Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-11
LIEUT.. KENNoN's DEFENCE.

LIEUT.. KENNoN's DEFENCE.
Mr. President and Gentlemen Of the Court:
stand before you to-day in situation which
have never before occupied, and which had
never contemplated rs possible: l am here a
prisoner, under reproach and ignominy
Before this tribunal, on which see whatever
can inspire awe by its dignity, rev erence by its
| worth, admiration by its Prowess; in this pre-
sence ofvctcran service, approved valor, and
lofty chiyalry, do come to-day to sustain my
disputed claims 10 the character of an officer
and gentleman. For the charges am to an
swer, put no less in issue. If the 1tythe of them
be true, the sentence ominating from such a
court should and must doom me 10 eternal in
| fanny.
| These charges, too, derive imposing credit
| form the character of my accuser. His high
rank, his long and Heritorous service; tho i'm
portant agency he has had in regulating the
concerns of the navy, justly give to accusations
sanctioned by his authority the probability of
guilt. But has yet higher claims TO confidence
from country whose literature his pen has ex
| tended and adorned, while he has illustrated its
naval merit by his arms. | cannot but own
that you have every probability of nv guilt
which these considerations can afford.
| Before such court, on charges, so vouchcd
and SO supported, am |, an humble Lieutenant
come TO speak to-day. Patronage and rank
and high proofs of public trust and naval prov
ess, or literary renown, have none to sustain
me; and, if had, though have experienced
how much they add to the power of oppression
would disdain to use them. In this irving
hour, present myself before you, but appallec
neither by their number nor their magnitude
aware that on your sentence hangs whatever
I,hold valuable III lifc-my occupation, NV per.
sonal honor, and all the aspirings to profession
| al elevation and renown which, humble as
| am, have dared from my boyhood to cherish
| yet willing to hazard MI: for am sustained by
| conscious rectitude, upbone by that honest in
dIgnation which sense of unproyoLed. multi
piled, and varied persecutionwill always inspire.
Creatures the most abject and tmid become
brave from necessity. The vilest worm turns
on the foot which crushes him. In his last OK
tremity, the timed deer stands at bay, bids def
| ance to the huntsman, and sometimes rends
him. l should be more timed than the deer, vi
Ter than the worm, if the wrongs shall portray
to you to-day had not afforded me their cou-
rage.
Ii, at any moment, the unbidden thought has
come, that the rank, renown, and influence OF
my accuser, winch have enabled him thus far
to pursue me might follow me even here. and
crush me, have repealed the doubt as not less
dishonorable to me than disrespcctfu to YOU.
and disgraceful to my country. No! cannot,
will not, believe that here, l have any thing to
fear but from my dement's. In this au-
gust tribunal, armed with whatever law can
confer of authority, aud graced with all of i'm.
Partially that honor can bastow; before whose
| high decree all rank is BUNDLED, and all naval
Pre-cmncncc stands subdued under whose tu-
teiary guardianship repose the interest of the
navy, the character of its officers and the glory
OF our country, connected with them before
such tribunal | will never believe that the
humblest individual in the service can. if inno-
cent, be borne down by any influence under
Heaven. Here, at least, no distinction will be
recognized, between me and the accuser, but
! such as justice creates, and conscience sane
| tons. Whatever may be the event of this pros
ecutioD, it cannot DO imputed to me that | have
employed any technicaiitics in my defence, or
even claimed the benefit Unknown and aclspow-
lodged restrictions, imposed by justice and laws
to limit the range of the accusations or the
proof.
BY the 38th article of the Regulations of the
Navy, intended TO enforce the principle of JUS
ticc Just alluded to, it is provided, '.That the
person desiring the Court Martial shall take
care that the person accused shall be furnished
with true copy Of the charges, with the sDeci-
tcatio',s, at the time he IS put nde, arrest, nor
shall any other charge, or charges, than those
30 cHnloitcu, DC urged against the person to be
tred,'' sc.
This provision Of this law was entirely dsre-
garded on my arrest. Had claimed IFS bene-
Mt, or even confined the prosecutor to the first
charges with which he furnished inc after nv
arrest, this conrt would never have met, or its
inquiries would have been limited to ono and
the weakest Of the accusations, on which | am
now tried. But, though fully apprized OF the
security it afforded me, in my letter to Captain
Porter, two days after my arrest, distinctly
waved IFS provision; courtcj the most free and
rigorous investigation Of my conduct; gave him
unlimited license TO ampry hts charges, at his
own pleasure, on the sole condition that h.
should grant me a speedy trial, and not Withhold
from me, by departing on bis cruizc, the bcnc-
M OF ms oton testimony to rcpcl his otvn accu-
satlons. Recently, indeed, and only a few DAYS
before the trial commenced, Captain Porter. in
his letter to me, stated as you have seen, sqhat
the result Of th, trial, is matter OF perfect in
difference to him." and he has attempted to sup
port this appearance of Indifference by with
drawing his presence from the Court. The
motives and policy of that declaration il shall
be my care to detect, ard trust to Illustrate,
when come 70 exhibit The changing phases of