Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1840-08-14
certain piece of plate from part of the crew of the

certain piece Of plate from part Of the crew Of the
Constitution, which was paid Tor out Of money due
to them from the United States, and afterwards
ing to be added to the ono piece three other pieces
making in all, two urreens, pitcher and waiter, the
balance due for which he agreed to pay himself; ana
then, having inscribed on each piece, Presented as
mark of respect to commodore J. D. Elliott of the
u s. Navy, by the crew of the Constitution" he |
caused them to be exhibited in the cabin OF said ship
He subsequently desired lieut. Oscar BuIlus to make
known to the crew that the amount subscribed had
fallen short OF the cost of the plate, and TO get
subscription under way to make up the dcficen-
cy, which lieut.: Bullus declined. The commodore
afterwards employed his secretary, Thomas Wells to
raise some more money from the crew to make up the
cost OF the plate, and by this means nineteen OF the
crow were induced to subscribe sixty nine dollars,
which actually received from the purser, and up
prOpratcd Tor the payment of the plate
The court found the commodore guilty of shipping
on boad the frlgate Constitution, at Maon, twenty
two animals which he had bought consisting ofiacks
cnnlcs mares and colts, and placing them IN the stalls
on the gun. deck, thus affecting the comfort of the
crew at their meals and other periods, interfering with
the usual messing and sleeping places of part OF the
crew, and cnclmberng the guns, that fourteen of
them, beng seven on each side, could be only run IN
and out and could have been fired but once and mel
Their trained nor exercised; by which the efficiency OF
the ship was materially impaired and rendered unc-
quail to sustain the honor of the flag in an emergency,
service to his own individual and private interests
lie also employed eight men, being part OF the ships
crew, in taking care of the animals, cxcusing them
from watch and quarters, and used or caused to be
used boards, planks nails canvass and junk belong
ing to the United States in making stalls sings bags
and mating for the accommodation of the animals.
The court found the commodore guilty of causing
to he hoggcd with the catofnnc-tais, three seamen
under his command, to the amount of twenty-four
lashes in violation Of the act of Congress which per-
mts the inflicon of only twelve. Hewas also found
guilty of expenng large portions of the stores Of the
ship by approprlang the same to his private use. He
II,
ham, commander, then in the squadron, under the
command of the accused, to receive on board an Ara
blan horse and jack belonging to him, the said Eli.
ot to accommodate which animals the two forward
guns of the soop were put below, thereby weakening
the force and efficiency of the sloop.
The court found the commodore guilty of having
employed sundry Of the officers and crew, when the
ship had reached Hampton Roads, in disonlbarking
and conveying the animals above mentioned to the
shore, in consequence of which, many of the so
employed became intoxicated, and brought liquor on
board, which was distributed among the rest of the
crew, whereby many became drunk and noisy, dsor-
derby and mltlnous insulting, abusing threatening
and dcfyng their officers carrying off prisoners from
the charge of the sentry beating the master at arms
and chasing to the quarter deck one Thomas Ennis
and behaving IN an outrageous manner-thc commo-
dore being then and there board and the next day
sending lieut.. Bocrum to call up those men whose
times had EXPIRED and to say To them, Of his
family on board, he could not come up himself
but pleased with their general conduct while on
the cruise, and that their contract was now at an end
and they could 60 on shore; thus directly countcnan
cling the dsgraceful proceedings of the preceding day
in manner unbccoming an officer holding so high
| rank in the navy of the Uni ed States.
This embraces the amount Of the charges Of which
| the accused was found guilty by the court.
Tho report then concludes as follows
The finding and sentence of the court has been ap
proved by the secretary of the navy but much
the sentence as suspcnds the pay and emolumonts o.
Commodore Elliott for the first two years of his
pension from duty, has been RENTED by the Presden
oi the United States rs will appear by the following
paper bearing his signature, and annexed to the re
cord.
although the offences of which commodore Jess,
ID. Elliott has been convicted are of grave and ser
Gus character deeply affecting the interests of the ser
vice, STILL the PRESIDENT on careful consideration o
the case, percevcs grounds which in his opinion, dmi
nsh their weight and justify mitigation Of punish
| ment.
| at appears from the record of the proceedings o
the court that passed mdshpman Barton left his ship
not only in violation of express order Of his com
handing officer, but for purpose which it was un
doubtcdly the duty of the commander Of a squadron
TO discourage and prevent by every excrton of hi
lawful authority; and that, after being wounded, in
stead of returning to the vessel to which he belonged
he directed himself to be taken on board the ship o
the commander of the squadron, whose pointed orde
| he had disobcycd.
at also appears that in various instances whicl
occurred previous to the cruise Of the squadron undo
commodore Elliott in the Mediterranean, the comman
dcrs of ships and squad ons had in pursuance of in
strlctons OF inc Navy department, brought TO the
States animals of various kinds, without being Nncs
| toned or ccnsnred by the department. The offenC
of commodore Elliot, in this appears, therefore,
have consisted in taking board the Constitution s.
great number Of animals as to intcfere with the &C
| commodaon of the men, embarrass the exercise O
the guns and impair her force and efficiency as a yes
| sci of war.
"In consideration Of these circumstances, the Pres
ldent has thought proper to remit that portion of tn
sentence Of the court which involves the forfeiture
pay during the first two years Of commodore Elliott
| suspension. (Sgncd) NJ. VAN BUREN,"