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■gg^_DEMOCRACY, THE COMSTITVTIOJY, AMD. STATE RIG/ITS. -^^Jj'^VWANTS & m;TI,KR.] RICHMOND, VIRGINIA, Tl)ESUAYi~Jt?N:R~77~tftMir 1 "* —1- --—uiiBM IU" Tko Constitutional Wiiio is published he ice a week, (Ticcsdays' and Fridays',) at five dol lars per annum, payable in advance. IITyr advertising—fifty cents a square (or less) for the first insertion, and 37 1-2 cents for each con titnuuice.—7'he number of insertions must be. noted on the. M. S., otherwise th y will be continued and charged accordingly. H J* Advertisements from the. country to be paid for in adranee, or assumed by some responsible indi vidual -in tins pinec or Manchester. U-1“ A/l letters to the Editors must hr post-paid, <>c they will rcceii-c no attention. PEOPLE’S ticket! FOR PRESIDF.NT OF THE V. STATES, JOHN QUINCY ADAMS of Massachusetts. FOR VICn-ORESIDENTj* SOME TRIED & APPROVED DEMOCRAT. “The people of the United States are one great family—as long as the Uuion of the States holds, a citizen from one section, provided he be honest, ca pable, and faithful to the Constitution and the Peo ple, ought to be as acceptable to the opposite sec tion, as to the cue which claims his birth or resi dence.” mesSaue “ . JFrnm the President of the United Stales, trans mitting a report if the Secretary if the Auvy, accompanied with the proceedings if a C'uurt Martial lately held at M'orfollc, for the trial if Lieut. UeverUj Kennon, (rendered in obe dience to a resolution of tho House if Repre sent.dives, of the Until April id21.) To thf. House of Representatives: 1 herewith transmit to the House of Repre sentatives a report of the Secretary of tho Navy, together with the proceedings of a "court martial, lately hell at Norfolk, for the trial of Lieut, 'lleverly Kennon, as reijuestcdby a resolution of lhu House, bearing date the 25th of April, 1821. JAMES MONROE. %Muy 14, 1824. Navy Department, May 13, 1824. Sir: In obedience to a resolution of the House of Representatives, of the 23d of April lost, calling for the proceedings of a court mar tial lately held at Norfolk, for the trial ofLieut. Beverly Kennon, of the United States’ Navj', I have the honor to transmit, herewith, a copy of the proceedings of said court, with copies of the communications which have passed on the sub ject of publishing the same. With the highest respect, I am, sir, \ our obedient servant, SAML. L. SOUTHARD. The President of the United States. Wasiunoton, March 21, 1821. Dear. Sir : I received, this morning, a letter from a friend in Virginia, upon the subject of the late arrest and trial of Beverly Ivenuon, a lieu tenant in the naval service of the United States. The object of this letter was to call my atten tion to a decision which it is understood your Department has made, UnL the proceedings of this trial are not to be published, and no copy of them furnished. My motive in addressing this letter to you is, to inquire whether the proceed ings of this court martial have been officially re ceived by you, and whether any decision lias yet been made as to the propriety of withholding them from the public. If so, the extent of the decision, and the reasons for it. I ask this in formation as a Representative from Virginia, (mauy of whose citizens feel a deep interest in the subject,) aud under a persuasion that there is no impropriety in my doing so. Should there be, you will frankly tell me so, and withhold it. With sentiments of esteem aud Respect, I ain, Szc. ANDREW STEVENSON. S. SoUTHARP, Esq. Secretary if the Navy. Navy Department, March 2G, 182 1. Sin : I have received your letter, dated the •■day before yesterday, and cheerfully answer the inquiries made in it. ‘The proceedings of the court martial in the •case of Lieut. B. Ivennon were rccievcd on the 228th February; I immediately commenced the •examination of them, and proceeded as rapidly as other official duties would, at the time, per -niit. -They lilted, probably, six quires of paper, and I was not able to finish them for several days. Tlie sentence fully acquitted Lieute nant Kounnn, aud was approved. On the I Oth ot this month ( enclosed to him a copy of the sentence and approval, with permis sion to publish it, and information that I intend ed to do so. Five days ago I sent a copy to the Editors of the,National Intelligencer, and re quested them to insert it in their paper, and I perceive that it appears there in yesterday’s pa • p.o»% Ill my letter to Lieut. Kcnnon t said, t: I am gratified that this sentence enables me to re store you to the station which you held before your arrest. You will proceed a» passenger in the