Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-06-24

gage meme, peglect 10 clear hi Pip Tor
action. or shall not use his y ncst exer
tons 10 bring his ship into battle. or shall
tail 10 encourage in his own person the 10
ferior officers aud men 10 6gh; courageous.
~, such officer shall suffer death, or:tucaj
other punishment as q court marital snail
adiudge." The last sentence is 10 :hese
words--" And if any person 10 the navy
shall ,reacberously yield or Pasllanlncusly
cry for quarters, he shall suffer DEAN. 90
conviction thereof by acourt marital
Now it is obvious that these provisions,
together with that before quoted, con'em
plale the whole transaction, tfom the hfst
ard mos: remote prospect OF action I'll ne
conclusion Of the combar. The dIiisssns
clauses contemplate the intermediate slsps
Of the same transaction, and MARI ous the
successive offences which may be commit
ed. Thev Act the s:ighies, Panlsament
on those more distant from ,he actusl com.
bar, because they arc Of less eveDtssi IN
Jury. They inflict death for those waich
occur in the moment Of conA'cs. because
misceuduc. IL then irremediabse. The
officer is TO have his ship cleared for &C"
ton Wsy: Certainly thar he may be.
10 a si,uasion to comply with the ne1sIs-
qaisi.ion In the clause, 70 viz; !" use MS
,utmoss exertions 10 briog his ship 10 ok.
,e.n The nsglec, TO clear Tor action eau
therefore Or criminal uaGer The law only
10 hose CAGES o With, VIXEN cleared, II
would be the ddty Of the oGicer9io use
his utmost exeftions to briog his ship 20
b3rslc." Was hi. my da.y with 'he L'o-
paid? My do'y was ceteDce, pot a'iaeS !:
resistance, 90, assault. 1. was my duty
70 use my utmost exeftioos 10 y.ksep ny
ship out Of battle not 10 big her = to
battle" with The ship # friendly power.
Ner did that sb!iga.ion Cease I'LL the, attack
ccmmencsd. lhi. ia,Dneticu 20 clear for
acsino co the prcb.5iiliy Of al engagement,
taken Ia coGnecsion with the clacSe Ga
recslog .hs preparations TO be made, on
sight of an enemy ard with the other
cause, which defines he purposes TOR
which she is 10 be cleared, 20 Wit: ''that
the officer may use he utmost exsr,ions to
briog his ship 10 baslle,'' moss obviously
pre-suppnses q STATE Of war; an engage
meet with az avowed enemy; and ust a
casual and unfoYraeeR yrncnanter with 40
Acknowledged friend. You must b. salts,
fed that the case yves Within ihe corenpla-
tion Of this isw b, fore you apply IL Is
it 10. &C ahsr.di,y IN i,sslf 10 ex'end these
provisions 20 8 case wb'Sh he IegihIaiuse
neyeF could presume would occur; and IN
fac, oeser had oceu.t e,i ill the 22d June.
IA 'easooab'y mjghE it DC exnscted to
lad Jaws tx he puoishmsDt OF thefi III
the code OF ua;lon 70 whcm properly
was unknown.
Vet, uader this law, applicable only 20
state Of war, sm srrs'gned 10 a time
Of profound peace, Cor al occurrence IN
esamfisd il tic history ST naslons.
! The fourth charge has icr is E unda.icn
tbs 9th arneIe of The naval :sg.,la1 ions : / 4
10 In these wofls (" Evsry { ihrer or pti
va'e who shall ;hyoegh caway dice, egli
geoce Or dlsahrcticn, IN ttaae ST action.
Withdraw from or keep cne o. oa,tIr, or
shall not do his Ii Wc.. 10 take az destroy
every vessel which ii shalt d. hi, dn 10
enc9pateE; or sEa.! no. Gu his utmost en-.
deayor 20 atfrd seiivf TO =hirs belonging
TO the U1ie SAFES, svtry such 1hsndsr
shalt. on conviction tbereof By general
ccurt martial, su Ger death or sach Q
iher punishment ss.hs said cart shall! al.
judge"
That ], was my du,y TO destroy The
eopard, il scs'csble, after her attack
admit. i5o' This do.y res ed from the
great ptinclpie OF IA ura. and nom oal law,
which an.hosisss the destruc,ioo Of an
asss'lsnt, attempting to enforce an parga
teous demand; AID uos fyom the n;omy