American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-12
From The National Inteligencer.
NAVAL COURT MARTIAL,

Washington, August S.
The Court met at IL O'Clock, pursuant to ad
Iournment, and the President having informed Com
modore PORTER that the Court was ready to re-
ceve his Defence, he requested to be heard by his
Counsel; and accordingly,
WALTER JONES, Esq'r. rose, and proceeded to
deliver, on behalf Of the accused, defence, of which
We give the following Report:
M President and
| Gentlemen IF the Court Martial
After having endured long and mortifyng sus
pense, t- frown of underlined Indignation and the
anxeties of ambiguous censure, have experienced
sensible relief from public investigation, promis.
ing determlnate issue, on any terms Even the
hard measure that has been dealt me, in the man.
ner and the spirit of the prosecution, both before
and during the progress of my present trial, is am.
ply compensated, whatever be the event, by the op-
portunity afforded me, Of full and open ius;ifca-
ton before the world; and OF submitting my cause
to tribunal, between the members of which and
myself, at least SO much of intelligence and com.
munity Of sentiment exists, as to free me from the
apprehension OF receiving Tess than Justice at their
hands and to acquit me in their minds, from the
suspicion of appealing TO their favor for any more
than justice. If preparatory censures have tended
to wound my feelings, or to pref udice my cause if
a stern and jealous inquisiton have probed every
part of my professional character and conduct where
DTSSnH-
ed defects OF human frallty, mig hit be supposed TO
shrink from the searching point; and, if taken un.
awares by the suddenness Of the attack or the nov
city OF my situation, excruciacd sensbility may
for the time, have broke through the guards that
should have preserved me unmoyed and self balanc-
ed in mind and temper; yet after all, bow, with
humility and experimental conviction, to the mora
system Of compensatons, that b,ingeth good GU, OF
evil; for innocence, made but the more manifest
and trial IL I.:
reverslon that might have animated hope, and en-.
dued me with the passive fortitude of endurance,
through longer and more penal term OF ribua-
ton.
| The accusations, which am now TO answer, pre-
sent this singular features whilst they branch out
into two distinct classes Of offence, the most dis
similar and the most unequal as well in the quality
and degree OF the lega, and moral guilt imputed, as
| in the Importance and interest to the community,
of the principles involved, and of the actions to be
condemned or justified; they all originate in the
same source, and closely connected by the causes
that have produced them, and by the passions and
motives that uphold them.
/ The first branch Of the accusation brings into
discussion the most important and vital principles
of the high and awful sanctions by which national
sovereignty is TO be maintained and indicated BY
arms--while the second hinges upon certain minute
puncos Of cetemonious respect. A devoted SER
want OF the Republic, who had consumed the flower
of his years and the vigor of his life in arduous,
land, as he hoped, acceptable services; who had
looked for approbation if not honor, his reward
for an unstnted exposure to labors, priva,ons and
dangers, so much the more dslnterested as howe
yer beneficial to his country and 10 mankind, il pro.
missed few OF the personal qualifications which may
laudably be sought in the OF the more stsk
ing and brilliant achievements of war who was con-
scious OF having acted with the implicit respect
and exact fidelity, to what he unde stood to be the
views and instructions OF his superors who. with
wasted powers of life, but unt!rng activity and zeal
had exerted, for the fuiflment OF the utos, scope
and end of those Instructions whatsoever of efficient
energy constitution worn and broken in the public
service had left him that such an one should have
been somewhat and impatient under rebuke,
that came like portent and a wonder upon his as.
onished senses, was far natural than that com
plants OF msconstructon and injustice should have
been construed into disrespect and free but deco
rous remonstrance treated little less than mutiny.
In my justification against these charges, must
regret the necessity Of occupying larger portion
Of the valuable time of this court, than any intrinsic
difficulties in the questions themselves might possibly
have required. Bus the terms in which the charges
have been framed, the often complained Of vagueness
and uncertainty of the nature and degree Of the Of
fence intended TO be charged the mystery observ-
ed as to the application of the facts and circums,an-
ces, given in evidence, to the gst OF the accusation,
and the defect OF any advertisement OF the points in
tended to be insisted on in the prosecution that
were supposed to require calculation in the defence:
all these circumstances compel me to traverse a
wide field as well of conjecuraI Of obvious us6-
action
Before proceed 10 discuss any matter of fact or
law, put in issue by the first charge. it may be
full to attain as distinct understanding possible
of its terms, and Of the nature and degree of the
guilt imputed by it.
The general head under which the offence in
tended to be charged is classed and characterized
consists of two members: first, =" disobedience OF or
ders;' second conduct unbecoming an officer"
The FIRST doubtless falls under general description