general court martial, " appointed" by the President. And this very power it is the object of the late law to vest in an impartial and disinterested person. Every one can see the difference between simply appointing a general court martial for an officer's trial-and designating the members of such court martial. In fact, the most dangerous power in the hands of a prosecutor in all cases would be, that of selecting a jury. All juries possess not equal intelligence, nor do all courts martial. What protection, then, does the law, herein cited at length, afford to those unfortunates who may fall under the displeasure of a general commanding an army, or a colonel commanding a separate department? Previous to the late law, a general officer, when he deemed it expedient, became the accuser of an officer; he designated the members of, or in other words, detailed a general court martial, for his trial, and the proceedings in the case were submitted to the same authority, for his examination, approval or disapproval, and orders.

At present, the course pursued, if not exactly, is in substance as follows:-A report is made by the accusing general through the War Office to the President, that he has filed charges (which he probably offers for examination) against a certain officer, and requests a general court martial may be "appointed" to investigate them. The President through the same channel replies, that, as requested, a general court martial is "appointed" for the trial of the accused officer. And here probably the ceremony ends. Agreeably to the letter of the law, the President has "appointed" a general court martial. But has he specified the names of the officers of whom the court shall be composed? Has he debarred the accusing officer from every opportunity for exercising prejudice, injustice and the gratification of vindictive feelings? Is the "appointed" court martial fortified at every point against the encroaches of malevolent imbecility, or the perversion of a court of integrity and honor into a machine for the persecution and ruin of the unoffending and helpless? These precautions, it must be observed, are not taken on the part of the President, (Heaven grant they be needless) in merely appointing a general court martial. Nothing further, it would seem, by the letter of the law is required of him; but it must be apparent, that the power of naming the members of a general court martial, in the particular case under consideration still rests with the accusing officer, and it has been indulged. And this is an extent of authority which he should not possess, and which it was especially intended by the late law to take from him. The evident meaning to be conveyed by this law, however ill it expresses it, is, that when a general commanding an army, or a colonel commanding a separate department, becomes the accuser or prosecutor of any officer, he shall present the accusations to the Se

cretary of War, who, under the orders of the President, designates the members of, and convenes a general court martial. The proceedings of the court are to be transmitted by the Judge Advocate, direct to the War Office-and the approval or disapproval of the President, and his orders in the case, are to be published to the Army by the Secretary of War, in the same manner that all other important orders are published, which emanate from the President. Any departure from this course is a breach of the spirit of the law of 1829-30, and a revival of the odious portion of the 65th Article of War, so repugnant to justice, impartiality and delicacy.

Soldiers have but few rights-and these they hold by a very frail tenure. They should, in consequence, be the more dear and invaluable-and the protection of the law should be called upon to defend them from violation and contempt. He who will not defend his individual honor, will not defend his country's; and no one, not even a private, should make a plea before any court, until he is satisfied that it is legally authorized to inquire into the allegations of which he may stand charged; for otherwise he will prove what his judges may not recollect, that,

the poor beetle, that we tread upon, In corporal sufferance finds a pang as great As when a giant dies.

It was on the 8th day of July, 1812, (for I remember it well) and about the beginning of our late war with England, that I found myself in the command of a gun boat stationed on one of our southern rivers, notoriously infested with alligators, mosquitoes, and sandflies. On the day above mentioned, I had taken an early dinner, and as was my wont, ordered my boat, (the Captain's Gig) to be in readiness. It may be proper to state that I was then a midshipman, and would pass very well for what sailors call "a green horn," for green enough I was, God knows. From some unknown cause, there had been seen during the morning, asleep, or in motion, an unusual number of our western crocodile, the alligator. Every thing agreeably to my usual order had been prepared for a shooting excursion, and I hastened in the boat preceded by my trusty boat's crew (two

boys) and by old Reuben James, (boatswain's mate.) And who has not heard of Reuben James?* But to my story—an almost incessant and uproarious discharge of musketry was soon heard by the good citizens of the good town of W off which the aforesaid gun boat was anchored—and which I regret extremely to hear was the cause of many mishaps; but as old Reuben fired twice to my once, his sins are to mine as two to one. To proceed:-Reuben and myself had discharged our muskets so often and with so little effect at the almost impenetrable backs and sides of the many hundred alligators afloat, that I concluded to end it by directing him to steer for a small inlet then in sight, and apparently about a half mile distant. On closing with it, we found a beach of white sand, about one hundred yards in length, covered with shells of various kinds, thickly surrounded by cane brakes and undergrass -the whole opening presenting an area of perhaps an acre.

The boat's bows struck the beach, and with a boat-hook in hand, I leaped on shore-scarcely had my feet touched the sand, than a single and almost deafening roar was heard, resembling somewhat that of the irritated lion. The tall and thick reeds shook as if by a tornado, and with horrific eyes and open mouth, a tremendous alligator appeared in view, rapidly advancing towards me. What was to be done? I was entire

*NOTE BY THE EDITOR:-Reuben James was the sailor who so gallantly stepped forward during the attack upon Tripoli, and saved the late Commodore [then lieutenant] Decatur's life; the incident is thus narrated in the Naval Temple. (See pp. 31 and 32.)

men.

