The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-04
Naval General Court Martial ON board OF
the U. y. ship North Carolina.
"WEDNESDAY. August

the U. .. ship North Carolina.
WEDNESDAY, August 3.
The Court met pursuant to adjournment and the
minutes OF yesterdays proceedings were read by the
Judge Advocate.
The JUDGE ADVOCATE then called upon used for his
protest against being tried upon charges alleged agns
him. Dr. G1li9a requested that his brother Mr.
Gullou OF PhIiadeIphia who acting his counsel
might be allowed to read it TO the Court, which was
granted, and the learned counsel proceeded to read
ten document of which the follow ing an outline
He protested against being put upon trial on the charges
in his judges but because the motives and man
of the prosecution did enttIe to countenance
He asseveraed ms entire and said he had
any one occasion exhibited spirit characterization
and with the exception of facts SO and
tortured as to give birth to these charges no mputaon Of
any sort had ever been made against him. the time the
alleged act of nsubordinaor he had at once claimed the
right of speedy trial which the Constitution guaranteed
to all He solicited an investigation asked that Court
Martial should be convened bat his req uests
The statute of 3Oth April $780, he argued iorbds ali
prosecutions after two years from the date Of offence
and Cranch Reports 1856, establishes that these courts
and these offences are to that He said he in.
voked the shield Of the statute of limitation only because
sleep Of two years and half when most of his docu
mentary evidence had been ON the Inflated shin Pea
cared not for the abstract law being in his favor but
he askedthat the overwhelming equities the case should
govern the Court He said have in vain solicited
hearing at the proper season. in vain made all proper
attempts to have these charges urged against me- when
witnesses were at hand who knew their details They
have been kept back copies them refused me for more
than months after their date Il being kent under
suspension in the meanwhe) and finally they are brought
light here only because it hoped they will smother fhe
charges existing in this very court and preferred by me
against Lieut. Wilkes"
He argued further that the charges were all unlawful,
The treatises on Courts Martial establish where
charge not at first deemed worthy of trial shall not
be revived IN after years and 1t Wilkes had refused to
give him copy Of the charges against him until nine
place more than two years and half frequent OBJ
porunes having occurred for trial and repeated socta
tons having been made for hearing. He said " II 6od
committed the offence aedged against me- il placed LII
Wilkes IN this dilemma: he was bound to try without
delay in defulte have sent home for
trial In defiance them of all law he both kept nae in the
squadron and refused me trial."
AS to the dsobedence of the order from the Secretary
Navy the accused in the protest stated that none
such promulgated did the specification saw
that the accused had any notice Of any such document
The charge i argued must fall from the weight ofits alb
up high beyond the reach of the subject so that he
be punished for not obeyng their enactmens it has
been lett Tor our age OF modern improvements to punish
an ofcer for negectng to obey order of the very ex
istence of which he was wholly ignorant" Upon the
last charge and specification for scandaos conduct in
rely to private Matters the counsel of the accused
was particularly severe comparing the conduct of Lieut.
tng with his Uroes ad 10 an
Court when under OATH against producing letter from
the Secretary ofhe Navy which he said contained private
matters and his insisting upon his being allowed only to
produce such portion Of the said letter as he thought bro
per- was perfectly fair because founded upon
the testimony Of Lieut. Wilkes Monday and the paral
lei closely drawn and appeared chafe hard being
thing but fattering to Lieut. Wilkes approbatory Of
the line of conduct he has pursued
The reading Of this document excited great attention
from all who heard it, and is highly creditable to MI
Constant Guou.
The then closed for deliberaon and in half
hour reopened, and the Judge Advocate informed
DR. Guou that the Court had decided that the protest
overruled.
In answer to the usual question: the accused replied
not GUILTY to the charges preferred.
The Provost then directed call It. Ringgod who
was sworn and the first charge and specifications
him. was Lieutenant commanding the brig Porpoise in
he exploring squadron On the arrival of the Porpose
sydney New South Wales, about the LIST December, |
1880 forwarded various acquisitions from the de-
partments with my approval to the commander of the
the medical department from AssstantSurgeon Gull
who was then medical officer of the brig for medical
adron on board the vincennes to Lieut. wilkes for the
acquisitions They were all returned to approved
With the exception Of that from the medical department
ipon which written in pencil mark order from Mr.
Wilkes to Dr. Gullou rather enquiry with regard
o certain articles embraced in the re9usion. Among
hem remember was a mortar and peste mentioned His
tote mentioned that these articles could not |
'e provided or furnished until those known to have
lad been broken or injured from unavoidable accidents
request for survey upon them should be made,
words to that effect that was the amount to the best
ny recollection, II signed with the initials c. w. /
at the time Of receiving the requistion board
lender Flying Fish, engaged in survey Immediately
he requston to DR.. Guillou with orders attend to
The directions contained in the appended to the re-
QUESTION, and to make request for survey upon the
icles mentioned. The next day two communications |
sent into me- addressed to the Secretary the
Navy, the other to Lieut. Wilkes well as remember
without any attention being paid to the order given the
lay before. sent for DR.. Guou, and desired him to
withdraw those communications for the present, and to
,bey the legal and reasonable order Of his commanding
officer to enable prepare the brig Porpoise for sea-
This DR.. Guillou objected to- declined. I then
urned tho communications to him, saying that ] |
,ould not receive them until he obeyed this order, |
tut the moment he did so would forward those yother
hat might be proper respectful with cheerfulness.
hen gave him orders to comply with the previous orders
think that that evening the next, certainly, not
ure which, directed Lieutenant Johnson who was |
rst Lieutenant of brig to direct Dr. Gullou to hand
to me the requisition. again repeated the order
eaving the brig for the Vincennes.
On my return board shortly afterwards Mr.. johnson
eporedko that he had delivered the order that Dr.
iuou replied that he had such reluisiton this called
rom written ORDER of which this is copy Qetter
ppended to the charges in yesterdays Herad but be-
eve dated wrong should be the 5th instead Of the
lieutenant johnson to give Dr. Gulou. This led to
which believe is before the Court.
the originals to produce. This is the that
rider, (marked in yesterdays Herad) then address
etter marked c. in yesterdays Herald) This is his re-
y (marked in yesterdays Herad) That letter called
another order, directing him TO make out requi
ition for stores for six months marked in yesterdays
ierad This is his answer received to that ORDER mark
d in yesterdays Herad) then wrote the following
rider to him, (markcd @ in yesterdays Herald)
In reply to that received this letter
U. s. BRro PoRPoIsx
SYDNEY HARBoR, |
Saturday, Dec. 7.}
respectfully protest against your order of this date as