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Daily National Intelligencer
Washington, District Of Columbia
What is this article about?
In New Orleans on November 2, 1816, a U.S. naval court martial honorably acquitted Lieutenant Commander Thomas S. Cunningham of any breach of conduct during his command of the schooner Firebrand, especially in an August 27 encounter with Spanish ships Diana and Cassador. Commanding officer Daniel T. Patterson confirmed the verdict and restored Cunningham's command.
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NAVAL COURT MARTIAL
Through the politeness of the Judge Advocate, we have to day the sincere pleasure of laying before our readers the sentence of the Court Martial, lately held on Lieut. Com. Thos. S. Cunningham, of the United States' schooner Firebrand.
Lieut. Cunningham did not require this testimony of his gallant brethren to place him high in the estimation of the people of New-Orleans, by whom he has been long known and deservedly respected.
"The Court being now cleared, took into mature consideration the evidence on the part of the prosecution, as also that introduced by the accused; and after due deliberation thereupon, the court pronounce Lieut. Comd't. Thos S. Cunningham not guilty of a breach of the 6th article of the act for the better government of the United States' navy, or any part thereof; and the court do now, unanimously, honorably acquit Lt. Com't. Thos. S. Cunningham, and free him from any, the slightest imputation of impropriety of conduct during his whole cruise, commencing on the 13th Aug. and ending on the 7th Sept. of the present year, and particularly on the 27th of Aug. in the rencontre with the Spanish ship Diana, and brig Cassador; the court are in justice bound to the feelings of this injured officer, to state, that his conduct throughout the whole of the affair with this overwhelming force, has been highly honorable to himself and to the flag under which he served: nor can the court refrain from observing, that the unexpected and dastardly attack made by his Catholic Majesty's ship Diana, and brig Cassador, has proved an unparalleled, unjustifiable and unprovoked insult and outrage upon the flag of the United States. The court now request that the sword may be restored to this officer, from whom it has unjustly and without cause been taken."
B. V. HOFFMAN,
I. M'KEEVER,
CHARLES E. CRAWLY
G. HAMERSLY.
WM. A. WEAVER.
John Nicholson, Judge Advocate.
New-Orleans, Nov. 2, 1816.
The commanding officer feels great satisfaction in confirming the full and honorable acquittal thus pronounced by the court martial, before which Lieut. Comd't. Thomas S. Cunningham has been arraigned, and which, while it places his conduct in an highly creditable and honorable point of view, also reflects honor on the court. The sentence of the court martial, of which Lieut. Comd't. B. V. Hoffman is president, being thus confirmed, said court is hereby dissolved, and Lieut. Comd't. Cunningham will re-assume the command of the U. S. schooner Firebrand.
DANIEL T. PATTERSON,
Commanding U. S. Naval Forces,
New-Orleans Station.
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Domestic News Details
Primary Location
New Orleans
Event Date
New Orleans, Nov. 2, 1816
Key Persons
Outcome
honorable acquittal; sword restored; resumes command of u.s. schooner firebrand; court dissolved.
Event Details
Naval court martial held on Lieut. Com. Thos. S. Cunningham acquitted him unanimously of breach of the 6th article of the U.S. Navy act, particularly regarding conduct during cruise from Aug. 13 to Sept. 7, 1816, and encounter with Spanish ship Diana and brig Cassador on Aug. 27. Court praised his honorable conduct and condemned the Spanish attack as unprovoked insult to U.S. flag. Commanding officer confirmed acquittal.