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21, 1825.

application of the word "insubordinats,” refers not sure had been cast upon him, and was desirous to to individual conduct, but to military or collective take off the edge of the unkindness. There could be bodies. Insubordination is disorganizing, and has a no doubt that the language in which his recall had tendency to anarchy; and in this sense it is used by been made, catried on it prima facia evidence of 8 the learned judge, whose authority is unexceptiona- disposition to condemn bis conduct. He had stated ble. But, after all, the learned judge advocate had that the conduct of the government towards him was come to exactly the same conclusion with himself, irreconcileable with its conduct towards gen. Jackson. that insubordination was a breach of subordination. He would now advert to another instance of the in The word “insubordinate," however, is not to be consistency of this conduct. The secretary of the found in any of the departments of literature, and navy had written a letter signifying that, id consecould not, therefore, be received into a criminal quence of complaints which had been made of the charge. One remarkable circunstance is that, after manner in which captain Cassin had insulted the suba all this effort to show that the word is correct, its ap-jects of Spain, by plundering their vessels, &c. that plication, in the charge under consi&eration, is no officer would have to return to the United States. io where laid down. What crime is embraced in the explain his conduct, unless he could meet the chargo word "insubordinate?” It can only mean that ten- with a direct denial. "The accused communicated the dency to anarchy and disorganization, in which sense letter to captain Cassin, who sent home his explanait has been used by judge Marshall; but, in any other tion, which being deemed satisfactory to the departsense, it is to be regarded as altogether inadmissible. ment, he heard no more of it to this day. The accug

The first specification, under this charge, refers ed asked the court to compare this letter with the one then to no disobedience of orders; it merely relates by which he, (the accused), was recalled; and it to the writing and transmitting of letters of a disre- would be seen that something had occurred which spectful character. The meaning of this, it is not had made the secretary less careful of wounding his easy to comprehend. To whom these letters were feelings than he was in the case of captain Cassin. disrespectful, is not known. What the letters are, is He believed that, had the opportunity offered, and be not specified; and, it is replied, when an objection had transmitted, at the moment, the same explanais made to this want of precision, that the only way tions, which he had now made to the court, it would to have made the specification more distinct, would have been considered as satisfactory as the explanahave been to set out the various letters. It might tion of captan Cassin was deemed. But the specihave been done so. Such is the course adopted in all fications do not relate to the merits of the case betrials for libel. But with respect to the fact of their tween the secretary of the navy and the accused; but coming under the operation of the law. What are merely to the terms in which the letter was express. the letters stated in the specification?

ed, and on that point be submitted to the decision of Ist. A letter to the president of the United States, dated April the court. 21. A letter to the secretary of the nary, dated March 16, 1825.

Let his letters be subjected to examination, and it 3d. A letter to the same, dated April 13, 1825.

would be found there was no indecorous expression Ath. A letter to the same, dated June 14, 1825.

--Dothing which aigressed into impropriety; taking The first of these, the letter to the president, com- it for granted that he had cause for complaint. He plains indeed of hard usage; but the complaint is ex- did not deny that they might bave been written with pressed in decorous terms. He could not have select- more regard to politeness, or in a more polished style; ed terms more accordant with decorum. And was but he resisted the imputation that there was any this an act to be condemned by a court martial?- thing which could be deemed rude or offensive. As Does it amount to any wrong or injury done to a su- to the letter, of April 17th, to the president, there perior officer? The right is expressly given, by the was nothing in it which could be deemed improper. articles of war, to make complaint to the command. Is the navy reduced to so low a condition, that its ing officer. The question cannot, therefore, be, whe- members must not dare to whisper complaints, exher the complaint was wrong, but whether the phra-cept in a smiling tone? It was unnecessary for him scology was such as it ought to have been, or such as to enter into an examination of the various contents should have subjected him to a court martial? As he of this letter. It complained of the terms of his re. could not understand that the cause of his complaint call, of the delay which had taken place in the ins was matter for the investigation of a court martial-vestigation-all fair and just subjects of complaint. or whether the writer of the complaint or the presi- These were all evils which were felt by him, as galllent, was in the wrong, it was impossible for him tu ing. He had a right to complain, and when that decide, a priori, what was the precise nature of the right was denied him, he should no longer desire to charge. So far from having a disposition to offer in- retain the commission he held. sult to any member of the government, it was with a Mr. Monroe's letter had been produced, to show reluctance and diffidence, and hesitation, the most that whatever had been done in his case, was under extreme, that he made his complaint at all; and only the direction of the president. But the secretary of in consequence of his long and painful suffering was the navy was the organ, the channel through which it finally made.

