The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-17
NAVAL COURT MARTIAL.

The second naval general court martial, held in
this city, for the trial Of Captain P. r. Voorhees,,
completed their labors, and adjourned without day,
on Monday the l4th. The result of their action
cannot be known, until promulgated by the execu-
tive authority.
The trials have been long and laborious; but the
testimony was necessarily very voluminous, and
they both involved questions of grave importance,
in public aspect well as in respect to the rights
and responsibilities Of the accused. The first was
question Of international law, as between this and
foreign friendly governments; and the second, more
nearly affecting the honor Of the navy, in the per-
sonal conduct of its officers.
In the last trial, the charges were-4urnecessary
delay In obcying an order to proceed with the Con-
gress frgate from Annapolis to Norfolk illegal pun
ishment, by establishing order for the internal
government the ship, authorizing lieutenants to
fog the men six lashes, in their discretionin viola
ton of law, which gives the power to punish only to
commanders and, third, "scandalous conduct,
tending to the destruction Of good morals;" in
this: that Captain Voorhees, having been ordered
by the department to state his reasons for not obey
ing an order OF Commodore Turner to bring the
Congress into Norfolk, and, instead of doing so,
proceeding to Annapolis, gave his reasons for so
doing in letter to the department of March 22d,
which letter, the specification alleges was false, in
affirming that he Captain voorhees) had no nten.
ton Of violating the order Of Com. Turner, where
as he did intentionally disobey the said order, and
did design to disobsy il, ahd made preparations for
disobeying it, and intimated that such was his in
tention before he had any knowledge of the alleged
hindranccs and difficulties from adverse winds or
other causes, which he set forth in his letter
as the reasons why he proceeded to AnnaPo-
lis instead of Norfolk; and which letter was also
$50 written and framed as to convey to the Secre-
tary of the Navy the meaning and explanation that
he Captain toorhees) was hindered by unforeseen
difficulties from obeyng the said ORDER" which he
did Intentionally dsobey.
This grave charge Of direct official fasehood is
understood to be the first instance of such trial in
the case of post captain in the navy, and necessa
rily deeply involves the character of the accused
and the honor of the service. Great deliberaon
appears to have been given to it in the evidence and
arguments before the court, as far as they made
public; and it will be matter of congratulaon if the
court SHALL under their painful responsibilities as
Judges upon brother officer, have been able to find
the charge not proved
The second charge is also highly important-af-
fecting, as it does, the rights of seamen who, while
held to strict discipline, are entitled TO all the bene-
fits OF protection OF the law which wisely places
the power of summary infection of blows only in
the hands Of the commander, with no authority to
delegate that discretion to another.
On Saturday, the 9th, Capt. voorhees, submitted
his written defence, through his counsel, Mr.. Coke,
which occupied two hours and half in the read
ing, and in which the decisions of the court on
questions that had arisen in the course of the trial
and been decided against the accused, were very
fully and deliberately reviewed, and treated as erro-
neous.
On deberation, the court ordered the defence to
be entered on the record, with the qualification that
the court do not recognise, in that portion of it
which re-argues the decisions previously made upon
the preliminary questions and objections that have
arisen during the trial. and were determined upon
full argument and deliberaion, correct state
ment of the grounds Of those decisi ms, or of the
facts in the case under which they were made, and
which will more accurately appear by reference to
the record.
Nor do they regard the manner and bearing Of
the comments upon the action Of the court in that
respect as within the regular and proper line Of de,
fence which should be adhered to in trials before
courts. martial