The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-07-09
General T.,..,t,. Defence

teTeS and koltmnlty
II feel an unspeakabe value of honorable name.
likewise do you II have heretofore mine With
honest pride has each OF you and though IL is
my fortune and no! yours, TO be summoned now TO de-
fend my night TO this priceless poseessionaiier having
borne II, unquesloned, up the hill OF lte-across ihe
narrow table land which lies at It's summit, and far
downward in the path that leads 10 the vale beow-Yel
do | lee and know that This contest has stirred 40 !he
breasts OF my Judges something OF that earnestness
nils my own II is not enough that have oseh n
ed by the consciousness OF my own TeetlludeI'h "a
looked forward from the beginning with mistaken conn
dence TO the issue OF this nyesgalon-lpa "a 49,
upon your justice TO accord TO me T ih a"a a.
Qual OF The charges laid against me- lhee are wounds
which il is not in the power OF human justice WhoHy 10
heal Such a wound i this arrangement before my peers,
and in the face OF my couny 10 answer 10 charge OF
ihe detesiable crime OF wiliu and deliberate fasehood
a crime which poisons the very spring ana fountain OF
common honesty II is this which gives 10 these charges
their enyeBomed and unavoidable sung III rs 10 this that
shall most earnestly address myself IN these remarks;
and il should fail 10 sustain myself, merely against
the technical specifications to which answer, but
against all doubt and at suspicion. then indeed will have
failed TO attain the object which at this moment desire
above all earthly things. am not nsensbe 10 the gravity
Of the other charges preferred against me but you will
require no word OF explanation from me to make you
comprehend how insignificant they appear TO me in com
parison with that which not only impules 10 me militia
ny offence but impeacbes my personal honor as private
gentleman II my purpose TO examine them each, and
to rely on merely technical defence 10 either For
the result OF this trial it would be sufficient for me 10
show that neither OF these charges has been clearly and
specifically established by irresistible proof beyond all
reasonable doubt. Showing this, and more, should
be entitled to acquital But desire that this paper
side by side with the accusations against me, shall ex-
hbt their complete refuationnot in form only, but IN
substance and IN spirits and 10 thus end II IS necessary
that even al The risk oil being tedious should review IN
detail act and every declaration which has been
Tayed against me- from the beginning 10 the end OF the
period covered by the charges and specifications am
not UNCONSCIOUS That upon such review is possible
that very different conclusions may be reached by differ
ent minds though acnated perhaps by the desire to
discover the truth In my commentary therefore, upon
the extraordinary differences which have been drawn,
q
least OF them, are surely not reconciable with pure
and innocent Intentions shall be far from impang any
malicious unfair motive TO the mind which has coloed
them with the dark hues of inIamy and guilt am not
now to learn for the first time that there is disease
which sometimes though rarely iniects the most honora-
BILE minds, but usually by contact with base spirits
disease OF jaundiced suspicion, which no sooner is
communicated to It's subject than "irtes light as air"
become confirmation strong as proofs from Holy Writ
You, sir, and gentlemen, will approach this subject am
sure, with no such foIegone conclusions You will ap-
proach it, remembering that your inquiry is for the mo-
tive and intention OF whose lie has not been spent
in holes and corners, but who has walked openly and
IN the light OF day. upon the same theatre which your
own footsteps have marked with such distinguished
honorsa man who, Il he has in these transactions en-
tered the dark and tor,uous path of nfamy, has, without
any imaginable motive, suddenly turned his back upon
the object of his pursuit through life, and thrown away
IN the merest wanionness treasure Tor which that lie
would have been too small il sacrifice
And here better than elsewhere, may invite your at
tention to that which cannot be disputed and which,
the outset, pours flood OF light the whole field OF
investigation mean the total absence OF the mpnta
ton, or fair suspicion, OF any motive Tor the commission
of the offences which charged against | am
charged with violating the 32d article OF the ordnance
regulations in approving and allowing contract IN re-
lation TO which not only is It mol charged that had any
interest but upon state OF facts, you will see when
come 10 apply them 10 this question, utterly repugnan
to and irreconclable with any such interest charged
with wtul dsobedience OF orders and instructions from
the Secretary OF War; when upon the same state OF iaes
conceivable motive can be assigned for such dsobe
dence And, finally, charged with repeated false
hoods and false reports when not only the entire
nj ut is hen uOlt
earth must have that imminent inevitable deec
ton stood ready at his right hand and open shame was
staring him in the face.
Am that monsrous anomaly in human nature, so 10
act to outrage every rule and spring OF human action
Or you no, 10 try me as MAN, 10 examine my con-
duct holding those great rules and springs OF action as
applicable 10 me as to yourselves So manifest and so
impossible TO be passed does this great gap IN the
case appear 10 me, that cannot but suppose that those
who framed these charges, and who considered them
worthy OF your attention. must have been helped across
il by the unworthy suspicious OF OF those mysteI
Gus personages " not connected IN any manner ruth me
department." who, IL would appear by the testimony OF
the honorable Secretary have stood ready even during The
progress OF my trial, 10 make suggestions TO blm that
other facts existed than those which his vigilance had
suspected and that these facts Of importance 10 be
searched for and found refer particularly TO the letter
OF Colonel Huger, which discovered in lis regular
place among the. files OF the department. upon the sug
gestion of "a gentleman not IN any manner CON
neced plth the department" proceed now TO an exam
nation Of the charges and specifications in detail
Charge Violation oil the 1921 article OF the regula
tons tor the government OF the Ordnance department
Upon this charge remark, FIRST that 1t alleges that |
have violated article which expressly and by lis
purports to regulate the conduct OF officers and
agents OF the Ordnance department inferior 10 the chief
OF that department. and which neither by its terms
by any fair implication lays any injunction upon the CHEF
OF the department. prescrbes any rule for his conduct
Ii this be IL will require argument 10 show hat
il is not legally logically possible that can be guilty
of q violation OF that article upon any state OF facts
whatever. man cannot violate a law which does not
prescribe rule of conduct for nm for as 10 him II is
no law. The language of the article Is as follows;
"No for service OF the Ordnance department
shall by any officer agent Thereof, ercspf by
special authority CHIEF ORDNANCE DEPART
MxNT the Scretay OF War and all officers
agents shall strictly observe the pTuvs
ions the that subject. tSee Appendix No
Contracts shall be made Ia duplicate, of which hou be
FORWARDED cht Of the Ordnance department. at the
OF the Second Comptroller within ninety days thereafter as
the law Directs"
The question is 10 whom is the command addressed
The persons TO whom is addressed directed, before
making any contract, obtain my special authority Can
them be OF those persons Not unless this absurd
construction he given TO the article that before making
contract shall take TO get my own special author
lily 10 do The persons to whom II IS addressed are
commanded to forward copy OF the contract TO me.
Can myself be OF those persons Not unless the
regulation has imposed upon the duty OF inven,ng
some mode by which ] "torndrd' one copy OF The
contract to myself H. therefore, had made contract
and the making OF that contract unauth onzed and
improper surely nothing can be clearer than that my OF
fence, II any, rs not violation OF the I32d article and
consequently that am no, guilty of the fret charge But
IN TACT and ~ law, made no contract Not only did |
make no contract IN the and within the terms of
MT bu mn ,Ia.,, ~, fart IN