each other; some of them embracing offences of no less criminal a dye than fraud on the government, and false muster; whilst others were of a description that, even if proved, censure should have been the extent of punishment attached to them; but, though one was altogether abandoned by the prosecutor, and most of the others disproved by his own witnesses, the court, by one sweeping clause, adjudged the whole to be in part proved, and sentenced Captain Browne to be dismissed from his Majesty’s service; a proceeding which, whether with reference to its informality as connected with charges of a serious nature, or to its sevetity, stands without a precedent on record.
It requires very little acquaintance with naval, or any other species of law, to discover, that such a sentence could not be legal: it would be absurd to comment on the hardship and injustice attendant upon a system which would at once confound all the varieties of offence, whether they were of a nature derogatory to the honor or moral character of the party, the result of a moment of irritation, or the consequence of a blameable warmth of temper. The following opinion, however, of an eminent counsel, places the subject in so clear a light, that we think it cannot fail to be acceptable to our readers:–