The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-28

The New York Herald of the Gath inst contains The
findings and OF the naval eouI oy whch
have been recently tried al the Washington nAyyIAAsa
The PRONUNCIATION OF that extraordinary sentencHs I'M
der the apparent sanction OF tie Secretary OF tnc navy
without shordng me time Tor an appeal 70 tne Sn.ss
Of The Sasns s % s q
you. It's tTse have been tined by Court o. FAss;
and is equally true that by that cour Was psosoSsesd
against law or morals and YET maorty' Of that court.
after virtually nans Inn me Iot E have SS
alle in the annals Of naval trials The findings Of the
court wherever mpung guilt. in opposition to the
evidence before the and the sentence. too. iens
pugnan the findings. But this is not the suspicious
moment TO expose the combinations by which the
trophe was brought about Ia due time you shall have
the truth the whole truth and nothing but the truth,
from source which can question, and all will &C.
qulesce IN. .u..Dall
of the court martial has struck every legal mind - con.
Trajectory and affirm is not supported by su'deaes. by
faes by iaW. The public VIII seek IN vain ior any
principle OF justice upon which those who voted IN me
affirmative look sustain their crss sentence after
their general verdict of mot gully OF fraud sxsnst the
United States" sot gully OF attempting fraud not
gully Of deceit" moi guilty Of slsehood; )" .not guty
NOT GUnTythis acquitla of everything that constituted
crime IN every case-the court passed sentence which.
Tor severity, Is unequalled in the history Of our navy
The court, having thus Invested the charges OF the
malum IN re-, It is difficult TO find upon what grounds
pronounced any sentence, but more especially fas.
which, if there sufficient grounds for, properly be.
onged TO Jury and not TO court martial. 1ta H,a
Among the findings OF guilty BY the court i. that of
Siany. Who il was proved and BY his own testimony.
too holsand males from tcen NE letter
rseeiued or, to Lieut. Stanys o0n language before
guilty OF suffering STATS 49, portion OF the military
contribution fund, TO remain in the hands OF H. w;
Greene purser when the court had before It the act Of
Congress- approved Sd OF March, IS49, covering Purser
Greenes claim--guy OF ''transferlng $l0,643 % OF
the fund from the charge and custody Of one E. D.
Wsa the n IL n ss1 S
intent that the said should be more conveniently
subject the orders OF him. the said Captain Jones, for
his own priyat uses adventures and gains The evt-
dence OF the pursers above named when before the
witnesses the part OF the prosecution, proves
the hitherto unquestioned control OF the commander
Of squadron 70 be as absolute oyer the iands ~ NE
hands of one purser another. To justify the courts
court finding On this point proof Of eoson between ne
situation of such collision uttered anywhere WA
In point OF TACT II the security OF the public funds WAS
a, all affected by the transfer from Edward D Reynolds
pa Wss RaSnns. bs Hds ,Ss M
special agent of my creaOn TO disbnrsct by my
orders; and such special agent PuTser Rsyn0ldss
surees might be responsible for any Disbursements
made under my sanction whereas, the trAns
fer made to Pssr Wilson, he and his sureitiss be-
came responsible for any improper use Of the money a.
thought it might be by order of the Commodore. The
foregoing fair sample Of the evidence throughout
which have been sentenced. i#y ma t9& ioe
am found guilty OF not taking the necessary steps to
pay the unexpsnded balance Of military con.!iba
lions in my hands; when proved to the court thatl
had actually paid ouer, before rseeivsd the ordss 70
.ans s Il asa ss ' Of % SGg what's
Not penalty for violated law; not to rsimburs tho
United States for any moneys claimed OF me, sscaMe
there such claim before the court not for la
ue to pay over any profits arising from the exchassof
coin for gold dust because no such claims or deAnss
ever have been made Of me By any officer Of The Is.
officers of Me treasury have not claimed OF me. nor, 70
far as know. reported any account showing my indsbt
edness OF one single cent to the United States On the
long since submitted TO the Navy Department shall! be
entered nto will appear that on the lot day OF Fees
up. there was balance OF several huudred aolIsu
Justly due And yet this courtmaal, with al thees
facts before it, snbstsniialed by the most nconsoveee
10 Sentence Of five years suspsassoa thai q n
equivalent to So a50 from consideration las The pq
script says) of the facts proven before T. toSst,sS u
profits made by him from the improper and snawtoyats
use sc. How unaut2orstd2 Why impropsri Wa
II improper relieve distressed community oil suderAG
immigrant citizens, to whose wants and interests uay par
ucular attention was called by the executive o@cers oil
the government when that act OF oharity could b done
ciou rk and, is clearly proved without the loss OF
In vain may you seek for index TO any transgrsessd
law. Nowhere in the hndng OF the court 10 the hw
slIeged be violated. cited, or referred to- No. the
improper and Unauthorized use oil the public money y
the imagined offence. What public money! Fund.- fro0
the public treasury Funds appropriated by Congress
Tor any other objecti Certainly not; but portion 81
the MILITARY ar-eOntriblon fuad, toward which the
late Secretary OF the Treasury, the Hon r. j. Walker.
holds the following language i .i.a. Ee ..as 3114
"Tsa duties can osy BE- collected military co~1bS
yosgh thu agency Of brave otrrs of s army $50
who viii doubt cheenully and faithfully coilsct
and keep these and account Tor them 80 20 fA
frsansp but 10 The sserstary Of War Of tia Nary,
ropecfiroy .r. . gtulu
In reference to the same fund the Hon j. Y. Mssoa
Secretary Of the Navy, IN his instr sections TO commanders
OF squadrons directing them to collect military eontnbu
tons from the enemy, says:
''Tasv tthe orders for collecting military contribuons(
dUipt authority from the Irsasuy Dtpdrf"sM. ~aeh
IA, ooafrVt oper The 'sysd' ~
How then, was the temporary employment OF portion
OF the military contribution fund.- collected, used tor toe
relief of distressed community "unathorixsdf A con
msnderin chief OF the Pacific squadron, under whoae
command that surplus fund collected, my authority
full Free and unresaned to apply any ob)set OF
public nature my judgment migh dctak. No other a.
thory needed other authority existed, that
portion OF the fund anterior to the passage OF the law oil
March 3, is49, which it will be borne in mind
acted four months after the date OF my order Of the ia
OF November, fs4s, directing the coin to be put in crcu
laon for the purpose therein expressed Two msmbefs
Of the r-maral needed evidence on these posnn
Commodores - and -, during the war VIVA
Mexico, both collected and appended, as did the CON,
handing generals in Mexico, military contributions Ann
the accounting officers OF the government nave moi eooe
behind the orders OF these commanders to Look for 0
tksy for such expenditures Had no authority Tor tba
exercise OF such Discretionary powers II may be sesn
by the orders under which that fund was collected it, dis.
bn.ement left entirely TO the diserstion OF the con-
mandng officer, whether OF the army or navy, under
whose i'm mediate orders II was collected.
With the termination OF the terminated the col
lection OF contributions in Mexico No claim
could thereafter spring up against this fund The sur