American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-07-26
Washington, Jaly 10.
NAVAL COURT.-JuLy is.

The argument of Commodore PoRTER's Coun-
sell in support of the objections formerly stated, TO
the Cd charge and the specifications OF the same'
was again read in open Court. The Court was
then cleared to deliberate, as 1t appeared, whether
the Judge Advocates answer 10 the argument OF
the Commodore's Counsel should be delivered IN
open Court: and it being determined that 1t should
be SO, the Judge Advocate proceeded to deliver
written argument containing very elaborate justl-
fcaton of the charge and specifications in question,
in answer TO the various objections taken by the
Counsel and to the reasons and authorities advan'
ced by the Counsel in support OF the same. Upon
the conclusion of which, the Court was again clear
ed and alter considerable dellbetaon in conciaVe,
was opened aud their resolution was announced to
refer the question of the sulficiency OF The charge
and specifications, to the Attorney General and also
another question, upon point raised by the Judge
Advocate 10 his argument, whether the objections,
taken by the Commodore's Counsel to the legal
su6iciency of the charge and specifications, were
not to be treated as demurrer n Court oi Com
mon Law which admitted the truth oil the tact
charged that if the objections to the legal suil
cheney of the charge were overrued, the Jact was
to be held as concusirely admitted and to be fol-
lowed by sentence Of condemnation, as OF course.
A request was then made. on the part OF Com
modore PoRTER's Counsel, for leave 10 reply TO the
argument Of the Judge Advocate. This request
was stated as a mere renewal of that submitted al
the time the objections originally given in, and
was again urged. upon new grounds suggested by
the course taken by the Judge Advocate IL his an
swer, and by the resolution of the Court 10 reer The
question to the Attorney General. II was said that
the remarks OF the Judge Advocate, in the course
of his argument, iDsinuaed certain imputations
upon the conduct of the accused or his counsel, in
the course of the trial. and as those impuations
to go upon the record, il was proper that the
haiic rafl IL ion q
of the accused, should be recorded along side OF
them that if the arguments, Tor or against the OBJ
iectons were to be laid before the Attorney Gene
raj, il was proper the entire views OF the respective
parties should be submitted: which could not be
done. unless reply TO the new grounds taken by
the Judge Advocate were admitted. Some expa
nations ensued, about the supposed imputations
upon the conduct Of the defence-and il was under
stood that these explanations amounted TO a com
pIete di,ayowel OF such imputations. The Court
determined latter being cleared TO deliberately not to
receive any reply TO the argument OF the Judge Ad.
vocac. Nat. intel.
July 19.-The answer Of the Attorney General
to the request Of the Court, through the Secretary
of the Navy, for his opinion the questions stated
yesterday, was read by the Judge Advocate. 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, any Of the Heads of Departments, upon
questions connected with the discharge of their re.
specive functions. An opinion to regulate the de
cision of court martial, or any question judicaly
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 il would be high
ly improper for him 10 act officially on any such
question
Commodore PoRTEn then stated 10 the Court,
that seeing the delay and probable embarrassment
likely to arise from his perssting in the objections
in their present shape. he had concluded TO with,
draw tnem and prayed leave to carry that deter
minat'on into effect by written explanation OF the
operative considerations and inducements which had
brought him to the conclusion now announced
This was acqujesced in by the Court and no other
business being ready, the Court adjourned ill 10
morrow at 10 O'Clock, when Com. PORTER is ex
pected TO deliver in his formal waiver of the obec-
lions, in their present shape, accompanied by his
reasons for the measure, and tender himself ready
to proceed with the tIal. H.
JULY 20.-Commodore PORTER delivered in the
written exposition (promised yesterday Of his mo
tives and reasons for Withdrawing his preliminary
objections to the second charge and IFS specfca
tons In enumerating his reasons for this step,
he took occasion to mention his having been preclu
ed from reply to the argument OF the Judge Adyo-
cate, noticed in yesterdays paper, and to suggest
that, as that document had commented upon sudry
parts OF his conduct and motives, having no neces.
sary connection with the particular subject matter
OF the argument, and had commented on the same
IN style that It beloved his honor, and the Justice
OF his cause, to answer he had found it necessary
to reserve the reply to his final defence. The pa
per was going on to show how and why this docu.
ment had laid Com. Porter under necessity to re
ply to the same in his defence, when the reading of
the paper was interrupted by an objection from the
Judge Advocate, that it was commenting on his ar
gument, and therefore transgressed the rule pre-.
Guiding reply to it. Upon this objection, the