Portland gazette and Maine advertiser., 1806-11-03
r U'ho G No. AS.

HhitH HC ana uCIldICg IOiI0UCFdlCQ DF
the tefimony Of Lot Hall, and Jonas
Windihip are abundantly ample to thew
the neceility of fome extraordinary, and
vigorous meafures on the part of the De-
fendant upon this location. Under the
impreffions Of the moment, it would have
ieemed idle to put Harding under guard
merely; and to wait until the next day to-
profecute for fine of forty fhillings,
would have appeared, as the Defendant
believes, in the higheft degree contempt
ble F.; and had no other notice been taken
OF Noah Harding, and had the Defend
ant tamely yielded to any fuggeftion that
fuch were competent puniihments, he
cannot but feel an opinion, at this mo-
ment, that he fhould have difgracad his
commiliion, and deieryed any I'D treat
ment, which even Noah Harding couli
have been guilty of towards him.
To the allegation that the laws have
been wantoniy violated and power abu-
fed BY the Defendant, in the inIliction Of
this Puniihment, he can only exprefs his
utter altoniihment, and will not attempt
to anfwer II; no one VIII believe it, and
Noah Harding alone, could have made
the namgleG aiIertion.
The Defendant, as i before alledged,
believed that he was jufihed by The law
IN this whole proceed ing.-Ifbe is n0t,he
Is amenable to the cizaf laws of his coun-
try, and the action perdins agaiHft him,
az HaTding's fuit, VII afford him ample
jufice. But fhould tn Court adopt an
opinion that the Defendant Is liable in a
civil action for damages, yet there is a
very material difference between this cafe
in Court Of civil jur.fdiction, and in
Court Martial. This Court are by no
meansconfned orreItrided by the rules Of
civil law-it is court Of honor
court formed to fipport the proper au4
thority of officers and foldieis to pun
ifh crimes aud mifdemtaHors both Of Of
ficcrs and folders, againf its ufagcs, laws
andcuitoms; to fupport and maintain the
rules OF honor and decorum in the militia
ny government, and TO pUnifh thofe who
are dliobedient, diforderly and unprnci-
pied. To apply the principle and max
inns of ci7H tribunals rs iazU in Y Cart
Martial, would defeat the end Of i.s IN
ftltutlon. Here a man is to be tried ~
bis motiUeJ thefe, and variety Of cir
cumfances, which the itrif rules Of cipR
law would exclude from cait in cizjH
tribunals, are generally and very brotrrly
admitted here. III flcb Courf aJ ibis,
1t NAV happen, and it often has happen
ed, that an officer is iuRifed and bonora-
bLy acquitted, when he has, very appar.
emily exceeded his authority, urged By
the peculiar circumstances If the cafe,
and prompted by nerrliitv IF ihHiCfing
lpee6y & efeauai Pur iihmsnt. NJ 10
frances might be meu;ioned wi1,rs fuch
would be the deciiion GA CORR Ma-f,aL.
The Defendant will only csi -r- atten-
ton Of the Court to recent clf-. with
which It IS believed, fom- of them are
already acquainted. Capt. Leonard of
the United States army, dsemed it nscel-
larry TO punifh with frvtrity, and on he
Ipot Eykere the eyfAce 1vaJ committed, 4
folder under bis command thie he did
by inllictiug $50 laiheS on the offender,
avitbont The jen:eHce ofa1y Coarf 1Eorfial,
contrary to the Marfici Laqv. IL was
tried by fret a Gourt, rron his charre,
and the .fad Pro7'ed hutur ne WI Edtr-
alton Of TIE circu .Rauc BY the Court,
be zvo5 acquitted Qvifb bonor becaufc il
was cafe, where he ia a. operations
of formal jhRice would have pl odnced an
e1rI, for which, perhaps, mere mauiaL
Iaqv, by regular deciGon, could never
have afforded remedy.
TheDefendant prays each member oftfe
Coury, 10 fupp IL his Gtua;ion to be that
of the perion hers charged, and under the
unprecedented circumstances in the pre-
tent cafe, TO read the law herein rtcittd,
unconfcious that any detifon had been
given upon it, and then to decide whtih-
CT any other moti4e ought to be a,tmbu-
ted to the Defendant, than that finn hon
eft zeal TO iupport his lawful commend,
to repel premeditated infu,t, TIL fuppuis
Threatened muiiry ID bis COMPANY, Nv.
making Harding, the ringleader. public
example, and to ueter others from ike
outrageous attempts to trampleupon the
laws of the government. Should the
Court till believe that the Defendant has
cried, the only impreilion which can be
made by the evidence, is that it was the
error of Judgment, and not of intention:
and iurely, if in any pofiible cafe, an Of
ficcr Is To be protected for. the mere er-
ror Of judgment-imagination cannot
fuggef a more convincing argument in
favor of the Defendants dcquittal with
honor than is preiented by the circum-
RANGES of the cafe now before the Court.
Perhaps the Defendant ought TO apol-
ogize to the Court for his trrfpafs upon
their patience, but the evidence is 10
multifariouS, that he has been under a
neceffity oftaking up much of their time
IN order to notice AL, that might be
deemed important. II lisa cafe ofnewim-
preffion, at leaf nths part ofthecountry,
& infinitely more important asst reipe0s
The public, than as it refpe6ts hirnfelf.--