The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-19
A CARD.

In the Union OF Thursday, July 18th, an article
appeared, headed "Naval Court Martial apparently
from the pen Of the judge advocate of the late court
whose proceedings are adverted to.
In this article IL Is slated that, 'on deliberation,
the court ordered the defence TO be appended the
record, with the qualification that the court do not
recognise IN that portion of il which re-argues the de-
clslon previously made upon the preliminary ques-
ton and objections that have arisen during the trial
and were determined upon full argument and delib-
Grafton, as correct statement Of the grounds of
those decisions, of the facts in the case under
which they were made, and which will more accu-
rately appear by reference to the record" 'Nor do
they regard the and bearing of the comments
upon the action of the court in that respect with
in the regular and proper line of defence which
should be adhered to in trials before y
The foregoing is literal transcript from the pa
per in question: for it might appear indecorous TO
mar the felici.ous beauty Of the language by any
paraphrase; though it is not very clear what is
meant by "re-arguing decisions previously made"
or how these re-arguments are not "correct
statements of the grounds of those decisions" or
even ''of the facts in the case under which they
were made" or what is designed by ''the manner
and bearing OF the comments upon the action Of the
court in that Query: whati) respect"
The part, however, which has been cited, carries
with it the appearance of being extract from the
proceedings of the COURT and in consequence of this
official character, the accused requested from the
Secretary ofthe Navy, with copyof the defence, a
copy OF any OF the court that doc
ument. This request it has not been thought ex-
pedient to grant--at least for the present.
Having, therefore, no access to the record, to the
defence, to the qualification" with which the
latter was ordered to be entered the record, my
comments upon the language attributed to the court
must necessarily be restricted.
For the form and general execution of the de-
fence of Captain Voorhees,, more especially for the
argument of the legal questions which during
the trial, l. the counsel Of that gentleman, re.
sponsibe. Various questions of this character were
presented, upon which it was my misfortune TO- dit
ed its own acts, as they were exhibited the
ord. In some instances, under such mlsapprehen-
sions, all argument was prohibited Entertaining
the most conscientious belief that the court had
committed numerous and grave errors, 1t was
my right and duty to point them out, that they
might be distinctly brought to the notice of
the executive, who was earnestly requested to
submit them to the Attorney General for his Off
cial opinion upon them. This was done with all
respectfulness and courtesy towards the court, and
certainly was neither designed nor calculated give
offence to any one who could entertain the noble
sentiment once expressed by Judge Story, who, in
reversing one Of his own judgments, said: ~ hope
tina, shall always have the candor to acknowledge
my errors in public manner, whenever have be-
come convinced of them"
In order to guard against all possible mistake or
error upon these points, frequently took the pre-
caution to extract literally from the judge advocates
own record; and must take the liberty of asserting,
that if the defence does not, these points, con-
tain ga correct statement of the facts" pre-
scented in the record, it assuredly did when that rec
ord was accessible to me.
Before leaving the courtroom, after reading the
defence, while some friends were rendering to me
their congratulations, member of the court OBJ
served that one of the most striking characteristics
Of the paper was, ''that every word in it is true
When the record and defence shall be made public,
land, in common justice after such comments as the
Judge advocate has made this cannot be refused) it
will appear who has made, and who has not, "a
correct statement Of the grounds of those decisions,
and of the facts in the case, under which they were
made" To this criterion fearlessly appeal.
The only incident which has been minated to
me, one in which have not fully stated the ac-
ton of the court is that which relates to the decision
of the court, rejecting inadmissible the affidavit
of the accused, which was offered by him. 1t has
been suggested that ought, in justice, to have mem
toned that, although the court refused to receive
this paper in evidence they directed to be append
ed to the record. Every member of the court, and
every of the smallest experience on courts-mar-
tial, well knows, that when question is proposed,
or document offered in evidence, and it is over
ruled as inadmissible the record ought, and must
faithfully kept, show what 1t was that the court de-
cided to reject. II is impossible to impute to any
member of this court such gross ignorance Of the
practice of cours-martia not TO be aware of this
principle, or to suppose that such act Of attach
pupct tceoiu Souiu pc ieSo'e
ed as a qualification or modification Of their decision
| In conclusion, will take the liberty of saying
that no one expression Of dsapprobafion of any
part Of the defence was uttered by the court in the
presence Of the accused, or of his counsel
The language of individual members of the cour
was on the contrary, highly complimentary
As have always understood the usage O.
courts-martial, when they do perceive anything
! which merits cenaure in the defence, such cen
sure is always publicly expressed to the accused
personally Such is the course which custom sane
TONS and which Justice and fairness recommend and
require. IL such language of censure as is now at
tributed to this court was in fact uttered by IT, ther
| will take the liberty Of saying that 1t WIN not b'
easy either to vindicate the proprety OF the act 1t
self or to Justify the giving publicity to such
j action until the entire record is made public.
Further comment will be withheld until the nc
cused can procure copy of these proceedings, o
his application for them shall he defnively acte,
upon. hChhkD .. Cohh.
i July 10, ls45.
| ---------