he received his orders. The rules of the service do The accused called the attention of the court to his not, except in particular cases, permit a direct comletter to the president of January 1st. What does it munication between the officers and the president. contain? A complaint of the contumelious manner But there was nothing in his letter which could be in which he had been recalled for having committed taken as an attack on the secretary of the navy; nosome alleged offence at Foxardo. From his corres- thing which ought to affect his official feelings, or be pondence with the secretary of the navy, it would deemed injurious to him as a private gentleman. appear that the secretary thought there was something What were these letters to prove that he was the unequal, unjust and harsh in the conduct which had author of these orders? is it to be inferred that been pursued towards him. Complaints had been made every mouth is to be shut; that the accused must nog againsi general Jackson, in congress; but, on that oc- apply to the president himself, por, if there was any casion, the executive authorities steppe.: between higher authority, to that authority? He should have him and his assailants, and defended him. In one of complained to the president, not to the secretary of the letters which the accused had received from the the navy. It seems, then, that a complaint might secretary, that olücer seems to be desirous of explain- have been made to the secretary of the naty, but not ing the reasons for sending out a successor to the ac- to the president; yet, all acts and orders emanalo cused. He had no doubt that the secretary had pen- from the president. ned that letter under a conviction thai unkind cer With sospect to the letter of the secretary or the

pavy, of June 14th, referring to the anonymous note, y others, the author states his inability to obtain the published in the National Journal, it would be seen, principal inquiry ought to be, what motive could inby the evidence of Mr. Force, that he had some cause duce the author to give an inaccurate statement? Is to suspect that the secretary of the navy was, in it supposed that the inaccuracies originated in any some way, connected with the publication of that bad motive, and that it is the duty of the court, under note. But unless there bad been something deroga- that impression, to take cognizance of any trifling er tory to the character in the note itself, how could it be ror-typographical or otherwise. Is it necessary for disrespectful to him to consider him as the author? the accused to defend himself against that which is not He had himself received a letter from the secretary charged--a wicked desire to mutilate? He could of the navy, of the same date with the note, expressed easily show what pains he took to be correct; his elin terms equivalent to those in the note, and almost forts to procure the journals, and to giard against identical in its language, and this naturally led to the mistakes of every kind. In another view of the case, suspicion he had formed as to the authorship of the what possible motive could there be for mis-stating note. And he saw nothing indecorous in the secre- facts! Look at all the errors, from the beginning to tary making a communication to a public journal, to the end, and it will be seen that nothing occurs to correct a suppossed mis-statement. If it had not change the sense, although there are many singular came from him, circumstances justified the accused discrepancies. And are these to be chargeable to in attributing it to some source which was in bis con- the accused, or the clerks he employed to make the fidence, the date and terms of both communications copies? Yet, it is alleged that they thus originated. being the same. It had not been asserted that the The judge advocate had examined Mr. Harrison, who secretary of the navy was not privy to the note, and copied the record of the court from the original miit had been admitted to have emanated from one in rutes. A number of erasures and interlineations bis confidence.

were pointed out to him: the erasures were made The accused would now proceed to take a more with ink, and the words erased might, with some cursory view of the other specifications, relying more little difficulty, be made out; and it is singWar that, upon the documents which were before the court, in some instances, these erased words were so dirthan on any remarks which he should be able to ferent from the words interlined in their stead, that make.

