Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-11
FROM THE NATIONAL INTELLIGRNcER'
NAVAL COURT MARTIAL.

NAVAL COURT MARTIAL. lbf
Continuation of Com. Porter's Defence.
Embracing the I'd charge, of which
Ito make our report the more intel
iigible) we have obtained the perusai
and give the following summary: q
CHARGE -'Tnsubordinate conduct, and
conduct unbecoming an officer"
SPECIFICATION 1st.-That he wrote and
transmitted to the President of the U. States,
| ssaletter ofan insubordinate and disrespecttul
character, ont 18th April, 1896" and to the
Secretary of the Navy, "various letters OF an
insubordinate and disrespectful character, viz:
on the goth January, 10th March, 18th April,
and 18th June, all in the year 1925; thereby
violating the respect due to the head OF the
Department, impairing the discipline OF the
service, and setting most dangerous and per-
nicious example"
NorE.-All these letters, except that to the
President, are to be found in the National In
telligencer of the 30th March last, in the Ma
tional journal of the 10th June, and in Com.
Porter's pamphlet.
SrEc1r1cArIoN 2d.-The publication, in
Commodore Porter's pamphlet, Of the pro-
Court had terminated its inquiries, and had
transmitted its report to the Secretary Of the
Navy, and before the Executive had authorized
the publication of the proceedings.
SpEc1rIcAr1oS 3d-"An incorrect state.
ment of the proceedings of the Court" in
the same pamphlet.
SPECIFICATION 4th.-The insertion, in the
said pamphlet, of various remarks, statements
and insinuations, not warranted by the facts,
highly disrespectful to the Secretary OF the
Navy, and the said Court of Inquiry
SPECIFICATION 5th.-That he "did, in the
same publication (the pamphlet before refer
red tol without any authority or permission for
that purpose, make public, official communi-
cations to the government, and official cores
pondence with the government; and, oil other
occasions, between the LIST Oct. 1894, and the
18th June, 1925, without authority or permis-
sion therefor, made public, orders and instruc-
tons from the government, and ofhciai cor
respondence with the government.
tNorE.-This last branch fthe specification
is understood to refer to the same publications
in the Intelligencer Of the 3Oth March, and
National Journal of the 10th June, before
menuoned.l
The second branch Of the accusation
has from the first occasioned me no
little perplexity; which has, in no de-
gree, been relieved by any calculation
in the course of The present trial. Whe-
Their any and what sort of justification
it made incumbent on me, was not so
easy to determine, from any matter OF
elimination, either distinctly pronoun-
| ced, or properly to be inferred from the
| context of the charge or the specihca-
tons.
The process both of the evidence and
the argument, by which the gist OF the
prosecution, and the points on which il
turned, should have been distinctly ex-
planned or openly vindicated, has not
tended to possess me with any more
clear or detailed information OF the
specific quality and degree of the Of
fence, with which / was to be charged
or of the penal consequences supposed
| to be attached to it, than might have
been collected from the extremely
vague and indefinite, if not unintelligi'
BILE, terms of the charge and the speci-
ficaiions. Indeed, the impenetrable re-
serve, affecting mystery, if not studiou;
conccalment, by which such dim and
partial views of these points have been
vouchsafed, would seem to indicate the
darkest suspicious, and necessity iol
a prosecution as unrelenting in its pur
| pose and as INSCRIPTIONS in its means
as could be at all admissible in any lu
diciaI prosecution; as if it were dealing
with some willy and veteran offender
skilled and experienced in all the sub
Titles of evasion, and who was to Of
caught in his iniquities only BY pour
ing upon him upawares, and by CON
cealing from him the quarter OF attack
till the unseen blow, pushed home ane
felt in all its force, should have over
whelmed him with the shame OF oper
detection, while unprovided with :
subterfuge, and cut off from all retreat
| l was Instructed by the clear and un
hesitating advice ofmy counsel, con
firned by as clear an insight into th'
merits Of the question, as could be Cd
tanned by my own commons sense, tt
conclude that this branch OF the accu
sation purported to charge me with ne
offence, Of which this court had any Ju
dicial cognizance; and my own con
science, as far as it had been enlight
ened by any knowledge or conJectlr'
of the transactions, so darkly alluded
to, was equally void Of any offence, z
which any degree of guilt, either iega
| or moral, could be imputed indeed
was clear enough, upon the face OF tn'
accusation itself, how sedulously tint
responsibility of having imputed an!
thing, immoral or dishonorable, hat
| been guarded against; and, accordingly.
| that instead of a definite and Prccis'
charge, supported BY specifications, n
any proper and legitimate sense OF TN
| term, vague censures clothed In ioos'
eeneralities, and in the most amoigu
Gus and perplexed phraseology, mai