Peacock, and resume that station on meet ing the frigate United States.” I presume tbc letter from your friend was written before the course taken by tbc Depart ment was known, and was occasioned by the de lay in approving and promulgating the sentence —a delay which I sincerely regret, but which I could not avoid. If your inquiry was designed to extend, not only to the remit of the trial, but to the whole proceedings of the court martial, it is proper for me to.state, that they have not beou published. It is not the custom of this Department to pub lish the proceedings of courts martial, except in very particular cases; and, if this were not sc*, there are circumstances attending this case, which, in my opinion, render it indiscreet and imp Mperfor the Department to make the pub lication. Much, perhaps all, of th** difficulties in Lieut. Kcnnon’s case, arose from improper articles in the newspapers, which ought not to have been made by tbc parties, as officers. Had j the facts been within my knowledge and con-! trol early enough, I should not have permitted J events to take the course they did ; hut, after I ■ was informed, I was not able to stop them be- J fore the trial, without producing a greater evil. | Tiic trial has now taken place. Lien*. Keu non has been fully acquitted, and honorably re stored to the station he held before his &rrrs{. Further proceedings, and further exposure bo* fore tbc public, it seems t<j me, can he of no ser yice to him. miles '. it. might possibly eventuate in ths gratification of personal feelings, which it tv#>uldbeno credit to him, before this nation, to cherish. There must, in some way, be a pe riod put to the public altercations of our naval officers, |t\ this as well as in other cases, unless tfc are disposed to break down both the disci pline of *j«,c .sorvion and the affections of the na tion for <| (e v»avy. There can be no period bet ’s/ fo/Jttj -• qiuvposc than the present; and *o far as depends on this Department, it wilt now be done. Orders have heretofore been given to prevent a resort to newspapers to exhibit charges, and injure each otber’s reputation, and these orders will be rigidly enforced. If one oflicei* be guilty of improper conduct towards another, or towards the public, there is a much easier and better remedy dictated, both by self respect and regard to the service. Should the I>eparfcncnt publish the proceedings of this court martial, they will be calculated to conti nue a state of things in no way serviceable to Lieut. Ketinon, Commodore Porter, or the na vy generally ; but would probably produce dis cussions, excite feelings, and create controver sies, alike injurious to all. There are matters in the defence calculated to encroach strongly on discipline and good order. The peace ol‘ the service deiqiuuls that the matter rest as it is, so far, at least, as this Department is concerned. Another objection to the publication arises from what I suppose to be the fact, that both Lieut. Keunon and Commodore Porter have lefl the United States. The latter sailed before the trial closed, and before I expected that he would; dud, in ordering Limit. Kmmon to rejoin his ship, I yvas governed bv what I believed to be his yvish, as expressed through the yvhole course of the proceedings, anil by what I conceived pro per, as the result of a full acquittal. As respects the furnishing of a copy of the proceedings about which you inquire, I should believe it better that no copy be furnished to any one; but it will not be refused, should it be re quested by the parties, with a view to such a use of it as becomes their duty to the service in which they are engaged. If you have yourself a wish to see the pro ceedings, or converse with me on the subject, I will meet your wishes with pleasure. 1 am very respectfully, y our obeJint servant, SAMUEL L. SOUTHARD. lion. Andrew Stevenson. House of Jicpresentuliocs. Washington, ,'lpril Olfi, 1021. Sir; \\ c beg leave again to trouble you, up on the subject of Lieutenant Kcniion’s trial.