Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-09-16
DOMESTIC.
From the National Journal.
COURT MARTIAL.
TNUnspAY. SEpr. !!

| THURSDAY, SEPT. 8.
| DEFENCE OF LIEUT.. RAHaGE.
The Court having heard the evidence OF Mr.
Pinclsney, Lieut.. Rsmage rose and delivered his
Defence, in nearly the following terms:
Mr.. President and Gentlemen of the Court:
No trust be more sacred in its character than
that which is committed to an officer, when by his
country, the sword is placed in his hands, for the
two-fold purpose of defending It's honor and pro-
tectng its interests. BY this act, implied con-
tract is entered into, less Ineligible r its con-
ditions than it is reciprocal in its obligations. On
the part, obedience and fidelity are required a
liberal construction OF conduct, and due reconl-
pense for services are guaranteed on the other
The duties imposed on the officer are clear and
comprehensive: if he, who neslects them, has
every thing to tear---ie, on the other hand, who
iulhls them, has every thisg to hope. l, is not 10
be denied, however, that the most conscientious dis
charge of his duties W i'll not always shield an officer
from danger and difficulty. Envy and malesoience
are not confined within the pale OF civil society-
ll-organixed minds and unbrided passions are to be
found even In those professions where the obii.a-
lions of union for the defence should be a
perpetual bond OF brotherhood; and where The iepu-
tation OF all the members should be regarded as one
common stock. Against evils emanating from this
source, the officer aggreved has alternative but
10 appeal 10 the protecting arm of his Government
and TO demand that iairirial before board of his
lei officers, which The rules of the service pro-
vide, and by which biz innocence may be establish
ed, and his reputation purhed from The foul stain
which the breath of cslumny may have cast upon
II. So long az his own conscience acquiis him OF
reproach, he has no cause to dread the decision oil
Court thus constituted In the honor aud integrity
of such tribunal, he will find seven-foid sined
against the assaults of caumny aud misrepresenta-
uon. There, truth alone Is the touch stone by which
every statement will be tried; and there invidious
siander and unfounded contumely will lie stripped
OF their disguise, and exposed TO nfainy and conlu-
sion.
| 1t is in the confidence of such feelings, Mr.. Pre-
sdent and Gentlemen OF the Court, that rise, lhis
day. inexperienced and unussisted as am 10 eniei
| upon my defence against the accusations alleged
| against me by Lieut. Wobert. The charges add
| specifications have been before you, and have
dergoue the fullest and strict investigation
All the evidence, which, after so long lapse OF
time since lie alleged commitment OF the offences
10 which they refer, could be brought forward Ell her
by the prosecutor or myself, has been produced
and the result is in the bosom Of the Court Had
these charges been brought forward and acted upon
at an earlier period, when all the witnesses
ry to prove my guilt or innocence could have been
commanded, feel confident, that, on the evidence
alone, full and satisfactory il then would hav e
been, the Court could have formed opinion on
which might have relied Tor my entire acquitted,
without the necessity of going into any detailed
defence But after so long interval-and in the
unavoidable absence of much important testimony,
which might, heretofore, have been addlced, IL
becomes my ae'y. both in justice myself and The
Court, 10 examine the test'rorsJ ",''s,-ss peioTe
you, aud 10 make such explanations and comments
as may lead you to such decision will acqui;
you in your conscences, and, at the same
time, do strict and Impartial justice between my
country, the prosecutor and myself
OF the arduous character of the task which have
thus undertaken, can be more fully sensible
than myself. Never, until now, have |, at any
time In my life, made my appearance before mill
I ary tribunal, either in the character OF member Oh
witness-of accuser accused and now, for the
first time, do feel myself called upon 10 address
delibera,ive body of any description.
enter, then, upon this difficult and sacred duty
with a profound sense of the magnitude and solem-
nifty OF the decision you are now called upon tc
make. cannot be Ignorant that the charges upon
which have been tried affect not only my life
but, what is TO infinitely dearer-my hitherto
unsullied honor and regulations, upon which, until
now, malice envy had ever dared TO cast ,h,
slightest If, therefore, in the course o
my defence, | should, Notwithstanding my mos
sudious care, express any opinions which th
Court may deem irrelevant or erroneous, | woul,
hope that the Court will feel disposed to attrbut,
such inadverienoies 10 the character and extent o
the feelings which exercise influence over m e. al
well as TO my entire ineXperience; keeping in vey,
the fact, that, through The whole Of this, to me
solemn and artiuous investigation, have stood
alone. unaided by counsel, and wthou, any prolec.
ton, except that which has been extended 10 me
by the Court itself and the Judge Advocate, and fo
which embrace this public opportunity olexpress
Ing my unfeigned Acknowledgements.
The charges preferred against me are three il
number, na,neIy.--Neglect in the performance O
my Duty; Conduct un5ecoming Officer an'
Gentleman; and Oppressive Conduct. The first o
these conains four specifications the second, seven
and tie last, single one. ] shall now proceed L
! their consideration, and, taking them in the orde
in which they are placed make such observations OF
each as hope and trust will be found acceptable
to this Court.
4 Charge THE FfRsr--.Neglect Of Dufv
The first specification under this charge, accuse.
me of several times having neglected TO overhaul
and examine suspicious-loobing vessels which
came in sight OF, on the coast Of CGba, although
requested and importUned 80 TO do by my officers
This charge il founded on mere difference of opr
ion on point of discretion. IL is, in fact an opn
ion of my Junior Office set up in opposition Il
mine.
( As commander OF the United States schoone
Porpoise, exercised, in all cases, my own iudg
ment, a. 10 what vessels to pursue and such we
my discipline, that officer could have io,Dorfs,
ed me 10 pursuit wiz IMMUNITY.
IL is to me matter oil great surprise, and no les
consolation, that, in the arduous and active ser
vice on which was so long engaged, and wber
such multitude OF vessels were pursued and ex.
smned that so few cases have been brought FORWARD
in which my officers differed with me in opinion.
The second speciiit1tion accuses me of recsllin,
boats sent in pursuit Of suspicious-lookng vessels
wien on the point Of coming in contact with them
and sIvins no reason for doing.--This is anoihe
matter oil opinion between my officers and myself
as regards suspic 1Hs-looking vessels; and in ex
plana'ion OF which, j beg leave TO remark TO th