Weekly national intelligencer., 1851-07-12
THE ARMY COURT MARTIAL.
GEN. TALCOTTs DEFENCE.

rest and solemnity.
III feel an unspsakabls value Of honorable name SO
likewise do you. If have heretofore worn mine with On
honest prde has each OF you and though It my
fotune and yours, 70 be summoned now 70 defend my
right to this priceless having borne it,
questioned up the hill Of life, across the narrow tabeand
which lies al its summit and far downward in the path that
leads 10 the vale bsIow-yet do feel and know that this
contest has stirred the breasts of my judges something of
that earnesness which fills my own II is not enough that
have been sustained by the consciousness of my ect
tude-thai have looked forward from the beginning with
unshaken confidence the issue of this
now coun, upon your Justice to accord full and
ready acquia Of the charges laid against There
wounds which is not in the power Of human Justice hol
iy to heal Such wound is this aragnment before my
peers and in the face Of my country charge
of the deestabe crime of wfu and deliberate sehood-a
crime which poisons the very spring end fountain Of COM
honesty. 1t is this which gives to these charges their
envenomed and mmedcabe sting. 1t to this that shall
most earnestly address myself in these remarks and if
should fail to sustain myself not merely against the techn
cal specifications 10 which to answer, but against all
doubt and all suspicion then indeed will to attain
the object which at this moment desire above all earthly
things am insenbe the gravity Of the other charges
preferred against but you will require no word OF
PLANTATION from me to make you comprehend how nsignif-
cant they appear to me in comparison with that which not
only impues 10 military cffsnce, but impeaches my
personal honor private gentleman 1t is my purpose to
examine them each, and to rely no merely technical de-
fence either. For the result OF this trial it would be
sufficient for to show that neither OF these charges has
been clearly and specifically established by irresistible proof
beyond ell reasonable doubt Showing this and no more
should be entitled to acquial But desire that this
paper side by side with the accusations against shall
hb their complete refltaionnot in form only but in sub
and in spirit and to this end it is necessary that
the risk Of being tedious should review in detail
every and every declaration which has been arrayed
against me, from the beginning to the end Of the period
vered by the charges and specifications am not uncon
hat
conclusions may be reached by different minds though
acuaed perhaps by the desire to discover the truth In
commentary therefore, upon the extraordinary nferences
which have been drawn, in high quarter from circum-
which, say the least Of them, surely not ire
conclabe with pure and innocent intentions, shall be far
from impung any malicious unfair motive to the mind
which has coloed them with the dark hues OF infamy and
guilt am not learn for the first time that there is
disease which sometimes, though rarely incts the most
honorable minds but usually by contact with baser spirits
disease aundced suspicion, which sooner is commu
nicated its subject than ies ightas al" become econ
rmation strong as proofs from Holy Writ YOU sir and
gentlemen, will approach this subject sure, with
such foegone conclusions. You will approach it.
beng that your inquiry for the motive and intention of
whose life has been spent in holes and but
who has walked openly and in the light Of day. upon the
same theatre which your footsteps have marked with
such distinguished honor-a who if he has in these
transactions entered the dark and ortuous path Of namy
has, without any imaginable motive suddenly turned his
back upon the object Of his pursuit through life and thrown
away the wantonness treasure for which that
life would have been too small sacrifice.
And here, better than elsewhere, may invite your atten
ton that which be disputed and which, the out
se pours food Of light the whole field Of investigation
mean the total absence Of the mputaon fair suspicion,
of any motive for the commission Of the offences which are
charged against am charged with violating the l32d
article Of the ordnance regulations in approving aud allowing
conac in relation which not only is it not charged that
had any interest," but upon state Of facts as you will see
when come to apply them to this question: utterly repug-
nant to and rreconcilable with any such interest
from the Secretary Of War; when upon the same state Of facts
conceivable motive be assigned for such dsobedence
And finally charged with repeated falsehoods and false
reports when only the entire absence Of motive is
apparent but when the veries dot earth have
that imminent inevitable detection stood ready at his right
hand and open shame was staring him in the face
Am that monstrous anomaly in human nature, SO to act
outrage every rule and spring OF human action Or are
you try MAN, to examine my conduct, holding
those great rules and springs Of action applicable to me as
to Yourselves, So manifest and impossible to be passed
over does this great gap the appear that
not but suppose that those who framed these charges, and
who considered them worthy Of your attention, must have
been helped by the unworthy suspicious Of some Of
those mysterious personages ,o connected IN any manner
.oi the Department, who would appear BY the testimony
Of the honorable Secretary stood ready during
the progress trial. to make suggestions to him that other
facts existed than hose which his vigilance had suspected
and that these facts were OF to be searched tor and
found refer particularly the letter Of COL Huger which
discovered its regular place among the files of the De-
partment, upon the suggestion Of ga gentleman not in any
manner connected ,Uh the Deparment proceed now to
an examination Of the charges and specifications in detail
CHARGE l. Violation Of the hundred and thirty second
article Of the regulations for the Of the Ordnance
department.
Upon this charge remark, first that alleges that have
violated article which expressly and by its terms pupos
to regulate the conduct Of officers and sgens Of the Ordnance
department inferior the chief Of that department. and
which, neither by its by any fair implication, lays
any injunction upon the chief the department or prescrbes
any rule for his conduct If this be It will require
guent show that il is legally logically possible that
can be guilty violation Of that article upon any state OF
facts whatever cannot violate law which does not
prescribe rule Of conductor him for to him is no law
The language of the article is as follows:
No contract for the Of the Ordnance department
shall be made by any officer agent thereof erce oy e-
cial authority THE ORDNANCE DEPARTMENT,
sanctioned by the Secretary Of War; and all officers agents
laws that subject. See Appendix No. Contracts
shall be made in trpcate Of which shat De
to the Ceff the Ordnance department, at the date OF the
contract that be deposited in the office OF the Second
Comptroller within ninety days thereafter as the law di-
reefs" l fgs8
The question is to whom is the command addressed The
persons whom is addressed directed before making
any contract to obtain my special authority Can then,
be Not unless this absurd construction
be given to the article, that before making contract sha
take to get my special authority to do The
persons whom it addressed commanded forward
one copy of the contract to Can myself be o
those peons Not unless the regulation has imposed upor
the duty Of nventing mode by which can "for
scd" copy Of the contract 10 myself If therefore,
had made contract and if the making Of that contract
unauthorized and improper surely nothing be cleare
than that my offence, any, not violation OF the 1926
article, and consequently that not guilty Of the frs
NhAS NJ