The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-07
General Naval Court Martial, on board the
U. =. Ship North Carolina.
TUESDAY, Sept. 6, 1872.

Inc court met pursuant TO adjournment, all the
members present. The proceedings of yesterday
were read by the Judge Advocate.
The room was crowded with the spectators, among
WHOM were many ladies', drawn together to hear
the defence Lieutenant Wilkes had to offer to the
many serious, and the few very trflng and funny
charges that had occupied the grave considerations
OF the court for nearly three weeks The Comman-
der of the North Carolina and his officers deserve
credit tor the excellent accommodations provided
TOR the court and spectators
LIEUT.. WILKES then commenced reading his de-
fence to the Court, consisting of an octave pamphlet
OF 90 closely printed pages After he had read por-
ton, the book was handed to Mr. Hamilton, who
finished Its reading.
The defence commercially stating that although
nearly three weeks have been industrousy spent by
this court upon my trial, this is far from being the
measure OF the efforts made against me- 1t cannot
have escaped the notice of the court that from the
first moment 1t was convened in what has been
lnapproprately called the trials of Leutenans Pink
ney,. Johnson, Passed Midshpman May, and DR..
Gulllou, have in fact been treated by the prosecu-
ton as the real culprit. No effort was spared in
those trials to bring the minds OF the members of
this court into such state would insure my con-
yictlon when the charges against myself should in
their turn be investigated" "The press has teemed
With that unqualified denunciation of me personally
and OF my actions yet undvulged in the form of e-
gal evidence, as would seem to have been intended
to overawe this cour, and force from it by the pow
er OF that mighty engine, verdict in opposition to
avoid referring to the fact that on my trial, proba
by tor the first time in the history OF courts mar
tial, twice has the authority of the administration
been exerted tol confro. or interrupt the proceed
ings OF this court "
He next speaks of the prejudice that had been
created against him during his absence, and saws
that his return he found he was upon the eve of
sustaining an injury in his relative standing in the
navy, almost equal TO the most severe sentence
which this court could possibly infct upon him''-
He next speaks OF the confidence he reposes in the
Court, and gives history of his connection with
the expedition, the circumstances unoer which the
command was offered to and accepted by him, that
caba existed in the squadron to thwart all the OBJ
jects of the expedition, says that he did not spare
himself and that he did not spare others "when the
public service waste be promoted" The health of
the squadron Is next spoken of, having only lost
eight men by disease during the cruise, and then fol-
lows eulogy Lieut.. Hudson for the sacrifice he
made IN serving under one beneath his rank, and
yet, he says, you have witnessed an attempt first
to excite Jealousy between this officer and myself
relation to the discovery of the Antarctic land
and you have heard him subjected to an insult ing
cross-examnation, which an observer of the pro-
ceedlngs correctly designated as savage" He next
advers the fact of his having been 26 years in the
navy, and serving his apprenticeship IN the mercan-
tile marine, and that he served in the old school Of
discipline, &c.
He then proceeds to examine the charges of DR..
Guillou and contends that the specifications char
ging him with Withholding Guillous charges against
himself and Lieut. Ringgold, and contends that he
could not have been affected Ivy it, whether the Sc
cretary received them ten months sooner or later,
they could not have been tired till the return of
the squadron to the United States. He also con-
tends that although the Doctors report cannot be
found on the files OF the Department they were sent
by him with his letter of Oct; 20, 1910.
In relation to the charge OF violating DIR. Guou's
rights by Withholding from him the appointment due
his rank, he contends that his general orders on
which the charge Is based are not individual prom-
SEES to Dr. Guilou; and then recounts the open rup-
ture of Dr. G.. with his commander, Lieut. Ring
gold, and says, ga little reflection might have ad
monished him, that the assurance of receiving Sim
partial JUSTICE would, by reason of his improper
conduct, and his inducements with HIS commander,
readily pictured to his imagination something like
court martial rather than promotion or advance
Of pay''
He next reviews the specification in which the
Or. Guilou is laid He fatty denies the Dr. $ YER
sion OF the transaction; says from what had &C.
CURED between them il does not bear the mark of
probability on its face, and is circumstantialy un-
DR.. surgeons pay at Washington says he never
crossed the threshold of his house at that place TO
his knowledge, and that 1t: Hudson met him short.
ly after the Honolulu interview agaed and excited
and not very likely to be very accurate IN his reco
lectons. He admits he arrested DIR: Guillou on the
18th of October aud did not order him TO the u $.
for trial, but that the 18th OF the same month he
had permission by letter TO return to the u 5. and
says 1t is not true he refused HIM trial before the
court then convened on board the Peacock, and if
1t Hudson informed him so, he Ut. WI was not
to be bound by the unauthorized declarations of It.
Hudson Ii is not proved he made an application to
be tried; he would not ask the Court to believe
that the DIR. was very anxious to be tired by
court thus composed three OF whom were my
avowed friends, and one of them had preferred the
charges on which he would be tried" He next
says the visit Of the DIR. at Honolulu was intended
wantOnly to provoke controversy
He next examines the charge of checking DIR.
Guillous extra pay, and contends that the DIR. did
not keer proper journal to entitle him to it.
The defence then proceeds with the third charge
entitled dlsobedlence OF orders, the attacks and
burning OF the towns In the South Pacific, &c. He
first recitcs his instructions from Secretary Paul
the conclusion that he is 6. thereby authorized to
punish thefts recover the possession ofsoen proper
ty, and to punish offenders, and am invested with
discretionary authority of the widest scope indeed
situations were anticipated in the order, when ne
cessty was TO be my guide Obviously had pie
nary powers; and unless clear, positive, and wan
ton abuse is established, the charge must fall" He
says he required to visit the several places set
forth in the specifications for the purpose OF making
surveys, scientific researches and ascertalnlng their
resources.
The allegations of the affair at Clemont Ton
nerre, were then reviewed. He says, "by this
dlsingenuous accusation, 1t would seem that made
the attack purely for the qualification of blood
thirsty feelings" He then says 1t appears In evl-
dence, that he spent much time IN endeavoring to
conciiate the natives with presents, &c, that vlo-
lence was only rcsorted to when they attacked Mr..
Couthouy, and threw missiles in his boat-he only
fired on those who received the presents, and re-
sisted the landing; and even directed MIR. Peale TO
use fine shot instead of balls. If the crew had land
ed without firing, bloodshed would have been inev
table. The instruments were landed, and such OBJ
servations made as the latencss of the hour would
permit. "The evidence does notsustaIn the charge,
but indisputably establishes that landing was
sought in the discharge of my duties, and in obedi-
ence to my orders"
The next charge is the attack on Vienna Lebre,
and burning two towns. He says the natives cap
lured boat-that the expedition was sent to reco-
YER that and the property in her. The boat was
surrendered, but the effects refused. " To this
specification The Secretary's order is full answer.
authorised to punish theft, and rescue and pro-
ect the property of those under my command 81
burnt the town without injuring any of the nhabi-
ANTS, but still failed TO secure the property. The
punishment was not dsproportionate to the Of
ence"