The New York herald., 1845-07-08

mand their discharges and inform them that they
proceed to Norfolk in the ship and receive their pay at
that placeor they may take their discharge aAnnapols
and receive their pay from the Navy Agent at Baltimore
am very resp'y yo yours, R.xc.o,r
Capt v. informed me Friday afternoon the l4th Of
March, about or o'clock that he had received such
order and that he wished to get the ship ready
told him had nothing to get board but the officers
mess stores and that would get them on boa board that
formed that the had not yet been paid of whose
times out and he could not sail till Monday. On
Monday morning as the crew OF the captains
boat got their breakfast sent his boat for Capt. "
and hoisted in the other boats before Captain " got
alongside about halfpast TO- we had fair wind blowing
very strong when he on board the pilot remarked
he would not like to get under the wind was blowing
SO fresh remarked to Capt that did not believe the
messenger would weigh the anchor He told me soon
as | could he wished me to get under way; but to be
governed by the pilot. A little after aP. NJ went to
Capt " and informed him the wind had ued some and
that thought could get the anchor up; the pilot
also willing to start Capt " said very we'll do so
if you cam then said there were officers yet to
board who were in a schooner and it had been
driven to lecward lie said, never mind them we will
not wait for them, as am anxious to start can they
can join by the steamer at Norfolk had all hands
called and commenced neaying the wind freshed again.
and blew quite strong and We could get in only few
and concluded to STOP and reported the
to Capt w. part Of the messenger being made OF an
old stream cable We had on soard On Tuesday morn
ing we got under way, and proceeded down the bay
do not know whether the purser had paid of the men,
not Mr. Fleming acted as pursers clerk; J DO not
know what was the wind on Saturday. The ship was
always prepared to proceed except hosting in our boats
and weighing our anchor. do not know why We did
proceed down the bay. than what Capt v. told
me, he ,was waiting for sthe purser. think the Capt
came board on Monday, about 1890. despatched
the boat at The distance four miles from the
shore. Had Capt " been on board about six, might
have got under way; the wind at first vas light; do not
think there any delay after the boat reached the
landing. do not think the boat could so and return
again short of two hours. There was nothing know
Of to prevent Capt staying on board that night Gle
topsails if we had got under way Monday.
| By the CouRr-We did proceed with despatch after
we left the anchorage on Tuesday All the % officers sr
Blair, the gunner; Slr Jefries and the Capts. clerk
had returned No other means were within our power
at that time TO get the ship under way then but by slip
got under way at the forts at Norfolk and we slipped
In going up the bay do not recoecthow often we took
| up our anchor &c.
sh an order authorizing the Leutenants to punish the
men at the beginning of the cruise first verbally and
Third Charge and SPECIFICATION. first information
had of the ships going to Annapolis instead Of Norfolk,
Rio de Janeiro. He said he would get his order from
Com Turner to return to the Chesapeake Bay and that
he would so to Annapolis He stated his reasons why he
intended doing to persuade him from it, stated to
| him my reasons why thought he ought not to GO He
replied you may grumbc as much as you please, am
his order, and at sea, he found that the Com
modore had pinned him down to port Norfolk which
he thought not very liberal after the long cruise he had
made About 10 days after that he told me he wished
still to exercise the at their quarters between
this and the equator he wanted to keep them in
tce for when he arrived Annapolis he expected the
Heads of the Department and Bureaus would visit the
| ship and he wanted to show them how well they exer
| cised Before got to the equator remarked that
the lashngs at the mast head looked clumsy He said
when we get to Annapolis take them off," About week
before got to the Capes was speaking OF painting
the ship except the He said pant the masts af
ter get in Annapolis The next knew of going
to Annapolis seeing the Annapolis pilot come on
board, off Cape Henry.
| IuIv
| Eierenth Days Proceedings Of the Court Martial
The Court met pursuant to adjournment-the journal
r.. s. BRowNiNc called by the Judge Advocate, and
resumed his testimony folows:I do not recolect
having heard vessel hailed while the Horse
Shoe THE order Of Commodore Turner to Capt. Voor
hees to proceed to Norfolk and then report to the Secre
tary OF the Navy, was here shown the Witnessl hat
few days after got to he told the purport of it
By the CouRr-The Congress might have borne grca
deal than three reeftopsails before the wind thu
day got underI way from Annapolis; meant she
might have carried three Tosttonsas BY the wind my
tempted to get under weigh on Monday.
BY the AccusEp-I mean when say ''the ship was go
ready on Saturday morning to get under way" in con
sequence of the orders received from Capt " Friday
| night; the messenger was logged the day we were al
Annapolis and had weighed anchor twice with it
ger its not being dogged did prevent getting
der way Monday; the delay in sailing on Monday
Capt "; because the Capt told me to get under way
SO could; when we left Annapolis roads
red double lore and topsas and single reef main
topsas the main topsa being short reef made
it in size about equal to the two in the fore and mzzen
topsails; the wind much lighter then than Mon
day. the order of Capt " to ieutenants to nhict pun
ishmen the same this, article 49, in this book
| now shown me see difference that | recollect |
considered authority from both the Secretary the
Navy and from Capt " by his entering it his book;
but did not act upon it until it put in the order
book in consequence Of their being written order in
the order book prohibiting such authority; when it
nterlined, you will perceive in the brackets, it
then acted upon it abrogated the Captains pre-
vious ordcr regarded the inierlneaon authority to
punish according the usage of the services in all the
vessels have sailed licuenants have been allowed to
punish for slight offences without reporting to the Capt
excepting two vessels
The following question proposed
"Name the vessels in which this practice allowed,
and their Commanders and those in which was not al
lowed, and how long you have been in the servicer
The JUDGE ADvocArE objected to the question, and
the Court cleared re-assembling, the Judge in
formed the accused that the question nadmssible
WITSEss-I done know that the log book is erroneous,
dol know that it not correct records could tcsti-
fy to my remarks in the logbock correct;
speak for Others have already stated my evidence
| that | could not any light but Cape Henry;
Horse Shoe the ship was going at least two knots
through the water and under short sail.
BY the JUDGE ApvocATE-l should judge We could not
see any light but Cape Henry light as the pilot who is
sighted told then that he could see other
light; mean the delay Monday for not getting
under way owing to the pilot and the wind after
| Capt. " came on board
The testimony Of Lieut.. r. L. Browning was closed
here, and Francis II. FLEMING called by the Judge
Advocate. Being sworn, testified the part of the pros
ecution, ollows- board the frgatc Congress
in her last cruze; for the last tw years the Cap
tain's Clerk | know of Captain Voorhees, having
the order shown me on Saturday morning,
the 18th of March, at Annapolis; do not know when
he received it, the 10th was ordered to make up the
account Of those whose term Of service had expired
possible there between forty and fifty;
ordered to do expeditousy possible and at
O'Clock in the afternoon of the day, took the
books ashore to pay of the men, the purser Mr. Cahoon
being shore with the funds aud tho men, arriving
shore, commenced paying of the men, and finish
ed at 10 o'clock that night so far the business OF pay
ing of the men there OF delay after Satur-
day night at 10 O'Clock, that know Of 1t not till
Sunday morning that Capt v was informed that the men
were paid Off there purser's clerk board the
ship, and by the permission of the Captain did the duty
of such cerk il the had been sent to Baltimore to
be paid off, advantage could have been gained by it,
they had to sign their accounts and it would have
been very inconveDent for the men, and believe they
would have refused to sign their accounts if they had
had to to Baltimore they received payment by checks
the bank at Baltimore except small in cash to