"At this moment Captain Decatur was informed that the gun boat commanded by his brother, had engaged and captured a boat belonging to the enemy; but that his brother, as he was stepping on board, was treacherously shot by the Tripolitan commander, who made off with his boat. Captain Decatur immediately pursued the murderer, who was retreating within the lines; having succeeded in coming along side, he boarded with only eleven A doubtful contest of twenty minutes ensued. Decatur immediately attacked the Tripolitan commander, who was armed with a spear and cutlass. In parrying the Turk's spear Decatur broke his sword close to the hilt, and received a slight wound in the right arm and breast; but having seized the spear he closed; and after a violent struggle, both fell, Decatur uppermost. The Turk then drew a dagger from his belt; but Decatur caught hold of his arm, drew a pistol from his pocket, and shot him. While they were thus struggling, the crews of both vessels rushed to the assistance of their commanders. And so desperate had the contest round them been, that it was with difficulty Decatur could extricate himself from the killed and wounded that had fallen around him. In this affair, an American manifested the most heroic courage and attachment to his commander. Decatur, in the struggle, was attacked in the rear by a Tripolitan, who had aimed a blow at his head, which must have proved fatal, had not this generous minded tar, then dangerously wounded and deprived of the use of both his hands rushed between him and the sabre, the stroke of which he received in his head, whereby his skull was fractured. This hero, however, survived, and now receives a pension from his grateful country."

ly unarmed, for I had let go the boot-hook, and my gun was in the boat-no time, however, was given me for reflection, before the rough voice of old Reuben was heard-" Mind yourself, Sir-side out there, Mr. Z.-give a broad shear, or that there feller will be aboard on you"-and a second had not passed before the sharp report of a musket, and the whizzing of a ball near my ear, were heard in quick succession; and the monster who had nearly approached me, made several desperate plunges, turned on his back and died. The ball had pen

etrated his skull.

That was well done, Reuben James!"

"Why yes, Sir, I think as how some of your spars mought ha' been crippled, and mayhap your upper-works carried away, if that damn varmint had run foul on you. But I brought him up with a round-turn-howsomedever he's nothing but a marine arter all, seeing-as-how he dont belong eider to the land sarvice or to the sea sarvice, as I can understand, but a small smasm of both. I hopes as how you'll remember me sir, when we get on board sir?

*

"I understand you, James; and you shall be supplied with materials enough to splice the main brace tion!"

to your satisfacHours passed, and at 6 P. M. I found myself on board my vessel. Reuben James was liberally supplied with what he most loved-grog. I felt of course grateful to him for his service of the day, and willingly indulged him.

*

I was seated on the taffrail (for this indulgence is sometimes allowed on board this class of vessels) when—“ere his ha letter for you, sir"-disturbed my meditations. "Ah! when did it come?" "Habout han 'af hour hafter you vent hafter the halligator, sir"—" and who brought it?" "Hi did your honor," was the reply from my cockney steward, whom I had sent on shore, and directed to call at the post office. I received the letter, which I found was franked by the Hon. the Secretary of the Navy, and hastily broke the ominous black seal, but ere I could get a glimpse at its contents-"I think as how, sir, that the pea jacket of that there varmint or sarpint, or whatever colors he may sail under, whose cable I clapped a stopper on somewhere about four bells ago, mought do for sarvice for the hause, or scotchmen for the rigging and backstays, and mayhap for many little odd jobs about the deck." "Keep silence, sir, and go forward," was my reply; and old Reuben, with his usual broad grin, returned to the forecastle. I descended to the cabin and read the portentous letter; my father, to whom I was devotedly attached, had died suddenly.

* When an extra allowance of grog is given on board a vessel of war, it is called "splicing the main brace."

Night came on, and with it a calmness and tranquillity unusual in this very busy river; no such tranquillity reigned in my breast, for my feelings were agitated by a thousand conflicting sensations; I could not of course sleep, for there was no soothing balm to invite slumber, and when the bell tolled eight, which announced the hour of midnight, and to me that it was my watch on deck for the next four hours, I had not closed my eyes. -I took the deck; a strong easterly wind had just sprung up, and the tide was ebbing at the rate of two and a half or three knots per hour; the vessel I knew to be securely moored, and having no active duty to perform, I paced rapidly fore and aft my very limited walk, the quarter deck, and memory brought before me the early days of my boyhood, and I took a retrospective view of my childish gambols under the widespreading trees of the still dear place of my nativity; of the many, many happy hours I had known with him I had just lost, who was the only parent I ever knew; of my friendless and isolated situation at that moment; and I must confess that I gave way to a burst of feeling, bitter, poignant and almost overwhelming. I was but a boy then.

*

With solemn and measured strides a marine performed his tour of duty in the starboard gangway, and another on the forecastle, whose rough and monotonous voices were heard ever and anon, as the bell tolled the hours of the night, proclaiming "All's well."

At the distance of two cables' length astern, lay gun boat No. 1007, called the Tartar; and astern of her, in nearly a direct line, was moored the Snorter, or 1066. I have neglected to say that my vessel, No. 1067, was classically called the Sneezer; whether the Secretary of the Navy, or the commanding officer of the station, stood Godfather in naming these vessels, I was never able to ascertain; but such is the fact.

I had continued my forward and retrograde promenade until about 6 bells, or 3 A. M. and I must confess that the vessel and every thing thereunto belonging were more distant from my thoughts, than probably any thing else in the world, when the thousand and one visionary castles I was building, suddenly vanished as airy nothings, at the sentry's startling and loudly proclaimed "All's well;" and however strange it may appear, they were succeeded by an almost overpowering inclination to sleep; to yield or not to yield was the question. My better genius softly whispered in my ear, "Any officer who shall sleep upon his watch, or negligently perform the duties thereof, shall suffer death, or such other punishment as a court martial may adjudge;" while her abortive sister, to whom I listened (I do confess with much more complacency) in a boisterous tone urged a speedy surrender to the potent god of sleep, whose influence I then so sensibly felt. Which was to be obeyed? In