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


Every well wisher to the creti, and success Of this
prosecution must hope, that its character for name
and determination, should rest upon some less
equivocal evidence, than the power to Withstand
the instances OF this shadowy phantom of menace
As YET, certainly, no infirmity Of purpose, in the
course oil the prosecution, has given ground for any
doubt, either OF the active courage or the passive
forsitude by which Il is upheld; and shall be the
last to undervalue the efficacy of the tremendous
ordeal to which those high qualities seem to have
been voluntarily destined, by tie manner IN which
they are exerted upon this occasion.
8. am also charged with having taken ,.f,..
under nice eaviis OF law and grammar; with having
taken .aVan'age OF verbal criticisms and legal tech
nicaities, to escape the legitimate conseo,,enc.s as
the charge; and with having manifested more ar..d
oil punishment, than sensibility to Character "a fT
were willing to 60 forth acquitted by the ;dgme,,
Oh tne iaw' nut condemned by the moral sense of
mankind unpunished in person, but furnished :,
lame. 10 little purpose, indeed, have 40 lone
nVed ana acted IN the public eye if there exist =
man VINO eouid' IN his heart, entertain the suspcioo
.nat could Incur any more grievous punsbp,en, :.
ms life than degraded NAME or co,,5 ,.n;r. .. 80.
higher rewad than pure conscience and eno,Is..
reputation. But II 1t were otherwise. and !, ,y.ro
true Tn Z could have been reproached viii 4, \.
sign to escape investigation by resting unon an,
iegai advantage, 1t is without precedent be,;s,,
ei,her IN England or in this country that the Law
\ '~ 6o'SfHncIt, charged with the nduct
OF public prosecution, should have at,emn,.d 80
aiilx stigma to the character OF the accused
SUBSTITUTE Tor legal conviction and punishment. mr.
II 'here De any instance either among the cro,
lawyers OF England, or che law-oicers Of N. ~;
ted States, OF any such eratui;ous nflction nn,,,
me Feelings OF the accused, it has been held nm 40
oe'eoh 10 De reprobated and avoided rather than a.
an .A'nPie 20 oe followed The humane dictate of
PUBIC Justics, IN every such case is thar the ,,.
ana Its ministers, either judically acouit. or idc
ally condemn, without qualification whom. ~,
law aequreth, It's ministers presume not tn con-,
denim; but Tor every moral offence wi.hou, N. COO
nizance OF vindictve justice, the party ia r.n,;,,s
% ms conscience and to the lar OF public opin;on
but In 'his case, my exception the charge turned
Ipon He utter ABSENCE OF any imputation either OF
legal or moral guilt, and upon the vao,s "a 49,,
intelligble phraseology OF its terms or in 90 Ca
any in'eiigle point OF accusation could be deduced
from II, that hinged upon minute and fr;yo,,n
iauit-hnongs, altogether beneath the dignity of IN
dciai animadverson. And now that this LONG rod
OF investigation has had its full swing unlimi,e h,
.,me' place. or circumsta1ce every anticipation Of
the hivoousness and want of gravity in the essen-
tial matter OF the charge, is more than va;sa, =.
| the event. eu ~
Ahe oeienee then proceeded 10 review and die
enss certain questions of legal and critical reno,
which had been the subject of an elaborate ava 49,.
teresang controversial argument between the conn
SCI Oh com. Porter and the Judge Advocate: and
which had been brought on by a prel;r;n.rr
ception TO the I'd charge, in the nature rs ,,,;a
TO quash an indictment or criminal in forma,;or -
winch charge against military man wa, sunnos-
ed 10 De analogous In its frame and REQUISITES. Tb;
part CT 'he argument turned, in the first place I'M
on the sisnihcancy OF the phrases sinsubori;nafe
cohouc,' and " insubordinate letters" which !,
was insisted communicated no ineligible idea of
what sort OF conduct or letters was in,ended,b.,
the adjective Standardization
virtue or quality, practicable of an Individual. NO,
oo TINS newly introduced composition of the adiec
'ive with the primitive particle, express the .h
sence OF any military virtue, or the nresencs &c
any military vice or transgresson of any SORT nv
Degree In an individual. Ifthe gloss put upon i,
ny .ne Judge Advocate, thar this compounded ad
Jec'ive applied to the conduct of an officer er-
pressed, by way of periphrases the smnls 10.
characterization; still the only Ineligible meaning
that could be affixed 10 insubordnation: as ndcat
ing any SPECIFIC act OF misconduct in m officer
was d'sooed,ence OF orders, by which process the
"a charge was reduced to the identical terms of the
nrst. ihen which OF the five specifications it was
asked, bear any relation 10 such charge, II WA
further asked, after the peripfrasis of "insubord
maze conduct" has been reduced to insubordina-
non, how may that quality, in any sense of the
term, be predIcated OF letters! The argument then
proceeded upon the necessity OF having eyery
charge OF military offence brought within the
terms o. some OF the articles of war, by which all
the offences, coenizable by Court Martial, are
enumerated and defined; and insisted that neither
THIS charge nor any OF Its specifications, come
WITHIN the rule. II had been commended by the
Judge Advocate, upon the authority of some loose
ana vague phrases OF one author, which had been
construed In sense directly opposed 10 The most
approved doctrine laid down by himself, and every
other author who had treated of military iurispru-
dence, that Court Martial, besides its regular
functions of rirnina Al mud;
nor, with underlined & discretionary power to lee;s
tate on the character and denomination of military
transgressions This shown TO be either a TO-
tai Misrepresentation of the sense of the author q,
in SO far as he pushed the Jurisdiction of Courts
Martial beyond the limits assigned 10 il by the ar
gument OF Com. P's counsel, it arose from certain
statutory provisions peculiar TO British Courts Mar
ual, and utterly inapplicable to our own. The
defence contained some very curious dsquisitions
upon the constitution Of Courts Martial; their
forms OF proceeding, and the analogies between
them and the civil courts. But it would be diff
cult to give any ineligible and satisfactory state
ment oil these questions, In detail, without more
critical and diffuse statement OF them than consists
with the plan of this report, or the space of time
allowed for the preparation OF il. We, therefore.
pass on to the heads OF the defence against the spe
citicaions, seyidti,n
SPECIFICATION LIST, Various structures were
mace upon Its terms and phrsseology. The in
subordinate character" charged upon the letters
referred to, was said to be altogether uninteigbIe;
Their " disrsspectfm character" too vague and
uncertain TO produce any legal consequence. How.
and wherein they were disrespectfuJ, and even the
person to whom the dsrespect was offered. was
lett IN utter obscurity. That disyespect, in any
form o. words, writ en- or oral, was not recognised
as species OF offence in the naval as it was 10 the
military articles of In the latter il was de6n-
ed and limited by specific enumeration of the per-
q N.hn h. IL