty walls were shattered to their foundation, and breaches would too soon appear. Anianous, who had anxiously counted the days and hours, despatched a trusty messenger to

observe from the rampart the face of the distant country. He returned twice without any intelligence that could inspire hope or comfort; but in his third report he mentioned a small cloud which he had faintly descried at the verge of the horizon. "It is the aid of God!" exclaimed the bishop, in a tone of pious confi. dence, and the whole multitude repeated after him, "It is the aid of God!" That remote object was indeed the impatient squadrons of Etius, the Roman general, and of Theodoric, king of the Visigoths, pressing forward in deep and close array to the relief of Orleans.

These words, which almost prophesied their arrival, were the last Serena ever heard her uncle utter: the next instant they were surrounded by a crowd of barbarians, whose misshapen figures and uncouth features would have been terrific in their mildest mood, but now that they were animated by the thirst of blood, and every evil passion, gave them the appearance of those demons from whom they were fabled to have sprung. The grey hairs of Anianous, and the unresisting majesty of his aspect, were no protection; Serena saw a bloody sword descend on his venerable brow, and he sank fainting to the earth.

When she returned to a miserable consciousness, it was to find herself in a kind of waggon, in which were several other female captives, whose beauty, or whose rich apparel, which spoke a rank likely to procure a considerable ransom, rendered them worth the trouble of transporting, in the retreat which the policy of Attila deemed advisable on the arrival of the Roman and Gothic forces before Orleans. His caution made him dread even the possibility of defeat whilst in the heart of Gaul; he had therefore sounded the retreat for his disappointed troops just as they had begun the pillage of the city. The Huns having passed to the rear by the vanguard of the Romans, and reached the smooth and level surface of the plain of Châlons, which was well adapted to the operations of the Scythian cavalry, anxiously endeavoured to reach a considerable eminence that commanded the surrounding country, the importance of which was well understood by the generals of each army; but they were anticipated by the young and valiant son of Theodoric, who, leading his troops first to the summit, rushed with irresistible weight on the Huns, who laboured to ascend it on the opposite side, and the possession of this advantageous post inspired the Roman and Gothic army with a fair assurance of victory.

It was at this moment that the anxiety of Attila led him to consult his priests and haruspices to learn the event of the approaching battle. And the scene which presented itself to the eyes of Serena, whose litter had been drawn close enough to observe it, was one of thrilling interest. An altar had been composed of faggots hastily piled to an enormous height, and surmounted by the famous sword, placed in an upright position, which had been presented to Attila by a shepherd, who, seeing a heifer wounded in the foot, followed the track of her blood till he discovered the point of an ancient weapon rising from the earth, which he dug from it with superstitious awe. The artful prince received it with every demonstration of pious gratitude, as the sword of Mars; and as the possessor of this celestial gift, he asserted his indefeasible claim to the dominion of the entire earth beneath the symbol of his tutelar deity. Attila stood surrounded by his white-robed priests and augurs, his large head, swarthy complexion, small deep-seated black eyes, flat nose, and thinscattered beard, gave him an aspect that scarcely deserved the name of human: yet his broad shoulders, and short square body, though as disproportioned as his features, spoke of nervous and enduring strength, whilst the haughty step and demeanour of the king of the Huns, seemed to express a consciousness of superiority above the rest of mankind. Yet he the scourge of nations -often trembled inwardly from superstitious dread, and now with earnest looks beheld the progress of his bloody rites. Sheep, oxen, horses, the best and most faultless that could be procured, had bled beneath the ruthless symbol, when the chief priest waved aloft his blood-stained hand, and a numerous band of Roman and Gallic captives were led forward, their noble features and graceful forms strongly contrasting with the deformed and hideous crew that guarded them. Slowly the haruspice counted the prisoners as they passed before him, then touching the hundredth captive with a long wand, ornamented with strange carvings, he was placed near the altar. He had thus selected ten, when, as another file advanced, the trembling Serena recognised amongst the number Gaudentius-her own brave, noble Gaudentius, to whom in another month she was to have been united, now standing before the bloody altar of a Pagan god, ready to fall a sacrifice to his abominable worship. She tried in vain to precede the priest in

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