the 11th regiment of foot, serving on board the Diadem, with part of the regiment embarked for marine duty, being brought to trial, for having behaved with contempt to Captain Tyler when in the execution of his duty. Lieutenant Gerald Fitzgerald, the officer alluded to, denied the legality of the court, and refused to make any defence. The court, composed of four Admirals and nine Post-Captains, overruled his objections to their competency to try him; and having proved the charge, Lieutenant Fitzgerald was adjudged to be dismissed from the King’s service, and rendered incapable of ever serving his Majesty, his heirs and successors, in any military capacity[1].
Having adverted to this occurrence merely for the purpose of pointing out an authority that may be consulted whenever a difference of opinion may arise between naval and military men, with respect to the extent of the authority with which
- ↑ The above-mentioned trial of Lieutenant Fitzgerald was the foundation of an additional article of war, signed by the King, to be annexed to the code for the army, in the latter end of 1795; on which H.R.H. the Duke of York, ordered certain regulations to be adopted for the government of soldiers under the said article, who might be serving on board his Majesty’s ships of war. On these orders being communicated to Lieutenant-General Abercromby, and made public to the fleet at Portsmouth, by an order from the Board of Admiralty, enjoining the strictest attention to be paid thereto by the respective officers of the navy; the Admirals and Captains then present wrote a letter to their Lordships, expressing their utmost concern thereat, and giving their decided opinion, that the proposed regulations militated against the principles of the naval service, inasmuch as they appeared to them to be in direct contradiction to the statute for the government of the King’s ships, vessels, and forces by sea, and must, if endeavoured to be carried into execution, inevitably cause the total destruction of the navy of this country. That by virtue of the said statute, all officers and soldiers serving on board his Majesty’s ships, are amenable to a naval court martial, and that they could not imagine that any regulations made by H.R.H. the Duke of York, could have any authority in the fleet, more especially when they are at variance with an act of parliament. In consequence of these strong representations, orders were received for the disembarkation of the troops in several ships, and for replacing them by Marines. The law therefore stands as heretofore; and by virtue of the statute above-mentioned, all officers and soldiers serving on board his Majesty’s ships, are amenable to a naval court martial, for any offences specified in the naval articles of war. See M‘Arthur on Courts Martial, 4th edit., vol. 5, cap. 9, sect. 7, p. 202, et seq.
