Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-09-10
NO. 00So

the said fourth charge.
In terminating a trial which has
awakened so general and so deep an in
%terest, and in submitting the result to
the Executive, the Court trusts that
the peculiar character Of the accusa-
tons which have been investigated,
will furnish an excuse for appending to
the record a few remarks. When ru-
mors and reports are widelyand indus.
~triously disseminated calculated to I'M
pair the high standing and usefulness
of an officer in whom great trust and
confidence have been reposed, it be-
comes the duty Of the Executive to al
ford to such officer, by the convention
Of proper tribunal, an ample opportu-
nifty Of indicating himself before the
world. To afford this opportunity, and
to preserve from the insidious effects
Of unmerited reproach a reputation
dear to the nation,-won by the hon
orable services of seveu-and.twenty
years; 10 extinguish prejudices and sus-
| picions created by misrepresentation,
or misconceptions of public agents and
private individuals, and, finally, to do
all which the laws, which justice, ard
which honor exact, this Court has been
convened.
Charges and Specifications have been
preferred, embracing all the acc9sa'
tons made against Captain Stewart; an
investigation has been made into their
ruth; it has been conducted by the
Judge Advocate in the most exemplary
manner, yet with a minuteness and
fullness calculated to leave no doubt or
cloud of suspicion resting upon the
character of the accused. The ~investi-
cation has produced what was desired
by Captain Stewart, and intended by
the Executive, a development Of all
the important transactions attending
the late cruize Of the Franklin in the
Pacific, md the principles and motives
which guided the conduct of the Com
mander. These Charges and SpeciG-
cations, the Court has adjudgeu hot TO
be proved; to be, in some respects, w
terIy eroundless; and in others to have
originated in a misconception or ms,
representation ofthe most innocent ana
meritorious acts; and Capt. Stewart
has been most fully and most honora'
bly, acquitted Of every, even the siignt'
est improperly.
The Court, however, c~onceives that
the peculiar character Of the accusa-
ton is such that it would not render
that full measure Of justice which is
required at its hands by a simple judg-
ment of acquittal. Ii is, therefore, inns
PEELED by a sense of duty to 60 farther,
and to make, unhesitatingly, this decla-
ration to the world, that, SO far from
having violated the high duties of neu-
trality and respect for the laws OF ma
tons; so far from having sacrificed the
honor of the American flag, or tarnish-
ed his own fair fame by acting upon
any motives If a mercenary or sordid
kind ; SO far from having neglected his
duty, or betrayed the trust reposed in
him, by refusing proper protection to
American citizens and property, or rem
dcring such protection subservient to
individual interests, no one circum'
stance has been developed, throughout
the whole course of this minute inves-
tigstion, into the various occurrences
Of a three years c%ruize, calculated TO
Impair the confidence which the mem.
+ beers of the Court, the Navy, and the
nation, have long reposed in the honor,
the talents, and the patriotism OF this
distinguished officer; or to weaken, IN
any manner, the opinion which all who
knew him entertained Of his humanity
and disinterestedness.
These virtues only glow with bright
er lustre from this ordeal of trial, like
the stars, he triumphantly displayed
when valor and skill achieved a new
victory to adorn the annals Of ~ ma
val glory.
wv NJ CRANE,
ROBERT TR7ILL SPENCE,
~. ~. HGAELGl
j. ID. ELLIOTT
s. C.aSSIN,
MMES RENSHAW
THOMAS BROWN
CPS. C. B. THOMPSON
HEX s. W3DSW0RTK
GEO. ". RODGERS,
GEO. C. READ,
RICHARD S. COKE, Judge Advocate.
The proceedings and seatence OF
the Court are approved; with the ex:
ception Of the exclusion Of Samuel
Brown, as an incompetent witness:-
The grounds of objection to his testi-
mony apparent on the face Of the Re-
cord, being considered as going to his
credibility, and not to his competency.
JOHN QUINCY ADAMS.
Washington CITY, stu Sep. 1925.
The city Of Savannah continues to
ao;oy on upusuaf depree of health