The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-01


flying Vera Cruz, but with not much prospect of a
declaration of war on the part of Mexico.
| GENERAL COURT MARTIAL-SECOND
| TRIAL OF CAPT. VOORHEES,.
/ MONDAY, JUNE 80, l645.
On Monday, the testimony of Lieut. Jenkins was
brought to close, after d long cross-examination,
which did not in any material respect affect Ills pre-
vious statements. He testified the fact of the order
being established by Capt Voorhees, for the lieuten-
ants fog the men, at their discretion, not exceed
ing six lashes; and said ,bst Capt Voorhees, had
complained to him that the lieutenafts did not pun
sh the themselves, instead of reporting them 10
him. He had practised it. The judge advocate
cautioned tlir and another witness against stating
any particular instance hi which he had punished
man; because, the order of the captain being unlaw-
full it could not protect the subordinate object who
would himself be liable in law for striking seaman
under Such CIRCUMSTANCES, the if he did il
without ORDER
4 Lieut.. Richard Bache was also examined. He
proved the order delegatng the power Of punish
ment to the lieutenants. The first he knew of the
Congress going to Annapolis, was when the captain
asked for Annapolis pilot, outside Of Cape Henry
and he left the ship at Annapolis, and did not return
to her. There was cause, in his opinion, for
eforing on the Horse Shoe and no difficulty in pro-
ceeding 10 Norfolk and no reason for going to An.
napolis
i Rev. VIM. G.. Jackson, the chaplain Of the ship
testified to Capt. Voorhees, telling him, few days
before they made the land that he was going Il
Annapolis, and hoped to hear the witness preach
there the next Sabbath.
To accommodate the witnesses Of the accused, the
Judge advocate consented to have two of them Ell.
amined in this stage of the trial.
Com Charles w. Morgan, called for the accused
testified that Capt. Voorhees, informed him, when
he Joined him with the Congress in September, 1912
that Mr.. Upshur, then Secretary Of the Navy, had
given him (Capt Voorhees) Permission for his lieu.
tenants to punish the men. Witness never saw any
such order and this was all he knew of it. A ques.
ton, whether he heard any other captain in the
navy say he had similar permission, objected
to by the Judge advocate, the ground that there
Beng an expires. law Of Congress empowering none
but captains to naict punishment not ~ iuuheo
no Secretary, nor any other officer, could abrogait
the law by hts permission; and if he could, this
would be no proof. The court ruled out the ques
ton.
Another question objected to, as to whethe
it the usage in the navy for captains to delegate
% eatsnafits their power punish the men, on thu
ground stated by the Judge advocate, --that usage
could only be proved III the absence of express law
that here was an express law, Under which lieuten
ants could not strike at their own discretion
E without committing an assault and no usage in VIC
, ation of law could make an unlawful act justifa.
bic
il Tuesday, july /.
On Tuesday Commodore Morgan's examination
t, was continued and closed In answer to another
question, he testified that ON board number Of ships
(Which he named, the leutenants punished the men
and that it was the practice in the navy for captains
to authorize the lieutenants to punish the men,
when in the judgment of the lieutenans, the
auired such punishment. On rossexamination, he
explained this to mean specific ptnishmcnts, but
not. general and that he never knew Of any written
or verbal order by captain establishing it as a
regulation for the internal government ola ship, au.
horzing leutenants at their discretion, to punish
the men with any. number of lashes, without first
{ making report to the captain. In answer to a
question from the accused, he testified that the
punishment of six lashes, colng, by the ieuten-
ants was mder than the punishment authorized by
law; and, in answer to the judge advocate, who
asked whether, if he gave general discretion to his
cutenants to punish, he would have the secu-
rity that the men would not be cruelty treated il
he ordered each punishment himself, he replied that
, he should not; but he never gave such order. He
also testified in strong terms, to the excellent char
acter of Captain Voorhees, as gentleman and Of
: fcer.
Mr.. William Griggs, the bay pilot who took the
Congress to Annapolis, testified for the accused
that Captain Voorhees, told him, if the wind was
fair, to take the ship into Hampton Roads; that he
anchored the ship, after passing Cape Henry, on
account of the wind being ahead to 60 to Norfolk
and because he could not proceed up the bay; that
Captain Voorhees, wished him to let the ship lie to
till daylight; that in the morning he told Captain
Voorhees, the wind was not fair to go into Norfolk
but was fair to COUP the bay; and they then pro-
cccded up the bay. The appearance of the weather
indicated southerly and wcstwardly wind to hold
from twelve to eighteen hours; and he told the Cap
tain, if the wind held they could reach Annapolis by
sunset.
The court adjourned before the examination o.
this witness was closed.
BALTIMORE LIFE INSURANCE COMPANY
: INCORPORATED IN 1890,
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