Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-05-20
DOMESTIC.
From he .Morfolk Beacon

ne yNO1Oh Beacon.
Copy of the finding and sentence of the Naval Gen
erai Court Martial held on board the U. s. Ship North
Carolina, ~, in the of Midshpman ALEXANDER
VAN DYKE, February 1925, together with the decision
of the President of the United States.
The Judge Advocate having read the entire proceed
ings in the of Midshipman Alexander Van DYKE
and the Court having carefully and deliberately weigh
ed and considered the testimony support the char
ges and that adduccd by the accused and his Defence
find the specification of the first charge proved and
the prisoner not guilty of said charge. Thc Court find
the specification of ID charge proceed i prf and the
prisoner gully of the charge of dsrespect TO his supe-
rior officer.
And the Court find the specification of Sd charge not
Proced, and the prisoner not gully of Sd charge.
The Court ts the specification of 4th charge p,ored
with the exception of the word ',matcioLsn and the
coming an officer and gentleman and that the charge
falls under part of the Sd article for the better
ment OF the Navy, passed April I'D, 1900.
And do adIudge the said NIidshipman Alexander Van
Dyke to be dismissed from the naval service of the
ted States.
(Signedl
DANL r. PATTERSON, P,esl.
MORT S. BROOKE, Judge .4dcocue.
The finding of the Court under the first and third
charges is approced The finding under the second
and fourth charges is moi 0pprOccd.
The specification of the charge of disrespect TO his
superior officer alleged, is the writing of letter TO the
Secretary OF the Navy, requesting to be removed from
me SUPP without consulting his superior officer. The
ment reluctantly drawn from Mdshipman Van DIV Eo
hlmse neither the letter any evidence that il had
been sent 10 the Secretary before the Court al
though the production of the letter was demanded by
Tie accused The same is to be observed of the order
from the Navy Department, the disobedience TO which
constituted the alleged dsrespec to his superior officer
stated IN the specification. Neither the order nor its
specific purpor the fact that existence was known
10 the accused, were i'm evidence before the Court
In the judicial administration of all criminal law il is
rue mat every penal sentence upon Che
Incidence ofthc allegations with the proofs ofhe charge
The specification Ofhe fourth charge in this case is that
the accused (tieiy and nciousiy represent ros
officers or other persons, AT Point Comfort that his com
handing officer had collared Lieutenant or that il was
currently reported on board the North Carolina that he
had coared Sailing Master and cursed a AIidshiuman
The Court expressly excluded the wtrl 'sGLlriouslu,
from their finding, and il full evidence before them
that the report which the accused is charged with HAVING
asserted at Pofnt Comfort to have been in circulation on
BOARD the North Carolina had whctIerCorrecv or not
oecn so IN circulation. The taiSciood and ,nIce al
eSed I'll the specifications both excluded from the
charge as proVed the alscoOd, by the evidence before
Tue Court the malice, by the finding of the Corr and
with them disappears all the penal of the charge
ne facts were not pr0red alleged, and the sentence
"t the Court Is therefore dSpproced This decision is
mol intended to convey the opinion that the conduct of
hldshpinan Van Dyke correct The ayo,yaI flat
ne lad written TO the Secretary ofthe Navy and TO mem
oers OF Congress, with view TO he removed from tho
ship made apparently in spirit of defiance was disre-
sPccttnl TO the commanding officer and although not
sufficiently aggravated for dismssion from the service
deserves to be severely reproved
(Signed)