— Our object is to obtain from your Department a full transcript of the proceedings of the Court Martial, to he used by the friends of Mr. Iven non, in further vindication of his character and conduct. Having, in our late interview with you, sta ted at large the roasous why, in our opinion, these proceedings ought to he made public, we deem it unnecessary to do more at this time, than to ask, that a copy of the trial, &c. may be furnished us, as soon as it can be conveniently done \ cry respectfully, Sir, We arc your obedient servants, AND. STEVENSON, M. ALEXANDER, Jun. Samuel. L. SouTn.vnn, Esq. Secretary of Ike JSTuvy. Navy Department, April 10th 1824. Gentlemen: I have liad the honor to re ceive your letter of the Slh, requesting a full transcr ipt of the proceedings of the Court Mar tial, in the case of Lieutenant Kennon, to be used by his friends, in further vindication of his character and conduct, and have reflected on the reasons urged by'you in our late interview, why, in your opinion, these proceedings ought to lie made public. The opinion heretofore expressed, and the course pursued by me, have been governed bv a reference to the interest of the public, and the duties of the department, without regard to the wishes of Commodore Porter, or Lieutenant Kennon, neither of them having personally or directly' made application, either for a copy oflhe proceedings, or for publication by the Depart ment. Sown after the trial, a friend of Commo dore Porter expressed a wish that they might be published, and a copy forwarded to him, which I declined. Your request is the first on behalf of Lieutenant Kennon, and appears to me to be of the same kind, and to require the same decision. In my letter to Mr. Stevenson, dated 2Gth March, I gave the view which I then took of this case. I have reconsidered it with the at tention demanded by respect for your request and opinions, and it still seems to me correct._ In the exercise of my best discretion, and with out any possible individual or personal feeling, I determined not to publish the proceedings, be cause it was contrary to the custom of the De partment ; because the parties were both ah- j sent from the country ; and because I believed j it would resusit in injury to the service, & those concerned, i ncse reasons remain unchanged, and I cannot, therefore, consistently w ith my sense of duty, make the publication. 1 also stated, in the letter referred to. that, al though 1 believe it betterthat no copy should he furnished to any one, yet it would not be refus ed, should it be requested by the parties, with a v:CW to such a use of it as becomes their duty to the scrviceln which they arc engaged. No such request has been made. Both left the country without it, and so fur as I am informed, without desiring (her friends to obtain it. Lieutenant ivennon was in Norfolk, several days after the sentence of the court, and the opinion of the Department was communicated to him, and he expressed no dissatisfaction, and made no re presentation of any kind on the subject. Under these facts, I think it improper to yield a copy to the friends of either of the parties, to he used in their absence, and for which they can, in no way, be made answerable. It is unpleasant to me to deny wliat you re quest ; but, it is impossible to draw a distinction between yourselves and other citizen? uncon nected with the parlies or to yield copies of of ficial papers especially of this description with out strong reasons for so doing. But, although satisfied that my determination comports with the public interest, yet, if I err, and any evils are likely torc'still from the course I pursue it Is pleasant to me to know that you have, in your official stations, ready and convenient means to relieve both in lividals and the public from them ; a relief as gratifyingto me, as it can be to your selves. I am, very respectfully. Your obedient servant. SAMUEL L. SOUTHARD. Hon. Avtv^f.w Stf.phbjjson, and M «Rk \lf,xandf.r, J fait sc of Representatives. IVisitiyr.Toy, April 20, 182 l. Dr \r Strt: Wc beg leave to inquire whether you have received a joint letter, written by us eight or ten days ago ; and, if so, whether the request it makes will be complied with. Very respectfully, Your obedient servants. AND. STEVENSON, M. ALEXANDER, <hm. SAMtJSt. L. Soctii \Rn, F.sq.^ Secretary of the Nav^r. fcrfiwf of a letter from the Secretary of the Navy to Captain David Dorter, commanding U- r.rt India syuadron, Norfolk, dated. Navy Department, 31*1 December, 1 J"_3. I have ordered Captain feiddle (the orders sent herewith,) to report to you for duty; and you will despatch him in the Congress to the I' lorida, or the Thompson’s Island station, with such orders as you may consider necessary to execute the views of the Department, con tained in the instructions heretofore given to you. ^ ou will send with him all the vessels under your command which are ready, and, will per mit no delay which is not indispensable. It being indispensable that the difficulties, such as have arisen with 1 .lieutenant Kcnnon and yourselt, should he promptly, and'fit inly terminated by this Department; you will remain at Norfolk, inorderthat an investigation may take place and will therefore for w ard immediately