New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-28

80 g., conver,pe with Gen. Butter6eld abN1'
them he made no proposition 10 smIronoer, ~ nM
subseouent remarks to Gen. Morell and Col Roberts
he eaid nothing about the woundedf indeed, ne
nonted directly to the confusion in the road saying
we all understand what this means" The con-
fusion ard disorder prompted his renarks, not the
condition of the wounded. After Gen. Morelrs
indignant refusal Of the proposition then Gen. Mar
tindse spoke about bis sick son. Gen. MariindGle
has given some testimony with reference 10 his con-
duct at other battle-felds than Malvern. But this
| Court does not inquire about bis conduct at any
other time than on the night In question. In pass
iDg would remark that the accused did not prove
what he tried TO prove-that Gen. Porter was piot-
ting his ruin, aud wac at the time on friendly
terms with bim and that Gan. Porter launched the
dart Of his charges and specifications ct Gen. Mar
iindale, knowing at ths same time that zen. MAR
iindale was not recovered from his sicknets. say
he did not prove that, although he tried ten. MAI
linda @ Les not been accused Of being persoDa
coward but the brute bravery Of the common SOL
der and the intelligent courage Of the General
rising superior 10 all dilicultes and defeats, are
far different sentiments The famous words OF
the dying Lawrence. Don't glve up tne snip,
should be every consnander rule Of action. rule
whose only exception Is the absolute certainty o.
utter destruction. Nay, seeming defeat may he
transmitted into ce-ia victory by cool and I'M
dsunted generalship, while all the might OF armies,
when directed hy purpose umld ana innsui, 10 hS
fesbe IA an infants hand. luka for us shall always
be glorious memory, while we cannot yet, though
we strive Danish from ouT recollection no late suE
render Of Harpeys fe-ry.
ARGUMENT OF GEN. NARTNDALE ON TIE
DEFENSE.
Fourteen months ago entered the military aer'
vice of the country 2s Hrigadier-Genera IN tie
amy Of volunteers. On the lIih day OF J,ly iast,
prostrsed by sickness, after SAVING passed through
the whole campaign ~ the PeDlnsuIa, l3I' my
BRIGADE 1T HarrisoIs Landing, on the James River.
Z -. t-am af
Johr- Porter under N.hese ooiamand l had been
serving for zen mouhs that be regretted my aick
ness, and hoped clint for my sake, his own, and
the country r. it would ~ OF snort duration. Not
a lisp had been hreat1ei by hito, or In the camp,
that had not fulfilled ali aie obligations imposed
on me by mp comuds sica. / ras yet weak WIG.
the eneryesiDg infueses OF protIacted typhrd
fever wien, on the l63h dsy OF September, befoTe
my leave Of absence had expired, | entered the
offcs OF t.ieGeneral-in, )hot III the city OF WASH
ington 10 ascertain where could ind aud reIoin
my brigade. There, for ,the FIRST tine, without the
sightest prsmontion 70 uno that during my absence
fOmdabls complaint Of nisbeh ayios IN me presence
OF the enemy, and request ttaS be relieved from
duty In the corps he eommsn d9 had been preferred
agsnst me by the same Gen. Poiaer VINO, as l
parted from bin, had gwen nae the consolation OF
lis sorro,w tlat [ was siok, aud hs'hope that for
he sake of the coantry ANA aiS OWE my Ill heaitn
would DO Of Snort Gurail0n. Way, more ne ulu not
present himself "a "A formal ceuser merely, but as
two speci cations OF the charge. Tie nope and eA-
pectaiion which | had felt, tina: might again re-
rurne my Give duties the f,,c. Were TINS sudden
ly destroyed aud found my Seft exh-ei ed before
the whole country Is unworthy o. con ldenee, and
deserving Infamous dismiss III from the army. 1
have not egtA quietly under he charge 20 uDe6-
pectedly N ade against me- w M impc''unate fnd
unremiLIing effort, es the pub lie tunctolsres VAL
will bear us witness, | have sought and OBJ
famed ('ouf. OF Inquiry 10 investigate The
case, SO & lat t may be snown 10 he Cow
eminent, tn public, and myself what archie facts
10 Justify or dspToTe the chargr. Alter long delay
ana repeae, 28iour1neBts for want OF wtnssses on
the part of the prosecution. the Jud9e-Adyocate,
whose zeal, fidelity, and inpariisIty have been at
all times COZ spiclOus, has exhausted his testimony
proceed to consder the chGTss, and 10 contrast 1t
with the evi deuce which has been sddnced. Meas 4
ur-d bv the Ar3los Of Wa and the genera, opinion
Of military men, Ire chav ye nlputes cull abe act
If high grad e. Guilt IN isuch q case may be pun .
