The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-03
naval General Court Martial board Of
the U. .. ship North Carolina.

The Court met pursuant to adjournment and the m.
n'es o. yesterdays proceedings read by the Judse
Advoc ATE
LiEur WKrs recalled b. desire of a member to eA.
prin some hls testimony gwen yesterday and which
they did not understand
oYou have stated in your CANCELLATION in chief that
yos AheN that Leu Johnson nen ed 10 sooey the or,r
IRON MS How dii on know that NJ INTENDED 10
Nsobet The order from hs nanner If he hal prey
onsiy given you ,sons Tor go refusing aud how
oid !eu hno" thar the EXCITEMENT did not arse from
any otuer c1usel
A-iiis manner deeren, from what tit usually was
ne NIS usually prrmptin ob;yins Orders did not kno"
| nom "hsi the escilem an proceeded
Q-Nyu have s.aed III :. he accused hal two iDtsI-
views With you aeI iaing received his orisr' am dat
no bag as said ~ IN ye!n,ins 10 them, State What
Al have no recollection what it was Ibid not hear
him say ANY thing about the orders
O., What induced you to say You had Lette. 60 be.
| low and think OF il tor five minuiea1'
Al .aW h WA under excitement.
"IfNss'-l have fhat paper Tor the Court was ordered
JgpcE Apv:-The certificate thus -
Washin you, iith December s36 the said James X.
rauiing then being the secretary OF the Navy of the
United aes. Marked (rrivate)
CHARLES WILKES.
Lieut.. L. $. Navy"
understood that il certify tina, all relating
| TO This matter but do not mind now The extract was
| then read as io!lows:--
| Extract from private letter from James X. Paulding
| Secretary OF ne Navy, TO Lieut. Charles Wilkes Com.
manling m Exploring Expedition, dated Washington
1 iih December, 80
"iou ens.seJ in great un 'ertakng which has
excited the n,errsi of the civilized world and is looked
uPon by all your country with great soicude one
which IL successful in its oj.cls, will rebound he
cret oi the United STATES. For That in
great dc rec personally responsible and are my OPT
nion iuy justified in enforcing those which
you believe best quaifel Ia the The
great objects OF the expedition Cabas Of di.content.d
officers must be promptly arrested and their leaders either
Kept in subj tcuonor detached from the squadron
not to be endured thai the purposes
are to be deeate by the fantastic claims rank hich
shall never recognize to the extent preventing cny
commanding officer from selecting such he deems
qualified for particular AMI special duty having 40
nectIon with tho internal organization of his ship"
Ta.ons W. wAlpsoS, Captains Clerk, called and
the Oregon Territory, and Mr. Maxwell of the HUDSON
Bay Company rendered important services him the
le cared soicitous TO have the bow knife ps
,ols hink Mr. Johnson gave the bowie knife pistol
Mr. Maxwell in return for services rendered him
Commander Of the expedition. don't know OF Mr.. John
sons having received personal consdera ions
Mr. Maxwell fhe had received any presents from Mr..
| Maxwell, think should have known It.
The testimony having been brought to a close, Mr.
Cray the accuseds counsel proceeded to read the lie
lenoe commenced by regretting that he should
20 appear before the Court such charges
as had been preferred against him. In relation to the first
considerations OF was acuatc purely
by motives OF what he considered due his rank and the
service IN his refusal to obey the order complained Of
argued that there limit to the power of superior
hcers and the simple fact OF order having been ven
ny superior officer did not justify inferior in ODE, ing
cied when It was determined that the orders the res.
dent Of the United States which Illegal not any
lustihcaton to those who performed them but that the
parties were personally responsible; thus showing that
vas necessary tor officers to exercise their Judgment in
obeyng illegal orders. II then proceeded to up.
on Inc erder complained Of arguing that derogao.
~ to n IN and an illegal order the part Lieut. wilkes
and, na,umch lift was illegal, Lieut.. Wilkes could be
punished Tor giving that order, It followed matter Of
course that il was illegal binding upon him.
and he could not be punished for refusing obey an or
Ter for the giving of which the person Who gave was
he
that the order was Illegal, and Lieut. Wilkes gave him no
bat To obey the order as il was he cop,cndj
hat ne was justified in his refusal which he believed
roS itorv 10 his rank and station in the Navy
With reference 10 the second charge he said that he had
gwen away the bowie knife pistol after repeated solca
tons in return for services his
he had reported the Circumstance Captain Wilkes i'm
rleael on his return for his uppror al had request
ed that might b. placed his private account and Cap,
Wilkes had directed the purssr to charge il to him. an1
him until 1t became necessary to swell the list of mcon
duct against him. Whether It a crime deserving Of
punishment, the Court would decide.
This defence was most a.le document, and reflects
credit on MIR. Gray, its author We heard experienced
officers state that they had heard better during
The Court then cleared for elaboration and re.
manned in secret session about three quarters Of hour
when was reopenej and the Judge Advocate directed
the Provost to call DR.. Guou
In reply to the usual question from the Judge Advocate
Doctor Giillou replied that he ready proceed
trial
The JUDoR ADVOCATE read the precep ordering the as
'embne Of the Court, aud the accused in answer to
question from the Judge Advocate replied he had no
objections 10 any members of the Court.
The Cour was then sworn, AMI the accused Assistant
Surgeon CHARLES +. B. GuLLoU, arraigned on the
following choryes
Charges Specifications of Charges preferred bv the
Secretary Of the Navy upon Information Of Lieu
tenant Charles Wilkes, of the United States NAVY
against Assistant Surgeon Charles F. D Guiliou of the
said Nary
CHARGE l--Disobedence of Orders.
SPECIFICATION
In this that the said Assistant Surgeon Charles +. B.
piiiiou then serving board the United States brig
orpoise then attached TO the Exploring SOU adron hav
ing on the FIRST December eighteen hundred and thirv-
1ine, prepare reGusiton for medicines and hospital
stores for the aforesaid brig Porposc it through his
commanding officer Lieutenant Cadwallader RnSpod
commanding the brig aforesaid, to Lieutenant Charles
wilkes the commanding officer of the squadron afore-
sei Tor his approval; aud the said Lieutenant Charles
"ikes having sent the Aforesaid requsiton back to the
san Assistant Sugooa Charles +. Gnillou through
ms commanding officer, the said CaIwallsder Rnygoli
with certain inquiries in relation the said reousition
written ther'uon ~ pencil and signed C. W. the inals
ot SAID Lieli'enant Charles Wilkes name the said
Lieutenant Cadwaser Ringeol, issued TO said AS
sistant Surgeon Charles +. B Guou a written order
aeh on the fourth Cay of December eighteen hun bred
AMI thrty-n (nerco attached marked A. and is made
part Of this spec atom requiring hm the said A;sis,an,
Surgeon Charles !. q iillon return the reonou
Aforesaid and to furnish The inform required by The
said Lnutenan' Charles Wilkes The sail Spr
Oh lres f. b. Guillor did refuse to obey the cold
order OF ms commanding officer to give the nforma
tion required
The following is the order alluded to:
A.
u. S. BaIG PoBPo,sv)
Harbor OF Sydney, Dec. 4, 800
You will without further delay, enclose to me the re-
QUESTION which returned on on the 81 inst In nm
Diance with directions nj If