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Updated: June 10, 2025
As in all other cases, the judgment must depend upon the event, and the judges are gentlemen who sit in courts-martial. The manner in which the President and Vice-President of the United States were chosen was the reverse of democratical.
The fog, which had been partly dissipated by the firing, had again closed in so darkly about them that they drew more closely together till the judge on horseback and the accused standing calmly before him had but a narrow space free from intrusion. It was the most informal of courts-martial, but all felt that the formal one to follow would but affirm its judgment.
Reverdy Johnson is not here. The first day disgusted him, as he is a practitioner of law. Yet the best word of the trial has been his: "I, gentlemen, am a member of that body of legislators which creates courts-martial and major-generals!"
Courts-martial under peace conditions are not without interest to a lawyer, but these in the field dealt wholly with grave charges, such as falling asleep while on sentry duty and other offences almost as dangerous and considerably more heinous morally.
Capital punishment, except in cases of attacks on the royal family and condemnation by courts-martial, was abolished many years ago. Lake Baikal is one of the most remarkable lakes in the world. It is four hundred miles long and from twenty to sixty miles wide. The lake is very deep, and, although situated in the temperate zone, is the home of a species of arctic seal and tropical coral.
Meanwhile the Prosecutor was unfolding the charge in a clear, even voice, neither extenuating nor setting down aught in malice. In a court-martial no Prosecutor ever "presses" the charge; he may even alleviate it. Which shows that Assizes and Sessions have something to learn from courts-martial. The case was simple.
After awhile these privates learned all about extra duty, half rations, and courts-martial. It was only to conquer this independent resistance of discipline that punishment or force was necessary. The privates were as willing and anxious to fight and serve as the officers, and needed no pushing up to their duty.
When the mutiny bill fell under deliberation, the earl of Egmont proposed a new clause for empowering and requiring regimental courts-martial to examine witnesses upon oath in all their trials. The proposal occasioned a debate, in which the ministry were pretty equally divided; but the clause was disapproved by the majority, and this annual bill was enacted into a law without any alteration.
Bagot, the British Minister, had heard that Jackson had seized and executed two British subjects on Spanish soil. Would the Secretary of State inform him whether General Jackson had been authorized to take Pensacola, and would the Secretary furnish him with copies of the reports of the courts-martial which had condemned these two subjects of His Majesty?
Military law, which cannot wait for the slow processes of civic courts, is immediate and condign in its action, and is administered by courts-martial, to which are confided the powers of judge and jury. These courts examine into the cases, find verdicts, and pronounce sentences, all, however, subject to the revision and sanction of the supreme authority which convened them.
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