Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-15


g: Oils publication contributed to nv arrest.
BE certainty mistaken; for in his cross-ex-
asH htion, inc admits that iic had never seen or
h--,I Ut 1t, when INV arrest demanded.
z - fact IS, that his application to Capt. Hull
;,r my arrest, was made on Saturday. the 27tii
Jay OF December, and this publication issued
ron the press on Monday, Goth December. Ii
had been p,csl IN the printers hand before
my arrest asked for and issued before 1t
wa, served. Motives for this persecution can,
therefore, derive no cxtcnuution fiom the Of
fence of this publication, If Offences could be
found in it.
have inti:natel my intention to ask Of the
Court the poor and made luatc atoucrncnt which
censurc on my prosecutor would afford me.
For that end 1t behoves me to bring more dis
tinctiy under your notice, Some other circum-
Stances which tend to illustrate the spirit of OPP
preston with which was pursued, until Capt
Porter perceived that his own convenience was
endangered by the prosecution, TO exhibit this
altered tone, which then lei him To attempt to
triumph, by negotiation, over my fears, my
hopes, or my inexpcriencc: and finally, to de-
vciopc the latent causes which converted his
contumciy into affected indifference.
have before stated, that my arrest was de-
r'anded at the moment of my expected dcpar-
ture for the Pacific. / know, sirs, that it has
been given out, that it was not then believed
that Capt. Hull would not depart SO speedily
and that my tra! might be Terminated in time TO
allow me to resume my situation or board his
ship. But Capt. Porter's letters to me express
~ contradict this. They shcw, that when
was arrested, he believed nc son the eve of de-
p7rtufc;" and that when l applied for my
Charges hc did no. contemplate specify titai.
At the time Of my arrest. he, also, was on
the point OF departure for the West Indies; and
without him, my trial could not SO on, for lie
las been the principal witness To support the
charges Remember, too, that all the matter
now charged OH me. (save capitalization Of the
- which came out after my arrcst.) had
occurred and were known to Capt. Porter,
some time before my arrest; and enabled him
10 adopt that measure sooner.
Connect these facts, and no mind can be so
blind rs not to penetrate his motives. lie hop
eli, By dcfcrring my arrest to critical moment,
that my desire to resume my situation III the
frigate United States, my apprehension of long
detention un Ter arrest, my tcrrors of court
martial, would prompt me TO listen to degrading
oyertures, and thus enable him to triumph over
fnc. II this ailcl it did not enter into his ina
gination that he could be exposed to inconveni-
encc. He meant to sail to the West Indies,
leaving me under arrest, AMI with the same indit-
ference with which we crush reptile in
our path and pass on reckless of the agony i,
cndmrcs.
In this temper, with these hopes, he askcl my
arrest. In the very act Of doing il, lie main
tanod neither dig ty nor temper; but, to poison
the confidence my commander, then bound
on a long voyage, he made his very application
inr my arrest, the vehicle of gross AMI abusive
reflections upon nc.
On the very day Of my arrest, wrote to the
Secretary of the Navy, asking speedy trial,
AMI The detention of Captain Porter as a wit
for me. On that day, | also appraised
Captain Porter that 1 had done so; ana re-
quested my charges, that might lose no time
III preparing for my defence; take the trouble
srs, to examine that letter, and YOU will see il
was one of business purely intended 90 acc2lc-
rate my trial, and not TO invite negotiation.
The reply of Commodore Porter, illustrates
The policy hc had adopted. He perceived from
my communication, the possibility that hc
might be detained, AMI his own measures inter-
rdpted. He did, indeed, Furnish nc with par
tal view of his intended charges; 6, 10 alarm inc
OBSERVATION-DISCLOSURES ancient 81 remote trans
actions, which he afterwards had the prudence
to withdraw. But, instead of combining himself
to the matters on which alone l had applied to
him, he chose to Introduce in his reply some cz-
pressioas respecting his motircs and feelings,
which were altogether unnecessary, if they
were not intended to invite negotiation and
:. tempt me TO solicit adjuIginont. 1 own, ther
never operated on me, for one moment 1t
would have been infImy TO ponder on ncgotia-
ton, while charges snch rs he had made, re-
1naincd unabiurcd and unequ::ocally revoked.
My reply, which he has been pleased to repro
sent as 6 an appeal 10 his good feeiugs,n the
Court will find expresses no other sentiments
Than an ardent desire for an immediate trial :;
disposition to yield every defence of form to OBJ
tam 1t; conveyed in tone which could have
left him no room 10 doubt, that no hopes, no ap-
prchclsion, were likely to bring about the
schemes of adjustment which nc had origin
ally meiiatcd.
You viii perceive too, sirs, that the letter re-
NAMED unanswered for two DAYS; the only re-
ply it asked or anticipated, would have placed
F.. the prosecution beyond his control. 1t remains
for me IL explain the cause of the delay, and TO
notice the measures which were attempted in
the interval.
lave already stated sirs, that on the dav OF
ny arrest, wrote to the Secretary of the Navy.
requesting the detention Of Captain Porter. tc
attend my trial; and that had informed him OF
u. He foresaw then, the possibility of some
Inconvenience to himself But the letter which
he received from the Secretary Of the Navy for.
bidding his departure converted the possibii,
into certainty. He found that his own motion,
were inseparablv connected with nv fate: ht
probably apprehcnded, that tie Government
might moi think it advisable to stop the squadron
he commanded, and it was possible tic loss O
bis command might be tic result Of a long nro
traction of my trial. Other considerations IL
all probability entered into his mcdiaious. II,
knew that public attention bad, about that time
becnanxiously drawn to alleged abuscsin the ma
Wy; that much curiosity, some painful cnxictics
had bccnfcltby lis best friends, and warrncst sun
poftcrs. lie knew TOO, that the change which
had recently taken place in the head of that De
Partnent, had been hailed by the nation as TIC