Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-03-03

ieSce or ccnteWlFs N ~, I hate artHiit
cuentiN guilty OF tie Sa,pe thiEg. l have ire
irentiy, Mr.. PresiIsnt, been in snch silva
ton, and without "A knowledge at IA at Ge
fimei set tie witness does snt inioini taia
court, that as soon a" l was called by captain
Perry, that placed NV hat aud nv hands 10
the situation he described NV Inannu, ot
approaching captain Perry, too, is not enno-
tced IL is represented as bein. in "A Kind at
swagser. confess, MIR. President, ihave GOT
the advantage OF Some men, az rVgartis the
attitude of walking 4, may be- also ,yue, that
sut not remarkable for walking ia a iaud-
some manner; L have proi,ably not paid
that attention TO this particular Us others
have. Every circumstance which tie witness
has stated, may have occurred, and vet by no
means intended as disrespoct, iusoteuce or
contempt Ia captaiu Perry. As have befure
observed, The witness has stated To the Couit,
that when questioned by me as to the circur-
stance, he did not believe 1 intended any
disresPect 10 captain Perry, yet he observes,
lie was bound 10 believe nue., from me soleniniy
asserting that did NOT do not recolrct OF
ever p!et!gliig my honor, or soiemnly .verring
on the occasion. as deemca my word sufhci
ent. i he evidente OF the witness is however
before this honorable court, and they viii
Judge how far II VII affect me. q
have a tai,lt recollection the circumstar.
ces, rs the Inst specification states 10 have
occurred on tire 22d July. l remember, howe
yer, captain Perry's calling or sending for me
on the quarter deck. and pointing ont TO me n
marine who vas badly alfred I confess I
was much mortified To see the situation of the
marine, particularly az had always endeavor-
ed to make the detachment appear as respect
able as possible. mentioned 10 captain Perry
the situation of the guard as respected cloth.
ing, that had addressed him before on the
same subject, aud could mot help il, or words
TO that effect. observed this, I thought. to
captain Perry, iii my usual manner whSn
addressed him, winch I have ever deemed
respectful and polite.
Captain Perry, frem his manner, was evi.
IDENTIFY much ncensed, but presumed II was
more at the appearance OF the marine, than
any thing else for can assure this honorable
court, that SO far from intending 10 treat
Captain Perry with disrespect OIL the occasion,
was astonished 10 find il a charge against me-
captain Perry has been pleased 10 state to
this court, in answer to my question, =" WHY he
did not arrest OF suspend me at the tnne," that
II was from an indispostiou 10 arrest or sus.
pend any osicer where titre was probability
10 evoidit. Daes il not appear them thar
captain Perry overlook ed my conduct on that
ddyf IL was passed over. vas punished,
ipasmuch as received reprinand. Why
then, let me ask ihis honorable court, is this
circumstance produced agsirst me rs a
charge, under the arrest of the 18th Septem-
ber' beg that the court viii take this under
their serious consideration.
with regard 10 tue second specification OF
the first Charge, have to observe that the
letter, as therein expressed TO be written has
been produced TO this court, and will be left TO
ITS wise determination tojudge how far il may
be deemed insOleut and disrespectful. Bat ]
hepe this court will take into consideration
the circumstances under which il was written
l was ordered below on the 10th September.
without Knowing the cause. remained below
Tor two days, under feelings the most uartify-
ing felt no longer able TO bear the indignty
which / conceived in the manner attached i'm
sending me belnw. The wise and salutary
laws of our country provide for the punish
ment of offenders in any situation, and also
afford redress TO the injured. Had neglected
my duty, or acted in any manner uubeconina
officer / vii hon
orable courtif the proper mode of proceeding
was not by court martial.
Under those feelings of mortifcatiOp which
l have already observed 10 the court wrote
the letter which is stated in the second speci-
ficatiou of The first charge
The third specification shall duly notice
We come now TO the charge OF neglected dnty,
and its several specifications l am CHARGED
III the hTSt instance of having screened mvself
from duty on the night of the 10th of Septem.
Der, under the subterfuge of being sick As
ms cidr5e, II aPfv~rs, has attracsed no Rtl.e
attention OIL the court, il NAV MOI be aIniSs To
dwell little on it. am accused of resorting
TO the subteriuye of sickness, i'm order to eyade
the exercise OF my duty. In the first place /
shall observe, that in the numerous catalogue
OF diseases by which we are occasionally attic.
ted, many often occur where il is entirely i'm
possible tor the most sasacious physician to
detect the'naiure and extent, by ANY external
signs. They may eiude the most subtle tact of
medical art. For Ike truth of this fact an.
iii.
These cases, or indispoSifion, too, may be so
sudden and severe, as TO disqualiiy us mmedi-
ately for the exercise duty. But IL is asserted
that the commanding officer is not bound to
Behave any man unfit for duty untii he is re-
ported so by the surgeon. But is the surgeon
bound TO report every case OF sickness imIne-
iiately OIL iiisknowiedSe OF it, without an or
der TO TINS effect from the captain This will
not be found to be the case, in any of the ex.
listing customs or regulations OF the nav9 The
surgeon is ordered 10 make his report of the
SICK at certain specified times, aud never re.
enrs 10 his commanding officer to inform him
OF every individual case, inimed iateiv as ~ may
happen TO be- presented TO him Ii follows then
from the above facts, that in tie case of sick
ness, the testimony OF the sick man must ulti-
niateiy he Admitted as complete and Sufficient
e@IdeEce tor IFS existence, that the report Of
silch lpdisposiion is always reg nlated Dv order
OF tue Captain himself. If then. the circunI-
stance OF sickness be received as d satisfactory
plea tor incapacity OF dufy, the charge here
exhibited iii this specifications, even ii exaniii-
ed ~ the most rigid mode oireasoniiIg, nSuch
cas- S, rs entirely inVaidateJ. Bnt [ trust (
am not here reduced to the nee essity of appedl-
ing before tbis court, 10 Inc rigid DEGREES of
law, even supposiDg that they Did not ia this
instance, operate In my favor. No, l feel con.
sclons OF Bearing such u reputation among my
fellow men, Us 10 defy the malicious attacks Of
any one. trust 1t will appear to this bouord-
bic court, that the evidence is perfeStly sdtis-
factory IN my behalf.
As TO fhesecOnd and third specifications IN.
der the charge OF neglect OF duty, aud unO.fi.
ccrlike conduct, ! shall pass them unnoliced,
The evidence relative To those specifications, is
before this court. which will Judge how far iny
conduct is repTelIensible.
The last charge of disobedience of orders,
and the third specification OF tile first charge
present themselves 10 view. My prosecutor
has slated To this honorable court, that shen
4 approached him IN his cabin, on the eVtning
OF the 10th of September, that L assumed al
once manner that was IrTitatngm the highest
degree. lie does not inform this court tile
laurtAe I receivpd 80 .,.urnacI,unr ht,,, -, r.