The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-06-02

Whitney guilty Of scandalous conduct preferred
against him, and sentenced him 10 be dismissed
the service. This was signed by the seven
officers composing the Court, in conformity TO
law
Appended to the proceedings of the Court
Martial found the following, in the handwrt-
ing Of the Secretary OF the Navy, viz:
Having carefully examined the proceedings
and testimony on the trial Of Lieut. Whitney,
respectfully recommend that the decision Of the
Court be approved by the President
Signed, J. X. PAULDING.
Navy Department.
Approved, M. VAN BUREN,"
/ l4th March, 1910.
How do the findings Of the Court correspond
with the circular Of the Secretary OF the Navy,
in which he said the Court had found Lieut.
Whitney guilty Of the charges and specifca-
tons preferred against hint Is the latter sus-
facts in every specification were admitted by
Lieut.. Whitney in his defence before the Court,
but he denied the charge Of fraud which each
one contained against him. The circular Of the
Secretary, however, conveys the idea that he
had been found guilty Of every ,hing alleged
against him in all the specifications.
j In the statement which ! placed before the
public, ] purposely abstained from introducing
any thing which could possibly be construed as
partaking Of political character The profes,
sion Of my son has been that of arms, not of
politics, and know too well the Improbable
ness OF the latter to encourage any one for
whom feel an interest to engage in them.
/ The matter, however, has been turned into a
political shape by the Secretary or his friends,
or by both. A resolution offered by an honora-
bye Senator, calling for copy of the proceed
ings Of the Court and certain other papers con-
nected Herewith, was voted down in the Sc
nate by nearly party vote, That was not all
| A Senator, who without doubt, acting as the
friend subservient tool of the Secretary, avail
ed Of his constitutional privilege, to aggrayate
the Misrepresentation contained in the circular
Of the Secretary, by stating that, which (as re-
ported neither circumstances, facts or truth
warranted. That Senator does not acknow-
ledge himself q father, a mere politician he
never realized the holy feelings which nature
inspires the parent with in behalf Of his off
spring. That Senator is Mr.. King from Ala
| bama
| Not only do question that the statement in
the circular of the Secretary Of the Navy is sus-
tanned BY the facts contained in the findings of
the court martial, but doubt his veracity when
| he reported to the President that he had ''care-
| fully examined the proceedings and testimony"
l have circumstantial proof which satisfies me
that he meyer examined them at all; but that il
was done by q subordinate, clerk in his Office,
and on his report the Secretary acted.
! II the Secretary did, a. he states, examine
the proceedings, il proves concusively in my
| opinion, his total unftness for the stuation.-
He cannot know the rules and regulations that
govern Courts Martial; or i. knowing them, he
sanctions their violation. The rules require that
after court is organized, the room shall be
cleared Of all the witnesses, excepting the one
to be first examined on behalf Of the prosecu-
tion. This wasin not done, two members of the
court, having been examined on behalf Of the
prosecution during the trial In England il was
declared by the highest law authorities that the
characters OF Judge and witness in the same
person were altogether Inconsistent; only one
instance being known there in which Judge be-
came witness, and then he did not 60 on the
bench again during that trial. In the case Of
| Lieut. Whitney, one of the members of the
Court was witness on the fourth specification,
and another on the fifth, and afterwards both
acted as Judges! There are other points Of ex-
cepton to the regularity and legality of these
| proceedings which will be urged at a proper
time. As the whole matter will become the
subject OF Judicial procedure in the Circuit Court
of the United States, l do not wish to forestall
public opinion in relation to its merits. Such
proceedings being without precedent as un-
derstand, in this country; and as the English
Laws govern here, in absence Of laws of our
own to meet the case direct, it may be interest
| ing and useful for me now TO state what those
Of England are. Macarthur, in his treatise on
Courts Martial says, 'In case Of llegality in the
proceedings of Court Martial Of apparent par |
TALLY in the judgment, or fragrant abuse Of its
authority, the court is not only liable to the Sc
we're aniinadversion of Parliament, but the mem
bers are either collectively or individually anne
nable to the laws of their country" The Con-
stitution Of the United States declares that no
person shall be deprived Of life, liberty, or pro-
| perry, except BY DUE PROCESS OF LAW.
II will be recolected by many that the pro-
cecdings against Lieutenant Whitney were in
stituted by the Secretary Of the Navy in fcti- |
tious letter sent to him, charging the former with
.'swindng," &c. Has the Secretary ever Ia
ken any steps to discover the author7 Not that
can learn, although | have appealed TO the
President to have it done; but on the contrary,
the Secretary by his circular would seem TO have
intended to convey the idea to the public that
1t. Whitney had been guilty Of all that had been
alleged against him. Who knows but that the
Secretary himself was an accessory in getting
up that fictitious letter. donot assert that he
was. But if he were, could it be more dsre-
putabe act than comparing the officers OF the
! Navy (some Of whom have exposed their lives
and shed their blood in defence of their coun-
rys service) to cobbiers and thinkers? calling
them lazy louis, &c, &c. The authorship Of
the articles which appeared IN the Globe in
1893, containing the above assaults, has been
| Frequently ascribed to the Secretary and has
never been denied BY him that have seen.
| appeal to the people to examine well the
charges against Lieut. Whitney and the man
ner in which they were instituted. Is there not
something harsh and unjust in the verdictl-
What officer can say that he is safe tomorrow
| if secret informers and spies are TO be encou-
ragged? Would high-minded and honorable
man have instituted proceedings on such autho-
proved such proceedings? I do not believe they
| ,,ould in either case Thus il behooyes all who /