American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-26
COURT MARTIAL.
WASHINGTON CITY, TUESDAY, A

The room DeE: Ciearcus Eesouc Vi pfoScSo-
The defence not having been transmitted, the Court
came to the following resolution;
Resolved by the Court, That this Court has felt and
hbired disposition, during the progress of this trial. TO
allow every indulgence TO the accused which the most eau
ions regard to his feelings and wishes could dictate That
with this disposition delays and Of practice have
been submitted to which the Court has reluctantly acqui-
csced: That arguments, instead of being prepared when
offered to the Court, in such state to be annexed to
the record have, after an ample allowance Of ne been
delivered orally, and equal length of time afterwards
consumed in committing the same to writing: That in re,
gard the Defence after having waited for unusual
period Of time was fact delivered to the Court oral
~, and written document, has not been presented TO
the Court this third day after its public delivery The
Court feels raned to notice this conduct which it
not pass without expression OF its Misrepresentation,
and has determined that unless the paper is ready by the
meeting OF the Court the Court WI to
Judgment without it. And is requested Of the Judge
Advocate, that copy of this foregoing resolution be trans
ntted 10 the accused this afternoon
At O'clock the Court adjourned I'LL 10 O'Clock tonor-
morning.
August 10The minutes Of the proceedings of yester-
dav were read
The Judge Advocate stated that compliance with the
wishes of the Court, he had left letter directed 10 Cap
Porter, containing copy Of the foregoing resolutions
with the counsel Of the accused yesterday on his return
from the Court
The Defence not having been tranamitted the Court pro-
cceded deliberate upon the charges specifications, the
evidence that had been submitted and what had been al
legged in behalf of the accused and during the debera
lion, the defence upon the first charge was communicated
Court, annexed and marked (P After having
fully and maturely weighed and deberatcd upon the mat
ter the Court is opinion the specification Of the first
charge fuy proved and docs adudgc the accused GrII
TT Of the first charge.
The Court Of opinion that the first specification of
The second charge proved in part That it fully prov
ed regards the letter 10 The President Of the seven
day Of April 1925, and the letters to the Secretary
OF the Navy OF the 3Jt day Of January, the 18th day Of
April and the 14;h day of June, 1825each Of which the
Court conceves to be OF the character attributed to them
IL the said specification; but does consider the letter
m The 1G,h day March liable the csnsure and
rs mentioned letter. the
Court is of opinion that this specification is not proved
The Court is also Of opinion, that the second third fourth
and fifth specifications Of the second charge fully prov
ed The of opinion that the second charge is full
g proved, and does, accordingly, adudge the accused
GriLTY of the same
In deciding upon the first charge, and the specification
under it. the Court however, feels itself called upon to as
crbe the conduct Of the accused which is deemed censu
rablr to an anxious disposition his part TO maintain
the and advance the Interests of the Nation, and os
the service.
The Cor; ais, thinks proper to state, that in deciding
that the Third specification proved, it is oil the opinion,
that far respects the inaccuracies on, ny the
Judge Advocate, in the paper annexed to the record and
marked No. u.s. this specification fully proved but the
Court To believe that the errors and inaccura
res therein Indicated the result of design Of i'm
proper motive That, with tho exception Of such
~ have been particularly noted, The publication by the
cused Of the proceedings Of the Court OF Inquiry, appears
., be u correct transcript OF the record.
In forming its opinion upon the fourth specification, the
Court satisfied that the is fully proved in the fol-
In The Advertisement "By the conduct of the Court
which the aubjec, referred for investigations was
driven from its presence and prevented from making the
explanations on which founded my justification"
intte ycmarks "a Z" could not consent 10 defend
myself before the Court against any charge whatever until
i, leg av had been decided by competent authority It'll
Ill cod appear before terms OF perfect equality with
INV until cld be allowed 70 protect myself i'll
ne which might appear to me most proper without
submitting defence the inspection OF the Judge Adj
,ucae, who had right TO decide in my case; or to the
eooo Of the Court who would thereby have exercised
founded law or justice and without the FISK
Of undeserved reproof.
Inn Is: "ut it was the duty Of the Court 10 decide
whether not competent the decision as to
its belief on the subject oath, all that was required
BY me- aud the question could have been decided by the
Court as readily and well before it after the in
~uctons of the Secretary had been received that it did
decide in the first instance, sufficient evidence that
doubts then existed as TO its legality
"Under all circumstances then, / had nothing 10 lose
or apprehend by my wi hdraws from the Court. and
nranl, saved very useless sacrifice Of my feelings Tex
rept in lis department toward me while before it, could
do me neither good nor harm Court more poweress,
and yet MUre calculated to alarm tic accused, was per-
4 Laps, never formed'
against by the Secretary of the Navy the Secretary OF
ie Navy selected Judges, two of whom were JUNIOR to
The Judge Advocate who is the frtmnm no6'te oil all
Military Courts received his appointment from the Sccre
tly and is his warm friend and frOtege Under these cir
custancrs may readily be imagined, had every thing
apprehend and nothing 10 hope for while before the
'ou and defend myself under the conditions imposed
On me, would have been worse than useless"
In the remarks in p. ST. appears 10 the Court to be
implied that all the documents upon which the Court OF
Inquiry founded It's opinion were contained IN the pamphlet
"a (which not the fact. The Court also includes, as
proof Of this specification, the second paragraph Of the
NJ paper marked f. in 40 Of the pamphlet .
The Cnur does therefore sentence and adjudge the said
Captain David Porter be suspended for the term Of six
"a months, from the date hereof.
Having come to the aforesaid determination, and the
residue Of the Defence not having been transmitted, the
Court for the purpose Of enabling the Judge Advocate 10
prepare in due form, and record the said findings and
being after four O'clock adjourned till eleven O'Clock to-
morrow morning.
august II The proceedings Of yesterday having been