The New York herald., 1845-07-03

men to the extent Of six lashes discretion. Please
state what vessels and under whose command s"ch
.ans-i Do not say the lieuenants punished at their
dssrstion. Or with six lAshes ,,,s.,,on
ON the ground that Illegal and coming down to
particular that such punishment was in coniorm
Wit: "All crimes committed by persons belonging to
the navy which specified in the foregoing artl-
ces shall be punished according the laws and customs
In such cases and that the custom in such cases
at to be found only by facts and experience
usage by particular instances; so is competent to
disprove Il by particular instances Tho Judge replied
that the matter Of usage was only TO be essLshed Dy
the object of the question only to ascertain how far
the witness experience goes to show the extent OF that
usage But that any usage in derogation OF the law
cannot be pleaded ushcation for the violation OF
that law The Court cleared, and on reassembiinS
thu Judge Advocate announced to the accused that the
objections TO the question overrulcd The witness
proceeded in his follows:-l have sailed as
dore Decatur in the frgate President as mdshipman
under Commodore Bainbridge; in the Constitution under
Captain HULL the Constitution, again. under Com Barn
bridges in the frgate President under CON- Rodgers IN
the Guerrie under Com. Rodgers; in the Franklin ~
under Com Stewart and Capt Ballard commanded
the flag ship, North Carolina, in the Mediterranean IN
in Com Rodgers squadron; was Capt OF the Falmouth
in tho West Indies with Com. Ridgely; had my nag
gress in the Mediterranean and also the Columbus "a;
and to the best Of my knowledge, The Leutenahts pun
ished men on every Of these ships with
the exception of the Columbus while in the Meditcrra
Punishment inflicted by my spccihc order.
Il was not allowed in the last ships sailed nut was or
dered by specific orders specc occasions on board
the Columbus while her way to South America, TO
tho best of my recollection
were given by to the Leutenans Of the ships except
the orders the officers of the Columbus which were
have stated before, under specific circumstances,
and no general orders issued upon the subject
By the AccusEp--I have known Captain Voor
has has been sem that Of gentleman and an officer;
think him an able seaman, and there is no of-
Ger would call on sooner than Capt voorhees,, to
aid assist in the carrying out the laws and disci
pne Of the naval service in squadron this paper shown
is official letter addressed by mo to Capt Y, on
leaving the Mediterranean dated May olsi3 THE letter
then read to the Court and appended to the journal
shall be able by tomorrow to forward you this and
BY Ito AccusED-I did disapprove of the authority
alleged to have been given Capt " y the Secretary
ns q. the sdiT s IT,
By the CouRT-I alluded to the order or permission
from the Secretary ofth Navy to punish never saw
By the JupcE ApvocArE-I knew nothing more Of
the order than the verbal report Of Capt as an Officer
heutenants to punish the men, &c. ! understood
the permission to be verbal TO Captain Voor.
that that il ~ was designed to to- establish it s'' as gene
ra order for the internal of the ships have
never known Of any written general order or
ship; have known Of any such verbal order be-
ing established authorizing the leuenants to punish
the men in all cases, no exceeding six lashes.
BY the CouRrI did not give to the other Captains Of
my Squadron the pow granting their lieuenants
the permission to punish the the report made
by Capt " that the Secretary Of the Navy had allowed
him to do SO.
By the AccusEp-I do not mean to say, by my former
answer that have received similar reports from
others in the service the that made to me by
Capt " in regard to the power Of punishment granted
him by the Secretary; the punishment with the nne
thread rotiin stuff is much, very much mder than the
punishment by the cat.
BY the JUDGE ApvocATE-l should not have the same
security that my men were not cruelty treated should
have given general discretionary order to my lieuten
ants to punish the men; no such order
given by me.
The testimony of Commodore Charles w. Nor
gan was here closed and Mr. Grigg the pilot
was called and sworn, and testified the part of the
accused.
BY the COURT am Baltimore and Chesapeake bay
sailor.
By the Accusxp-when first saw the Congress
there was thick fog @ Just 1y lightning up the fog was lift
and about six knot breeze; it indicated south
erly and westerly weather and s. w. wind After
way to Hampton roads; told him did, he said very
we'll sir il the wind suits, wish you to take the ship
that passed at that time; told the Captain afterwards
that southerly and eserly wind head wind for
HAMPTON roads after passing Cape Henry the wind was
going two knots remarked to Capt. V. that the
wind; and the ship was drifting up the bay, and
wished TO bring the ship to an anchor so as she
would be ready to 60 into the ROADS il the
river suited, in the morning he told me, very
good, sir, do not any risk with the ship what
the ship was then brought 10 anchor on the tan OF
the Horse Shoe, in FIVE and half fathoms of water;
should have anchored if the Capt had intended to pro-
ceed up the bay; the weather was very bad the night
was dark, dark night as saw; it was smokey,
and but few stars visible; could no sl. but
the Cape Henry light there was in the night good wind
go the bay; reported by the officer VI the dec it
was s. w; do rccollect the time; Capt " said
his officers were young fellows and they thought
they knew than they actually did know and he did
not wish me TO any k with the ships do not recol-
lect of t1g being said 20 the wishes of the off,
GERS Capt " wished the vessel to lay still till day light
The rc.nainder by tomorrow mornings mail.