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them into one ; and a bill for that purpose lieutenants, masters, and surgeons of the kes now before the house of commons, in- navy should be twice as much as it had htled, (as above.)
been ; and that the entire old pay (which This bill having been some time since was consequently half the increased pay) printed, the better to enable all persons to Mould in time of peace be continued to judge and advise in so important a matter, such of those officers, as were within the occafion has thence been taken, to represent description of that order of council, upon Some parts of it, as intended to vest an un- A this express condition, that they hould be precedented and tyrannical power in the ready at all times to obey such orders, as Jords of the admiralty, and as subjecting they should receive from the lord high ad.. all officers, more particularly those upon miral, or commissioners for executing that half pay, to a degree of Navery, hitherto office, for the time being. unkwɔwn to our conftitution. This hath However, says the author, this order of given urabrage to several fea officers, who council. being made during the war, it thereupon petitioned the lords of the admi- could not take place immediately: And ralty to use their sem ft endeavours for the when the peace was concluded, it became mitigation of some of its clauses, requesting
necessary to reconsider it. Accordingly, I more efpecially that the 34th article might find, that in the year 1698, the lords combe left out, and the 33d more fully ex- missioners of the admiralty presented to plained.
the lords juftices in council a draught of a These articles are as follow.
new establishment both for full pay and Art. 33. If any flag-officer, caplain, or half pay ; which draught having been (as commander, or lieutenant belonging torbe fleet, it mould seem) laid before the house of Mall be convicted before a couri-martial of commons, they addressed the king, that he beboving in a manner unbecoming the cbarac. C would be plealed to take into confideration, ter of an officer, be fall be dismissed from and settle the said establishment. And it bis majesty's service.
was accordingly confirmed by his majesty in Art. 34. As it stood at first in the bill. council, April 18, 1700.
All the ball-pay officers belonging to bis ma. This seems to have been the first regula. jeffy's navy fall be subject to discipline and tion of this kind in which the parliament command, wben tbe lord bigb admiral, or interfered, and therufo e it appears to be commißioners for executing ibe office of lord the most authentick declaration of the in. leigh admiral, foall require ibeir service and tention of the publick in granting half pay, attendance.
Dand of the duty incumbent on those who Art. 34. As it was amended, and the a. receive it ; since upon this draught, and the mendment Mewn to the officers when they estimate which aitended it, the necessary petitioncd the lords of the admiralty. fums for supporting it were granted by the
All kalf-pay officers belonging to kis ma. Tefy's ravy, wben ordered inpon service by This regulation, with regard to half tbé lord bigb admiral, or commifTioners for pay, begins with observing " That it will executing rbe cifice of lord bigb admiral for be much for his majesty's service, and ebe time being, fall, in case of beir disobe. E for the safety of the kingdom, to have al. dience to fuck commands, be liable to be tried
ways a competent number of sea-officers and punished by a court marrial, in sucb man. supported on thore, who may be within wer es ebe said court fall judg: meel, according reach to answer any sudden or emergent to the natare and degree of the offres. occasions ;" and therefore propo'es, that
This amendment did not satisfy the offi. there be 9 Aag-officers, 50 captains, 100 eers, and therefore they petitioned the lieutenants, and 30 masters, constantly house of commons to be heard by counsel paid in the manner there specified. It xpaint the bill ; which, the author says,
ferther directs, “ That all officers entitled to raised great prepoffeffions without doors hall pay shall, at all times, be ready to obey against it; and that to examine the foun. such orders as they shall receive from the dalion of these, it was neceffary to explain board ; to which end they are to transmit the origin of granting half pay, the mo. an account, from time to time, to the sotives for doing it, and the conditions with cretary of the admiralty, of the places of which it hath been always attended.
