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

IN preliminary defence, behalf OF Com Stewart,
touching, in successive review, the four charges and
their various qualifications branched out in the shane
approximations, aiording, in the language of the Coun
sell "a plain and frank recital and exposition of all the
facts IN his knowledge, connected with the charges he
rs called upon 10 answer" As this branch of the de
fence makes ten columns in small print propose 10
offer condensation for the benefit of those readers
who either have not leisure inclination wade tbro'
such a formidable mass otmattcr. We presume, those
who desire TO view the infinitely will furnish them
selves with the pamphlet report of the case which will
be shortly forthcoming: our aim is 10 present birds eye
view, adopted Tor the convenience of readers
We begin with MIR. Hopkinson's exordium-
MIR. President and Members of the Court:
III an honorable man can have any consolation when
Judicially charged with official misdcmeanor, and the
violation OF the sacred duties he owed to himself and
his country, it must be in finding his case submitted 10
the investigation and decision of honorable men, alive
10 all the scnsbiltes and pride well earned repu
taon; distinguished by their hs rank in their com
mon professions; firm in the confidence of their common
county and fully possessed the perience and know
ledge necessary enable them Judge with perfect in
telgence, of the guilt innocence of the accused
Thus stands Captain Charles Stewart before this
Court, and such the tribunal by which he is be tried
On his part, his object and intention is 10 make full
explicit, and uDreserved exhibition Of the TRANSACTIONS
TO which the charges ainst i'm relate far as he has
any knowledge of them He desires TO derive 10 pro-
lection or aid from conccahnent The affect alton of
ignorance OF any thing really known him. but i'll
fully expose TO this Court and ie country every thing
IN ms know ledge connected with his commend ia the
Pacific, and relevant To the i!alers under invest
CATION If his Justification to be found in the Il nth
OF his case, IN the honor and noccncc of his intentions
ana motives, IN the merorous and dis
charge OF the high duties and possibilities of his sta
ton, he will not seek it from subterugc and
EVASION He requires TO be just ied be screen
ed from punishment; he asks receive his honor and
ms sword unsustained from lds, and
the penalties of the law There cannot be member
OF this Court that has not had personal know and
experience 9th difficulties, mistakes, and imposItions
10 which the commander of ship OF foreign
station is daily aud inevitably exposed. With his ut
most vigilance he is surrounded and bcset by so many
whose interest ii is 10 deceive and miseAJ him. that if
he escapes even serious it be ccmed almost
miraculous. Such experience will enable you to dis
crininate with accuracy between the arising from
such sources and circumstances, if any shall be found
and those Intentional corrupt wrongs which are the pro-
per OBJECTS OF prosecution and punishment. This
indulgence, should rather Justice, without which
The great trusts of society would not be be dischargc
without winch no man would be insane as 10 take
upon himself any public duty. Ii is the protect of
every judicial officer, from the highest tribunal of our
country TO the lowest. 1t the protection of the homo
rable members OF this Court who, being human are
liable 10 err; but whose be visited upon
them, either crimlnay reproachfny, if Commute
WIN pure hearts, careful examination of their duties
ard an honest endeayor TO perform them Nothing
mas oeen, or justly can be, required of any called
uron TO act on his Judgment but an upright con-
sclenous discharge of the trust reposed in him If
there be found in the selfish motive no corrupt
influence, no private public views inconsistent with
me duties of the officer AMI the honor of the man. il is
Impossible there be crime in the legal or moral
OF le term It IS impossible that errors of Judgment
IN ulncu,' situations oTtiifcult pointsst positions
PlacuSed upon commander, against which he could
not guard hirnse or irregularities committed without
his authority or knowledge and without any gross and
cupahc negligence IN ls part can he the legal, equ
table, subjects of q criminal accusation.
In Judging this case then il is ind nsable to keen
IN view the time place and circumstances, under which
the complaints arose, which have given birth 30 it,
civil war OF barbarous and DISCRIMINATING cha racter
was raging in South Anne :ica-icre was no permanent
thew lnln 4
iorded constant and regulated protection; but each
parry preaominated IN particular provinces by turns
according TO the result Of battle siege y roeu-
iar system OF revenue and finance The eAiren
ces OF the unknow and the necessities of the
comoatans were, in part at least supplied by plumber
unuer any from or prctencc and from any body, that
ughs suit the OCCASION II such proceeding were moi
directly Praciised and authorized by those Who from
tune TO time held the powers of the people, and NAV in
some sort be called the government 1t is certain tIcy
'ld not or could not prevent and restrain them In
suci state OF things ncutrals engaged in the most
iaWiu commerce. daily falling prev TO the m pa
CITY and avarice of marauders the sea- and robbers
on me shore protect citizens from injuries and
rum Oh ths KIND, TO save tier property from IawIess
pnndcr and their persons from imprisonment and I,a
the President sent the force of the nation To the
commander OF tins force, the situation was delicate and
hazardous and he has Just claim TO the utmost Gbera
MY III Judging OF his conduct. He was assailcd bv tine
Sucrngs and complaints Of his countryrncn on The one
sac wiom he was bound TO protect, and, the other
nG' ne was nenaccd when lie nterfered, by the local
li-
terent parties, and charged with an invasion of cir ma
.uTa rights and sovereignty He was compelled TO de-
cue ana TO act and TO do promptly and efcientlv-
lie was tar distant from his government and comb NOT
look mere Tor counsel and countcDance in diicult|
emergencies and on intricate questions Nothing could
men, or should now, but pure and conscientious exer
use vi ms judgment on the case, il was presented to
' ana an efficient discharge of his duty according TO
uo judgment SO formed. Even error thus fallen INTO
DC criminal or reproachfnl. As dissatisfaction
So.Piatns from the contending parties, whenever
pe accuse ncrfcred between them and their prey is
u nor Obvious they would become frequent and violent
eAaGy M proportion as the commander was firm and
ylgiant in performing his duty? Every dsappointrnen
ol Pnhder would be cause of complaint every Aner-
can cizen who was rescued from the grasp Of their ra
pac'E would excite indignation against the who in
terPosed TO hi and if they were so fortunate &c -
nave an agent OF tue United States who gave willing
ana an eager ear TO such complaints is il TO be wonder
ID l 'hat 'ney multiplied without number, and assaed
every naval commander Of the United States ,vb ~
oecn put upon THIS arduous and dangerous duty The
accused cannot be changed however it may have been
IusIn of OI