Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-08

uerstand the motives by which i was influenced /.
haa oeiieved him to be acquainted with the
orders, should not have sent them tohim.
Vuestion. In that letter, you state a pro-
posai unsuccesofully made to me, through Mr..
Samuel Hambleton; on what day did YOU AIN.
thorizc MIR. Harnbleton to communicate that
PROPOSAL BE precise, if you please, Sir, as to
the time.
answer On the morning of the day of tho
exhibition OF the final charges. am certain
more tnan twcnty-tour hours could not have c.
iapsed between the proposal and the charges.
Question. In making that proposal, was il
your wish and intention TO concilitate the differ
ences which, unhappily, existed between us
Answer. My motive was, a sincere desire
to release Lieutenant Kennon from all unn,ea-
SAINT consequences to the charges. l made the
proposal, too, in conformity with the orders of
the Secretary oftlie Navy, and to relieve my
sell from the imputaton which might be cast
upon me, of blasting the prospects of young
officer.
Question. In making the proposal, did YOU
expect or intend, that l should receive and act
on 1t IN the independent spirit and temper be-
lifting every gentleman, adjusting a difference
with another gentleman; or, that should re-
ceivc 1t as 4 condescendiDg proposal coming
from my superior officer, which, as an inferior,
was bound to receive?
Answer. did not intend it as condcscen-
sion, on my part; and did not expect that YOU
would receive it in that light.
Question Is there any rule Of naval SER
vice, either express or customary, under which
an inferior officer, in matter not of service.
but of personal honor and character, is to be
considered as not on an equality with an officer
of higher grade,
To this question the Judge Advocate object
ed; and the court being cleared, it was deoi-
ded that 1t was improper, and irrelevant TO the
matter in ISSUE between the parties, and tbot
it should not be put to the witness.
The court was opened, and the above deci-
sion read.
Question by accused. Was MIR. Hamble
ton, In his first application to me, authorised by
you to bear TO me any direct proposal, or to in
form me that you had sent him to make a pro
posal; and, ifhe was, how was that authority
given?
Answer. He never was authorized by me TO
bear my proposal but once, and then he bore
proposal dictated by me, and written by him. of
which, desired him to give Lieutenant Kennon
a copy if he wished.
Question. Was itsigned by you? If not, why
was it not so signed?
Answer. 1t was not signed by me, because
did not considcrit necessary it should be sign
ed. 1t was message, and committed to writ
ing, In order that there might be no rnisunde,
standing.
Question. Was it addressed to me, If not.
why was it not so addressed?
Answer. You were named in il, and I did
not CONSIDER it necessary it should be addressed
to you.
Question. Did you address any note to MIR.
iiambleton, empowering him to make any pro-
posal2
Answer. / did not.
Question. If you meant fair and candid ex-
Inv ri
ting your hand and name to any thing
Answer. 1t did not proceed from caution
Mr.. Hambleton appeared to be the warm friend
Of Mr.. kennen, and appeared sincerely DESTROYS
TO bring about a reconciliation.
Question. In the adjustment of difference.
by an officer and private gentleman or with
an officer of equal rank, is it consistent with
usage, orwoulditbc deemcdproper to receive or
any proposal, neither addressed to
HIM, or written, Or signed by the party offering
it but vouched and authenticated only BY the
verbal declaration of gentleman bearing it
Answer. have had very little experience
ON that head: fortunately have had very few
and cannot say what is the custom
in those cases. l conceived the letter / had
received from Lieutenant Kennon, n short time
befsre as an appeal to my good feelings was
willing to indulgc him, and was not very particu-
lar as to the form.
4ucslioh' w dS IL your proposal, that on my
giving you written declaration, that no I'M
friendly motives aetuated me IN the publica
ton which drew forth the remarks i'm the
+" Georgian" you would be willing to withdraw
your charges, and suppress all proceedings in
the case?
The witness here requested to see the written
proposal referred to, and the same being handed
to him, he admitted that it oas the proposal
made by him to Lieutenant Kcnnon. Where
upon, it who read to the court, and referred to
Appendix which see, marked 81.
Question. Did you make any offer, or prono
sal, to do justice to my character and feelings
or to take any measures 10 remove the imputa-
ton on me of falsehood, malice, and baseness.
or was your proposal solely to withdraw the
charges, and suppress all proceedings
Answer. My proposal was solely 10 withdraw
the charges and suppress the proceedings.
Question. In your Anonymous publication in
the Georgian, you had publicly assaied nv t,ri.
vate and professional character. In your letter
TO my commanding officer, Capt. Hull,) de-
my arrest you charged me with false
hood and malice. In the charges you furnish
ed after my arrest, you had strongly inti.natod
that had forged or fabricated letter. You
the irnputation Of falsehood and ma
lice, and charged me with using base means TO
dcfame yonr character. Whenycu authorised
Mr.. Hambeton to offer that proposal, did Won
sincerely believe or expect, that / would, or
ought, as an officer or a gentleman, TO accept
your PROPOSAL Would You have accepted it from
your equal in rank, who had publicly charged
yon with aisehood, basenes and malice1
The witness here begged leave to state TO the
Court, that he had never admitted thathe was the
author of the publication in the Georgian I'll
he had misunderstood questions, and given an
swers to them which by misinterprotation may
bear such construction, he now entered this
explanation on the record. He had distinctly !