The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-04-11


10 ssltle and paw The amount doe 81 thu sod Of avery
asaner and fails odo Yet such are eifeomsssness
Of almost daily occurrence among men Who no'o 70
spectacle stations society, ~ho DO not ssuef nor arc
they charged With fraud sessksis~s essdAsi 90 long
shsy slriss 10 meet thar sassss~snss win gu hs
means In their po~er.
History informs us that in Ell countries. and N al
ages there has existed great Jealousy on we psn
Of the civil power Of any sncroschments on thsn hxns
and Jurisdiction by the military hs only under mar
tIs law and in Of exlfeme nseessssy thss nss
been tolerated. In my case. my creditors have not
asked the Intervention Of the military power. Ihs
cyl Institutions Of the country open TO thsm oo'n
TO collect the debts owed them snd 10 ponish me ios
CRIME Il had committed any against the lass o. inc
land They did not feel there ~ss cause. OF aia nov
think proper TO appeal 10 them. These pfoee~dags o'
the honorable Court have been directed 81 the nsg.-
ton Of an officer officers Of the COPS OF which
we ell are members Can ssy lal 10 perceive me
evil consequences TO which this precedent viii lead. u
the military take eognzanee Of acts and transact
tons which, by right and usage, belong solely 70 the
jurisdiction Of the civil authority
| might with great proPte,y enter into Toll examine
ton OF the esldepce Of my aeeussf. to show how per-
feet his recollection in oil things which woSia ope.
rate 10 my prejudice, while ~ many oil such ss would
operate to pala,e his own charges against me- wss
like tina. Of the Italian witness IN the trial OF tho queen
of England, twenty years ago, non mi r'cordo' but
let the testimony as recorded speak Tor ITSELF 1870
10 relation 10 scandaoas conduct. l have The h'gh
satisfaction say that cannot be alleged against me
that left my brother soldiers TO contend with tho enc
my and climate Of Florida. 10 90 to Congress 70 hlcn
an extra ration TWO from my country, for which had
no Just claim. ! never underhsndedy at work 10
supplaut brother officer in hIs station nevM OBJ
tanned advances from stat eiicss and shsa aspssed
the account aud refused 20 pay u 10 his executor
Neither can il be alleged against me that married.
separated from my wife, and have since attempted 10
pass myself oil as a single man. LET him VINO 10
without sin cast the first stone"
In the former part Of my defence stated that had
been mprudenty extIavsgant in my Juvenile years and
become thereby embarrassed. About eighteen months
since, an important change took place IN my domestic
relations have had then, others to provide LOT
besides myself have struggled during that lime' not
only for myself but account OF others ueafef 70 mo
than myself to exircalc myself from my embaHass-
ments The evidence is before the court Of my having
paid in short time past, than two hundred dol
lars have succeeded well, that look forward, TO
no distant day, when shall be wholly exlricased, and
once more thereby, rendered free and happy man.
now leave my cause IN the hands oil the honorable
court having the fullest reliance in the disposition OF
every member Of il to do me ustlce, with ono excep-
tionwhch make (Lieutenant Zeiln) believing that no
hghmnded and honorable man would have retained MS
seat as member Of the court moment, alter what mas
occurred; aud from him, therefore, can hook Tor OF
expect nought but injustice ask the honorable court
to weigh well the principles which the Judgment they
NAV render in my case may establish for II am TO
be sacrificed my fate to-day may BIO that Of hundreds
of others Tomorrow.
(Signed) LOUIS r. WHilNCi'
Mr. l.. F. Whitney has not received either from the
Head Quarters Of the corps nor from the Navy Depart
ment a single word of communication in relation 10
the proceedings. .
In the absence OF such information, have obtained
from another quarter the following circular which Is
authentic
Navy DEPARTMENT, IA March. 1910.
Sir The Court Martial before which I'd Lieut. Louis
late nod ound i'm Gull
charges and specifications preferred against him, and
sentenced him TO be dismissed the service
The sentence has this day been approved, and Lieut.
Whitney has been Informed that he longer regard
ed as officer of the Marine Corps
am very respectfully,
Your most obi servant,
(Signed) j. X. PAULDING.
Col A, HENDERSON, Commandant,
United States Marine Corps, Head Quarters
Some facts Of importance connected with the proceed
in part come to light since the defence was made
Daring the trial. the following inerrogatory was pro-
pounded to Col. W. H. Freeman. "Will you state,
If you know when il FIRST made known any par
that Col Henderson had preferred charges against
Lieut.. Whitney," He answered. "The hrst knew
Of it, was the arrival Of Col Watson the day OF the
meeting Of this Court" Col. Freeman was then ask
ed Did you know before Col Wason's arrival that
the specifications had been drawn up which ale now I'M
der the consideration Of this Court !" He answered,
The specifications in fact what reported in my
h
no knowledge Of The specifications officially"
Connected with the to the first Of tho above
questions there has recently been placed IN my hands
letter written by Col Freeman to gentleman in Port
land, dated the 10Th Of Feb. (eght DAYS before the
Court convened in which he says received notice
yesterday Of general Court Martial being ordered
here the 18th INST Thus il appears that
Col Freeman was not quite SO ignorant IN respect TO
the Court Martial the answer which he gave would
Indicate Connected with the second answer, the Ad-
f.l.f I ~ shu Rtb
day Of February, that he directed by The Com.
mandant OF the Corps to inform you that Court Mar
tia was ordered convene at the Marine Barracks,
Charlestown, Mass, the 18th inst. for your trial.
upon charges and specifications preferred against you
by Major and Brevet 1t. Col. VIM II. Freeman Of the
Corps" And yet Col Freemen testified before the
Court that he knew nothing OF the SPECIFICATIONS off,
cialty The public jndge from these facts the feel
ings which actuaed who acted conspicuous part
as accuser, prosecutor and witness.
Another important fact entitled to be noticed in the
defence is that Two members Of the Court, Lieuts.
Zen and M'Neile examined as witnesses in be-
half of the prosecution and against the accused II
may be all right and legal according TO the custom IN
this country, but understand would not be permitted
n England by the laws there, and If done, would WITH
ate the whole proceedings Of the Court Il appears TO
that could not fail TO appear very singular and re-
markabe, were Judge while sitting for the trial OF
prisoner descend from the bench and enter the wit
stand give testimony against the prisoner ascend
the bench again. and then pass sentence against him.
will add now the substance Of the testimony gwen
by some Of the witnesses.
Capt Harris Of the Marine Corps, testified, that no
had known Lieut.. Whitney since lS36--that he was
under his command in Florida about three months-hat
his conduct that OF good, attentive and vgilant
oicerthat his conduct and character at all times
gentemany ,hat he left Florida at very short notice,
and that the command of the company devolved upon
Lieut. Whitney, wthou, his getting receipt for tbs
public property, horses, &c. and that Lieut.. w. &C
II ~ ri. cnrvr Iv
Lieut. Linnard Of the Army, testified, that he knew
Lieut. Whitney for some months in Florida, part Of