shed with q saith. Il WOE Id seem, therefore, 10 be
plain that IN II which stains sucn charge must
be- prompted by an unwOr by and criminal motive. .
The specitcs Torn must DO susceptible OF a construc
Con eXpresi ing such N olive. IL they frh 10 DO
.his, they ( al 20 sa-tai1 tie charge. The rpetl
fcations il Ibis case MY be 30 construed
The first ono specifics that victory bad
INST been sshioged over the Rebel, and
while the aec1ssd was retiring from tho battle.
ield 10 an o.bcr pCeiiios, no proposed 10 certain
,fce asso ciaied with Tin, among whom was one
Il his own command. E o rs 20 inHusnce his judy
IL
b,ain teroo While they could This Specification,
'andng b Itself, exhi bits general oiicsr, with
mt explains tol or rcasoI, deregadngitDe irzi duty
II sOldie r, namely, - oppose tie enemy while
opposition MAJ secure any advantage, ana proposing
mis- fcilo NO ieers, Wi persuasive lniu; noe, IN
moment OF victory SO ren der Prisoners OF var.
The crimiu IL motive in such C. Sc csnr0t be per-
ons fear, To- 10 impen dug peril IL specified % ex-
lite il. tie contrary, the alleged defeat OF mo
Rebels dis pe5 the idea Of fear, and leaves no other
riminal lotiTe adrssi,bl9, short Of treason. Inc
ecoud s ,efoation exhi bits the officer alter making
he pToTE sit; IN above explained, passing, not
- pri sOnsr to the enemy, but 10 the rear
.way ire N the enemV esrerlI hours "a advance /
n and at andoDing bis command. DO the real facts
proved astain or TefuDs tsese specifications thus cX
,lainedl VI the fads dHclysed by the evidence, /
'easonal ly construed, consistent with honorable
and nna cen. motives, then the rules CT military
well AZ civil Laws an hnmsuity require that such
,onsra ction shall be- given 10 them. In the hrgu-
mept about 10 prefent, shall rft consider the
second pec SeaiioD ecuse that order conforms most
natur lily 20 the succession OF events as they Tran
spired during The ret from Malvern Hill and will
best xhiLii orcuIli tanees which think Will salts
factor lily -efNs the remainder OF the charge Am
then guilty CT abaf doning my brigade ia the pres
ence OF the enemy while retiring from Malvern
utterly 6isprovei and that too by the evidence Of
my aecuser, fitE John Porter himself IL appears
that my brigade 1Gas byouacked on the battlefield
quite h The 'front.' tina; was with 1t, and Tie pick
cts CDty were eli leo rom my communal 0SLWsen
the hOlrs 81 III ynd y o'clock at night, by order oil
the division 90 an ander the pickets were with
drawn, AID n, Brigade was reused from sleep md
commenced tss retreat toward Harrison's Landing.
L. is not eontnVered II It was directed 10 iead the
column # txjaHtfg anil that the retredl i5aJ COM
,aeaced IN nat order. There was all nsediu rseu-
lari.y in tho :movemrnts up TO he moment when we
r. aclel the crest o. Malvern HILL There ! re-
csivcd orls 10 70 await the passage Ct the artI1
le-y then defending the hill, aud 10 grecent