it was impossible to believe that one was substitutThe second specification charges him with having ed for the other, by the mere mistake of the copyist. published, without authority, the proceedings of the In one instance it is remarkable that the pamphlet court of inquiry. So much had been said on this of the accused agrees with the record as it stood, subject in the former argument of his counsel, that previous to the erasure. The evidence on this point the accused would not take up much of the time of was strong in favor of the accused. What follows! the court on this point. It may well be asked, under Is it pot probable that after the copy was taken for the what fixed rule or article, the publications of the pro-accused, the erasures were made! He begged to disceedings of the court could be charged as a crime! claim any illiberal imputation. It was the duty of The court, while in session, had certain powers, the judge advocate to make his copy as perfect as and might, as the present court martial had done, possible, before he sent it to the department. What have issued an order prohibiting the taking notes for renders this supposition more probable is that the publication, and could have punished any contempt copy of the last day's proceedings was corrected in of that order. It was considered disrespectful to lay the hand-writing of the judge advocate himself. before the public the proceedings of the court of in He considered himself, therefore, warranted in quiry, until the facts had been before the executive. the conclusion that these discrepancies were noi But it would be hard, indeed, after so many prece-chargeable to him or to his clerk; but that they were dents for this art, which the courts of law exhibited, owing to changes in the phraseology which the judg: that this should be made the subject of a criminal ment of the Judge advocate had, on revisal, inducet charge. It had been said, that, although the court him to make. There was another circumstance which had been disselved, the president had the proceed- he would state in corroboration. One of the inaccuings before him for deliberation. He was at a loss racies pointed out in the printed pamphlet, is the to know what evil could result from a publication, omission of a note, which is appended in the margin during the deliberations of the executive. His de- of the record. How does that affect the proceedings? liberations are not open. Almost the only means he in the body of the record, the judge advocate can has of obtaining any information froin out of doors, only insert the regular proceedings of the court; is through the public prints; and the mischiefs which every thing of a digressive character must be added were to be apprehended from closing them would be as a marginal reference. The omission of this note, more serious than any which were to be feared from therefore, did not injure the correctness of the retheir full liberty.

port of the proceedings. The document, with the The next specification is, that the accused publish oroission of which he was charged, was a letter for ed an incorrect statement of the proceedings. In which he applied, without success, to the judge adreference to this specification he urged that it was vocate. That gentleman had, indeed, explained the fully as probable that the incorrectness might exist reasons which had indnred his refusal, but they did in the copy made of his minutes for the judge advo. not appear to the accused to be conclusire. He was cate, as in the publication of the accused, which had not disposed to attach censure hostilely, but be must also been copied from the original minutes of the complain, that, with all these pregnant circumstances, judge advocate, and compared with the utmost care, showing the nature of these mistakes, and the indoin order to prevent the possibility of error. When cence of the accused of any evil motive, the secreta. these errors came to be examined they were found ry of the navy and the law officer of the court, should to be of the most trivial character: misspelt words, have thought the errors worthy to be made the suba laise concord, a phrase italicised. The fact is, ject of a grave charge before a court martial. la however, that the motives of this publication have would not go more into detail, with respect to this been greatly mislioderstool. It does not purport to point. The court had the documents before it, and be a full and correct report. It is simply an exposi- would be directed by them in its decision. The 4th tion of the facts which occurred at Foxardo, and the specification brings up again disrespectful words, ia consequences which resulted from that atlair, toge- the form of insingations: thus insinuations and inther with the proceedings of the court of inquiry correct statements are referred to, without a single These proceedings are not exactly set out as they oc specification to show in what they consist. With recurred: some of them are stated :5 de mare abstracts; l gard to the secrctary of the nary, be bad eccopialoed

to him His letter also to the president, shows that, difculties might arise. He was deprived, hy this refusa), of this the subject of it was a complaint. He is here charg- privilege of confronting bis accusers, and of interrogating and ed with disrespect to the court of inquiry, because testimony only as the committee close to select was heard, and, he published the proceedings and found fault with when puhlished to the world, declared a language different fruns them. If it were necessary to justify himself from what the witaesses intended. this charge, by showing the temper of that court ta- examine witnesses, how easily may be indulged in rancorous invec

