American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-16
WILMINGTON, Del. TUESDAY, AUGUST 49, 1925

Which record the evidence by which thew are an
thentlcated. Our request to have these documents
openly exhibited and subjected TO our inspection
or, at any rate, to be furnished with list and spe
chic description of them, has been denied and all
that was vouchsafed to US, an intimation that il
would be time enough for US to see and 10 inspect
the documents when they came to be successfully
produced, as wanted from time to time in the pro.
gress OF the trial. In the meantime, they have been
kept, under lock and key, wholly inaccessible 10 me;
and to this very day am ignorant, how many, or
what part, or, indeed, if any of these documents
have since been found useful to subserve the ends
OF the prosecution, have been actually used as
evidence; though presume (but without any re-
sponsible assurance of the fac) that some part Of
my official correspondence with the Navy Depart
ment, since read and attached 10 the record cons.
luted part or the whole OF this strange paradox, of
documents openly proved in Court OF Justice, and
yet unknown either to the Court oS to the party a.
ganst whom they were produced. At late stage
oil the trial. Undergraduates are exhibited, for The
examination OF witness upon deposition. Ex-
PLANTATION is asked, and unhesatingly denied 1s of
the authority for taking deposition, instead of con.
fronting the witness with the accused as indis-
pensably required with few stated exceptions, ex
pressy provided Tor by staute) in every criminal
case, and, above ALL in every capital case and this
not only IN the absence of any direct authority TO be
found in the naval articles of war or other law but
10 the lace OF an article expressly requiring that
the witnesses examined before naval court martial
shall be sworn by the President of the court Cd.
OF the purpose for which this deposition was want
ed, and of the point TO which was TO be applied;
IN order that might frame the cross inierrog atories
which was called upon to furnish, with discreet
forecast OF the operation and effect Of the evidence
upon my cause. The deposition, taken before
county justice OF the peace after having been held
up, tor some days, without any notice to me that it
had been received, at length produced and read to
the court, under the same silence and reserve az TO
any bearing or relevancy it might be supposed to
have, upon any matter put in Issue by any Of these
charges and specifications the want of relevancy
and pertinency to any such matter being apparent
upon its face.
10 all these Irregularities have submitted be-
ing wearied out myself and apprehensive Of ia
tiguing the court and exhausng its valuable time,
by raising my voice SO frequently against the con.
nually recurring alterations from the established
and sautary 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
complain and TO demonstrate, with no other hesita-
ton but what arose from my reluctance to sanction
dangerous precedent; the perncious consequences
OF which, to the principles of military urispru-
dence, were incalculable. My own innocence |
knew to be too firmly seated in conscience, too
strongly fortified by its internal strength, and 100
we'll guarded by external evidence, to fear either Sc
cret sap or open assault: and it shall not be nv
fault if any ,ransgressions against the wholesome
rules of forensic controversy, manifested in The me-
thod OF the attack upon it, 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 or practice of military law.
was united with undertaking unanimiiy, in pronoun-
cling that every alleged offence against military law,
as against the general law OF the land, must be de
termined by some fixed and known rule IF action
instituted by positive law, and defining the character
and degree OF the offence, and that it be shown
BY the terms of the accusation, TO be cognizabe and
punishable under such law The grounds and prin-
ciples upon which this proposition may be demon.
strated, and by which the present accusation, after
having that test applied to its terms, is necessarily
excluded from the legal cognizance Of the Court,
have been amply unfolded in the preliminary ex-
ceptions, taken by my counsel, to the I'd charge |
and Its specifications. ln the answer to these ex-
ceptions, the undispused power Of the Executive TO
discharge from service, any officer holding under
It's appointment; in other words, to revoke COM
mission granted during pleasure, is adyerled to- 1t
IS animated that this power has been exercised and
may be again, to protect the Executive from the
conumelles of its subordinate oficers that in this
instance, the Executive was under no necessity to
have RENTED me to Court Martial for trial but
might have judged and punished me, by its own in
herent jurisdiction, and upon the responsibility of
its discretionary powers and that having this inner.
ent power and jurisdiction it has, by the act of pre-
ferrng these charges pronounced its own opinion Of
my conduct and has required of this Court nothing
more than to inquire and ascertain whether guilt
may be explained or paated by any circumstances
of excuse or mitigation. Then, If may rightly
this reasoning, this court is now exer.
csing jurisdiction, eG gratia, as mere concession
from the Executive, without any necessary and legal
cognizance of the matter aud instead Of grave