by John Marshall

“ That by virtue of the said statute, all officers and soldiers serving on board his Majesty’s ships, are amenable to a naval court martial, and that they could not imagine that any regulations made by H.R.H. the Duke of York, could have any authority in the fleet, more especially when they are at variance with an act of parliament. ”

“ Captain Tyler, on his return to England, obtained the command of the Warrior, 74, and served with the Channel fleet until the spring of 1801, at which period he accompanied the late Sir Hyde Parker on an expedition to the Baltic, where he continued till July ”

“ Having adverted to this occurrence merely for the purpose of pointing out an authority that may be consulted whenever a difference of opinion may arise between naval and military men, with respect to the extent of the authority with which commanding officers in the navy appear to be vested, for punishing soldiers of every description, according to the rules and articles established for the discipline of the King’s ships ”