Thank you for visiting SNEWPapers!
Sign up free
Story
May 17, 1842
The Daily Madisonian
Washington, District Of Columbia
What is this article about?
On April 29, 1842, President John Tyler writes to the Secretary of the Navy, deeming the court martial sentence against Captain U. P. Levy excessively severe for the offense involving Thompson's treatment, and requests the court's reconsideration limited to that point.
Clipping
OCR Quality
98%
Excellent
Full Text
COURT MARTIAL—CASE OF CAPTAIN U. P. LEVY.
Washington, April 29, 1842.
Sir: Upon a mature consideration of the records of the Court Martial, I have come to the conclusion, without designing any disrespect to the Court, that the punishment denounced against Captain Levy by the sentence of the Court is exceedingly severe, and disproportioned to the offence charged. The punishment, in order to be just, must be proportioned to the crime. In arriving at this conclusion, I have not permitted myself to look beyond the charge and its specification. Whether the officer be good or bad—whether his deportment in general be correct or otherwise, ought not to enter into the inquiry.
My respect for the Court, sustained as it is by your opinion, would lead me to desire to carry out its sentence, but for the fact that in so doing I should establish a precedent which would bind me in all other cases, and adopt as a rule for future action that which might involve in a similar fate any other officer who had departed, in any respect, from the rigid rules of the service.
I desire, therefore, that you will submit the sentence to the Court for its re-consideration, with directions that their judgment shall be confined to the single point of the treatment of Thompson, and that on this point only new testimony, either in illustration of the motive or the fact, may be admitted on the part of the prosecution or the accused. Be assured of my great respect.
JOHN TYLER.
To the Secretary of the Navy.
Washington, April 29, 1842.
Sir: Upon a mature consideration of the records of the Court Martial, I have come to the conclusion, without designing any disrespect to the Court, that the punishment denounced against Captain Levy by the sentence of the Court is exceedingly severe, and disproportioned to the offence charged. The punishment, in order to be just, must be proportioned to the crime. In arriving at this conclusion, I have not permitted myself to look beyond the charge and its specification. Whether the officer be good or bad—whether his deportment in general be correct or otherwise, ought not to enter into the inquiry.
My respect for the Court, sustained as it is by your opinion, would lead me to desire to carry out its sentence, but for the fact that in so doing I should establish a precedent which would bind me in all other cases, and adopt as a rule for future action that which might involve in a similar fate any other officer who had departed, in any respect, from the rigid rules of the service.
I desire, therefore, that you will submit the sentence to the Court for its re-consideration, with directions that their judgment shall be confined to the single point of the treatment of Thompson, and that on this point only new testimony, either in illustration of the motive or the fact, may be admitted on the part of the prosecution or the accused. Be assured of my great respect.
JOHN TYLER.
To the Secretary of the Navy.
What sub-type of article is it?
Historical Event
Crime Story
What themes does it cover?
Justice
Crime Punishment
What keywords are associated?
Court Martial
Captain Levy
John Tyler
Navy Punishment
Sentence Reconsideration
What entities or persons were involved?
John Tyler
Captain U. P. Levy
Thompson
Where did it happen?
Washington
Story Details
Key Persons
John Tyler
Captain U. P. Levy
Thompson
Location
Washington
Event Date
April 29, 1842
Story Details
President Tyler reviews the court martial records and finds the punishment against Captain Levy disproportionate to the offense of Thompson's treatment. He respects the court but seeks to avoid setting a harsh precedent, requesting reconsideration limited to that specific charge with possible new testimony.