Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-22

interest to prove eractiy al ,chat point, and pre-
clseiy az tchat moment, and under tchat circup,-
stances, the decision was given by the Court.
which stopped the further pro; ecuting my aucs-
ton. announce to the Court, l am not re-
CURED no,o to go farther; that to that defence
the mt er stated IN my rr item motion to invoke
tue aid OF the Court, is ee,y material, and uu-
less tat PdPtr a2I ear on the record; Ise,N Be
depTtced Of important matter, in my defence.
Need offer argument to prove that the records
OF the court, winch are supposed to contain the
very truth, and all the truth of the proceedings,
ought not TO suppress fact which is known to
have occurred during the trial, and the imyo,.-
tance Of ,riich to has defence, the prisoner mr.
gently represents and insists on. The jealousy
with which the law watches over your record.
to prevent the possibility Of any matter not an
pearing which really has occurred, has been
most strongly exempliicd and illustrated ontl,is
very day. The undoubted right Of the writer
to correct his statement, yields to this respect
for the accuracy Of the record. the alteration
can only be made by AN addition to the record
no! by eras,,ye. For if that were allowed, the
prisoner would be denied the means of defeat
Ing the testimony of the witness, which such ex-
PLANTATION, compared with the original statement,
often affords. 800.
This question may seem to have been before
the Court before, distinct proposition, in
winch hare had direddy been heard. An &C
curate examination of the record will show this
not to be correct.
Ny first motion, neuer, an the most distant
manner, alluded to it. 1t related only to nv ap
pllcatlon to the Court to enforce an answer. If
the Court did Incidentally and Without MAJ
knowledge, or diIo,oing any opportu,;,u Of
correcting Objectionable terms or of probing
that none existed, by showing that their sense
as used by me- had been Inexperienced; the
opinion, thus Incidentally and in this cr Darfe
mode, framed by the Court, and which, in its
justice and impartiality, it could not have in
tended to deny me the legal right of supporting
by argument every proposition which is known
TO me to exist, ought not now to bind me, much
less lead to Justification of the record
This, however, is not my only objection.
The peculiar character OF this trial renders II
proper that should be specially careful not TO
allow any thngto appear on this record which
imPutes to me, what my whole life bellies, 4
spirit of insolence and INSTRUMENTATION As the
record will stand, (my motion to the Court, be-
ing included, II appears that some outrage had
even before the Court, been committed on
Captain Porter by me, which the Court deemed
In &C terms so Objectionable" that its insertion
would profane the purity of the record to that
degree, that they dispensed even with the ordi-
nary rules requiring all the proceedings to APP
pear, least it might contaminate. 'Tis true,
that the Court, percevng how frankly and
repair this unintentional wrong, has been
pleased, by their last decision, to express their
willingness to believe it was made inadvertently,
and thank them for this proof of the Justice
with which they estimate my feelings and my
motives That there are objectionable terms, nj
| may not doubt, becauseyou have so said, scanning
them with a less partial eye than may be sup
posed to do. But whatever may be the obcc-
ton, ought to be subject to no greater impu-
i:,tiOn in the eyes Of the Secretary of the NAVY.
and the President of the United States, than
mig Objectionable terms Themselves will warrant.
Nothing must be left to the imagination; which
ii the record remaining, partially disclosing, IN
stead of entirely exhibiting the transaction, NAV
impute to me some greater outrage by that pa
per, than you yourselves have seen in il; and
may think that owe the ndulg ent terms IN which
your last order is wored, yo,s, piy for my I'M
fortunate situation, AMI not TO the degree of nv
| offence.
l respectfully and earnestly ask therefore,
that this representation and the two written mo-
tons referred to IN it, may appear in conforni-
ty to ordinary usage on your record, at the pror-
er point of time in your proceedings, UT in such
other mode as to the Court may seem proper
and fit.
Should inaccuracy OF expression or statement
appear In this paper, or in any sentiment be de-
ducible from any particular word, not in coDso-
nance to its general tone, beg, once more for
all, that it may be construed in the mode to
| give otfence-that may be allowed if need
full, to reform t-and that no one will take cxcep-
| ton at what is not designed to be offcnslye-
The hurry with which it is written in the face of
the Court, during suspension of its proceed
ingS, for the sole purpose of preparing it, and
the want of time even to represent it well, he
offers as an apology, should one be needful, for
| its contents.
| To Je rnny;,,7,eJ