Defence of Com. Charles Wilkes, U.S.N.: Late Acting Rear Admiral, in Command of the West India Squadron, Read Before a General Court Martial, on Charges Preferred by the Secretary of the Navy

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McGill & Witherow, printers, 1864 - 56 pages
 

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Page 51 - Court. retired from active service, and his name entered on the retired list of officers of the grade to which he belonged at the time of such retirement.
Page 23 - Neither a mere preponderance of evidence nor any weight of preponderant evidence is sufficient for the purpose, unless it generate full belief of the fact, to the exclusion of all reasonable doubt.
Page 14 - The Secretary of War is the regular constitutional organ of the President for the administration of the military establishment of the nation; and rules and orders publicly promulgated through him must be received as the acts of the Executive, and as such be binding upon all within the sphere of his legal and constitutional authority.
Page 19 - That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the State, or States, most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose to such officer or officers of the militia as he shall think proper.
Page 48 - Or receives or entertains any deserter from any other vessel of the Navy, knowing him to be such, and does not, with all convenient...
Page 45 - Act for the better government of the Navy of the United States...
Page 19 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 6 - Whenever a general officer commanding an army, or a colonel commanding a separate department, shall be the accuser or prosecutor of any officer in the army of the United States...
Page 24 - Havana, where you may obtain information to govern your future movements. You can then visit any of the islands of the West Indies or any part of the Gulf at which you think you would be most likely to overtake the Alabama or procure information of her. When you are perfectly satisfied that the Alabama has left the Gulf or the West Indies and gone to some other locality, you will proceed along the coast of Brazil to Fernando de Noronha and Rio dc Janeiro, making enquiry at such places as you may...
Page 14 - President for the administration of the military establishment of the nation; and rules and orders publicly promulgated through him must be received as the acts of the Executive, and as such be binding upon all within the sphere of his legal and constitutional authority. Such regulations cannot be questioned or defied, because they may be thought unwise or mistaken.

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