Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-20
DEFENCE or JIEIJ,r RArIAGF

ne charges preferred against me are three in rum
oei' nefy-Negiect IN the performance of my Duty:
Sohuuct uDoecoming an Oeiccr and Gcutlenan; and
Impressive Conduct. The first OF these contains four
specifications the second seven and the last s;nrle
one. shall now proceed to their consideration and
taxing them III the order in which they ire paceJ make
such observations each hone and trust will he
found acceptable to this Court.
CHARGE THE FIRST-NEGLECT OF DUTY
lac hrs specification under this charge accuses me
OF several times having neglected TO overhaul and exam
ue suspicious looking vessels which came sight of
o e coast OF Cuba although requested and iporu,,
ca SO 10 DO by my officers This charge founded on
! opposition to mine. ~
As commander of the United States, schoouor Dor
pose exercised, IN allcases, my Judgment as 10
"hat vessels to pursue and such my discipline that
no omcer could have unporfne to pursuit with i'm
puDity.
It's to me matter of great surprise and no less CON
soon at In the arduous and active service on which
was so long engaged, and where such multitude of
vessels we're pursued and examined that SO few cases
have been brought forward which nv officers differed
with me in opinion
The second specification accuses mo of roc,l,;,
ooas sent IN pursuit of suspicious looking vessels when
vi Inc point OF coming in contact with therp and
giving no reason for doing This is another matter
Vi opinion between my officers and my SELF as regards
suspicious looking vessels; and in explanation of which
neg leave to remark the Court that at the time al
iuoed 10 SUCH was the excitement produced on the
inds oil all by the acts of piracy then daily committed
' every Vessei discovered was regarded suspicious
MY extensive operations the coast of Cuba are
m after Of public notoriety. The official accounts wee
al Inc tune, published by the governments and in the
epauc language OF the Secretary of the Navy afford
evidence oil my activity and success i'm the
"'schaGe OF my duty. The testimony of every officer
vino served with me has proved the fact and in the few
cases III which recalled boats can only state that il
was for me To be the Judge of such measure nor was
pound 10 give my reasons for doing to my own Off
The third and fourth specifications under This first
charge accuse me ofreceivng insults and nd:cnities
from TWO Spanish vessels of war; without repellur the
same and without requiring obtaining any adequate
atonement. f
i The facts of this case are simply and briefly tes.
ana thnk they arc completely proved by every wit.
ness VINO has been examined in relation to them Early
On 'he morning OF the 7th July, my passage from St
bartholomew 10 st. Thomas, MIR. Kinpston who yas
then officer of the watch reported to me that ,yo lie
were IN sight. Immediately went on deck and ON
looking at them with my glass; discovered they were
vessels OF war; one fnlirgged brig the other her
Fnaphrodite. instantly directed the officer ,o boat "a
quarters and prepare for action, and then ran down be-
tw0'' 'e'" ,-sls AZ, of .o United States f]yinr
'ney showing Colombian colours. Supposins. the full
'gged prs TO be the vessel of the greater force and
commanded by the senior officer steercd for her IN
our course, and while passing the hermanbrobtc bri
sue iireu gun, winch was promptly returned Ifas is
stated me gun was not directed at the vessel il was in
Oh our peculiar position not permitting il TO
oer on her, but certainly not from any orders of mine
/ my great object was to return promptly the fire On
al.
nearing the uil rugged brig, gun was received firm,
hef' ana instantly returned by my orders rhe brig
Then commenced fire npon the Porpose. | was stand
% at his Tune, the tarel platform ON an eav Iad
SITUATION closely observing her with my glass her crew
appeared IN great confusion On hearing the balls of
the musketry pass me, directed Mr. Curtis to wear
immediately, and man the Iarboard guns with the in
entlon of ranging under the briggs quarter and giving
ler orr broadsde In the performance of this act and
while the men were hauling in the main sheet cast
gance at the boom, observed coming over slowly and
thought had time TO take another look al The enemv
with my glass; before it reached me. When however
IT was nearly amid ships, the sail filled on the other
SIDE and 1t then with such force and rapiditv
mat although attempted TO jump the deck before
could accomplish my intention was struck on the
head and fell senseless. Lieut. Curtis ran and picked
me up IN that suation and believe it was the opinion
OF all on board that was shot. When first recover
ed knew not the extent of the injury had received
nor had any recollection of what had occurred The
INST IMPRESSION made on my mind by the information
received was that the firing had ceased then direct
led MIR. Curtis TO board and examine the brig, and de-
nand the cause of the unwarranted attack which had
been made. Shortly after, Spanish officer came ON
board be informed me he had been sept with an apolo
gy from his commander, and his commission for nv
inspection asked him 10 walk below and stated that
would examine it. AT this time was suffering severe
~ IRON the blow on my head. The officer spoke En-
gsn, and presented me his commission signed By the
King OF Spain took from it a memorandum Of the
name and force of his vessel and from him that of fbe
hermaPhrode brig. lie stated that both were national
cruLzers, from Cadiz and bad lately arrived in those
seas, and declared the Of his commander at the
circumstance which had occurred asserting that it was
the act Of his men, and unauthorized by him: and he
stopped the firing lie was able. He then
rendered any apology would require.
As tins time, was informed the brig nearing u.s.
came on deck and hailed Mr. Curtis come on board
did not hear his reply, did ever learn it. either
from himself or Others until long afterwards. When
Mr.. Curtis board he reported 10 me flat the
vessels were his Catholic Majesy's briggs BOWS and
Palmyra, from Cadiz cruize; that he had examined
the commission Of the former, which appeared legal
and that The commander expressed bimselfin terms of
great regret for the affair that had taken place. The
Spanish officer was sent on board by boat from my
vessel his OVID having been stove alongsid and on the
return ofhat boat received the apology presented to
the Court.
i THE SECOND CHARGE
i Conduct t1becoUling an officer and Gentleman
The first specification tbereofis, that had refused TO
receive ladies and other perssas board the Porpose
I'm an unofHcer like and uDgentIemau like manner nm.
der certain circumstances Of alleged distress In sup
port OF this charge other testimony is produced than
that Of Mr. Hook the present Collector of the port Of
Castine and submit it to the consideration Of the