The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-11

defined duties Of Judge advocate in this respect
but. in the present case especially, would be to at
tempt 10 do for the accused, what he Is prepared TO
have so much better done by the distinguished le-
cal ability and nnequalled skill and experience in
these trials, of his legal friend and adviser
/ The Judge advocate must faithfully try the cause
for the il will be tried only on one
side In the absence Of advising counsel for the
cused, he should be especially careful to try the
i cause for him too.
A recent authority on courts martial (Simmonss
Practice, p, $50, edition Of ls43) says "The judge
advocate should only interfere to assist the accused
IN his defence, to the extent TO which the court II
self is bound to nerfere-to take care that the ac-
cused shall not suffer from want OF knowledge OF
the law, or from deficiency of experience or abili
ty, to develop, by the testimony, full statement OF
the facts of the bearing upon the defence.
To this extent, the court martial and Judge advocate
bound to offer their advice TO the accused JUS
tice is the object for which the court 70 convened,
and the Judge advocate appointed. To this aim,
all their inquiries and attention ought to be directed;
and IT, in the prosecution of the design, the accused
should be benefited the efforts of the court, or Of
the judge advocate, will have been satisfactorily and
legtmately exerted." And the same author says,
i (p IT'D at is the particular duty of the judge
advocate to advise on the workings Of the charge,
and to watch the cause of the prosecution, that it
fail not from want ofcare in the manner of conduct
ing it."
plies with additional force TO courts martial con-
Quoted in this country, where rarely prosecutor,
distinct from that officer is admitted, LAS is the case
in like courts in England to press the charges to
! conviction.
The general facts in the case pending out of which
have arisen the complaints Of the Argentine repub-
lie to the United States government and which con-
sttuie the alleged disobedence of orders the part
of the accused, are, substantially, these:
In March, 1874, the accused, then in command Of
the frigate Congress, !" was despatched by his
perior officer, Commodore Turner to the river of
Plate, off Montevideo, in South America, with in
structons protect American interests in that quar-
teri and with special orders to respect the rights Of
bellgerents there and to preserve the absolute
!; trality of the United States.
) When Captain Voorhees, arrived off Monevideo,
: or soon after, that port was under blockade by a
, squadron of the Argentine Confederacy, against
I which Montevideo had declared war; and was also
beseged by land by General Oribe, claiming TO be
the legal President of the Oriental republic Of Uru-
quay, of which Montevideo was the capital Gen.
Q Orbe acting in concert with and was aided by,
: the Argentine government in enforcing his possess
# sion of Montevideo; which he claimed in virtue of
his alleged right to the presidency, from which he
n had been driven by revolution, some years pre-
: vious, before his term of Office had expired.
n The positions and conflicting claims of the bel
lgerents were somewhat intricate and delicate; and
as all were friendly the United States, and well
o disposed toward her commerce, which was inter-
dcted only in articles contraband of war and fresh
provisions, the interests Of the United States re-
3 qured strict and uniform neutrality, as to all the
e contending parties
n The principal republic, the Argentine Confedera-
n cy, consisted chiefly of Buenos Ayres, which had
j. the direction of all the foreign affairs, in connexon
more less unity with the interior provinces OF
; Entire Rios, Corrientes, and Missones, the west
g of the river Uruguay. The country east Of that
river formed the Oriental republic of Uruguay, the
i Banda Oriental.
III Most of these States were originally embraced in
the vce-royalty of La Plata. On the overthrow OF
the Spanish supremacy, these territories, with the
: exception Of Paraguay, were formed into republic
Q under the name of the United Provinces Of Rio de
o La Plata, of which Buenos Ayres was the capital.
Discussions soon arose, which led to civil wars,
until the northern provinces separated in 1926, and
# became the republic of Bolivia; and in 1896 the
!, southern portion took the name Of the Argentine
Confederacy the territory Of which has since been
subdivided into several Independent States. Buenos
Ayfes, being the capital the party having the power
n there which they held under Governor Rosas, con-
E stitutes the acting Argentine government
ii To this government the United States sends d.
plomatic agent and accredits from General Alvear
as it's minister resident here. The United States also
has consul, Mr.. Hamilton resident at Montevideo,
but accredited to the Oriental republic of Uruguay
before the commencement of the civil war between
/ General Orbe and the Montevideans.
l. The Argentine squadron Of blockade, and General
Oribe's forces part of which consisted of an Ar
d gentine army under his command, had common
purpose in the reduction Of Montevideo, and were
possession of nearly the whole Of the Oriental re-
II public, except Monevideo, and In command at
e the sea-ports of Maldonado, Busco, and Colonia;
and in his camp were raised the Montevdean colors,
# which was the flag of the Oriental republics and also
the Argentine coors as the standard of the auxiliary
forces of that confederacy, each party being indie
pendent of the other
: The Montevideans, reinforced by large numbers
Of French, Italians, and other Foreigners held out
# against the siege and bockade--the party there
-~lai rntn alo ha ns,o,
q republic, and using, their standard, the Monte
Is videan flag, raised by General Orbe in his camp.
General Oribe declared non-intercourse with Monte
y video; and the Argentine government proclaimed q
), blockade, and sustained it with sufficient naval
force: both Of which nterdictions were made known
If to the American and other naval forces off Monte
video, and had been fully recognised as belgerent
right, by them and by the commanders of the Amer
+ can naval forces, under Commodore Turner, Capt.
Shubrick, and Commander WILSON, All this was
known to Capt. Voorhees, the accused, at the time
II he took the command, under the orders Of Commc.
# dore Turner.
# The United States being at peace with all these
y beigerent parties, her officers that station could
# have right to interfere with, favor either at the
expense Of the other to decide upon the legality
of their respective claims to be the government;
to determine the validity of the flag, between
tending parties under which either of them claimed
i to exercise belligerent rights.
+. On Sunday, the Goth Of September, 1874, the
events occurred which are alleged in the specifca.
tons of charge against the accused, while acting
i under the orders Of his superior officer, Commodore
!, Turner.
d The American barque Rosalba--which unknown
y to the frigate Congress, had out from Monte.
1t video the night preyous-was discovered early on
I the morning of that day, lying at anchor near by
It but was not recognised having no colors hosted.
The armed schooner Sancala--ftted out by General
e Oribe, at his port Of Buseo, to cruise against the
Montevidean fishermen, who supplied the besieged
n with fish-came out Of Busco that morning, under
the Montevidean flag, and chased an enemy fishing
: boat, which took refuge alongside the Rosalba.
The Sancala, in pursuit, fired voley of musketry
i into the boat alongside, some Of the balls striking
e the Rosalba; when the latter showed the American
ensign, and the schooner desisted. Whether she
fired into the fishing boat, into the bark and the
4 precise nature Of this collision, will depend upon
the evidence, perhaps somewhat uncertain and con-
4 Aicting. The Sancala then anchored under the
L. ~ -cLI- a IL e -.