The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1840-10-29

sams Tee nstFa bad been treated H.
, sensible AZ lhs prbtpssd sFfof, The Hsgtl
miahl hlys been hired % dsptfi, III
Waa absent - he Trial, when he cauf
deisEmiBsd hal Biz titlsmsnis q he liml
should - reserved - sEiisnes. and !
saa Feesi.sd. snd he party was dismiss
ed: and Mr. CEiaeadFa'a s0n. fro1 Ken
aaeky. wss also dismissed lor ronlnmary
ktcs5ss be wonid not reveal fhs c0nli
denllal conversation of his Foom mstr.
] reversed he dseisian Of The Court
% The ground. Iss. Thai aegre fesfi,
Ha0ng e0hlI nor be rereired. and mere
esperislly in The case before ne for con.
sidsFallan. where II wsa mere hesrssy
testimony. Mr. Crillsnden also rein.
stated. hsrauss held his eonducl IN mo-
revealing he secrets 81 his sssocisies ii
The eollegs, highly sommsndabis and
proper. and % declared in my Esserssl ol
The proceedings.
lfynu have any okjecl for making Of
me The inquiry. ! beg yo9 10 ask The
Secretary Of War lar . copy Of nv
decision. lie can have % objection 10
afford u, and am quite confident il will
sustain sha, stale % you.
Your friend.
j. III. EATON.
Here. then. 10 solution Of the mystery
hanging over Cadet Dfske's case; and In
The lsller 10 " be found iLe reason lor
lhe rule said 10 hare been adopted BY lhs
Department.. when they refused 20 exhibit
the papers 10 Messrs. Merritt and Slanly.
IL there Vas sneh . rule. IN does mol
appear 10 have been The practice formerly,
- Major Eaton. Who bad occupied The
sl'ualion Tor many years, would moi thus
have requested his friend 10 call on The
Secretary Of War Tor capy Of his deci-
sion, which he states be could have no
objection 10 afford.
What man AFTER this, either through lie
public prints or In The presence OF The
people. will pay 30 luls regard 10 csndor
and ruth, % 10 undertake 10 JUSTLY The
President on the ground Of practice and
ussge-xhen The only case that has been
found IN me Department was immediate.
" condemned and redressed by Gen.
Jackson and The Senate OF the United |
States. End The only case iound in The |
olher was promptly set aside By The |
secretary Of War. whose authority 10
given sbo,e. and The present secretary |
himself now refuses 70 publish or exhibiI. /
nr make any statement Of The case 10 The
Representatives. Of the people who have
demanded i. ~~~@.
Lei Us 60 one step further. and AZ.
.eriain il the position | have heretofore
aiken in regard 10 the legal question OF
was eurrecl nr olherwise.
Mr. President. Mr.. Attorney General,
Iir. Disiries Attorney. Mr.. Kendall. Mr.. |
Blair. Mr.. Richie. and the numerous
losl Of public writers and speakers Ill
Iay-The Law regelsling Courts Martial
don, prohibit The reception Of such lee.
lmony. and. therefore, the President had
% right 10 Interfere" | have taken the
round which has been hsrshlv asssiled,
hal although THAT Law vas silent on the i,
uhjecl, yel there WAS Law. To wll: the
udlcisry sci OF 1850. which settled the y
rIncipls thai ought 10 have been applied
! i.is go. -.'d 'i'ss Was. that the laws q
The several slales. sxcep, ~hrre The .
CONSTITUTION, ss-svrs or ursuea on lie In
|. States shall othersise require or Il
roslde, shall be regarded 20 rules of u
ecision in trials u common Law. in nj
onrls Of The Unl,ed States, in cases :,
here .Ley apply. :,
Now. IN order 10 sustain This opinion. !
me advert 10 an official oplninn given !,
the Hon. John Mcpherson Betrien. o
en- Attorney General Of the United "
'ales. (which will be found on record in "
9 Navy Depsrtiisni,) To the secretary
liie Navy IN the year 1880. which fully te
ssslishes The position | hate assumed, al
q will Ihen leave The world 10 decide A
heb - most TO be relied on. upon O l.
ssi question, The lormer Attorney Gen. Ii
81 OF The gentleman who now occupies IN
place. 4 ~
Office sf tile AUS Genp US, 81,
~ Jaas, 1880. ! do
ST-ln answer Ia your inquiry whe. =;
= u would be competent for an officer !.
The Navy under arrest and The Dspstt. ="
nj. 10 dispense with the attendance Of n'
tnesses. and by common consent 10 ."
e depnsiiIons 10 be used on The ,rsi. I'M
be objected 10 by the officer prefsrrips ms
charges. have TO state. ths, in nv tai
nion, such deposIti,ns would no, he ell
npeieni evidence. Of
The 9Th article Of the Rules forg,he an
Ter government Of the Navy, and The he
b ariiele OF the rules and articles for fin
government Of .iIs Army, seem 10 a.,
template, exclusively, The exsmina- far
Of witnesses before The Court. The -,
h article Of The latter code. by provid. IL, -.
under certain Restrictions aud in c ,... "e'
capital, tina, dispositions may be "a. ."e
j. negatives their allowance in other oef
=, and The existence Of the provision IS
iciently proves that without il, .uch ren
lmony would mol be competent even IN
hose minor cases. English writer. VIII