Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-06

Lieut. Henry the extra allowance he was entitled 10
as her commander in addition which services she
'ccapturcd from pirates American vessel and carr
worth $4,000 dollars, for which 10 salvage was ever
asked or received. II should be remarked that excep,
t'uS extra pay 10 Lieut. Henry The employment of this
sCooner Actually cost the United States nothing; the
ohcers and men board Of her would have consumed
the same provisions in The Franklin and all the arms
&c were returned to the Franklin
6th Spec. The accused is CHARGED X ;th al;,, .,,, ,
V'o''oIs, none OF whom named, 'of the revepus
ns OF 'eto' al various times (none designatcd) be
tween the arrival of the Franklin in the PacG, ~ ,
l8S1, and her departure in l824.n The Counsel saws
lne CON- bullion, and plata pima was brought down to
w coast from great distance in the interior along the
pioic roads, on about 20 mules in open dav lpht and
was three or Jour days the road
IL appears the royass had possession Of the country
az TN" l"e' aud openly permitted the expectation of the
3th Spec COunsci--Thc notorious fact that property
spec'e %c) OF citizens of The United States had beef,
violently seized not only shore, but from their YES
ses nor able TO defend it. rendered necessary for its
protection that II should he placed on board shin of
war whose iorcc alone could ntmidate the audac,y of
ol cse Pinndercrs, and protect the innocent from their
rapacity. 1850
Sth Spec. Seems TO be but a generazine of the va
'u matters contained III the preceding specifcat ,ns
or Some oil them and the accused, therefore refers in
reply 10 1t, TO the answers already given.
Y'h spec Charges the accused with atfordinr il! gal
10 vessels IN which lie interested and negeo ling
ne accused ~ entirely ignorant. and de aics
that he neglected 10 afford protection to anv vessel in
MS knowledge, TO which i'o was bound TO afford it.
"" 2Pec. charges that the accused purchased from
t"c 1ahtOn at Valparaiso, April 1899 90 hollis of
canvass % . casks of wine and s5 Ils of conner
nS pants, oils &C. ostcnsbly for the use of the Frank
, "neh 'ley were not necessary for her. and in fact,
were not employed OF consumed ia tor-C ounsel-The
actual purchase of ali these articles were made bv Mr.
logan, Consul and gent OF the U. S. at VALPARAISO
10 whom The acquisitions wore sent by the accused nc no
received them from s officers, and who the pur-
cha'es oi such persons such terms. he Thought
proper The accounts of Mr.. Hogan, filed in the Navy
department, will show this
iith Spec Charges, permitting the Carpcncrs of tho
tranhlin 10 work on board other vessels without nav
e-Every case when the carpenters other per
SONS OF the rankin employ ed in working on boz nd
private vessels the individuals thus employed we're com
e'ated Tor their services By the persons by whom they
were employed.
9Th and 18th Specs. Relate TO CANAAN S,n;t his
neihS permitted 10 remain on board the Franklin and
psls employed to carry dispatches Both salisfacto
riiy explained.
4th Spec Relates chiefly TO 9 10 bales of silk be-
ing brought on board the Peruvian merely for protec
Ion and security against the threatened seizure bv the
cap''h ot The 'Begrano,' and not for the purpose of
vending
18Th 10th, l7tl ard 18th Specifications involve no
important charge: shall, therefore, pass over them
IN our analysis.
9Th Spec. The truth of this substantially admitted
The case of Lieut.. Weaver being returned on the
fahk'lhs muster rolls is satisfactory explained Com
= repeatedly urged him Join the Franklin winch Inc
failed to do: and returned TO the United States after
landn% the public stores AT CAao, from the America
without leave.
2oA Specifications
The 2lIh Specification charges that the accused per
united Mr. w eaVer to absent himself during he ,cho3l
'f"t"S' ne only permission given 9 before he
Court and they viii easily decide wle tcr Is of the
nature and extent alleged. 1t true that Mr. Weaver
has coiended another place that such was The con-
srnct'on that he put upon his ORDER aud that bv it lie
was required only to reion the ship should find
A." conoc's'ent Even this construction, one cannot
see how he was justified in never joining her at all
But bow can this construction be rnaintancdo In the
rst place can any one imagine that the grant in
tended TO he larger than the request shat the indulgence
was 10 snrPass the desires of the person be obliged?
In Mr. Viewers letter ne only to be permitted TO
remain short time longer Ne IN how
permission 70 join the Franklin i'll the Pacitic-hat is
that he should not be required to sail the ship but
might so out by some other conveyance, and Join the
ship in the Pacific Was he then not only to 90 out in
another vessel but his arrival there was he to Join
me Franklin or not according TO what he might consider
ms convenience? Was he, instead of waiting the com
ING oi The Franklin and then rejon her. TO land her
stores and return abont his private concerns his
own pleasure, to the United States and seek or
his ship more? But the of the accused on this
subject clear and decisive. 'Agreeably to the re-
quest" OF Mr. Weaver, and what that have SEEN
he permitted 10 remain in New Yorlx and proceed
10 The Pacific 10 2ejoip tie Frania there Shy the
lest opportunity which may salt your Commencement
that is, most obviously that he is proceed to the Paci-
ic .! tie earliest opportunity which should suit bis
Yenence, aud to rcjon the Franklin there. His
vencnce Is consulted, TO the mode and time of his
conveyance to the Pacific, but his orders positive 10
rcoln tine ship his arrival there the order admits of
no other grammatical or reasonable construction. The
2oth Specification tus wholly disproved, and it is
clear that the accused did ''permit Mr. Weaver to
absent himself from Tie ship during the entire cruise"
aid, t.at " an he did it his responsible
Icy, and without the leave permission of the accused.
2lsl Specification.
The 2ls Specification charges that The accused ap-
proved certain muster roll of the 31st December,
1923, by which it made to appear tat Mr.. Weaver
board TIC ship, performing his duties when the
accused knew he absent. II is the accused
did sign the muster roll alluded to- and that he did then
know Mr.. Weaver absent.
22d Specification.
The 22d Specification charges that the accused
sed the Pnrser TO return 10 the Navy Department false
and erroneous transcripts of the rolls, representa-
ing that MIR. W eaycr in charge of CaIao,
when the accused knew Weaver at Callao, and
there were stores there to be in his charge Il
These two specifcations.w be answered and ex-
planned together. 1T has been seen that Lieut. Weaver
had received leave of absence at New YoIk--that he
had been put in charge Of Stores with which nc to
rcjon the ship in the Pacific The first muster roll
- - e IL IL -. u