Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-11-12
CHARGE |.
WDisobedience of Orders. -"


Specification lst In this That the said Cap
tain Mackay, being the Assistan Quarter Mas
ter on duty al West Point, stale OF New York,
having been ordered, on or obout the 49, Ju =
ly, BY NJ ,jor Worth, his superior & he Com
nianding Officer Of the said post OF West Point
TO cause 10 be completed, certain work then
commenced and under the conduc, Of the said
Quarter Master, viz: rhr removal of quantity
Of earth, and othrr work CONNECTED with i'm
provemen.s making on the quarters and pre-
misses Of the saiG Commanding Officer, did fail
10 obey the said order Delivered TO him The said
Cap ain Macksy, and did further disclaim the
right and authority Of the commanding Officer
aforesaid, to have given the said order.
Specification 2d-In this: That the said Capt.
Mackay, Assistan, Quarter Master aforesaid,
did on or about the 10 h and goth Of July, 1928,
Of the place aforesaid, when the order referred
to in the preceding speci6' aiion was distinctly
aud peremp,orilv reiterated, again fai! and re-
fuse to obey said order, and did further, in two
several notes, bearing date 10Th and 2o'b OF Jul
", 1928 addressed 10 the said Command ing
OFF or, deny his right to have issued said o. der
aud did set at defiance his authority.
CHARGE II.
UnoHcer like g. unsubordinate conduct"
Specification this: That the said Capt.
Mackav, Assis,an, Quar- er Master as aforesaid,
did, fail to obey and refuse obedience 20 reiter-
| ated order, given to him, said Cap. Mackay,
by his superior and Commanding Officer, on or
about the 80 of July, 1928, al Yves, Point,
| state Of New York, and did further address So
| yrral no,es. Bearing date 10 h and. 2o,h July,
1928, 10 his said commanding Officer, wherein
re, the said Capt Maekay, denied the right in
his said Commanding Officer, TO have given
u Nd Il ~ IN VIE
obedience 10 the said reiterated order; all Of
| which acts and doings were contrary the re-
gulatons Of his particular Department and the
Jules and usages oil service, highly unofficerlike
and insubordinate, and in their tendency sub
versive OF discipline
FINDING OF THE COURT.
"The Cour, are Of opinion that the accused
is guilty of boil ihe Spec i6ca atoms of the FIRST
CHARGE, and GUILTY Of that Charge.
The Cour, a,e Of opinion that the accused is
guilty Of the spec i6carion under the SECOND
CHARGE; and GUILTY Of that Charge"
"rhe Court sentence the accused, Captain
Eneas Mackay, Of the Sd Regiment of Artillery
and Assistant Quarter Master in the u. 5. Ar
nv, to be suspended from, and deprived of, all
rank and command in every department of The
Army, for Ttoeirs Contender Months; to be de-
prived Of his pay proper, and, to be confined to
the pos, OF West Point, during the same peri.
cd Of time"
"The importance Of the principle involved in
in this case induces the Court TO state the con.
siderations on which their decision is founded.
The Court are Of opinion that a>prompt and
implicit obedience on the part of the Military
Subordinate 10 the orders Of his superior, is
necessary to the safety Of the Military state, 8,
that any dereiiction from this principle must
be subyersive Of discipline. They do no, con-
ceive tina, the duties which devolve on an off,
Ger occupying station in the staff Depar,m- nj
Of an army, can render him an exception to his
broad principle. Theyhold that all the me- ans
provided 6y Government, for the use or defence
Of Military Post, must, and of necessity ought
10 be within the reach, and subject to the con-
troll uf he Military Commander: and should he
fail TO use this power with sound discretion,
he alone would be responsible for the injudi-
civus exercise Of his authority.