As The Constitution Of This Court Is Altogether New In The British Annals,
I Hope My Reader Will Not Think Me Prolix In The Description I Am About To Give
Of It.
The number of members, including the judge Advocate, is limited,
by Act of Parliament, to seven, who are expressly ordered to be officers,
either of His Majesty's sea or land forces.
The court being met, completely
arrayed and armed as at a military tribunal, the Judge Advocate proceeds
to administer the usual oaths taken by jurymen in England to each member;
one of whom afterwards swears him in a like manner. This ceremony
being adjusted, the crime laid to the prisoner's charge is read to him,
and the question of Guilty, or Not guilty, put. No law officer on the side
of the crown being appointed, (for I presume the head of the court ought hardly
to consider himself in that light, notwithstanding the title he bears)
to prosecute the criminal is left entirely to the party, at whose suit
he is tried. All the witnesses are examined on oath, and the decision
is directed to be given according to the laws of England, "or as nearly
as may be, allowing for the circumstances and situation of the settlement,"
by a majority of votes, beginning with the youngest member, and ending
with the president of the court. In cases, however, of a capital nature,
no verdict can be given, unless five, at least, of the seven members present
concur therein.
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