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

suspicious, and necessity Tor prosecution as UNI
releniing in its purpose and interruptions in its
means, could be at all admissible in any Judicial
prosecution; if it were dealing with some willy
and veteran offender, skilled and experienced in all
the subtilties of evasion, and who was to be caugh,
in his iniqui,es only by pouring upon him unawares
and by concealing from him the quarter Of attack,
till the unseen blow pushed home and felt in all its
force, should have overwhelmed him with the
shame OF open detection, while unprovided with
subterfuge, ard cut off from all retreat.
was instructed by the clear and unhesitating
advice OF my counsel, confirmed by as clear an in
sight into the merits oil the question, as could be
obtained by my common sense, to conclude
| that this branch of the accusation purported to
charge me with no offence, Of which this cour,
| mad any Judicial cosnzance: and my own con-
science, as far il mad been enlightened BY any
knowledge or conjecture of the transactions, SO
darkly alluded to, equally void of any offence,
to which any degree OF guilt, either legal moral
| could be imputed. Indeed it was clear enough,
upon the face Of the accusation itself, how sedu-
! lousy the responsibility of having imputed any
thing, immoral or disbonorable had been guarded
against: and, accordingly, that instead OF definite
AID precise charge. supported by specifications, in
any proper and legitimate Of the term vague
censures clothed in loose gene.alities, and in the
most ambiguous and perplexed phraseology, had
been introduced, by strange abuse of terms, under
| the name OF charge and specifications. If.
| SOusSteht WIN the original frame OF
the accusation, has been the method, in which it
has been followed OUT in the proof and in the ar
sument.
! Foluminous masses Of documents, consisting OF
miscellaneous correspondence, and printed PAM
phiet OF more than hundred pages, ere pro-
duced III evidence, under the several specifications
and indiscrimhatsly read from beginning 10 end
without any specific designation, or reference
whatever TO the passages or the circumstances
wherein the offensive matter was supposed to con-
SYST; with the sing exception of the alleged omis
SONS deficiencies, and verbal Inaccuracies charged
upon that part of my pamphlet which purpor,s to
set out The proceedings of the Cour, of Inquiry,
which Were, indeed, youchsafed, after the trial
had proceeded Tor more Than fortni hit. Addi-
tiona masses, little less voluminous of documents
and other collateral evidence, have been introduced
and In like manner, read indscriminately, from
beginning 10 end, without the slightes, ntma,ion
OF the charge the specification, to which they
were to be applied, far less of the teariag they
We're supposed 10 have on any point of the accusa-
ZION, and OF the purpose and Object of their intro
ouctlon In two instances, witnesses have been
introduced to authenticate numerous documents
without naming or describing them, and even
without any enumeration or description of them be-
Ing entered on the minutes which record the evil
dence by hich they authenticated. Our request
TO have these documents openly exhibited and sub
eeted TO our Inspections or, any to be furnish
denied, and all that was vouchsafed 10 US; was an
intirnation that it would be time enough for TO
see and to inspect the documents when they came
TO be successfully produced, wanted, from time
TO time, in the progress the trial. In the mean
time, they have been kept, under lock and key f,
wholly Inaccessible to me; and to this very day
am ignorant, how many, what part, or, indeed,
II any OF these documents have since been found
useful TO subserve the ends OF he prosecution,
nave been actually used as evidence; though pre-
sumo lbut without any responsible assurance OF the
fac that some part of my Official correspondence
with the Navy Department since read and attached
10 the record, constituted part the whole OF
ms strange paradox, Of documents openly proved
In Court OF Justice, and yet unknown either to the
Court, or To the party against whom they were
produced. AT late stage Of the trial, nterroga-
tories are exhibited, for the examination of wit
ness upon deposition. Explanation is asked, and
Juhhesitatingly denied, LIST, Of the authority for
taxing deposition, instead OF confronting the Wit
ness with the accused; as ;ndispensibly required
with few stated exceptions, expressly provided
Tor by statute) in every criminal case, and, above
all, In every capital case; and this, not only in the
absence OF any direct authority be found in the
naval articles Of other law; but in the face
OF an article expressly requiring that the Witnesses
examined before naval court martial, shall be
sworn by the President of the court. I'd Of the
purpose for which this deposition was wanted, and
OF the point to which IL 10 be applied in order
that might frame the interrogatores, which
was called upon to furnish, with discreet fore
cast OF the operation and effect of The evidence npo
my cause The deposition, taken before county
justice Of the peace, after having been held up for
some days. without any notice to that it h been
received Is at length produc and lead the court
under the same silence and reserve any bearing
or relevancy it might be supposed TO have, upon
any matter put in issue by ofthese charges and
specifications: the ofrelevancy and pertinency
to any such matter being apparent upon its face.
10 all these irregularities have submitted; be-
ing wearied out myself & apprehensive of fatigung
the court and exhausiing its valuable time by rails
ing my voice frequently against the continually
recurring alterations from the established and salutary
forms OF procedure usually observed in criminal
prosecutions; and equally indispensable to the due
administration Of justice in military as in civil
court | made this sacrifice Of my right TO CON-
plain and TO demonstrate, with no other hesitation
| but what arose from my reluctance TO sanction
dangerous precedent; the pernicious consequence es
OF which, to the principles military jurisprudence
were incalcuiabe. My own innocence knew to
be too firmly seated in conscience, too strongly
fortified by its internal strength andtoo well guarded
by external evidence, to fear either secret sap or
open assault and it shall be my fault if any trans
gresslons against the wholesome rules of forensic
controversy manifested in the method Of the attack
| upon II, be drawn into precedent hereafter.
| My own reason informed me, and the clear and
decided authority of every approved author who
had treated Of the elements practice OF military
law, was united with underwriting unanimty, in
pronouncing that every alledged offence against
military law, against the general law of the land
must be determined by some fixed and known rule
OF action; instituted by positive law, and defining
the character and degree of the offence, and that il
must be shown, by the terms Of the accusation, to
be cognizable and punishable under such law. The