such charges as you may have to make, ami which may direct me iu the orders which I have to issue. It is my intention to have an investigation into the conduct of Captain S. Smith at the same time with that into the conduct ef Lieutenant Kcnnon. If, therefore, any of the officers of the vessels, which you may send with Captain Biddle, are necessary in these investigations, you arc authorized to detain them at Norfolk, and, if necessary, supply their places with others now at the station, and who can be spared, tak ing care not to send away any who may he wanting as witnesses in the trials of Captain Smith and.Lieutenant Kcnnon, so far as you are acquainted witli them. Lieutenant Kcn non has named the folltiivingofficcrs as witnesses necessary for him: Lieutenant J. Tattnall, Act. Lieut. V. M. Randolph, “ F* Buchanan, Purser Samuel Ilambleton, Lieutenant William Taylor. Nary Department, .March 1C, 132 1. Sms I enclose a copy of the sentence of the General Court .Martial, acquitting yon of the charges and specifications preferred against you by Capt. David Porter, which has been ap proved. 1 am gratified that this sentence ena bles me to restore you to the station which you held before your arrest. You will proceed a? passengers in the Peacock, and resume that station on meeting the Frigate United States. There are matters in that trial and defence which are not approved, and which it is not pro per to publish; you are at liberty, however, to I publish the sentence “fully acquitting”you, as it is the intent on of the Department to do so. The sentence, and its approval, will he made known to Captain Porter by the first opportu nity. It is not the intention of the Department to order the arrest and trial of Captain Porter, on the charges preferred by you.* 1 am, very respectfully, Sir, your obedient servant, SAM’L L. SOUTHARD. Lieut. Bf.vf.ri.y Kennon, U. S. Navy, Norfolk, Ya. Minutes of the Proceedings of a General Court Martini, assembled at the United Stale,* Navy Yard at Gosport, Virginia, on tVednesday, the tvocuty-eighth day of January, in the year of our Lord one thousand eight hundred and ticcnty-four. PRESIDENT. Captain William Bainbridge, President, Captain Thos. Macdonough Chas. G. Ridgely Jesse I). Elliott Lewis Warrington John D. Henley Jl/aster Com. Geo. C. Read Lieut. John Gallagher Lieut. Beverly Kennon appeared, and the fol lowing orders of the Honorable Secretary of the Navy, for the ConvQiiliou of the court were read: Navy Department, January ?<th, 1024. Sir: A general court martial is hereby au thorized and required to convene at the United States Navy Yard, at Gosport, Virginia, on the 22(1 instant for the trial of Beverly Kennon, Esq. a Lieutenant regularly arraigned before the said court. Thccourt will be constituted as follows, viz: Yourself, President Captain Thomas Macdonough Charles G. Ridgely Robert T. Spence John D. Henley Master Comdt. Alexander Wadsworth George C. Read M alter. F. Jones, Esq. Judge A-.lv Enclosed arc the charges and specifications upon which Lieut. Kennon is to he tried. The members and Judge Advocate of the court have been severally notified to report to you at the time and place mentioned in this pre cept. I am, very respectfully, sir, Your most obedient servant, SAM’L L. SOUTHARD. War. Bainpridof., Esq. Capt. U. S. Navy, Charlestown, Mass. Navy DnrAn.TMr.XT, 17th. January, 1821. Sir : Captain R. S. Spence and Master Com mandant Alexander Wadsworth, named as members of the general rourl martial, of which you are President, and which is to convene at the U. S. Navy Yard, at Gosport, Virginia, on (he 22ii instant, have been excused from officia ting in that capacity, and I have added to the court, and ordered to report to yon, at the time and place specified, Captain Lewis Warring ton, Captain J. D. Elliott, and Master Com mandant William 15. Finch, and Lieut. John Gallagher. I am. respectfully, sir, Your most obedient servant, SAML. L. SOUTHARD, ('apt. Wm. llAiNijRinOK, President of a General Court Martial, Norfolk Virginia. Navy Depajitmcxt, 21 si January, 1821. Sin : In consequence of your inability to reach Gosport, Virginia, in time to convene the general court martial, on the 22d instant, I have postponed the convention of the court until Wednesday, Ihe 28th instant, and you are here by authorized to organize flic court at that time, and proceed with the trial, the same as if that date had been inserted in the original precept. The members of the court, judge advocate, and parties concerned in the contemplated pro ceedings, have been notified of the postpone ment. 1 am, very respectfully, sir. Your most obedient servant, SAML. L. SOUTHARD. Capt. Wm. BAiximmor, President General Court Martial, Norfolk, Va. 1 * Received while the trial was progressing. Navy Department, January 7, 1B2 I. Sin : Vou arc hciohy appointed judge advo cate of a general court martial, ordered t.