"By refusing the accused an opportunity to confront and crossward him, he could find sufficient ground on which to live, and occasious sought to vede malignant and implacable rejustify himself. That he had cause of complaint was sentment. Your respondent does not preteud to assert that any Clear, from the fact that the court had placed him has barely adverted to it, as forming a portion of the ruil conse under an interdiction, and continued it, with stern quences which might arise from so intormal a method of inquiry. and unrelenting severity, after he had explained To adopt such a course, is to prostrate the rules of judicial pro away the cause. He had objected to the formation cerdings, to violate every maxim of justice, aod to trample duwa

all the sacred guaranties of the constitution." of that court-whether the objection was well or ill The committee, whilst adverting to the origin of the Seminole founded, he had a right to be heard—the court de- war, have omitted to enumerate the Spanish and Indian aggress cided that it had no power to pronounce on its own adopted in its prosecution. Tbey have rather employed palliatives competency, but referred the question to the decision for the outrages of the enemy, and given an aggravated aspect to of the secretary of the navy. He objected to this the measures which were a lopted for the peace and security of course for reasons which he stated; and having, in collected-the misconception of facts, and incorrect argumente the course of his remarks, used the term "incompe- contained in the repore-the time at wbicb it was publisheel, an! tency,” the court construed it as applying to its the style in which it was composed, and your respondent cannot mental instead of its legal character, whereas it forego the belief that it evinces an hostilny to the executive, atid

to the military officers under his command." would be seen, by reference to the letter of the ac "After all the above circumstances had transpired, and it was cused, that it had reference only to the legal ah-supposed that the subject of the Seminole war had been finally thority and construction of the court. The court, it up with a vidity, prosecuted it with an assiduity that was unexam. however, proceeded on its own inferences. No com- pled, and animadverted upon the conduct of the executive and his munication, which the accused might offer, was to official agents, in a manner which, it is believed to be altogether be received, until it should have been read by the have evinced a disposition to starp upon the whole transaction, judge advocate, and determined by him to be free and thuse connected with it, infamy and disgrace." from exception. It was then deliberated on by the

"Should the time ever arrive when a majority of any of the suppe court in conclave, to which the accused was not to ceed to criminate a public officer, or effect his remuval, in order

rior tribunals of the nation, influenced by party feelings, shall probe admitted. Had the accused submitted to this, he to create a vrcancy, or to gratify the ambition of a favorite partiwould have betrayed the right he possessed, of a di- san, then may private resentment, and the most angry passions, rect communication with the court, without the in acquire an unbounded and dangerous control over their proceed!

ings. Every sentiment of justice and humanity will be completely tervention of any intermediate power. If that court stilled, as well as all regard for the constitution and laws. The bad thus misconstrued the meaning of the accused, tbe patriot will have ample cause to tremble for the honor of his coun. present court would do him the justice to regard it and the perpeculty of her republican institutions. The veni. in the light he had stated. The interdict and its blood of our heroes and the wisdom of our sages, will be imminently cause were placed on the record of that court against endangered, if not entirely buried in ruins. Him, and this constituted a suflicient cause of com- world, at a time to preclude all investigation, is a circome ance

"That the charges preferred should loave been published to the plaint.

but little calculated io impart consolation, or lo quiet the alarms of

reputation assailed. No other sentiment can be indulger, thank On the subject of the right which every military that it was intended, by eonnteracting the decision of the house of mao possessed, of making an appeal to the public, representatives

, previnusty made, to proluce an unfavorable im. it would be impossible to deny it.

Instances are nu-pression on the public mind, before any thing could be offered as

an antidote to the impressious it was intended to disseminate merous, both here and in England, of appeals from Twelve months have clapsed since the publication of the report; officers to the public, when they have imagined that all investigation has been necessarily, postponed, and hence has injustice has been done to them by courts. He would additional, unmerited injury ben sustained. The effect has been to advert to a single precedent, the value of which which is essential to correct determination."

excite prejudice, and thereby prevent that impartial examination could not be misunderstood; and that is, between a "So far as the committee have einhraced, within their investilegislative body and a high military oficer. If there ration, the original causes of the war; the withdrawal of the regu. be a situation in which, more than in any other, a innterrs and frirudiy Indians; i he execution of Arbulbuot and military officer feels the necessity of adopting a re-Ambrister; the order to take possession of St. Augustine, and the spectful phraseology, it is when speaking to the high reasons and motives of your respondent, in the conduce and malegislature of his country. It is well known that gen. and a departure from sound practice. This objection is not macle, Jackson, by his attack and conquest of the Floridas, by your respondent; upon ilite ground that be considers his com drew on him a strict inquiry in both houses of con- duce vulnerable, or from a wish to elude inquiry, but is barely

medlined as prestlin ption of the struing disposition of your con. gress. The house of representatives had made a re