their respective habitations, that so, when The allowing of half pay to sea-officers, his majesty's service requires their atten. he says, was fift introduced in the reign dance, they may the more readily be called of K. Cbarles 11. was originally granted G thereunto." only to Aag.officers, and was some years By an order of council made in the year extended to the commanders of first and 1715, this enablinment of half pay of the second rate (hips. But in 1693, it was re- year 1700, was extended to all the captains folved by K. Williams in council, that the and lientenants which were then unprovided fuo pay of the flag-oficcis, commanders, for i Bui ftill under the fame injunétions to
them, as before, to keep themselves, at all courts-martial to their brother officers hath
article, altho' opposed with such vehe. From this account of the half pay, he mence, does not place the half. pay officer in argues, that hall-pay officers were always a worse ftuation than what he now stands obliged to be ready at a call, and that even A in ; that instead of increasing, ic rather the common law would perhaps be open diminishes the power of the lords of the ada against one that should refuse to serve when miralty, and by securing the service of the called upon ; so that the said 34th article veteran commanders to the publick, it seems of the bill was not to create a new species to be extremely necessary for the honnur of offence, but to appoint the method of of the fleet, and the fatety of the nation. trial for an old one ; and by this method • The author then proceeds to a short exe the power of the lords of the admiralty amination of the 33d article, and says, that was rather abridg'd than extended ; fince in the course of the late war several enorby referring the matter to the judgment of B mities had been committed by commanders a court-martial, it thould seem as if they of thips, such as fraud, cruelty, and many gave up their hitherto unquestioned nghe instances of a similar nalure, which were of Atriking the offender off the lift of offi. fuppos'd not to be cognizable by courts-mars cers on half pay.
tial, because not explicitly described in the The author then proceeds to Mew the articles of war ; and that for this reason it necessity of this article, by observing, that was thought expedient to insert this article as our feet is our great security, we ought in the bill. Therefore, says he, I shall now to be continually provided with a sufficient c finith these remarks with observing, that number of able and experienced sea-offi- tho' the defending mankind againAt the ata cers; but that after a long peace, we may, tempts of arbitrary power and tyranny is, upon the breaking out of a war, find our. of all human actions, the moft beneficenc felves absolutely unprovided ; because en- and honourable ; yet the supporting the ingagements on thore, and new habits of terests and extending the immunities of pri. life, might insensibly steal upon our sea-of- vate bodies of men, in opposition to the ficers, and might, without any imputation publick utility and the safety of the nation, on their spirit or courage, divert them is an undertaking of a tar different kind from the thoughts of a profeflion, which D And, whatever name it may be disguised they consider'd themselves at liberty to a. under, is, in its nature, much nearer allt. bandon when they pleased. Whereas, ed to tyranny than to patriotism. hould this 34th article pass into a law, we To this pamphlet there were two an. Shall not only be secured of the service of swers published ; one, intitled. A detection those, who receive the publick pay in time of of be confiderations on ibe navy bill, by a fes. peace, but we thall have them likewise readier, experter, and more present to their The author of this pamphlet begins with profession; because the neceffity of serving E objections to the whole of the navy bill, as when called for, will oblige them to make being calculated to give the board of ad. their profession the continual subject of their miralty a power to endave and ruin, at thoughts, and thereby prevent their forget. pleasure, every one within its reach ; after ting the skill they have acquired.
which, he objects against several particular if it should be urged, says the author, articles, and then comes to the 34th and 334 ; that many of these gentlemen may here- as to the former of which he observes, that after be so far incapacitated by age, or by with respect to sea-officers in half pay, it their former wounds and fatigues, that it has been the settled method to leave notes would be inhumanity to expect their fer: F at the admiralty-office, of the place of their vice ; and yet thro' the pique of some pow. residence, and when any commands from erful enemy they may, for this very rea- that board were communicated to them, by son, be called on, he answers, That this message or letter, they either attended such objection is much Itronger at present, fince commands, or were struck out of the balf. now the admiralty have an unquestioned pay lift. In this method no law was neright to order any half-pay officer on fer. cessary; nor indeed ought any to be made vice, and to strike him off the list of half about it for three reasons. First, because pay, if he disobeys, and perhaps to proceed G this rule answer'd all the ends of a starure, to farther extremities : Whereas, if such and executed itself. Secondly, because such disobedience were to be tried by a court. law is not reciprocal, unless officers in martial, every excuse of age, fickness, or half pay are called upon duty, and predomestick engagements, would doubeless ferr'd in due rotation. And, lastly, becaule have its full force ; fince the severity of the bringing of she admiralty jurisdiction
180 CONSIDERATIONS on the Navy Bill. April upon the land, is an attempt to fap the officer ; and the author, after a fort ac. baris of the constitution, which can admit count of the application made by the sea. of no legal jurisdi&ion on shore to interfere officers, first to the admiralty, and then to with the common law.