>a; setnblu at the U. S. Navy Yard, at Gosport, | Viigiuia, on the 22d instant, for the trial of Lieut. Beverly Kennon, of the navy of the Loi- j ted Stales, and such other persons, as shall be regularly arraigned before the said court. If convenient for you to officiate in this capacity, please to signify the same to Ibis Department, and at the time and place mentioned, report yourscli to Captain William Cambridge, Presi dent of the court. 1 am, very respectfully, sir, Your most obedient servant, SAML. L. SOUTHARD. Walter F. Jones, Lsq. Norfolk, Va. Navy Department, January - 1st, IBM. Sin : In consequence of the inability of Cap tain William UaiiibriJgc to reach Gosport, Vir ginia, in lime to convene the general court mar tial, ordered to assemble at that place on the ddd instant, the convention of the court has been postponed until Wednesday, the 20th inst., of which you will please take notice, and report yourself accordingly. I am. very respectfully, sir, Your most obedient servant, SAML. J.. SOUTHARD. Walter F. Jones, Lsq. Norfolk, Virginia. The accused, Lieut. Beverley Kennon, was then asked if lie bud any legal objection toother to eilheir of the members sitting on Ins trial, anil lie replied in the negative. The president, members, and judge advocate, thereupon, res pectively, took the oaths prescribed in this be half by the act of Congress “ for the better go vernment of the navy of the United States.” Master Commandant William R. Finch, not appearing, the Court adjourned, to meet again j to-morrow morning at 10 o'clock. United States’ Navy Yard, Gosport, Fa. Thursday, Jan.‘2d, A. J). 1321. The Court met, pursuant to adjournment. Members present, as on yesterday. Lieutenant Beverly Ken non appeared, and was thereupon arraigned on the charge ami spe cification thereof, contained in the following letter, from Captain David Porter, of the Navy of the United States, to the Honorable Secreta ry oft he Navy. United States’ Ship Jotin Adams, January 3, 1821. Sip. : I have to request a Court Martial to he held on Lieut. Beverly lvcnnon, for violating the 3.1 and lfilli articles of the act for the better government of the navy. First. By falsely and maliciously publishing, in the Norfolk and Portsmouth Herald, of the 13th of December, and in the column dated the 12th of the same month, a letter purporting to be from me to him, when 1 never wrote him such a lellcr. Second. By having, within a year, last past, maliciously used base means for defaming my character, to wit: By publishing, or causing to be published, in the Norfolk and Portsmouth Herald, abatement bearing his name, contain-, ingfalsehoods which were calculated to injure my character, and which he permitted to re main without being publicly contradicted, un til his attention was drawn to the subject by the remarks in a Georgia paper. Contrary to his assurance, contained in an article bearing his name, and published in the Norfolk and Portsmouth Herald of the 10th of November, 1823, he did assail my character in the following words: “ As there appears to be still a mysterious policy in keeping back the name of the author (of the article which appear ed in the Georgian of the 8th of October, 1823,) that my want of rank seems to forbid my pene trating,” when lie Lad been referred to me for (lie author, endeavoring by these assertions to make it appear that his want of equality in rank with me, made it difficult for him to obtain sat isfaction for injuries which I was supposed to have done him, when no such difficulty was known to exist. By withholding his publication in the Herald of the 15th ultimo, (which was intended to do me great injury.) until a few days before the ship wa3 to have sailed, which would have ena bled him for a time to have escaped punishment. By repeated attacks made by him on me in ! the public newspapers, and bj- falsely declaring in the Herald that he never made a reluctant apology, and publicly recalling it after he had obtained all the advantages resulting from a re luctant apology made k> me. By having used towards me, in a public print, a term which is seldom applied to other than pick-pockets, rogues, gamblers, &c.; and de claring his determination to “ hold on upon” ! (me) “his real enemy.” I have the honor to be Your obedient servant, D. POUTER. The lion. Secretary of (he Navy. Audit being demanded of the said Lieut. Be verly Kennon whether ho was guilty or not guil ty of the aforesaid charge, and specifications of of the same, he answered that thereof he was not guilty. Lieut. Kennon then requested that Robert B. Taylor, Esq. might be allowed to assist him as counsel in his defence; and his request was granted him, under the usual limitations. The accused also moved that he might have lime allowed him to procure the testimony of (Jeorge Robertson, Esq. Junior Editor of the Georgian, in Savannah, by examination be fore Mime judge, notary public, or4othcr person duly qualified to administer oaths; and the Ju-!