Nelson & His World

Discussion on the life and times of Admiral Lord Nelson
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 Post subject: Unjust convictions
PostPosted: Tue Jan 03, 2012 7:45 pm 
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Location: mid-Wales
Below is a link I came across by chance about a 19th century American military man whose conviction in a court martial was subsequently overturned as unjust.

This set me wondering whether any provision was made in the Georgian navy for appealing a court martial conviction and if so, were there any cases of note in which appeals were successful?

http://en.wikipedia.org/wiki/Court-mart ... ohn_Porter

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 Post subject: Re: Unjust convictions
PostPosted: Mon Jan 23, 2012 11:47 pm 
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Location: Salmo, British Columbia, Canada
I don't know about appeals (like a lot of things!) but it seems to have been common for an officer dismissed the service to be quietly reinstated, and seemingly with no loss of rank.
The example I have posted about previously concerned Captain John MacKellar, who was dismissed in 1802 but reinstated by order of George III in 1804.
He went on to become an admiral.

Another is of course N. J. Willoughby, who was reinstated at least twice.


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 Post subject: Re: Unjust convictions
PostPosted: Tue Jan 24, 2012 12:14 pm 
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I'm not aware of any appeal process, but both convictions and punishments had to be confirmed by the commander in chief, and so he could be petitioned.

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