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Admiral David D. Porter, The Naval History of the Civil War., Chapter 57: the ram Stonewall. (search)
law; and for this reason it may be said that the court jeopardized, in a measure, the interests of the accused by finding him guilty of that which was not proved; inasmuch as they declared by implication that it was not his duty to have attacked the Stonewall, the finding being as follows: Specification of the charge proven, except in so far as the words, as it was his duty to have done, declare it to have been the imperative duty of the accused to join battle with the Stonewall on the 24th day of March --(1865). How, under the finding of the court, the commander of the Niagara could be censured for want of zeal and exertion in not making constant and personal observation of the Stonewall while at Ferrol, and thereby endeavoring to ascertain the truth or falsehood of the various reports of her character, does not appear; for, while qualifying their finding, they reflect upon him in three several instances: First, in the words just quoted; second, on the conduct of the accused in re