«-e Advocate informing the Court that lie should consent to the examination of this witness, un der such circumstances, and in like manner, on the part of the prosecution; the Court, there upon, granted the request of the accused. And j (lie accused exhibiting the interrogatories pro posed, and the Judge Advocate adding cross in terrogatories on the part of the prosecution, llie same were read to tbc Court, and it was there upon ordered, that the examination of the said witness might be taken before any Judge of the Court of the United States, notary public, or1 other person duly qualified to administer oaths; I and, further, that the sai l interrogatories should I he forthwith transmitted. Lieut. Kennon, hereupon, stated (hat his counsel was no! in attendance, and the (Joint. | therefore, adjnurocd, to meet again to-morrow ; morning, at io o’cloi k. UaiTF.n Stitts1 N avf Yard, Gosport, Fa. Friday, Jan. 30, A. J). 132-1. The Court met, pursuant to adjournment. Members present, as on yesterday. Lieut. Kennon and bis counsel appeared, ai d it was resolved by the Court to proceed in t* o 03wm;.uat;oti of the wi»nrr,T". The Judge Advocate thou read to the Court tlie I'olloiviug letter from Commodore Porter : U. S. Sun* John Arams, •\orfblfe, Janury 28th, 1824. Sih : The testimony of Dr. IJabbil being the only circumstance to detain me longer here, I have to state, that the public interest vfill be hencfitted by its being taken as early as jn>ssi ble; which 1 beg you to communicate to the ge noinl court niurti.J, ui which you are judge ad vocate. I have the honor to be, \\ ithgreat respect, yourobt. servant, ' D. POUTER. \V alter F. Jon «, F.sq. Judge Advocate. IAr. Rabbit was thereupon’called into court and duly sworn, and the charge and specifica tions thereof, before the court, being read to him, lie was examined as follows, on the part of the prosecution. Question by the Judge Advocate. Do you know any thing in relation to the charge, and specifications thereof, just read to you ? if yea, please stale the same to the Court. Answer. I dumot: 1 have never seen any of the publications stated lo have been made on the part of licut. Kention, with the exception of one in answer to a certain certificate signed “ P. Wilson.” Tho Judge Advocate then exhibited to the witness the Norfolk and Portsmouth Herald of the 29th December, 10J3, and the column bear ing date the 20th same month.* Question.—l*e pleased to examine the Nor folk and Portsmouth Herald now before you, Si stale to the Court if the piece in the column da ted the 20lli December, 1023, and under the signature of Dicut. Ivennon, be the one to which you have reference ? Answer.—That is the one to which I have re ference. The accused here handed lo the Court the following proposal: “ ii lt 1)0 t!ie object of the prosecution, to prove, by witnesses, the several publications in the Herald, under Lit. Keunon’s name, lie is, at once, willing to admit that lie is their author, and that they may bespread upon the record of tie Court.” The publications are those of the following dates: Oct. 21th, 1823, Nov. Kith, 1823, Dec. Kith, 1823, and Dee. 28th, 1823.f The examination of Doct. Babbit was then resumed. Question by Judge Advocate. Are you in possession of any facts in connection with the publication referred to by you, which go to prove any malicious intcut on the part of Lt. Kennon, in that publication ? Answer, i am not. The examination of this witness, on the part of the prosecution, being concluded, and the ac cused declining to propose any question to him, lie was permitted to withdraw ; and, Mr. Tho mas G. Broughton being introduced, aud duly sworn, was examined as follows, by the Judge Advocate. Question. Are you the editor of the Norfolk and Portsmouth 1 leralu ? Answer. 1 am. Question. Did you publish in your paper of the 8th September best past, an article giving au account of the capture of the Spanish schooner Scgunda Galliego, and of the subsequent dispo sal of her, by the Captain General of Cuba, and is the article now before you, the one alluded to? (Here the Herald of the 3th September, 1823, was exhibited to the witness.)