The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1845-07-08
THE TRIAL OF CAPT. VOORHEES,.

We have got tired of tracing this ridiculous
mummery of a trial from day to day ; as, from all
we can learn and hear, we feel satisfied but little
Justice need be expected. These Naval Courts
have set of 't forms and precedents' by which
they must be guided, and will not depart from
them, until they driven to it by a REFORM
which will be forced upon them by the peoples
representatives, in the Halls OF Congress. We
give below sample of the evidence that is before
the Conrt With this, the press in the secret,
puts forth the prediction that Capt. Voorhees, will
be cleared or very slightly punished 1t will be
recoected that Capt Levy, u. S. NJ, was
gnominiously dismissed from the service, by
Naval Court, because he put daub of tar on
boys breech over which few feathers were
sprinkled, for punishment He did not ,chip
the boy TO death-nor allo,c his Lieutenants to
do it
On Monday, the testimony of Lieut. Jenkins
was brought to close, after long cross examina-
ton, which did not in any material respect affect
his previous statements. He testified to the fact
of the order being established by Capt Voorhees,
for the lieutenants fog the men, at their dis
creton, not exceeding six lashes and said that
Capt. Voorhees, had complained to him that the
lieuenants did not punish the men themselves,
instead of reporting them to him. He had prac-
tised it. The Judge advocate cautioned this and
another witness against stating any particular
instance in which he had so punished man be-
cause, the order of the captain being unlawful, it
could not protect the subordinate officer, who
would himself be liable in law for striking a sea-
man under such circumstances, the same as if he
did it without order.
Rev. VIM. @. Jackson, the champlain of the
ship, testified to Capt Voorhees, telling him,
few days before they made the land, that he was
going to Annapolis, and hoped TO hear the wit
ness preach there the next Sabbath.
Com. Charles w. Morgan, called for the ac-
cused, testified that Capt. Voorhees, informed
him when he joined him with the Congress in
September. 1912, that Mr.. Upshur, then Secreta-
ry of the Navy, had given him Capt. Voorhees,
permission for his leutenants to punish the men,
Witness never saw any such order, and this was
all he knew of it. A question, whether he ever
heard any other captain in the navy say he had a
similar permission, was objected to- by the iudoe
advocate, on the ground that there being an ex-
press law Of Congress empowering none but cap
tains to inflict punishment not over IL lashes, no
Secretary, nor any other officer, could abropate
the law by his permission ; and if he could, this
would be no proof. The court ruled out the uues-
| ticn
Another question was objected to, as to whether
it was the usage in the navy for captains TO dele
gate to lleutenaDs their power to punish the men
on the ground stated by the judge advocate, -
that usage could only be proved in the absence of
express law; that here was an express law, under
which lientenants could not strike man at their
own discretion, without committing an assault
and no usage In violation of law could make an un
lawful act justifable.