Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-10

cRNi ""u S"ptoH LEA Il.
The memorial of the commissioned officers (of
theMedits rranean squadron, j under the rank
OF commanders, To the honorable the Senate
of the United States, dated Port MShen, Jan.
the 10th, 1917.
The undersigned, officers holding com
missions in tile navy ofthe United States,
beg leave most respectfully TO state to The
honorable the Senate of the United States,
that, having entered the service early III
life, from motives Of love of their country,
respect for its naval character, and a sim
cere wish TO become useful, they would
willingly encounter dangers of any kind,
or endure any Iiardships which the good
of the service or the preservation of dis
ciplipe may make necessary; that, toge-
Their with Willingness TO risk their lives
and sacrifice their comforts, they have
heretofore felt firm reliance on the pro.
| lection which the well digesied laws OF
their country were intended, by the fra
mers and enactors of them 10 afford to
officers of every grade, against the wan
ton exercise ct that power which all mi
lltary establishments must place in the
hands of the superior over the subaltern.
Guarding with cautious jealousy their re-
putation and their rights against all as
| saults, which have not been designated by
| ton of the most respectable Of all tribu-
mails, "a court martiaD they have witnessed
| with the deepest regret, the proceedings
! OH late transaction which has been bro't
| 10 the decision of court composed Of
| the eldest officers of this Squadron-ot
officers who from their rank i'll service, We
had hoped would have proved as jealous
| guardians of our rights as of theiro We
beg leave, respectfully, 10 state the lead
ing circumstances of this case. Captain
John Heath commanding the detachment
of marines oil board of the frigate Java,
under The command of Oliver Ii. Perry,
esq. was SO unfortunate as TO incur the
dlspleasurc of his commander. The me-
rlts OF the case between these two officers
we do not presume TO canvass; but we
are imperiously called upon to notice the
subsequent events. A court martial con-
yened i'll the harbor of Mahon, on board
the Java, on the 3Ist Dec. 1916, for the
trial OF captain Heath, or charges and spe-
eihcatlons, of which the following is a
copy.
Charge LIST. Disrespectful, insolent and
contemptuous conduct 10 me his superior
officer. Specification LIST. That he did on
or about The 22d of July, 1916, on board
of the U. s. frigate Java, then standing
INTO the Bay OF Naples, on being asked by
-me why certain marine was suffered
! 10 appear on deck in so filthy and dirty a
| dress I" reply TO me in an ihsolent, dis
respectful, and contemptuous MANNER
Specification I'd. That be did late i'm the
evening of the 18th Sept. 1916, on board
the U. 5. frIgate Java, then at anchor in
the harbor of Messina, cause letter writ
ten by himself and couched in language
highly improper 10 be used towards his
commanding officer, to be left OH nv ia
bic IN the cabin of said ship. Specifica-
ton Sd. That he did when sent for into
the cabin, on being aSked "why he took
such time 10 write me letter of that
kind" assume Department towards me
highly provoking and disrespectful. The
aforesaid charge and specifications being
in violation of part of the 18th article,
and part of the 18th article of the rules
and regulations for the better government
Ofthe navy of the u. States.
Charge I'd. Neglect of duty and unof-
ficer-Ilke conduct. Specification lst. Thai
| OIL or aboat the evening of the 10th Sept.
1916, on board the u. S. ship Java, then
at anchor in the harbor of Messina, he.
the said captain John Heath did, on two
marines Jumping overheard 10 swim from
the ship, neglect 10 come on deck, altho'
called and informed of this circumstance.
alleging as d reason therefor the subter.
fuge OF his being sick. Specification I'd
| That he did when ordered by me, at said
time and place, TO come on deck and mus
| ter the marines, execute that duty In a
careless and Indifferent manner; and
when the marines were mustered, did me-
| glect 10 report TO me until called and di-
rected so to do. Specialization 3D. That
lie did neglect OH the desertion of said
IN 81.
mediate steps for their recovery that be-
came him as commanding officer of the
detachment TO which they belonged, and
were required by The urgency of the case.
This charge and specification being in
violation OF part Of the Goth article, and
the 2Sth article of the rules and reeula-
lions for the better government of the ma
w of the u. States.
Charge Sd. Disobedence of orders S.
Specification. That he did at the time
and place referred TO, in the Sd specifica-
ton OF LIST charge, though repeatedly or
deTed TO be silent, continue TO sneak al
though warned of the consequences. and
IN the same indecoTous and contemntu-
Gus manner as is therein alleged, thereby
violating part Of the 18th article of the
rules and regulations for the better gov
eminent of the navy Of tile u. States
(SlSnedl .. ii. PERRY.
United States ship Java,
Algiers Bay, 18th Oct. 1910.
Of these charges and specifications IL
VIII be necessary 10 observe ONLY. that
The offence on which the greatest stress is
laid, was committed as The specification
states, on the 22d July, 1916; thatcapiai,,
Heath was neither arrested, suspended.
nor warned that notice would be taken Of
tins offence that on the 10th Sept. 1916.