mittee to affix censure upon his colives and actions." port, fully acquitting him of any criminality. The

lositule a comparison between this proceeding and that of the report made by the senate was of an adverse chorac-coult of inquiry. 'I would be next to srupossible for any man tu ter; and it was made so late in the session, that no make a statement in more decorous terus than that which the acopportunity was afforded to the general to justify with the memorial of gen. Jackson, and look at the consequences himself before the following session. sented a memorial, addressed to that elevated body, merrly for remonstrating aprinse the proceedings of the court of and expressed in language so strong, that it became inquirymily for utiering a complaine-liere am I denounced

and subjected to a lertious aur gulling prosecution, procrastinated a question whether it ought to be received. On the for seven or eight months, while general Jackson is elevated to motion to print it, it was urged by some members, tbe highest piech of public favor, and is now an ornament of that that, to print it, was to give a sanction to language very senute which he is supposed to have issulted." which was disrespectful to their character. It was, authority, maie gelie omheint communications are correspon

The stb specification charges the secund with having, withouc However, triumphantly decided to be a right which wence. What are the uticias conmunications, &c. is not specified. cvery citizen possessed to make his complaints in the only publication specified, ste iwo in public news.apersfirm language. The accused here read the following take up the time of the court in the inquiry, under while low this sentences from the memorial of general Jackson, in specification has ben Malle. But whai law. either in the writer illustration of the argument.

or statute law of the country, renders all officer ut the lay eri

minal for such an act sy this! He hne w ut no law wiosch Sorbis "The manner in which the inquiry was condacced by the com such a publication. This correspondence is of' : puhiie latur, mittee is believed to have ben nuvel; mass of testimonis, tending sud is jistenter der the benesis of the public. Tre are nui t** *riously to affect the rputation of an individual, was collected; predicampus in which su offic.r nay' we placed by * punication sud, although it was proposeil, yet was an opportunity denied him of this du seription. u appearing before them to offer any statement or explanation in !St. W, iyr some reasons of ocate, the drparim: nt diay bave hy power, in relation to busc subjects upon which doubls and enjuized scericy.

Ediy: When, for some reasons of state or for some military pur i ment, that a larger frigate should be prepared for him. After this pose, the communication carries on its face an obligation to secrecy; decision of com. Roogers, in November, 1823, and the leturs he

Were these letters communicated under the sanction of secrecy? had subsequently rrecived, promising either a sbip of the line or a 'There is no evidence to prove any thing of the kind.

larger frigate, he left it to the court to determine whether, when Were thry, in their nacure, contidencial and was the disclosore he complained, in 1824, on being ordered to go to his station ing of them likely to be followed by any ill consequences? If it were sinall and insuftleient vessel, and requested to remain until a sajt. admitted that he fiad disclosed matiers, which violated confidence able vessel could be prepared, there was any tbing it his complaint imposed on him, he would then be guilty of scandalous conduct, which deserved the character of captious or wired sonable unbecoming an officer, and night be tried op that charge, under a bad been often promised; these proinises had nut bero fulfilled; specific article. He would not take up the time of the court, in and the object of his stay at Washington, was to infuse that seti Oiscussiog whether he had acted with suficient politeness and vity into the department, which, he had reason to believe, would be courtesy,

because he did not concede that the court had any power the result of his presence on the spot. to decide on these points; if it bad, the evidence on the face of the The only other part of the deposition of Mr. Monroe which apletters would be sufficient for him to rely on. He would, there. pears to have been introduced, in order to produce any effect, i, fore, dismuss this point, in as general a manner as the specification that which relates to the interchange of personal civilities. I be under which it was brought, was worded.

