Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-08-11

were IN operation with my own efforts! that
they ranged themselves on my side as allies, and
and could conceive those wreiches with cannon
on the rocks OF Foxardo be the local authorities:
could respect them such? when approach
ed the spot, learned that the Alcalde, very m
feror magistrate, and one who by no means repre-
sents TIE regular government of the Island. was
either in actual league with the pirates or else
overawed by them, (it is immaterial which, that
the authority under which it pretended that he
had acted, that OF tue pirates themselves. What
was the presumption, was naturally led. nay
compelled TO draw? 1t was this---,ist mob and
magistrate all allied togetllr, and the matter
then comes simply to this. Twas ordered to re-
spect the local government where IL eriSted and
Uds fcN; had all reason to conclude that these
persons were acting against it-they certainly
committing hos,ilities American squadron
who were allies of the local government there
fore asserted and enforced the authority OF that 60
vernmeDt against its own corrupt citizens who were
engaged in violating their duty as allies.
! conclude this part of the subject with the eS-
preston OF my confident expectation that the court
will be OF opinion, that was not only justified III
going far as dill, but bound to do so--ihat,
had forborne, could net have escaped with i'm
puni;y-or had been even acquitted by others,
my own conscience would have condemned me as
having be,ray ed the high trust and endangered the
important rights and privileges committed to my
keeping.
shall now take another view OF the subject
Hitherto have confined myaelf to the inquiry what
my instructions authorized me, what they forbade
me TO do. But suppose have been wholly mis,a-
ken in my Interpretation of them; and that contra
~ to my better knowl ledge, bound 10 presume
that all the persons found at Foxardo, act
ing under tie authority OF the local government
What follows? Have committed any &C, of r,ili-
tary dsosedience OF which Court Martial has
t,t 10 f1tr.s al
instructions, issuedby the Government, not in
cludcd in the meaning OF that article OF war which
speaks OF the dsobeence OF the orders of superior
officer; that article has respect 10 military orders
proceeding from military source, and does not ap-
ply TO the Government of the United States
The power Of the government of the United
States its naval and military officers is two
iod--it may punish them by a court martial, or in
a more summary manner by recalling them from
their command; but if there be true distinction be-
| tween orders issued by government and those b. a
superior officer, then offences against the former do
| no, fall 10 be tried by court niarial-but by an
| act OF the government itself That government,
when II has given instruction officer, is itself
the best Judge how far he has obeyed them; and II
he has in any degree departed from them. it is best
| able tn determine with what motive he has tran
crossed. Now, it is thing very Ineligible 20 all
men how officer may disobey a positive order
given him in definite case; but it is not posi-
BILE 10 understand how he directly d,obey an
order which clothes him with discretionary power,
| TO be executed il a variety Of cases. He may mis-
take but cannot disobey ;f, from corrupt motive,
| from malice, Other evil intent, he violates bis
instructions, he commits, own, high offence; but
whether this is strictly dsobedience of orders need
not be particularly discussed, as it is not even
surInsed, so far ar ! understand. that have acted
| from any such motives in what is now laid on my
charge;it is, the contrary, omitted, / appre-
! bend that did act from my best judgment. Refer
again to the terms OF my instructions and see iihey
are in erms positive that may be said to hay
dsobe yed them? See if they do not confer upon ME
a wide discretion-reier to the clauses which safe
the end and purpose OF the expedition entrusted to
me-see if ali those clauses which lay down the
doctrine OF the law of nations and OF war, and all
those which leave 10 decide whether the local
government, in any given instance, exists and is fell
do not necessarily imply the exercise OF discre-
| tionary power Now there is no precedent where
discretionary power has been given, and lie who
received it is afterwards called answer for DISC
bedience of oders-- disobedience of orders means
this, and nothing else than this, either the doing
what is positively forbidden--the emitting of what
Is positively commanded, the wilful and corrupt
peIversion OF discretionary order.
The leaned Counsel having thus clc-ed the first
head of the defence, and feeling much exhausted,
suggested to the Court the propriety of adjourn
nent till Tomorrow, but professed himself ready TO
proceed If the Court 30 determined.
The Court thereupon adjourned tomorrow morn
ing at eleven o'clock.
SATURDAY, AUGUsr 6.
Continuation of Com. PonrER's Defence,
Embracing the I'd charge, of which 30 make our
|. report the more intelligible) we have obtained
the pcrusal, and give the following summary:
CHARGE I'd" Insubordinate conduct, and
conduct unbecoming an officer
SPECIFICATION Ist.-Thal he wrote and trans
mitted to the President of the United States a
letter of insubordinate and disrespectful char
soter, on the 18th April, ls25;' and to the Sec
rotary of the Navy, various letters of an insubor-
dinatc and dsrespectful character viz on the goth
January, 10th March, 3th April, and 14th June,
all in the year 1926; thereby violating the respect
due to the head OF the Department, impairing the
discipline OF the service, and setting danger
Gus and pernicious example"
NoTE.--AIl these letters, except that to the
President are 20 be found in the National Intelli-
gencer Of the 3o,h March last in the National
Journal Of the 18th June, and in Com Porter's
pamphlet.
SPECIFICATION 2d.-The publication, in Com
PorfeT's pamphie., Of the proceedings Of the Court
OF Inquiry, after the Court mad terminated its in
quiIies, and had transmitted s report the Score
tary OF The Navy, and before the Executive had au-
thorizcd the publication OF the proceedings.
SPECIFICATION 3D. -" An incorrect statement
OF the proceedings of the Court, . ia the same pam
pblei.
SPECIFICATION 4th.--The insertion, in the
said pamphlet, of " various remarks, statements,
and insinustions not warranted ty The facts, highly
dsre-pectful to the Secretary Of .he Navy and the
said Court OF lnquiry."
Specifications 9Th That he odd, in the
same Publication the pamphlet before referred to
without any authority permission for that pur-
pose, make pnaiic, official communications 10 the
government, and official correspondence with the
government; aud, on other o. casions, between the