The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-07-25
NAVAL COURTS.


their honor before these courts, and those who
placed by law the representatives Of the govern
ment. On Friday Lieut. A. IL. Kitty who had been
furloughed by the first naval board was heard be-
fore the naval court No. 2, by his counsel the Hon.
Reverdy Johnson copy of that defence has been
furnished us for publication We have rarely read
anything more forcible and eloquent We have great
pleasure in laying il before our readers
Mn. President GENrLEnEs OF THE CounT: My fit
for the naval service under the act of Congress of
the 10th OF January 1857 TO which your entire urisdc
ton Is to be referred involves investigation Of four
and moral character of the officer the fourth his physi
ca condition This last and my mental and professional
character have right to that the Judge Adyo
cate does not deny question His examination of the
witnesses called the part of the United States and his
examination of those called by me, looked cxclu
siyely to my supposed moral incapacy. But am not
obliged to depend this negative evidence All of the
witnesses who had opportunity of Judging and the
skill TO judge have told you that in each of these partc
uars am not only fit, but eminently fit and may
therefore, confidently rely your favorable judgment
these points of your investigation.
Possessing then three OF the qualifications prescribed,
the only question which even pausiby justiiies much
less requires defence is Have the fourth the proper
moral fitness What is the meaning of the term raj,
here used IL is found for the first time in the his
tory of this any other such special specific
element of naval capacity in the act of 1857 1t is there
given without explanation definition, and with aid
to enable to ascertain its intended import 1t il to
be that morality which is fitted for the naval service or
to state it negatively there is not TO be that immortality
which units for the service. That Congress de-
signed to exact that high and elevated morality which, if
protested, renders perfect that morality which,
having its seat in the bosom of God has its voice In His
revealed word and rds nature of its original ailty
for moment believe. If this not the
meaning, and less than this was, how much less is ne
cessaryi The would to be obvious; it is
- ~
man. which gives him fair ttle~to associate with gen
tlemen az equal and which enables him, with credit
himself and to the service, to discharge the duties of
his station.
In my the possession of moral character in all
spects but in single one is conceded.
The duties of e--professional, social, and domestic
of comrade friend son, and brother, not only not
questioned, but positively proved by witnesses of high
character having every opportunity OF knowledge The
solitary exception is, that three four occasions,
each off duty shore and convival in the whole pc
riod of my service, now upwards OF thrty-six years.
less under the influence of intoxicating drink
hese instances too, not only few, but .'far be-
tween and never then, is il said that lost my
self possession forgot in my character of gentleman,
what due to my associates, except for passing
ment and for which unpromped and almost instant
apology given and received refer to the instance
stated by Surgeon billiard. Neither in that nor in the
other two three testified to by of the other witt
il it purpose to call into doubt even, much
less to assil the evidence of these gentlemen Our in
innate acquaintance whilst serving togeherthc recpro-
cal attachment which this created and the present kind
and friendly nature of their feelings towards me,
Tested during their whole examination satisfied me, as
ii could not but have satisfied the court that they spoke
only what they believed to be true
admit therefore, all that they did say, and confident
ask do these instances of indulgence show that have
not the moral fitness the law demands 1t will be rcmem
bercd that they occurred SINCE when there
listed express legal provision that moral fitness
required The standard, them upon this particular item
OF moral conduct is fairly to be gathered from the opn.
ions and practice of the members at the profession at that
time and from the prevailing sentiment through the
country Was there, thus asccrtcned, any standard
that would, for such dcyiations from strict propety
prove that did not possess good moral claracteras
good would bp expected necessary for any lay
employment Under what circumstances did they occur
and who the class to whom the rule is t. apply Re
leased temporarily from the unavoidable tsum of ship
fcn the company of associates, brothers in feeling and
in condencein the absence of the discipline of the
vice. otnccdedbut whilst the service in fact exists meet
ing with officers of other nations, and often with
rymen of our foreign shores lis it to be wonder
od that in the excitement OF the moment in themselves
pleasurable and apdaba, the naval officer compare
lively young should be found to indulge fire.
quenty and to greater than proved to have been
the with me y confidently submit without meaning
TOR certainly nothing is foreign from my purposc
to be offensive may not ask how lnany Officers now
the active list, or who werp ever upon IL could bear
stricter test Have shore excursions been before made
have no convivil and joyful meetings occuIrcd have
such excuses been committed Let the officer a1d
only cr-truthfuy -how few do you think, gentle
men, could prescntn that particular character for moral
fitness clearer than my own In this Investigation, too
submit, under the glyisG al my counsel not TO be
judged by the opinion which now, perhaps fortu-
nately for the service, prevails
admit-though, looking to actual results our naval
history it may be- will not bear that, in this
particular the moral character of the service is improved
But governed Ivy my own reflections, not suggested
prompted by the organization Of the recent naval board
of fifteen, but by my knowledge Of myself, than
two years since resolved totally abstainng from all
intoxicating beverage and, you have had il in proof
and pledge my honor to its truth have to the letter
adhered to the resolution. Others may indulge, and
doubt do with safety to themselves and without dispa-
agement to the service, but thought that considering
constitution it was safer to refrain altogether
by doing the serycen my person could suffer
The Indulgence however has to limited degree
existed and probably will And, without the weak
Of lkening what has been my to such these
do not know that il has been less the weak
of OF the brightest nellecs and purcs spirits
that the world has knownf Do mot know that it
has exhibited tselfin those who here aud elsewhere have
held listening In command who have welded the
power Of empires who have won immortal fame the
quarterback and the battlefield wlro, in the forum
have illustrated the almost mtless extent of the human
understanding. and startled the stern dignity Of the
by their superhuman eoquenee who, upon the BENCH
have held firm the balance OF justice amidst the storms
of State, and who in the temples of God in words
of living light and stainless purity and tervid piey have
led their hearers captive to the glad tidngs and immortal
truths of Christian dspensationY With those the
casonal indulgence but spots in the When
found in three -four in young officer during his
many years of proud honorable. and efficient service
they not to be overlooked Can they be said
TO create doubt much less to establish his want Of moral
fitness The indulgence which does unfit is that which