Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-08-23

feels constrained to notice this conduct, which II
cannot pass without an expression of its dis
appreciation. and has determined that unless the pa
per ready by the meeting of the Court tomorrow,
the Cour, will proceed to judgement without it,
And it is requested of The Judge Advocate, that
copy of this foregoing resolution be transmitted
the accused this afternoon.
AT O'Clock, the Court adjourned till 10 o.
clock 70 morrow morning.
WEDNESDAY,, AUGUST 10th.
The Court met, pursuant to the al, ournment OF
yesterday present all the members of the Court and
the Judge Advocate. The minutes of the pro-
ceedings of yesterday were read.
The Judge Advocate stated, that in compl lance
with the wishes of the Court, he had left letter d
rected to Captain Porter, containing a copy
of the foregoing resolutions, with the council
accused yesterday, on his return from the Court.
The defence not having been transmitted, the
Court proceeded TO deliberate upon the charges,
specifications, the evidence that had been submit
ted; and what had been alleged in hehalf Of the &C
cused; and during the elaboration, the defence up
on the first charge communicated to the Court,
annexed and marked (P.) Alter having carefully
and maturely weighed and deliberaed upon the mat
ter, the Court is of opinion that the specification
of the first charge is fully proved, and does ad--
judge the accused Guilty of the first charge.
The Court is also of opinion that the first spec-
fication OF the second charge is proved in part:
the President OF the seventeenth day of April,
1925, and the letters to the Secretary of the Navy,
OF the 30 day OF January, the 18th day of April,
and the 18th day Of June, lS25--each OF which the
Court conceivcs to be oil the character attributed
to them in the said specification; but it does not
consider the letter of the 10th day Of March LA
BILE to the name censure and, therefore, 30 far as
regards this last mentioned letter, the Court is of
opinion that this specification is not proved. The
'purt 1, n INT he bird
fourth, and fifth specifications of the second charge
are fully proved The Court is OF opinion that the
second charge fully Proved and does, accordingly,
adjudge the accused Guilty of the same.
In deciding upon the first charge, and the speci-
ficaton under it; the Court, however, feels itself
called upon TO ascribe the conduct Of the accused
which is deemed censurable, to an anxious dspo-
stion on his part to maintain the honor, and adj
vance tie interests OF the Nation, and of the ser
vice.
The Court also thinks proper to state, that in
deciding that the third specification is proved it is
of the opinion, that far respects the naccura-
cies pointed out by the Judge Advocate, in the
| paper annexed to the record, and marked No. 10
this specification is fully proved but the court sees
no reason TO believe that the errors and naccura-
ces therein indicated, the result of design or
of improper motive: That, with the exception oil
| such errors as have been particularly noted, the
publication by the accused of the proceedings ofthe
Court OF Inquiry, appears 10 be correct transcript
of the record.
Ir forming its opinion upon the fourth specifica-
ton, the Court is satisfied that the same is fully
proved in the following particulars.
In the Adv ertisement: 90 BY the conduct Of the
Court 10 which the subject referred for invesli-
CATION, / was driven from its presence, and pre-
vented from making the explanations on which ]
founded my Justification
In the remarks, p. "a: " could not consent 10
defend myself before the Court against any charge
whatever, until its legality had been decided by
| competent authority:-until could appear before
it on terms OF perfect equality with my accusers-
until could be allowed to protect myself in the
way which might appear TO me most proper; with
out submitting my defence to the inspection of the
J Judge Advocate, who had right decide in n,
! sc The controI OF the Court, who would
thereby have exercised power not founded on law
or justice; and without the risk of undeseryed re-
proofs
In p. % 90 But it was the duty of the Court to
decide whether it was or was not competent; The
decision as 10 its belief on the subject, on oath
was all that was required by me, and the question
could have been decided by the Court as readily
and as well before it after the instructions
OF the Secretary had been received that it did not
decide III the first instance, Is sufficient evidence
that doubts then existed as to It's legality
" Under all circumstances then | had nothing
Court, and certainly saved very useless sacrifice
OF my feelings, (except in it's department toward
me while before 1t ) 1t could do me neither good
or Farm. a Court more powerless, and yet more
calculated to alarm the accused, was, perhaps, ne
yer formed
" The charge first to be investigated was exhi-
bted against me by the Secretary Of the Navy; the
Secretary OF the Navy, selected my Judges, two
of whom were junior TO me. The Judge Adyo-
rsl @ sxyh M fna IS Ill
Courts, received his appointment from the Secreta-
-, and IS his warm ifiead and prOtege. Under
these circumstances, It may readily be imagined,
had every thing to apprebend and nothing to hope
for while before the Court; and to defend myself
under the conditions imposed on me, would have
been worse than useless
ir the remarks Ia p. 81, it appears to the Court
10 be implied, that all the documents, upon which
the Court of Inquiry founded It's opinion were con-
tanned IN the pamphlet, which was not the fact.
The Court also includes, proof of this specifca-
ton, the second paragraph of the paper marked f.,
in p. 40 Of the psmphlet.
The Court does therefore sentence and adiudee
The said Captain David Porter TO be suspended for
the tern Of six months, from the date hereof.
Having come 10 the aforesaid determination, and
the residue of the Defence not having been trans
united, The Court, for the purpose of enabling the
Judge Advocate 10 prepare in due form, and record
the said findings, and il being after four o'clock,
adjourned till eleven o clock tomorrow morning.
THURSDAY, AUGUST I1th
The Court met pursuant to the adjournment Of
yesierday--present all the members of the Court,
and The Judge Advocate. The proceedings Of yes
terday having been read, The Court proceeded to
sign this the record Of It's proceedings the finding
and sentence.
James Barron, President Thomas Tingey,
James BJdle, G. q Ridgely, Robt. Traill Spence,
Jno. Downe-, y Henley, J. d. Elliott, James
Rsnshaw. Thos. Brown, Chas. G. B. Thompson,
Alex Wadsworth, Geo w Rodgers, Richard