The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-10
TIE MILITARY COURT MARTIAL,


The Court Martial met to-day 1t one O'clock for
the purpose of hearing General Talcotts defence.
1t was read by his counsel, ]. Nj. Carlisle, Esq,
and know not whether it reflects more credit upon
him for its legal scumen, or its eloquent and pa
thetic beauty. However it may read in print, GER
tain II 10 that whilst Mr.. Carlisle was reading it
to-day, there was more han passage which SUI
fused the eyes of the audience.
Alter the defence had been put in, the doors
were closed for the purpose Of making up the
opinion Of the court, which it is supposed will be
completed to- morrow.
The following is the defence
Mr.. President, AND oESrLEMEN Of THE Court:
This occasion, doubt not, Is to you, as II Is 30
me, full of interest and solemnity feel the un-
speakAbls value of an honorable name, so likewise
do yea. II have heretofore mine with an
honest pride, so has each one Of you And though
IL Is my fortune, and not yours to be summoned now
to defend my right to this priceless poss: after
having borne it, unquestioned up the hill OF life,
across the narrow table land which lies at its sum-
mit and far downward in the path that leads to the
vale bslow,yet do feel and know that this contest
has stirred in the breasts Of my judges something OF
that earnestness which fills my own. IL 10 not
enough that have been sustained by the conscious
ness Of my own rectitude; that have looked for
ward, from the beginning, with unshaken conf
dence, to the issue OF this investigxtion that
count upon your justice to accord to me q full
and ready acquittal Of the charges laid against
me there are wounds which il is not in
the power Of human Justice wholly to heal.
Suoh . wound lie this aTrsignment before my peers,
and in the face Of my country, to answer to q
charge of the detestable crime of wilful and de-
liberate falsehood-a crime which posons the very
spring and fountain of common honesty. 1t is this
which gives to these charges their envenomed aud
irremediable sting. IL is Ia tals point that shall
most earnestly address myself in these remarks !;
and If l shall fail to sustain myself, not merely
against the technical speci 6cations to hich | am
In, hints NIL Inn md al a m
then, indeed, will have failed To attain the OBJ
Ject which at this moment desire above allesrthly
things.
am not insensible to the gravity of the other
charges preferred agar sc me but you will require
no word Of explanation from me 20 make you COM
prehend how Insignificant they appear to me In
companion with that which not only imputes to
me military offence, but impeaches my personal
honor as q private gentleman. 1t is my purpose
to examine them each, and to rely upon no merely
technical defence as to either.
For tho result of this trial, il would be sufficient
for me to show that neither Of these charges has
been clearly and specifically established, by irresis
tible proof, beyond all reasonable doubt. Showing
this much, and no more, should be entitled
to an acquittal. But / desire that this paper,
side by side with the accusations against me-
shall exhibit their complete refutation, not in
form only, but in substance and spirit; and
to this end it is necessary that, even at
the risk of being tedious, | should review in detail
every act and decl ,ration which has been arsyed
against me, from the beginning to the end of the
period covered by the charges aud specifications.
l am not unconscious that upon such review it Is
possible that very different conclusions may be
reached by different minds,t tn ugh ;uated, perhaps
by the same desire to discover the truth. In my
commentary, therefore, upon the extraordinary in
ferences which have been drawn, in high quarter,
from orcu instances. which to say the least Of them
are surely not nreconclleable With pure and inno-
cent intentions, shall be far from Imputing any
malicious or unfair m )tive TO the mind which has
colored them with the dark hues Of insamy and
guilt. 4 not learn for frat time.
that there is a disease which sometimes, though
rarely, infects the most honorable minds, but usu
ally by contact with baser spirts-a sease of jaun
diced suspicion, which no sooner Is communicated
to its subject. than :" trfes light air " become
confirmation strong AS proof from holy writ"
You, sir, and gentlemen, will approach this sub
iect, am ire, with NJ such foregone conclusions
zoe will approach it., renem befing that your in
quiry il for the motive and intention OF q man
whose life 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 honors-s
man who, il he has in this transactions entered
the dark and tortuous pth Of infamy, has, without
any imaginable metive, suddenly turned his back
upon the object Of his pnfsuit through life, and
thrown away in the merest wantonness, treasure
for which that life would have been too small q
sacrifice. And here, better than elsewhere, | may
invite your attention TO that which cannot be dis
puted, and which, at the outset, pours food Of
light over the whole field Of investig ation-I me An
the total absence OF the mputation, or fair sus-
picion, OF any motive tor the commission OF
the offences which are charged against me.
sm charged with violating the I32d article Of
the Ordnance Regulations, in approving and
allowing . contract in relation to which not
only is Il not charged that bad any interest, but
upon state Of facts, ss you will see when come
70 apply them to this question, utterly repugnant
TO, and irreconcileable with, any such interest.
] am charged with wifu Giso5edIence Of orders and
Instructions from the Secretary Of War. when upon
the same state Of faets no conceivable motive can
h.. ~roAf To- atsnl Al Ea. liz \
an charged with repeated fasehoods and false re-
ports, when not only the same entire absence OF
motive Is apparent, but when the veriest dolt on
earth mus. have seen that imminent inevitable de-
lection stood ready at his right hand, and open
shame was staring him In the face IN that mon
strous anc may In human nature, 90 to act as to
outrage every well and spring OF human action
or are you not to try me Ms a man--to examine my
conduct, holding those great rules and springs OF
action a. applicable 70 me as 20 yourselves. So
manifest and 50 impossible to be pnssed over does
this great gap In the appear 10 Inc, that can
not but suppose that those Who formed these charges
and who considered them worthy Of your attention,
must have been helped across IL by the unworthy
suspicious Of some Of those mysterious personages
''sot connected In any manner with the depart
ment" who, IL would spp,ar by the testimony OF
the Hon. Secretary. have stood ready. even dur
ing the progress OF my trial 60 make suggestions 70
him that other facts existed than that which his
vigilence had suspected and that these facts were
OF importance 20 be Searched for and found. refer
particularly 70 the letter Of Col lIager discovered
IN its regular place smvog the files Of :he Depart
nent, upon the suggestion o. "a gentleman not IN
any manner connected with tire department"
proceed row 10 an examination Of the charges and
specifcations in detail
"Cbo-Re Violation Of the 1872 article Of the
regulations for the government of the Ordnance
department"
pen this charge remark, FIRST, that Il alleges
thatI have viola ed an article which expressly, and
by It's terms. purIorts 10 regulate the conduct OF
ocers AMI agents Of the Ordusnce d. partment, in
fcror 10 the chief o. that department.; and which,
neither by its ter ms, nor by sny fair imp cation,
lays any Injunction upon the chief OF the de part
nent, or prescribes any rule for his conduct. IL
thie be 40, Il will require no argument 70 show that
il IL not legally or logically possible that can be
guilty Of violation Of that article. upon any state
OF facts whatever A man cannot violate iw
which does not prescribe rule Of conduct for hun;
for. rs to him, il is no law. The Language Of the
article is A. iollows-
No contract for the service Of the ordnance de.