letter whieh the accused addressed to Monroe, of the date of 10th He had thus gone through, though with much tediousness to March, was written with the design to detach, in the president's to those who had favored with their attention the various points mind, all official feelings from those which were of a private che which he bad to urge in bis defence. But he wished now io ad. racter. Yet this was construed into a proposition to explain his vert, before he concluded, to a document which was before the official conduct. He presumed that nothing but a very besty pe court: he meant the deposition of Mr. Monroe. If he understood rusal of bis letter could have led Mr. Monroe into a construction to thegist of this matter, it was intended so to strengthen the charges erroneous and unwarranted. The only purpose for which these offagainst him, as to induce the president of the United States to lay cial topics were introduced into the letter was to explain and spolehur ander some interdict, on suspicion of being guilty of some gize for his conduct in not calling on the president. Thus be esoffence not developed. It was alleged that he laad left the West plained the matter in nis second lecter; and in this light, Mr. Mon. Indian station, in 1924, without leave, and without apprising roe says, in lois deposition, be ought to have viewed it. Yet, not wichthe secretary of the navy; that be had remained for some months standing this admission, he has deposited this correspondence in at Washington city, and that, wheu ordered to return to his the archives of the nary department. The accused could not but station, he displayed much reluctance to obey the order, and regard this conduct as extraordinary; but if Mr. Monroe was himto the manner in which he was to return As to the charge self satisfied with what he ha done, it was not for him to reitiark of having quitted the station without leave, he could justily further upon it. As to that part which states that Mr. Monroe took himself by the latter part of the instructions of the secretary on bimselt the responsibility of all the order which were issued, of the tiary, (Thompson), in whiel he was enjoined to adopt the accused trad nothing to say. those measures which were best calculated to preserve the health A question had been proposed to Mr. Monroe, whether there was of the squadron Again, by a subsequent correspondence with not something singular in the conduct of the accused, io not apilie secretary, in whijen he was authorized, by a carte blanche, proaching the president, without asking leave. To some, this may to return home when, and in what manner be pleased-a permis. l be the ground of an injurious supposition; bot as he was conscious sion which the successor to tbe late secreters had never recalled of the purity of his motives aud conduct, an apprehension of such Whether the present scretary was aware of the extent of this a result would produce but a slight impression. His reputation discretion, he could not say; but that le did not defend the conduct stood too firmly, as well as too bigb, to be shaken by idle surmises of the accused, on his return, to the president, either shows that he If he was one of those to whom tbc smiles of power were of any te. was not aware of it, or justities me in my complaint of him. When lue, he might take alarm at such a suggestioo: but such was not he returned, in 1822, no censare was cast upon him, and when was the construction of his character. In the letter of Mr. Nonroe, he the discretion revoked, on which he then scted. He had not, bow says that he conceived that it would be improper to receive the so ever, quitted the station, in 1824, without giving notice, but, by cused, while his conduct was unexplained. As he has given this day when the accused had arrived. He had despatched this letter spoken truly, and this must be regarded as the sole reasou by wbie some fatality, the secretary did not receive the letter until the very statement upder the solemn guarantee of an oath, be has, no doubig by lieut. Legar; but it was not material to go farther. It was the president was swayed. proper and polite that he should give notice, and the department The truth is, when the accused found himself under the from or was aware of the reason which had prevented the receipt of the displeasure

of the president, he attributed it to some offenee in style, despatch in proper time. By some means, tbe president bad taken of which he had been guilty, or some other unaccountable prejeup the idea that he bad returned without leave.

He had hoped, when other explanations were made, through he could leave done so without any surrender of right. The presi com. Chaunces, that this , also had been explained. He had, after det bad boken up an impression that

, iu bois conduet at Forte, wards, been trequentiy invited to the house of the president,

but the accused did

not follow the dictates of his cool judgmentyweigis ings had heen wonded. From the depositions which liave been read, been under the influence of pique, because he had not beebesente it would seem that Mr. Monroe's mind is yet under a cloud on this Foxardo in a fit of passion.

out to his station in a larger vessel, and had to ade the descent os $11nject; and of this, he had not, until now, even entertained a sus. The report of the secret ry of the navy, dated 1st Dec: that he would

not have ordered my recall. It was, however, of

Had the president kuown otherwise, it is but fair to presume 1524, appeared to him to be a sufficient vindication of him. He minor importance in what degree of distror he stsed with the didapperhend tbat this report, wade some tive or six months after executive, or sug subordinate member of the government. If be cessary. As to the other impression on the mind of the venerabide of the government, obliged

to bend to those who were placed in So the time of his delay in Washington, it would be seen by that to serve his coqutry; but he was

the slave of no government. He report, that, during the whole of this period, he had been actively belonged to the people, and was the servant only of the people. Friday would show how actively his time had been employed dur uod of other officers, which could not but be manifest. The re ill-health of the accused, in the manner of a palliation of his con- port de the proceedings at Foxardo was received at the department Vere'sickness; wer the oppression of a local

disorder, caused bp call, however, was not dated umil the 27th of December, the day

partment would have instantly recalled hid. The letter of re the exfoliation of the bone of his shoulder; he was still alive to live when the resolution of congress, calling on the executive for it duties which devolved upon him, and devured every hour to active formation on the subject, passed. He believed, but for that, the employment.

