In order still further to circumscribe the chances of passion interfering with the judgment, not only of the captain, but of the officer who makes the complaint, as well as the witnesses and other parties concerned, I think it should be directed, that all offences whatsoever are to be inquired into between nine o’clock in the morning and noon.  This is perhaps the only period in the whole day perfectly free from suspicion as to the influence of those exciting causes which tend materially to warp the judgment, even of the wisest and best men.  The ship’s company take their dinner and grog at mid-day, and the officers dine soon after.  To those who have witnessed in old times the investigation and punishment of offences immediately after the cabin dinner, the importance of this regulation will require no further argument.  At any other period of the day, except that above specified, the irritation caused by fatigue, hunger, or repletion, is so apt to interfere with the temper, and consequently with the judgment, that it should never be chosen for so delicate an affair as an inquiry into details which may be followed by so dreadful a consequence as corporal punishment.

It is undoubtedly true, that the essential characteristics of naval discipline are, and ought to be, promptitude of action, and that vigorous kind of decision which leads to certainty of purpose at all times, and under all circumstances.  But these very qualities are valueless, unless they are regulated by justice.  Without this, a man-of-war would very soon become worse than useless to the country, besides being what a “slack ship” has been emphatically termed, “a perfect hell afloat!”

Independently of every other consideration, it is assuredly most desirable to establish throughout the fleet the conviction, that, although the punishment of flogging, which has prevailed for so long a time, cannot possibly be discontinued, it shall be exercised with a due regard to the offence, and without any added severity on personal grounds.  It is difficult to estimate how essentially this conviction, if once fixed in the minds of the seamen, and guaranteed, as I think it might be, in a great measure, by a very simple Admiralty regulation, would contribute to extend the popularity of the naval service throughout the country.

There are some minor details, in addition to the above suggestions, which it may be useful to consider in connection with them.  All punishments should take place between the hours of nine in the morning and noon, for the reasons hinted at above.  If possible, also, not more than one day should be allowed to elapse after the inquiry; for, although there is always something like passion in a punishment which is too prompt, there may, on the other hand, frequently appear something akin to vindictiveness in one which has been delayed until the details of the offence are well-nigh forgotten.  The captain should avoid pronouncing, either during or immediately after the investigation of an offence, any opinion on the case; much of its influence would be destroyed if the captain were to commit himself by threats made in the moment of greatest irritation; he might be apt to follow up, when cool, a threat made in anger, to show his consistency.