Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-06-15
Mr.. Presideas, aud
Genslemesl st fhe CoNrt,

Alter serving in the navy ofthe y. States,
& II may &c permitted to say asefuily, and with
the approbation of the government tor ten
years; IT is now my fortune to be brought
before you, on charges duplicating my honor
and life However husniiatiilg such sltua-
ton Inig!.t be under ordinary circumstances,
/ hail this moment as fortunate and happy
= For six months the silent victim OF misrepre-
sentation, shall have, Oil this day, all op-
portunity OF vindieating my honor, before an
Intelligent andinspartlal tribunal. Conscious
of my own Innocence, and assured OF the JUS
tice and honor of ray judges, eAIes on my
dsfeace with the proud, and COIN It antlci
s patioa of rescuing my reputation from unlne-
ritsd reproach. In this defence you shall ind
no humanity attempt to interest your feelings
or your generosity. It shall be such as an
cfscer NAV make without reproach; and Of
fccrs receive, withouta blush. 1t shall be
directed wholly to your judgment and rea-
son.
The first charge against me IS For nsg
lisently performing the tuty assigned me :
Under this general imputation, tvs specihck
offences are stated---l8t,~ts That did not vi
SIT the srigate Chesapeake during the period
she remained in Hampton Roads, and before
she proceeded to sea, as often as was in duty
bound to do''-2n,ily, G That when | did vi
sit her, did not, AS it was my bounden duty
s to do, examine particularly Into her state and
condition."
On this charge ought perhaps to say no.
thing would make no comment on it, if
my defence was designed solely for this court.
1t is my happiness and consolation to knov
that you are Intimately acquainted with the
distributor, as we'll as the details ofnavai du-
ties; and on that knowledge would entirely
rely. Bat reviewing power must be exer-
cised on your decision, By those OF whom ]
may say, without desie ming censure, that
they have not enjoyed the same opportuni-
ties OF being informed on naval subjects-My
country too, may deign to examine the details
of transa.tion SO Interesting to her homer
and happiness.-lf solieitude to justify my
conduct 10 the world, naingling itself with my
other feelings, leads me to details no. essen
. tial to your Information | indulge nope
tnat OF viii iiad my apology, ID the gene
rous sympathieS OF your own honor.
The charge explained by these two specf-
cations, presents two propositions the oas
Of principle, the other of fact. It presupposes
and assumes the principle. that it was my du-
ty, often to visit the ship, personally to SUI
perintend her equipments, and examine into
her condition, while she remained in Halnp-
ton Reads. The fact to be established is,
that.I did not perform this duty. You will
readily discern, srs, that failure, ON the
part ofthe United States, TO support either of
their propositions, absolves me from all cen.
sure, on this head. 1t will not be sufficient
TO shew that have not made these examina-
tions--It must be also shewn that it was my
duty to have done SO: For there can be no
guilt In emitting to perform that, which no
duty enjoins | persuade myself that shall
convince you that the charge is bottomed ON
a misconceptions both of principle, and TACT.
In examining the principle of this charge,
will shew that the duties, which it presup-
poses TO have been attached to me, were not
within my province, but peculiarly and ex-
clusively devolved on another oiGcer-If they
were attached to me, they must either have
resulted from the general nature of my COM
mand, or have been enjoiaed by particular in
structions. My instructions YOU will see arc
silent on this subject. Did they grow out Of
the general nature Of my command
You will bear 10 memory, slrs, that the
Chesapeake was lying d,sman,ied at Wash
iugton, when she was put in commission,
on the insended voyage To the Mediterra.
nean-u was designed. that should pro-
ceed IN der TO take command of the SOFA
dron 10 thar sea. Al Washington. 10 Feb.
last, captain Gordon was apnoin,ed n A.,
as captain OF that ship-buI little progress