executive would liave waited for bis explanation. It was bis mis Notwithstunding the peremptory order he received to join the fortune, not the fault of the executive, that the president could aquadron on his station, he expecied to have been accommodated not brave the inquiry of tbe house of representatives, as it had with a roomy frigute. When be received the order, he remuri done that of the senate in the case of gen. Jackson. Had an strated to the department; and that remonstrance was not com investigation takea place, even immediately after his return, be plained of. According to ide showing of the secretary, there was should have easily justified himself. But, when the length of ho immediate necessity for his retura. It was every where admittime, which had elapsed, and the treatment he lead reeived, are led that piracy had diminished, and our commerce required no considered, it will not be denied that he has a right to complain. energetic movemeat to protect it. He wished to acquit himself of One remark inore. It has been said, with respect to ihe sufthe warge oi' captious complaint The secretary of the nary apuficiency of the charges and the legality of the offence, that the pears to regard it as triling wbether the commander of a squad-executive might bave dismissed the accused, by a summary exer ron shall go out in a vessel sufficientis large to give protection to cise of his power; that the very fact of preferring the ebarges in his Dag-ivhether be proceeils to sea in a galliot or a seventy-four. to be taken as evidence that the conduct of the accused is eensurSo early as the spring of 1823, he had clearly shown the necessityd; and that the court bas only to hear the focus and receive wha: of having a larger vessel, with a view to the preservation of the is offered in mitigation. The judge edvoeste had deeidel that bealth of the squadron, as well as for other purposes. In the month this was a military offence, which a court-martial could try-whe of November of that year, com. Rodgers adopted all his views on ther it could also puujsh, he had not said. He presumed it was in the subject, and recommended that a seventy-four should be sent lended that the court miglit sit as a court or inquest, to try the to the station. During the correspondence of the accused with facts. All he could say, was, the court must have absolute jurit the d-partment, in 1834, various promises were beld out to him, dicuon or none. If his 'offence is one wbich the executive can stating Wiat he should be furnished with a ship of the line; but the punish, it is conclusive that this court cao sake no cognizance of limited appropriation made by congress at that time, prevented the it. This would he an anumaly. It ibe president has the power to fitting out of a vesst) of that character It was adipitted, by se punish, he cannot delegate chat power. The power is, tben, veral letters, and one from Mr. Hay, the chie fi clerk of the depare with him to punish and with him alone.



No. 25–Vol. IV.) BALTIMORE, AUGUST 20, 1825.

(Vol. XXVIII. Whole xo. 727



ELPThe quantity of documentary and current, he had been punished already, by being put on half matter which it seems proper should be inserted for pay. [The finding of the court," (approved by the present use and reference, far exceeds the limits of president), is that he shall be suspended from pay this work; and it will require two or three papers to and emoluments for two years.] bring up the lee-way caused by the insertion of com. On Tuesday, the case of lieut. Hunter came before Porter's desence in the last Register, and the subse- the court, charged with "neglect of duty” for sufferquent proceedings of the court martial, given in ing a certain Spaniard, named Madrid, to come on the present. A large quantity of matter, in type, is board the Franklin 74, &c. Iging over.

