Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-01
NAVY DEPARTMENT,

April 10th 1924.
GENTLEMEN: 1 have had the honor to re-
ceive your letter of the 9Th, requesting full
transcript of the proceedings OF the Court Mar
tIal, IN the case of Lieutenant Kennon, to be
used by his friends, in further yipdication of his
character and conduct, and have reflected on the
reasons urged bysyou in our late interview, why,
In your opinion, these proceedings ought TO be
made public.
The opinion heretofore expressed, and the
course pursued by me, have been governed by
reference to the interest of the public, and the
duties OF the department., without regard to the
wishes of Commodore Porter, or Lieutenant
kcnnon, neither Of them having personally or
directly made application, either for copy ofthe
proceedings, or for publication by the Depart
ment. Soon AFTER the trial, 4 friend of Coinmo-
dore Porter expressed wish that they might be
published, and copy forwarded to him, which
declined. Your request is the first on behalf
of Lieutenant Kennon, and appears to me to
be of the same kind, and to require the same
decision.
In my letter to Mr. Stevenson, dated Goth
March, gave the view which then took of
this case. | have reconsidcrcd it with the at
tention demanded by respect for your request
and opinions, and it still seems to me correct
In the exercise of my best discretion, and with
out any possible individual or personal feeling,
determined not TO publish the proceedings, be-
cause it was contrary to the custom of the De-
partment; because the parties were both alb
sent from the country and because believed
1T would resust in injury to the service & those
concerned. These reasons remain unchanged
and cannot, therefore, consistently with nv
sense of duty, make the publication.
also stated, in the letter referred to- that, al
though believe 1t bcttcrthat no copy should be
furnished TO any one, yet it would not be reftis-
cd, Should 1t be requested by the parties, with
wow to such use of it as becomes their duty to
the scrvice'in which they are engaged. No such
request has been made. Both left the country
without it, and so far as am informed, without
desiring thcr friends to obtain il. Lieutenant
Kennon was in Norfolk, several days after the
sentence of tue court, and the opinion of the
Department was communicated to him, and hc
expressed no dissatisfaction, and made no re-
presentation of any kind on the subject. Under
these facts, think it improper TO yield copy
to the friends Of either of the parties, TO be used
in their absence, and for which they can, in no
way, be made answcrable.
1t is unpleasant to me to deny what you re-
quest but, it is impossible 10 draw distinction
between yourselves and other citizens uncon-
nccted with the parties or to yield copies of of
fetal papers especially Of this description with
out strong reasons FOR so doing. But, although
satisfied that my determination COMFORTS with
the public interest, yet, if | err, and any evils
are likely to restlt from the course pursue it is
pleasant 20 me TO know that you have, in your
official stations, ready and convenient means to
relieve both individuals and thepublis from them /;
relief as gratiiyingto nc, as it can be 10 your
selves.
l am, very respectfully,
Your obe1ient servant,
SAMUEL L. SOUTUARD.
Hon. AvpzEv STEPHENSON, and
NJ ARK ALEXANDER,
Housc Of Representatives..
WAsH1SGToN, April 20, 1924.
DEAR Sta: We beg leave to inquire whether
you have received joint letter, written by us
eight or Ten days ago; and, if so, whether the
request it makes will be complied with.
Very respectfully,
Your obedient servants,
AND. STEVENSON,
NJ. ALEXANDER, Jun.
SAMUEL L. SoUrHARD, ESQ.
Soc retarv of tho Navy.