Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-18

inc entire world rejoice, that he who had put on
inc character OF an assassin received, at the
nahus OF ms inferior, chastisemcnt, and, il need
iul' oeau' Gould Court Martial be found to
cehsure or punish the subatern on the pretext
OF breach of discipline and subordinations
nave put this case strongly, because wish
the praciple TO be strongly felt In doing so. I
dsciaiin all intention to use it as case parallel
WIN hiine. Bat, ii the principle be true, Can't.
iortcr, having voluntarily come OH the stage in
an assu,nejcharacter, ought to play out the port
IL ne chosa to commence anonymous IibeIler.
he should be content to receive the treatment
meritcd by one. He must not be allowed in the
ihiuaie OF the performance, to drop the mask,
aud claim the respect of a captain i'm tie navy
IL is not to be concealed, sirs, that already ;. ;,
OPINION too generally prevails among the Junior
o'hcers OF the navy, that redress cannot be oh
tained Tor injuries committed ON thcm by their
supcriors. will not say this opinion is yarran.
ted by facts, Though no instance has VET oc.
Cured III which redress has been obtained .)bu,
II is not, on that account less true, nor less un
fortunate torthe navy, that it does exist. Blu,
no case fitic inne has occurred, i'm which the on.
preston complained of had not some show o,
service, some appearance Of professional duty to
excuse, perhaps to Justify it. In rhine. none ex.
lst but IN the mere form of trial by court mar
tiai, to punish the contumacy which would not
pasSiYciy submit to injustice altogether FOREIGN
TO the service. do not doubt the firm imnar-
tiaiity OF this court, and venture to anticipatc
such decision as will remove this unf,undcI ~
Plnon, maintain the true discipline of The pavv.
and convince all grades of service that. thou =,
characterization will always receive lis ,ncri,.s,
punishment, oppression shall find neither conn
tenauce nor impunity.
The harmony, the true discipline, the hopo,
OF the Navy, arc iii your hands to-day. III have
sinned, as this prosecution charges me, Strike /,
shall commend the blow which DESTROYS mr..
But, II L am sinned against, il [ have been
wTonged and prosecuted, do not send me bacI,
10 my companions with mere ac1uittaI: rive
me back my honor unsoilcd and entire, as il was
when Captain Porter assaulted it. Give TO the SER
VICE the conviction which it wants; thatno rank,
nolniluencc, Is beyond the reach illegal control
your authority, to do SO, is undoubted and un-
questionable. it is mine to show the power
your province to decide if il should be exorte5
have prcParedt!Ic altar, and bound the victim
1t Is yours to make the sacrifice. shall add no.
thing TO this defence, already too protracted
but to cite the authorities on the subject.
BEVERLY KENYON.
ga 1ic.1Iiltur, J'Igc 20l. As naval and mi
Htary court-martiais are courts of hono,. as we'll
as OF justice, many os the rules like those ofal
other courts, are formed on their own part;cu.
lar usage and practice, and of which some IN
stances have, in the course OF these inquiries,
been given. Although 4 person acqmticd b.,
the sentence OF court-nartial, fan accusaticn
which, ii clearly proved might have, alictc, his
NE or reputation, has not Tic same means of
obttantns' dl.mases for false and malicious nr,,
secuton; this however, is, in some u,crsu,o
compensated IN another way. more conpcr;aj
WIN tne feeiings of men trained to naval or mill
tary lie. For, it is tie usage when a ryosec,t
torhas tatted 10 s,sjstnntiaie clu,res OF sey;o.s
nature, to engraft on the sentence of acnuitt,I
q ce''sure on The prosecutor, 6y declarine. the
charges gyoundiess, Ueratious, and malicious
we have several preccdents Gf CHS, in both SER
wees, on charges wantonly Preferred against
o,iiccrS' "het'er OF superior or lEss.!or rank
Inc accusation ON which Capt. Rowland Cotton.
OF the Alarm FSigate, was tried in 1906. pre-
TERED by the Master. was, in the BODY of the
sentence of honorable acquitt:.I, taciar,d
gfoandtess and malicious. In the case of Cant.
Lee, tue court had, In severe terms reprobatcd
the accuser and his accusation. The charges
preferred by Yice-Adrniral Sir Hugh Pal,iser
(February, 1892 against Admiral Keppel were
adJudged by the sentence of the Court. TO be
malicious and III. founded.
Id. $50. Ii Is melancholy trut., TO observe,
on PeFusal OF Court Martial records, the ma
ny instances OF trials for offences Of fragrant
n':sn''e, which, after the most mature inreStio1
ton, appear iaasu6stantiaL by proof In s,sch
cases, 1t Is usual for Courts to make their ;ule
n'c''t Of dcq~'ttat IN terms deprecatins tie p,o-
| secufoi"S condnct, by adJudging the CHARGES f,
be malicious, oc.rati0us, and .oihoM anu f1,tn1n-
ton.
Id 333. In strict justice to those persons
who may be placed in the painful situations ofc;.
ther prosecutor or prisoner, the Court in al
j~dgstS sentence of acq'tittat, attended rim ar
gTGOatsng circumstances u malice 1iaL cer,tiC,,
on me ptf dProsecusor, ought not to make any
oiheTence III making their disapprobation OF bis
conduct, whether he be a superior or inferior Of
hcer. There are some instances on record. 81
superior officers who have brought interiors to
trial Tor charges that have sen adjudgcd c,les
pat,csous UeratLous, and tCihh0.t am Jois,eltion
There are, also, many Instances where the pro-
sccutors have brought superior officers to trial.
and the Instances ofacquHtal have adiudccd TIC.
charges to have been mliici1us, yeacui;oas. ard
III .Jounded. But there is no instance Of .,
charge brought by an inferior officer against ..
superior, [being marked in tue sentence of &C.
quittai with the word cruei.l Note. What is
enclosed in brackets, is omitted in the original
record of proceedings. T. f.
Id, 334. Those members of a Court Martial.
who think that superior officers feelings
should not be mortified by such strong modes Of
expressions, IN a sentence acguitting an inferior
OF CRIME, that might have affected his life de-
cciye themselves; and do not administer Justice
as they have sworn to do. pcco,uja to tbei, cor
sciences, TO The best IF their uaderst1,,iipgg. nnd
The custom Of Tie Nary IN ike cases. When
false accusation has bccn brought before tIo ri.
bnnai of Court Marital, by a superior Office,
against an inferior, which, had been substantial
ted, might have either aGscted his life. rendered
bin incapable of serving His Majesty. or forever
destroyed his reputation as an o9Icer, and rem
tkenlrn; the sentence Of acnniif1i in ;raticc To-