Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-07-23
From the Boston Atlas.
COM. ELLIOTT,s SENTENCE.


\ The Globe has at last announced tlla
the Court Martial, which tried Cor
Jesse Duncan Elliott, has found hin
guilty on the LIST, Sd, 9th, 9Th and 8il
charges preferred against him, and tha
the sentence TO suspend him for iou
years, the first two with pay, has beer
approved by the Secretary Of the Navy
but that the President has RENTED s,
much of the sentence as deprived him
Of his pay. So, in effect, Sconsiderinq
the ege Of Com. Elliot, he may be re.
ga'ded as having been dismissed d from the
active service Of the Navy, on his pay
as a sort Of pension.
There were eight charges brought
against the Commodore, and the Court
found him guilty Of five. The charge.
on which he has been. found guilty in.
volve nearly all those which have been
so often discussed in the papers. The
first charge ION which he was found
gully } relates to his cruelty to Passed
Mldshpman Charles g. Barton.
The secoid charge ION which he was
acquitted relates TO his conduct toward
Lieut.. Charles G. Hunter, on the race
course at Mahon.
The third charge (on which he was
found guilty. relates TO the acceptation,
by him, of present Of plato from the
crew Of the Constitution, and also re-
l"tss to his importation Of 90 Jackasses,
the specifications charging him, in
these regards, with scandalous con-
duct, tending TO tho destruction Of good
morals," or F" unbccoming and unofliccr-
like conduct.
The fourth charge (on which he was
acquitted) related to his conduct at the
time Of the alleged mutiny on board the
Constitution on her arrival in the lamp
ton Roads.
The fifth charge (on which he was
found guilty. related to the extra and
unlawful punishment which he had
inflicted, or acquiesced in allowing to
be inflicted, on two Mahoneso servants
and one seaman.
The sixth charge on which he was
found guilty. related to the importation
VI tuC JufhdSStS.
The seventh charge (on which he was
acqutted) related 10 the Importation oil
the J4ckasses, with particular specifica-
tions.
The eighth charge (on which he was
found guilty. related to his ecomiDg
and unofiicer-Iike conduct toward Chap
lain Thomas X. Lamber,-his accep-
tance Of plate from the crew Of the Con
stitution, and illegal importation of the
% Jackasses,-and the mutiny on board
the Constitution at Hampton Roads.
So it will be seen Com. Elliott was, in
fact, found guilty of all the charges
brought against him, except that which
related TO his conduct towards Lieut..
Charles G. Hunter, on the race ground
ut Mahon.
Considering the character of the Of.
fences Of which he was convicted, all
will agree that his punishment is Jig h,
enough, though it is, understand, the
heaviest sentence ever before pronoun-
ced against Post Captain Of the A.
mcrican Navy.
The attempt Of Com. Elliott to preju,
ducc the decision OF the Court Martial,
if it should be against him, by the publ
cation Of his defence, in the newspapers,
as soon as it has been delivered before
the Court, and the improper expressions
Of opinion of his innocence, which he
obtained from some Of the papers (per-
haps there was one, the Pennsylvania,
a loco foco journnD in Philadelphia,
will avail him nothing before the public.
He judges not wisely il he does not see,
in the signs of the times and tho course
of things, that his conduct had already
been passed on by the people, and that
even the acquittal of tdc Court Martial
would not have been sufficient 10 wipe
off the stain which the general judgment
had fixed on him.
The defence of the Commodore,
have read patiently, and agree that it is
very creditabIe to Mr.. Dallas, who pre-
pared it. You will see the force of the
remark Of gallant captain who sat or
the trial, when asked if the defence was
not able, replied, eyes, but the author
OF it appeared TO have forgotten that ,
defence to be c0eciire az well as able
must be founded on Jacts."
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