the house of commons, examines the pofi. He afterwards observes, that the rule re. tion laid down by tbe considerer, that the garding half-pay fea-officers, by the e. admiralty will not, by the 34th article, ace Itablishment, is clear, rational and self-ex. quire any new powers, nor the officer fufa. ecutive, as neither the crime nor the punifh- A fer any new subjection; as to which he ob. ment can possibly be misunderstood ; but serves, that both the lords of the admiral. by this article it will be otherwise ; for, and the officers who applied to them, lays he, who in their senses ever dreamt were certainly of a different opinion, othera of making a law for the subjecting of one wise the latter would never have made any or many men to the pure, simple, and such application, and the former, out of absolute discretion of a court for un- pure complaisance, would have agreed to certain crimes, under the general term their request of having this article left out of disobedience, which may mean just of the bill. what the ruling power pleases ? If this B The author then proceeds to thew, that was common sense, how cafily might this the admiralty will by this article acquire gentleman reduce our voluminous laws a new and a very dangerous power, which into one, by only enacting, that whoever is that of forcing a half-pay officer upon an disobeys the commands of his uperior, improper service. Upon this he thews, Thall be punish'd at the discretion of the that the admiralty have now fufficient the court of King's Bencb. The meaning power to make a half-pay officer accept of laws, Sir, is, that the offender can never of any service that is confiftent with his commit a crime, but he is aware of the C honour and his duty ; but have not, indeed, punishment which is specially and notorious. power sufficient to force him upon any ly before his eyes, in terrorem. So that service that is not, especially if he be what this gentleman by mistake calls law, one that can subfift without his half pay: is absolute power ; and therefore was such Whereas, Thould this article pass into a thing to be enacted, no man is oblig'd to a law, they will acquire a power to comobey it.
pel any half-pay officer, to go upon any He adds a good deal more, to thew the service they command, let it be never fo uncertainty of this intended law, and the improper ; because they have the appointing many bad consequences that may ensue D who thall be his judges in a court-martial, from it ; and then he proceeds to consider and those judges have a power to infia the 33d article, which he thews to be liable what punishment they please upon his difto the same objection of uncertainty, and obedience. From whence the author con. says, that the confiderer ought to have con- cludes, not only, that the admiralty will fidered, that frauds and crueltics are crimes acquire new powers, but also that all halfcognizable by the coromon law, where pay officers will be brought under not only none that apply ever fail of suitable redress; anew but an insufferable subjection. but had not this been the case, why may E Then he examines the expediency of this not these or any other crimes be specified ? new law, as to which he asks, Can anything for the words unbecoming an officer are vague be said to be experient to be done, that never and uncertain, and the punishment of an was yet found necessary, nor for which the officer, or not, will depend more upon the least reasonable foundation appears at preintereft he has in his judges, than upon the fent to think it ever will be necessary ? Has nature of his crime ; and when crimes are it in the course of this long war, in which not ascertained, what may be eiteemid the utmost strength of our naval power has criminal in one, or at one court martial, F bien exerted, at any time appeared, thac may not be thought fo at another.
the admiralty's summons has been insuf. And afterwards he adds thus : The con- ficient to procure the services of the halffiderer ought likewise to have known, that pay officers, or if one has excus'd himself, in cases really criminal, the admiralty have has there not been ten to supply his place ? a regular judicature of their own, where In the time of the late rebellion, did they matters of this nature may be better triec not chirong to the admiralty to be employd than by a court-martial;
i where the
in any way or manner their fordihips civil law co-operates with the law of the thought it to direct them ? Are there not land, and where, if any thing of this kind G many captains now to be called upon, who is wanting, it ought to be look'd upon as have solicited commands for a confiderable the proper place of redress.
rime together, and for whom no room was The other pamphlet publin'd upon this found? If this then should be the case, occasion was intitled, An examination and where is the necessity for laws to compel, sofulation of the confiderations, by a real fea. where compulfon has not been found ne
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