Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-28

fore court of Inquiry and had there been properly
Observation-Disclosures, MIR. II. repeated, How came |
the case of Commodore Porter before the Senate?
Was il application by that gallant officer
for the expression of an opinion by this House,
which had been decided by Naval Courts II was
true, this might not, technically, be an appeal in
asmuch as 1t was application, not to reverse but
10 support and confirm decision; but it was an
application here on ubject matter which had been
tried and decided before proper tribunals therefore,
the Senate would be warranted in considering it in
the light OF an appeal to that body, from the decs
ION OF the Court of Inquiry and would agree with
the Committee in the conclusion, that it not
proper that matters OF this should be submitted
70 them-that such proceeding would be injuri-
Gus to the discipline of the service, and no good
could possibly result from it. The Senate would,
he presumed, consider the Committee equally
correct in the conclusion, that they ongh, to be
discharged from the further consideration Of the
subjecr.
MR.. II. said he would take short view of the
nature of this transaciou--he would enter into a
brief history oft, TO shew that the view which had
been taken of it by the Naval Committee, was not
subject TO those exceptions which had been sug-
gested by the gentleman the other side, who, he
thought had not displayed his customary accuracy
IN the statements he had made and in the inierences
he had drawn from those facts.
AT the last session OF Congress, said Mr. II. du-
rlns the progress of the bill for the Suppression of
Tracy information called for from the proper
department, on the subject, and the communica-
lions OF Messrs. Mountain and Randall were sub
mitted to this House and what, asked Mr. ii. did
These communications set forth! That piracy pre-
Valed IN the Yves. Indies to alarming extent in
consequence, IS they believed, OF the absence of
portion ofour force that station They did not at
tribute this to Commodore Porter, and he thought,
That every gentleman who looked further into
those proceedings, would find they expressly dis
claimed all idea OF nj he
inandins officer. They asserted that piracy existed
ana that our vessels were not so frequently on the
coast as was requisite for its suppression; but, whe
tiier that line of conduct was consistent with the
Instructions which had heen given 10 the command
ing officer, was question which they did not pre-
tend to decide.
The Senate, acting on the lights they had pass
Ell oil on the subject, which occasioned some
tree Debates but Mr. II. said, ii he was not msta-
ken, ire gentlemen, who, in the ofthose de-
La Is, expressed themselves most strongly on the
sitJecs, always qualified their expressions in such
manner, as to spare the feelings of the Comrno-
dofe. For himself, he could distinctly state that
ne had abstaned from any harsh construction of the
conduct of that officer.
On CON- Porer's return to this country he de-
mn dcd, az every high-mnded officer should have
done, an official inquiry into his conduct no,
rom the Senate, but from his official superior He
ia not come here, and, presenting petition, say
IN this Hall, be investigated by you. He did not
ask us, IN consequence of opinions unfavorable to
ms Character, TO appoint committee 10 inv estisate
Dis case. NO. lie took the proper course He
wen; TO the Secretary OF the Navy, and claimed a
ial! inquiry by proper court, embracing his whole
coaduct while on The West India station. He
sought for trial by his pegs the officers Of the
Navy--a tribunal appointed by law for the decis-
ION oh matters ofthat nature That tribunal had in
ves'iSated the subject at great length, and the gen.
tienan had before him the result On inouirng
into the subject, they had found the Commodore 3
conduct, as tar as this question was concerned
Tree from censure, and that he had performed his
duty coniorrnaby to his instructions and the means
placed at his disposal. Mr.. IL. asked whether the
matter ought not to have rested there, CouIJ the
friends CT CON- Porter hope TO obtain anv decision
teore this or any other body better calculated 10
satisfy ms feelings, and to do justice to his charac
ter! Could any investigation that could have been
instituted here or elsewhere, have satisfied the ma
lion better than this had doae? Under such crcum-
stances, Mr. H. said the presentation the memo
rial at all was an Objectionable proceeding After
the decision OF the court of Inquiry on the Identical
matter submitted TO the Senate, bring il here in
any shape, or in any form, was in the nature of
an appeal 10 the Legislatiy body from the decision
0i military tribunal and he thought IL was cslcu-
lated 10 do injury TO the discipline Of the service
lie did not impue to the Commodore any such de
take the step he had done, by his excited feelings
Mr.. Hayne certainly did not mean To saw that the
Commodore was disposed to iniure the t!iscipline
o the service; very far from but the measure NJ
lisei was calculated TO have that effect and was
therefore, Objectionable. If the Senate were TO
take cosnizance OF the case lie thought it would be
setting very bad example The gentleman from
New Jersey had said that the Naval Committee hal
msconceived the object of the memorial. How
was its object to be aseerained but from the memo
Tial Itself How came the proceedings OF the
Court OF Inquiry 10 be found on your table2 They
were called for by the gentleman from Massacbu-
sets, MIR. Lloyd at the solicitation of Com.
- Porter himself, az he has expressly stated How
came The letter OF the Commodore 10 be submitted
10 the Senate! Because, he tells US he understood
rom the gentleman from Massachusetts, tina, he
did not intend to originate any proceeding in the
business. Here is tile letter of the Commodore
SAID Mr. al. and the Senate could Judge iftbe Com
miltee had misconceived its meaning
Mr.. III. here read the memorial OF Com Porter.
whlch stated that the proceedings of the court OF
inquiry and Court Martial, had been called for a,
fisrequest, and MIR. II. contended that az the SEN
ate had been called upon for the expression of an
opinion on the subject, il manifest that the
whele proceeding was in the nature Of an appeaI
from the decision of the court.
MIR. II. then proceeded to insist, that. IA the
Court OF Inquiry and the Court Martial had deter
mined the only qestions there were 10 be decided
IN the CoInInodore's case, the subsequent appica-
lion TO the Senate was substantiallv and in efFec,
an appeal from a military tribunsl, 10 legislative
body, and calculated TO do injury 10 the discipline
OF the service
The gentleman from New Jersey, Mr. II. said.
had gone little further, and il would he necessa
~ TO say few words in answer TO another part CT
nus argument lie had introduced the Instructions
whlcn mad oeen gwen 10 Com. Porter, and asks
81 fltn .I.sl.