} Ansiver. I did, and the article now produced, is the one alluded to. Questiou. From whom did you get the in formation which enabled you to publish that ac count ? Answer. From Lt. Kennon. Question. Did Lt. Kennon ever publicly con tradict that account in your paper, or an> other paper, until after the publication of the defence of Capt. Porter’s character in the Georgian a gainst the imputations cast upon it by the pub lication in j our paper ? Answer. Lt. Kennon left town the morning of the publication alluded to, before be bad an opportunity of seeing inc; but bis brother, Doit. George Kennon, called on ine, and stated it to be Lieut. Kennon’s particular request that the statement should be corrected in the next paper. Question. Between the time of that publica tion, alluded to, in your paper, ana that in the Georgian, was not the life of Capt. Porter sup posed to be in great.jeopardj'? Answer. Yes. Question. Had you not seen an account of his death, am! have you not published such an ac count ? Answer. T saw an account of Iii3 death, but did not publish it, because I believed it to be a fabrication. Question. When was the article to which (he one in the Georgian was a icply fu st public ly contradicted, ami at whose instance ? Answer. It was first publicly contradicted in the Herald, of the 20lh October, and at my own surrerestion. Question. When rli 1 the article in the Geor gian first reach you ? Answer. On the 19th October. Question. When Lt. Kennmi furnished you with the information, upon which Ihc publicati on in your paper of the 8th September was founded, did lie not express it as bis opinion that the Segmula Galliego was a piratical vessel? Answer. I do not recollect that he did. Question. Did Lt. Kcnnon ever inform you that he believed Capt. Potter to be the author of the article in the in the Georgian, prior to the publication of his reply to it of 11 ie lUth Novem ber ? Answer. Never to my knowledge. The examination of Mr. Iiroughton on the part of the prosecution being concluded, be was cross examined as follows by (he accused. Question by accused. Did you apply to rne to obtain the information on which you w ished to make your publication of the Cth September, or did I go to you to communicate the informa tion ? Answer. I applied to you. Question. l»i i I express any objection to a publication at all, on the ground that it was perhaps improper to anticipate the official pub lication, if deemed l»y the general government of sufficient importance to be published ? Answer. You did. Question. When, at last, f yielded to your wishes tomakc a publication on the subject, did 1 put into your band; a copy of my official letter to Capt. i’urter, as the basis of vour statement? An-trrr. You did, and you also informed me that it was a copy of your official letter to Capt. Porter. Question. Is this paper the one which was put into your hands as the copy oiimy official let ter >|) i * See Appendix, No. Q. ■ t See Appendix, No. ',5. 1,',2. I $ See Appendix, No. fi. ■ ~ 1, *iec Appendix. No. 7, ■ * _L * A* i>o. ;>7. (Here U.o accused lurudcd to the witness tho copy aforesaid.) Answer. V es sir. Question. lii«l 1 give you anv authority to state any facts in your publication, but Ihoso stated in that copy of my official letter. Answer. You did not. Question. In the communication von had with me, w Inch led to v« ur publication of the 8th I September, did 1 bywords, or tone, or, in any otlier manner, indicate a hostile temper to ('apt Porter, or a disunion to injure cither his pro fcssional or private reputation ? Answer. INot in the slightest manner wliatc ' er, did you tnauite-'t such;; di.-poMtion. Question. At wliat time did you receive from : I.t. (venuon the pnhlieatioiiin yourpaper, hear ing date the 2lilii December, and wl.cn was it published ? Answer. 1 received it on the evening of the 2i»lli December, and it w as published ou tins 29th. Question. You have spoken of a contradic tion, or correction, niaik; by you outlie 20th October, of your publication of'the 8th of.Sopr in consequence of the statement in the “ Gcor gian.” Is this the publication you refer to, un dcr the date of 20th <letober ? i [Here tiic f Jerald of Monday, 20th October was handed to the witness.J iNo answer. Question. In your examination, frcqucht re ference was made, both in the question and an swers, to a publication in the “Georgian.” Is this the publication you allude to? ** [Here the above mentioned publication, in the Georgian, was handed to the witness.J Answer. Yes. Question. My