Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-07-21
NAVAL coURr-Jurr IS.

The argument of Com. Porter:
Counsel, in support Of the objection.
formerly stated, to the I'd charge and
the specifications of the same, was a.
gain read in open Court. The Court
was then cleared to deliberate, as it APP
peared, whether the Judge Advocate's
answer to the argumentof the Comma.
dore's Counse. should be delivered in
open Court; and it being determined
that it should be so, the Judge Advo-
cate proceeded to deliver written ar
gument, containing very elaborate
justification of the charge and specifi-
cations in question, in answer to the
various objections taken by the Coun-
sci; and to the reasons and authorities
advanced by the Counsel in support OF
the same. Upon the conclusion OF
which, the Court was again cleared,
and, after considerable deliberation in
conclave, was opened; and their resolu-
ton was announced to refer the ques-
ton ofthe sufficiency of the charge and
specifications, to the Attorney General,
and also another question, upon point
raised by the Judge Advocate, i'll his
| argument, whether the objections, Ia
ken by the Commodore's Counsel to
| the legal su6icieney of the charge and
specifications, were not to be treated as
a demurrer in Court of Common Law;
which admitted the truth of the fact
charged--so that if the objections to
the legal sufficiency of the charge were
| overruled, the fact was to be held as
concilsirely admitted, and to be follow
ed by sentence of condemnation, as Of
course.
A request was then made, on the
part of Commodore Porter's Counsel,
for leave to reply to the argument Of
the Judge Advocate. This request
was stated as mere renewal of that
submitted at the time the objections
were originally given in, and was a.
gain urged, upon new grounds sugges-
ted by the course taken by the Judge
Advocate in his answer, and by the re-
solution Of the Court to refer the ques-
ton to the Attorney General. 1t was
said that the remarks of the Judge Ad-
yocate, in the course of his argument,
insinuated certain imputations upon
the conduct of the accused or his coun-
sci, in the course Of the trial; and, as
those imputations were to go upon the
record, it was proper that the emphatic
contradiction, which was ready on the
part of the accused, should be recorded
along side of them; that if the argu-
ments, for or against the objections,
were to be laid before the Attorney
General, it was proper the entire views
of the respective parties should be sub
mittcd; which could not be done, unless
a reply to the new grounds taken by the
Judge Advocate were admitted. Some
explanations ensued, about the suppos-
ed imputations upon the conduct OF the
detence-and it was understood that
these explanations amounted to a COM
ple,e disavowal OF such imputations.
The Court determined CATER being
cleared 10 deliberately not to receive "a
ny reply to the argument of the Judge
Advocate. Nat. htehgencer.
July lo.-The answer of the Attor-
ney General to the request Qfthe Court
through the Secretary Of the Navy, for
his opinion on the questions stated yes
terday, was read by the Judge Advo-
cate. The Attorney General explains
the legal duties Of his Office, as being
restricted to the giving of opinions,
whenever requested by the President Of
the United States, or any Of the Heads
of Departments, upon questions con-
nected with the discharge of their res
pective functions. An opinionto regu-
late the decision Of court martial, or
any question judiciaIly before it, is not
supposed to be within the sphere, thus
described, of his proper Office; and
therefore, he thinks, not only that he
cannot be officially called upon for such
an opinion, but that it would be highly
improper for him to act officially on
any such question.
Commodore Porter then stated to
the Court, that seeing the delay and
probable embarrassment likely to arise
fiom his persisting in the objections,
in their present shape, he had conclu-
ded to withdraw them; and prayed
leave to carry that determination into
effect, by written explanation of the
operative considerations and induce
ments which had brought him to the
conclusion now announced. This was
acquiesced in by the Court; and, no O.
Their business being ready, the Court
adjourned till tomorrow at 10 o'clock;
when Com. Porter is expected to deli
yer in his formal waiver Of the objec.
tons, in their present shape, accompa
MED by his reasons for the measure,
and to tender himself ready to proceed
with the trial. ID.
| MISSOURI ROAD