Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-08-11
DOMESTIC.
NAVAL COURT MARTIAL.
FRIDAY, AUGUST 5.

FRIDAY, AUGUST 5.
The Court met at III O'Clock pursuant 10 adj
Journment, and the President having informed Com
modore PORTER that the Court was ready TO re-
ceivc his Defence, he requested TO be heard by his
Counsel; and accordingly,
WALTER JONES, Esq'r, rose, and proceeded to
deliver, on behalf of the accused Defence ofwhich
we give the following Report:
Mr.. President, and
Gentlemen of THE Court Martial:
Alter having endured long and notifying sus-
pense, the frown OF underlined Indignation and the
anxieties of ambiguous censure l have experienced
sensible relief from public inv stigation proms-
ing a deierminate issue, on any terms. Even the
hard measure that has been dealt me- in the manner
and the spirit of the prosecution, both before and
during the progress of my present trial, is amply
compensated, whatever be the event, by the oppor-
tuHity afforded me. of full! and open justification
before the world; and OF submitting my cause to a
tribunal, between the members of which and my
self, at least so much of intelligence and commune
" OF sentiment exists, as 10 free me from the ap-
prehension of receiving less than Justice at their
hands; and TO acquit me, in their minds, from the
suspicion OF appealing their favor for any more
Than justice III preparatory censures have tended
10 wound my feelings, or 10 prejudice my cause; if
n stern and jealous inquisi;ion have probed every
part OF my professional character and conduct,
where the senstiveness of man of honor, or the
presumed defects OF human frailty, might be sup
posed to shrink from the searching point; and, if
taken unawaresby the suddenness of the attack, or
the novelty OF my situation, excruciated sensi-
bility may, for the time, hive broke through the
guards that should have preserved me unmov ed and
selt-balanced in mind and temper; yet after all,
bow, with humility and experimental conviction
TO the moral system OF compensa ions, that bringeh
good out OF evil Tor innocence, made but the more
manifest and clear, from the erv of its trials is
the bright reversion, that might have animate ed hope
and endued Inc with the passive fortiude of endur-
ance, through longer and more penal term OF
tribulation.
The accusations, which am now to answer.
present this singular feature: whilst they branch GU,
Into Two distinct classes OF offence the most dis
similar and the most unequal, well in the quality
and degree OF the legal and moral guilt imputed as
III the Importance and interest to the community
oil the principles involved and OF the actions TO be
condemned or justified; they all originate in the
same source, and closely connected by the
causes that have produced them, and by the pas
sions and motives that uphold them.
The hrst branch OF the accusation brings into dis
cussion the most important and vital principles of
the high and awful sanctions by which national So
verelgnty is TO be maintained and yindicated by
arms-while the second hinges upon certain minute
punctilios OF ceremonious respect. A devoted SER
Want oil the Republic, who had consumed the flower
oil his years and the vigor of his life in arduous
and, as he hoped, acceptable services; who had
looked Tor appreciation, if not honor as his reward
Tor an unslinted exposure labors privations and
dangers, so much the more tlsinterested. as how
ever beneficial 10 his country and tosmankind, il
promised few OF the personal qualifications which
may landably be sought in the renown of the more
striking and brilliant achiev of war who was
conscious OF having acted with the most implicit
respect and exact fidelity, to what he understood TO
De the views and instructions of his superors w no.
with wasted powers at life but untiring activity
and Zeal, had exerted, for the fulimen of the ut
most scope and end of those instructions, whatso-
ever OF efficient energy a constitution worn and
broken IN the public service had left him;-thst
such an one should have been somewhat sore and
impatient under rebuke, that came like porent and
wonder upon his astonished senses was far more
natural than that complaints of misconstruction and
injustice should have been construed into disrespect:
and free but decorous renonsrance treated az little
less than muiiny.
In my Justification against these charges, must
regret the necessity of occupying larger portion
Oh the valuable time OF this court, than any Intrinsic
difficulties in the questions themselves might posi-
bly, have required. But the terms in whicb.ibe
charges have been framed; the often complained of
vagneness and uncertainty of the nature and degree
Oh Inc offence intended 10 be charged; the mystery
observed as 10 the application of the facts and cir
cumsiances, given in evidence, to the eist Of The
accusation, and the defect of any advertisement of
the points Intended 10 be insisted in the prosecu-
lion, or that were supposed to require calculation
in the defence: all these circumstances compel me
10 traverse wide field as well Of coniecural az of
obvious justification.
Before proceed to discuss any matter OF fact or
law, put in issue by the first charge NAV be use
ful to attain as distinct understanding as possble
OF its terms, and of the nature and degree of the
guilt imputed by it.
The general head under which the offence intend
% he cha cd ia 81 oaJ Il
sists OF two members: first, Z" disobedience of or
dersj second, conduct uBbecomng an officer. -
ne hrs, doubtless, falls under general description
OF military offence, common TO every organized
body OF military force in the world: but, in everv
military code, by which such an offence NAV be
punished, the character and functions of the officer
whose orders are supposed to have been disobey ell
and the nature of such orders, are usually defined
with all reasonable precision. In the 9Th and 18th
OF our naval articles of war; this species of offence
is defined in terms nearly equivalent to the cores
poDding articles in the naval and military codes of
Britain, and In OUR own military articles of war.
Our 9th naval article of war is, in terms restricted
to the orders Of commanding officer, when pre-
pairing for, OF joining in, actually engaged In
battle. But the 18th article, conceived in terms |
somewhat more comprehensive, enacts chat " no
officer private shall diso5ey the lawful orders Of
his superior officer, or strike him, &C. while in the
execution of the duties Of bis Office The punish
ment oil the offence, in either OF its modes or de |
gTees, IS " death or such other punishment az !,
court martial shall isaict." Then, if by the :. dis
obedience Of ORDERS here charged be intended an
offence known to the naval articles of war. and
punishable under them, IT implies that had received
from some superior officer, in actual command.
either while engaged, about to be engaged in bat,
tie, oBoh3wise " in the execution of the duties oC
his Office" some order which had disobeyed: and
SO, hadRougbt myself in the danger of capital
offence, as every military offence is denomins,ed.