publication, bearing date 2flth December, 1323, came out in your Monday’s paper. Was it nut placed in your hands, fur publication, on the Saturday evening precedin' the day of publication ? J Answer. It was, I think, given to me on Fri day evening. Question. At what time in the morning w as your paper, containing my publication of tl.c 23tli December, issued from the press? Answer. I cannot say at the precise lime. Our usual time of publication is about sunrise. Proposition ou the part of I A. Ivcnnoo. Will the Court permit, the prisoner to propound, now, some questions to Dr. Babbit, which had not been remembered when be was first examined a To this proposition the Court assented, and the witness, Mr. Broughton, being directed to w ithdraw, I)r. Babbit, was again introduced in to Court, and examined, as follows, by the ac cused ; Question. Di<l you see and read tlic certifi cate mentioned by you, signed “ 1’. \V llson,” and when aud where did you see it? Answer. I saw it, and, I think, not until af ter the arrival of the Johu Adams in this port, from Washington. Question. Is the John AJanii the liag' ship of Capt. Porter? Answer. She is. Question. Do you know, from your own knowledge, or from the admission of Captain Porter, by whom, and at whose instance, thaC certificate was prepared ? Answer. I donut. Question. Do you know if the certificate of P. Wilson was shown to, or circulated anion* tiie officers of the Johu Adams, or any other persons? Answer. I do not. Question. Who is P. Wilson; what is hi; station, if any, on board the John Adams; where j did .you last .'-co him ; and where is lie now, ac cording to the best of j-our belief ? Answer. Mr. W ilson acted as Commodore Porter’s Secretary. I saw him last at Strother’s Hotel, in Washington, sometime in December last. He there told me that he was going to the. south, by Commodore Porlei’s perm ion, to settle some business. 1 do not know wheic ha now- is. The accused having concluded his ^xair.ina tion ofDr. Babbit, he was pcnnillcd'to withdraw and Capt. Arthur Sinclair, of the United States’ uavy, being introduced, anil lawfully sworn, was examined, as follows, by the Judge Advocate : Question. Did you not visit the Sea Gull at the time of her arrival from Thompson’s Island, in October last ? Answer. T did. Question. Did you not then say to Captain Porter, that Uieut. Ivominn was much dis tressed at au article which had appeared in the “ Georgian ?” Answer. I do not recollect the precise word.-i that I mod. I mentioned that Uieut. Ken non had seen a piece in the Georgian, which had given him much uneasiness. Question. Did v on, or did you not, fb^i rav that Incut. Kcnnonhad w ritten, orwould write,' to the Lditor ol the Georgian, to know who was the author ? Answer. J lion i trunk I uiJ—I do not rccol lect it. Question. Did not Capt. Porter sav that it was unnecessary for him (I.icul. Kennon) to write to the Editor, that he (Capt. Porter) would, whenever Incut. Kennon wished, in form him who the author was ? Answer. No, sir. Question. Did not Capt. Porter de-ire you to say to Id. Kennon, that he (Capt. Poi tei) fully concurred in opinion with the author; that they had stated no facts hut such as could ho proved ; that Id. Kennon had no one to hi >rnn hut himself for the appearance of the article in the Georgian ; and did you not repeat this con versation, or some parts of it, told. Kennon ? Answer. I did not understand him asdesirc in" me to deliver any mrssaofc to Id. Kennon_ lie said that Ld. Kennon had no one to blame but himself. Question. Did yoi r.v‘ infirm Capt. Porter that the printer of i! • article in the Herald, of the 8th September, took .<1! the blame on himself for the inistatemen! " it cnntninrd ; and did not, Capt. Pori.- r cvj-rt > himself well satisfied t!:>' the Editor lod done :•<> ? Answer. Yes, sir, f believe he di ?. Question. Did lie notdc ire v. u to w/ p, j , Kennon, that he (Capt. Porter)' henld i> lied if he could, satisfactorily, ovpl.ib’ u l'c o ,, falschnoils in that article bad i :c (; n ' r name? Did you not deliver c . f Porte message to him, or cei tain party. r.n/r,'(in/’ ®.r. * Answer. He sent no me A , nl j ‘ made certain observation-' < .Iiid^c Advocate. I",q pleaded to state th>rn observations to the Witness. Jii‘ first observation vas : “You know me wed en )U,;b to be a .um-d that. if a man Ires’)sopou mv for-I w-i| retaliate u:,ou him nniCty-Dine fold.” I then observed, that ?d. Kennon bad n > di -po .itioa trr,;,(] uponhis toes, or to disturb him i:- »ny Dionner whatever, 1 and that he wool l find, from the piece of Mr* { See* Apprn bit. ?n"o. ft. ' ' • • : . f JtvberMon, dr. ' *