Lieutenant Hunter put in a document, in which he

pleaded guilty to the fact, but not to the charge of Gen. Lafayette, accompanied by the president of neglect of duty.” The document then went on to the United States, returned to Washington, from his give some explanations of the reasons by which he visit to Mr. Monroe, on Wednesday, last week. A had been actuated in refraining from making a regreat public dinner was given to them and the late port of the person alluded to. This man was a Spapresident, by the people of Leesburg—the particulars niard, named Madrid, and had been introduced on of which shall be noticed hereafter. On Saturday board at Callao, with the knowledge and consent of last, the general again left Wasbington to pay a fare Mrs. Stewart; and as he was employed in the pantry, well visit to Messrs. Jefferson and Madison. He is by which captain Stewart and the officers were conDot espected to return for several days.

stantly in the habit of passing to and fro, he could

not presume otherwise than that he was there with Goy. Clinton arrived at New York on the evening the knowledge of the captain. He was employed to of the 11th inst. after having received, in Ohio and clean knives for the gabin, and to assist the steward Pennsylvania, every attention which a generous peo- in other matters. Lieut. Hunter went on to state ple could bestow, for the benefits which he has con- that, from what had subsequently transpired, lie had ferred on our common country, through the success no doubt that commodore Stewart was ignorant of of his labors in the state of New York. As in repub- the fact of this man being on board. lics, the favorable opinion of the people is the richest A deposition made by Mrs. Stewart, in the preroward that can be bestowed on the deserving, we sence of a magistrate or the state of Massachusetts, shall take an early opportunity to give some particu- was then put in by the judge advocate, and read. Jar account of the proceedings had at different places, The purport of this deposition was to show that this in honor of this distinguished citizen.

Spaniard had been received on board the Franklin

in the harbor of Callao, under the sanction of Mrs. MR. VAUGHAN, the new British minister, arrived Stewart. He had been introduced to her protection at Annapolis, on Friday, last week, in the British by some friends at Callao; and she had suffered bim frigate Phæton. Salutes were exchanged between to be brought on board, and continued there, without her and Fort Severn. The minister reached Wash- the knowledge or consent of capt. Stewart, because ington on Monday evening. He is spoken of as a she considered him to be an officer of the patriotic liberal and accomplished gentleman.

army, and that he would certainly be sentenced to

death, and as certainly executed, if she withheld her Thompson's ISLAND is dreadfully sickly. Of about consent. She could not see a human being in this 30 marines, who were on the island five or six weeks dangerous situation without taking some measures previous to the date of our last accounts, only three to rescue him. She had, therefore, consented to his remained fit for duty-two thirds were dead, the rest being brought on board, and employed by the stewvery ill! The sailors had suffered in the like propor- ard, until the Franklin arrived at some place of setion! Lieut. com. Tupper was left at the point of curity. It appeared that the man came from another death. A vessel had been sent to fall in with com. vessel on board the Franklin, and remained there Warrington to apprize him of this state of things, be- until she arrived at Quilca, when he left her, and fore the yellow fover should have swept away the went on shore. whole of those stationed at or on the island.

There being no further testimony in this case, the

court was cleared to deliberate on the judgment. NAVAL COURT MARTIAL. For the result of commo (Lieut. Hunter has been found "not guilty,” and dore Porter's trial, see page 390.

the president has approved of the verdict of the court. It is stated that the whole of the proceedings of the The charge against lieut. Hunter was preferred by court of inquiry and court martial, in the case of com. com. Stewart.] Porter, will be speedily published, under the direc As several members of the late court martial will tion of the cxecutive, for the correct information of be required as witnesses, it has been re-organized, the public. “An examination of com. Porter's expo- and now consists of com. Barron, president, and capsition,” &c. is also to be published by Mr. Cose, the tains Crane, Spence, Cassin, Henley, Eliatt, Rena judge advocate.

shaw, Brown, Thompson, Wadsworth, Rodgers, and Sailing master Mull, dismissed at the same time Read, members*— Vir. Coxe, judge advocate. with midshipman Vandyke, for alleged offences on Com. Stewart's case has been taken up. It relates board the North Carolina, has been restored. to certain transactions, supposed to have taken place

The trial of lieut. Whitlock came before the court while he was in command of the Frankiın 74, for on Monday last. The charge against him was for which lieut. Weaver was disiaissed the service. "neglect of duty,” in four specifications, for sleeping Several officers, from the French squadron at Noron bis watch, supported by the testimony of lieut. folk, have visited the court martial, and were introcom. Oellers.' Lieutenant Perry tęstified to the ge- duced to the members. neral good conduct of lieut. W.; and the inadequate accommodations for refreshment and sleep on board Capts. Tingey, Biddle, Ridgely and Downes omitthe small schooners, was pleaded in his behalf; and ted- and capts. Crane, Cassia and Read added.


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