Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-25


await him, If they be proved. lie ought to ec
from Tins Court cashiercd and forever dishonor-
cd. Bull they be uufvunded, il is the right
and the province Of this Court, 1.-THE circumstan-
eos OF inc case warrant il, TO do something
moro titan acquit him: TO restore, as far as they
may deem proper, his name and Character, and
70 P.'o1o'tncea censare on the prosecutor, who
him.
The authority of the court to do this is un.
doubted; 1t IS stated to be peculiarly proper, to
prevent oppression by superior officers, and the
rracucal illustration Of the rule, has been given
oiten IN the British Navy, where no adn,irai can
oy Inns rank, shelter himself from the censti's
winch court martial, trying a prisoner, may
pronounce on the Prosecutor. refer the court
10 history, and to fireworks of highest authority
on 'nS suolcct tue work OF a great lawyer and
naval Judge advocate, M'Arthur, pages 2O4, S.
., 7-SaJ, 4, S, and / pray these passages
may be received as part of tins statement for
want oftme TO copy them in this note. Tile
counsei OF the prisoner would not be understood
as anticipating the opinion of the court on any
matters which have been or may be, under Its
consideration; much less does lie say on behalf
oil the prisoner, that this case will eventually
prove to be one in which this authority of the
court ought to be exerted. These considera-
tons rest only with the court, and on the facts
10 appear IN evidence. But the prisoner be-
iisYes, that in his person has been made (undcr
thc forms and pretcnce of service and discipine)
an experiment, r7'inous to the service, and de.
structiye to the discipline of the Navy; that in
case m which there was nothing Of pro/ sssion-
al duty, IN his character, feelings and honor. as
man and rs an officer, have heen OUTRAGED .
that he has been goadcd and tortured by success
siye wrongs and contumely; that the forms of
naval trial had been rcsorted to, because he had
dared TO complain, in terms however moderate
and chastcned, Of these rcry oaaruges /; that at
tcmpts have been made, ever since his arrest, 70
'nsnnidatc or to dishonor him. From eombi-
nation oil srch matters, he expects to make out
case, IN which perhaps, the court may find it
proper to afford him that indemnity which the
naval law allows this court to give, by declaring
the prosecution to have been peratio,ts and ma
Aeious, and TO afford to other officers in his ST.
tuatIon, the security which ssch ccns,,re
ipo"d afford against similar outragcs All that
the prisoner noao asks Is tcaoc TO offer such LEGAL
eo'denee as ne may, to make out such a case, and
That tins question, which is intended to apply to
that branch of the courts inquiry, as well as to
the more distinct one of the prisoners inno-
ccncc, may not be suppressed.
The counsel has been constrained 10 GO fur
Their in detailing the prisoners plans of defence,
than ne has ever in anv instance in n civil court,
been required or expected to do; but it is ne.
cessary, In order to remove the doubts Sro m the
minds of the court, that the answer TO be given
to this question. could have no connerion Nth
the matter Gtey will have occasion to deliberate
ana decide on. He has, however, done it with
the more pleasure because lie has perce;ye3
scrie indications, that this court, not apprized
perhaps of the whole scope of the defence, have
deemed 1t altogether irrelevant, and, perhaps
unnecessarily painful, and some inquiries which
to the defence contemplated by DE prisoner,
however painful, are indispensable, and if by
this exhibition of the prisoners views, he shall
succeed in removing this ground of lnisappre-
hension, it will be gratifying to him. He has only
tn regret that the short time in which he has
been engaged in preparing this statement, will
occasion 1t TO be more imperfect in matter and
ia expression, than mature preparation could
have made il.