Weekly national intelligencer., 1847-12-25
FRIDAY. DEC. ls.-Tarnrr-sIxrH DAT.

The TOuu lmnedaIeY
der the application made by Lieut. COL Fremont before the
adjournment of yesterday to be furnished copy of the mi
kutes of the trial"
The Judge Advocate read the following the decision the
Court
"The Court has of making procuring to be
copy Of its voumnous record does the Court
deem proper that record by copy otherwise hodd
peation its minutes The Judge Advocate WILL he has
heretofore done furnish the accused with copies of all inter-
locutory decisions"
The Court then opened Lieut.. Col. Fremont in
Court. The decision in closed session announced.
The Judge Advocate having further questions to put to
Capt Hensey, he permitted to retire but was not dis
charged.
Lieut.. Col Fremont read the following paper:
"Mr President Lieut. Col. Fremont has an application
make and argument read in support OF it, relation
question offered when Major Gillespie was last before the
Court and which allowed to be put the ques-
in relation the public horses &c and the application
is put the substance Of what Major Gespe's answer
would have been, he Lieut. Col Fremon is informed and
believes had put If necessary this substance of
his answer can be verified by affidavit"
The Court cleared.
The Judge Advocate announced its decision as follows
Con notion the Court decided to reconsider its decision
rejecting the testimony question: and to hear the argument
which Lieut. Col Fremont wishes to offer in support OF the
admissibiy Of the testimony"
The Court then opened.
The counsel Of Lieut. COL Fremont here commenced read
ing paper Of which the following is a copy
Mr. PRESIDENT Lieut. Col. Fremont is instructed by his
say that the proceedings Of general Court Martial
analogous those OF Courts o Law this that they are
subject revision reversal before superior tribunal and
therefore should show upon the face OF the record every thing
which necessary enable the superior tribunal to Judge
correctly proceedings The President of the United States
tribunal and of the material inquiries
Judge whether evidence has been improperly either adj
med rejected by the Court and to enable him to form
such Judgment Lieut. COL f. of
the evidence when suggested by the party offering have
been improperly rejected should be spread the records
General Of the United States Mr. Writ quoted by
DE Hart in his treatise Courts Martial p 200 in support
of the views of his counsel presented to the Court The
follo tefl rnio 0f Mr. irf.
of Capt Nathaniel N Hall, who tried by
general Court Martial, Phtsburg New York, the
preden ON the ground hat the Court had refused ev
dence which both legal aud material to the defence
Upon the question which then arose as to the grant
trial. the Attorney General Mr. Wrt said that the
President of the United States had the power order
trial. for the benefit of the prisoner and such was de-
rived from the language ofhe sixyh article ofwar and Of
the of Congress of April 10 1906, which that in
certain the proceedings be laid before him. for
his confirmation or dsapproyal and orders m fe case the
last words having other Just Interpretation than the
acknowledgement OF such authority. In revising
and ordering trial. he is however, be governed by
the considerations which would determine superior
court of law in appeal from the inferior civil courts"
Lieut. COL F. is further instructed by his counsel say,
that the Rules and Articles of War for the Army of the United
Stes being founded those OF Great Britain, and mainly
copied them, the construction of the British Rues and
Articles, and the practice under hem good evidence of
what should be the construction and practice under those of
the United Stes and that the point presented the
Court the British practice the is expressed in Mr..
Wr opinions the King Of Great Britain being the reviewer,
and the ultimate judge Of the Courts proceedings Major
IS,
lays this effect in his introduction large
collection of Court Martial cases. published in 1820 and
Courts Martial the the reviewing authority upon
them, from 1895 that tmebeng twenty-five years of the
most ustous service Of arms 1.-THE most enlightened period
oil the world. In that introduction he says:
ssAer each charge has been thoroughly investigated be-
fore body of honorable and the and complex
Of the offence sied the bottom the and well
sdigested result submitted the consideration final ap
prova dapproyal of the King, the acknowledged head
of the army the OF its rules and regulations and its
ultimate resort
That this review by the King is FORM
of great substance requiring full view of all the proceedings
of the Court and of the conduct of all parties 1.-THE accused
the prosecutor, and the Witnesses shown in the
Immediately preceding the quoted
Even the fate OF prosecutor Witness who may have
travelled the province accusation or candid
Testimony into frivolous and yexaou NATTER been
tied by yndcve motives is brought before the dcrimina-
sting and just eye OF the sovereign, and dealt with accord
.ingy."
And give practical illustration OF this fall examina-
ton of the whole by the sovereign and especially the
decisions Of the Court rejecting proper evidence and
aherng the rules of evidence regarded by of
ducon the following letter from Lord Erskne then in all
the rpeness Of his intellect and in all the uness of his fame
'DEAn SIR: am favored with your letter. The of
tCol Straford and of the muneers who tried
Portsmouth many years ago. involve principle highly i'm
'portan the security of military men, at
aat should RESPECT the rules Of evidence they regarded
& by courts Of Lav
sI remember the circumstances of Col Stratords
case further which all that necessary than that evidence
had either been received by the martial which
o law would have rejected that the martial had
ected which of would received
The facts laid before after the trial.
an opinion that the sentence ought be carried into
cution and believe that by his late Majesty, after
wards annulled
"The Of of the mutineers at Portsmouth, re-
member more distinctly He tried with others and,
as twas likely that against Of them the
cence of the in question: evidence could be gven
81 advised the attorney who employed by him. il that
turned out to be to apply the Court the authority
opinion, TO direct such be acquitted aud then
to permit him establish by his evidence the
tthe in question. This application being accordingly
made the Court declared itself be satisfied that the
proposed agreeable the practice Of the courts Grim
ina law but not OF martial and they therefore
fused to adopt it. and having other Defence he
a fenced to be executed.
"Being then visit to the ICe Of Wight, and the attor
ney, from Sphead having communicated to the deci
slou dispatched him Immediately Weymouth, with rep
resenaton to the late King in whish humb suggested
his Majesty that the court martial ought to have co0med
TO the rule esta6Gshefp The v courts and impored
King in the of the unhappy who had been
fortunately convicted respite the ecution
his case to the TwelveJ Judges for their decision it. His
Majesty, with his usual humanity an1 enlightened attention
to the demands OF justice instantly back the attorney
with the respite prayed and the Judges having decided
timously that the conviction rdaed the
q set at liberty.
sTherc be dout that neither in this case nor in
any other Of similar description, could there have been
appeal to OF the courc of justice AZ belongs the hfg
aone TO abrogate confirm the sentences of martial
but the Judgment Of his late Majesty remarkable during
his long reign for his faithful and enlightened
Of justice, ought be received precedent hereafter
cation being deeply interested every thing which
hen olle nfeocson nni Iipef