The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1819-10-06
Mm6ers.

Nicholson, M
1t. Gallagher,
-Page,
Benz +. Bourne, Judge 1dpoersc.
convened on boad the frigste Guefrlere ou
the - day Of -, for the trial Of -,
marine, charged with having stabbed man
belonging 10 the + ankiin.
The Court, pursuant to order, continued
its proceedings on board the Gaerfiere, un.
iii the evidence was closed and sentence pas
scd, when II adjourned 10 meet on shore al
Aohles, the uext day, in consequence of the
indisposi'ioo Of the Judge Advocate, where
having revised and signed the secofd, they
adjourned, without day."
"Thc proceedings and sentence being
sent To the Commander in Chief for his sp-
probation (ss the iaw~squiresi) we're by him
declared illegal and Of no effect-.arsf, be-
cause the CoYr, had been on shore, 10 disobc-
dicnce of his order requiring il TO be held on
board the Guerricre and secondly, that il had
been held where the Uni,ed States had no
jurisdic,iou--cousequvn,'y having no juris
dicton there over the % u nee charged agains,
the prisoner, he was ordered 10 be discbars
cd from srresi, and the proceedings dssnst
him anuulled.
Tho Commander 10 Chief revived the
Court by signal 10 receive this communica
tion, to which by way Of rema,k hc added,
tina, satisfied these irres su'ari,ics 90 the
part of the Court had prneesded from inad-
vor,eeen, hc should not fnrthe<2d1te them
at that time, but isus,.d that ia any fusnfe
proceedings they would DO moro obssrvant
OF the laws and regulations provided In such
~ s,Ls
should not escape TO the prejudice of tho SER
vice"--or words to that effect.
The Commodore considers the Court to
have then dissolved, al,hous he made no or
det 10 that effect, as is customary
"The Court were Of opinion Ina, this com
munca'ion Of the Commodore should fot m
patt of .heir record, Oud IS he had not return.
ed u to them thoy requested II Of him for
that purpose, which was complied with and
the Cour, were further of opinion tba, the
language used by the Comm odore in bis com.
nnnca,ion was a.eensure upon their proceed.
ines--an uuluNihabic. .iDte ference with the
solemn deliberations Of the Court, who, os a
6ody, were PEI Eecily independent OF his con.
troll sGI without the pale Of his rcproof.---
Not having been dissolved by the Commp-
dore's order, the Court still considered itself
IN existence, and resolved 70 convene again
to vindicatc It's honor and dgniiy against the
imputa,ioo of lhs Commander IN Chief The
Court did meet and q resolution was upani.
mously passed 10 that effect, bat the squad.
ron being ordered to sail, nothing further was
done in IL until its arrival at Gibraltar, when
the Court was convened by signal from the
President, TO act upon the re solu ion, which
was accordingly dvpe--whsa it was sent TO
the Commodore.
"He (the Commodoro) considers this act
ofthc members Of the Coust as declared in
language highly disre.pec,ful TO him as their
superior oflicer---insul,ing to his rank and
euibori,y, and subvcrsivo Of his power--,hat
the Court was no longer 10 being, ~ having,
as he bad an undoob,cd rigb, TO do, snnullcd
its proceedings and discharged the prisoner.
That signal made (wbile be was pre- seut)
ordering the. court to meet, was sontemw
OF his power, and tho meeting of the officer.
Tor th,t'objcct, an psurpation of authority TO
erect the mselves into a tribunal contrary to
law, end for 90 other purpose than to bring
him into contempt and to violate ,he funda-
men'a! rules enacted for :he subordins,ion
and discipline OF che Service"
"The Members Of hcCouri dissvow such
an intention, and offer their tribute Of respect
to the person and character Of the Common.
der in Chief but sos,sin the opioion Of their
eorhorase rights and .tae resolution founded
thereon. The Commander in Chief declares
the meeliog to have been unlewtal, the Ian
guage disrcspectful and insulting, suspends
The officers from. command. and prefers his
charges, Sc.
Cubd.-The London papers continue
to urge, with great carnestness, the ad-
vsntagcs 20 be derived by England from
L. e 80 .,><.