Qualifications necessary for members of courtsmartial. Rule of seniority. Composition of the court dependent on the selection of president. It appears, from a comparison of the different requirements in the Act, that there is no condition prescribing that an otherwise qualified officer be on actual service aboard any vessel before he can become a member of a court-martial; for the test of liability is presence at the place where the court shall be held.' Thus any qualified officer on full pay holding a situation in a dockyard (with specified exceptions), or in the coast-guard, or any such officer belonging to a ship lost or taken by the enemy, might be liable to sit on a court-martial.3 Seniority is the principle on which a naval courtmartial is constituted; the prevention of a partial selection of judges the reason assigned for its adoption. The practical operation of the rule of seniority is very much modified by the Queen's regulations.5 For the nomination of the president rests with the authority empowered to order a court-martial." The choice of the president is directed to be made in reference to the nature of the offence to be tried.? The relative rank of the members depends on that of the president." Consequently the constitution of the court within 3 It is obvious that such an officer could not sit on a courtmartial touching the loss of his ship; for no man can be a judge in his own cause. 4 Adm. Rec. 20, No. 22. 6 Naval Dis. Act, s. 50 (14). 5 C. M. arts. 3 and 4. 7 Queen's Regs. art. 3. 8 Naval Dis. Act, s. 50. Nos. 5, 6, 7, 15, and Queen's Regs. art. 3. the prescribed limits is determined by the selection. of president, at the discretion of the Admiralty at home, and of the officer holding a commission to order courts-martial abroad. The actual possession of his commission is not required to decide the seniority of an officer: for the Admiralty were advised under the repealed Act of 22 Geo. 2, c. 33, that official notification of promotion was the test: but now officers can only be called upon to sit at courts-martial according to their confirmed rank.1 to be As soon as a president is appointed, it will be his Officers duty to summon all qualified officers junior to him- summoned. self present at the place where the court-martial shall be held, with the exception of lieutenants: if their attendance is required to form a court, a day's previous notice must be given by the president, and the four senior lieutenants present summoned to attend.2 After notice of a court-martial has been given, and the name of the president announced, officers eligible to sit as members must hold themselves in readiness to attend.3 president. When the officers summoned to sit as members Duty of are assembled, it will be the duty of the president to ascertain that the number present corresponds with the number summoned; and if not, that adequate reason be assigned for the non-attendance of the absent officers. The president will then, i Queen's Regs. C. M. art. 5. 2 S. 50, Nos. 15, 16. Queen's Regs. C. M. art. 4. 3 Queen's Regs. C. M. art. 4. 4 See Ibid. Grounds of exclusion. Prisoner's objections against members of the court. in conjunction with those officers whose duty to sit in the court is unquestioned, determine the validity of any personal objection which may be raised against any member of the court.1 The following are instances of just grounds of exception : Where an officer has previously been a member of a Court of Inquiry and given his opinion on the charges at issue. Where an officer is personally interested in the matter to be tried.2 Where an officer is summoned to give evidence on the trial.3 After these preliminaries are satisfied, and the required number of members attained, "the names of the officers composing the court shall be read over to the prisoner, who shall be asked if he objects to being tried by any member of the court. If the prisoner shall object to any member, the objection shall be decided by the court. If the objection shall be allowed, the place of the member objected to shall be filled up by the officer next in seniority who is not on the court-martial, subject to the regulations herein-before contained." 4 Any of the previously enumerated grounds of exception, not before made known and determined, ought to be allowed, if urged by the prisoner. It is presumed that the court, in considering objections, would act on principles similar to those 1 Queen's Regs. C. M. art. 9. 2 Ibid. This 3 Opinion of Law Officers, Adm. Rec. 3, No. 11. exception would not apply, where the evidence relates only to the character of the accused. 4 Naval Dis. Act, s. 53. observed by criminal tribunals, when a juror is challenged on cause shown; thus a challenge would be allowed on the ground of some presumed, or actual partiality in the juror; as if he be of affinity to either party, or in his employment, or interested in the event; or if the juror has expressed a desire as to the result of the trial, or any personal animosity, or an opinion as to the guilt or innocence of the prisoner.' As soon as the prescribed form has been gone through, and the prisoner's objections, if any, decided, the constitution of the court-martial is complete.* 1 Archb. Cr. Law, 139. 2 If the required formalities be not observed, and the court be not legally constituted, the sentence will be altogether invalid and void; and the prisoner will be liable to be tried again. Opinion of Law Officers, 1846. Adm. Rec. 22, No. 14. CHAPTER VI. OF THE DUTIES OF THE JUDGE-ADVOCATE AND WHEN a court-martial is ordered, and a president nominated, the president designate appoints an officiating judge-advocate in the absence of a judgeadvocate or his deputy.' The president designate, as soon as he has received the order, is required to give directions for all the necessary preliminary proceedings; he is responsible for their immediate execution; he must take care that a copy of the charge against the accused be delivered to him twenty-four hours before the trial at least, except in cases of mutiny, or other circumstances of urgency.2 The delivery of this copy, and the general direction of the procedure before a court-martial, form part of the duties deputed to the officiating judgeadvocate. As soon as the officiating judge-advocate has received his appointment, and the accompanying instructions, from the president designate, it is his duty, within a reasonable time before the trial, 1 Naval Dis. Act, s. 52. |