The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-07

The Case of Capt. FotiO vs.. Secretary Walker
To TmE Hon. II. J. WALLER,
Secretary of the Treasuary
Sin :As had the honor To be informed by your let
ter of LIST September lS46 it has pleased the President
of the United states assigned in that letter
and founded, feel bound to believe, on nisappre-
henson OF my conduct to cause my name 70 DE %
cation trial the slightest opportunity afforded
me to explain or justify my conduct Feeling deeply
mortified by the charge Of failure to perform my duty
the government and country, and having tho most
entire confidence in my ability fully to yndicate my
self by the laws and regulations established for the
government of the Revenue service If opportunity
offered me, called upon the President, and
stated the great injustice which had been done me- and
received from him promise that my case on being
properly through should be reeonsdered
and the injustice complained Of if found to exist,
paired.
Under these circumstances beg leave present YOU
and through you to the President the following state
Of my case which Is fully sustained by the
panying evidence-much of which has been seen,
either by yourself or the President-and thereupon
spectfully to ask reconsideration of the harsh and
summary judgment pronounced against me.
The history Of the transactions which led to my dis
mission from the service in the stated will be
the facts of the case, in the chronological order in
which they occurred accompanied by the evidence upon
which the Statement is founded. ~
On the 9th of April, 1876, ordered to report
myself the Collector of the district of Mobile for duty
board the schooner Wolcott, and promptly
obcyecd order, and took command accordingly (See
accompanying doc. marked AZ The cruising ground
of the Wocott extended from the Chandelier Islands to
the Perddo river. See doc. b. On the Both june 1916
received permission from the Collector of Mobile under
whose orders was placed, to my Especial dutiesn
see Regulations of lS43 page 5 to repair Pensacola
which was beyond the limits of my district for the pur
pose of cleansing and purifying the Wolcott (by paint
ing and otherwise of which she stood greatly in needy
and accordingly repaired to that place for the purpose
stated (See doc. CO. This permission to proceed to
Pensacola for the purpose stated sanctioned by
Collector of Mobile, under date of July 10TH 1896
(See doc E) had also applied for sails for the
se M e IN put
the fall (See doc E) By letter from the Collector Of
Mobile under date of the 2lst July 1876 to myself it
will be that on the 10th july 1886 had stated to
him " the unsoundness of the planking Of the VOL
colt in sundry places above the water line" desire
that what there said about the unseaworthy condition
of this vessel may be noted it will fully verify what
repeated to the Department in my letter of the 18th
August, 1916 (See doc F. On the eth July 1886 the
Secretary of the Navy addressed letter to Captain
VIM. X. Latimer commanding the Navy Yard at Pensa-
COLA containing order to him To the fastest
sailing public vessel in port to be prepared to sail at
moments warming for Vera Cruz, tocarry dispatches
to Commodore Conner" informinQ4htm that " the
and stating that there was s mother public YES
sci at Pensacola it s) hoped that the Lawrence
might may be got ready for 50 short cruize will
be noted that this is positive order to the fastest sail
ing public vesse and atcrnatvely to the Lawrence if
other public vessel at Pensacola (See doc G) On
the same day 2th July S46 the Secretary of the Navy
sent forward the dispatches accompanied by another
order to forward them to Commodore Conner at Vera
Oruz, as as possible" To this order was added
first public vessel that can be got ready (See doc.
H. 1t appears from tho certificate Of Commander
Mercer, then at Pensacola in comma nd Of the Law
that these orders together with the dispatches
were received by Captain Latimcr on tho 9Th Of Au-
gust. lS46 and that at that time both the Lawrence
Commander Mercer, and the Raritan, Captain Grego-
ry, lying in the harbor Of Pensacola. That Cap
tain Lamer immediately sent Tor both those officers
and submitted the orders from the Navy Department
to them. That after these orders read, Captain
Gregory remarked to Comma nder Mercer, you can
take the despaches to which the latter replied Yes
sir, ten to well, if not expeditiousy, any
other vessel but the Secretary has ordered the des
patches be sent by the fastest sailing man-of-war
might
Raritan and only expresses hope that the Lawrence
can BIO made available for the service provided she
is the only vessel in por' After stating the
worthy condition of the Lawrence and another order
from the Secretary Of the Navy to north If Commo
Commander Mercer said to Captain Gregory. am,
however, ready to take the dispatches you will give
conference, Captain Latmcr said, Gregory, were in
your place, would take the dispatches down in the
Raritan for Mercer should happen to be dismasted
in squa his passage and the dispatches delayed,
you would probably be much censured." After sta
ting several reasons why it unpleasant incon
venent for Captain Gregory to tho dispatches
in the Raritan It occurred to Commander Mercer that
the revenue cutter Wocott was in port, where he had
hoard she was to remain until the LIST of September
He therefore thought that she might be sent with
the dispatches and could deliver them soon, If not
sooner than either the Rartan or Lawrence, And he
suggested to Captain Gregory to apply to the Collec
tor of Pensacola for her. to which he assented imme
dately. That Captain Gregory did mako such applica
ton and Informed Commander Mercer that he had
the order for the revenue cutter to take the des
patches, (see Document ~ Both these officers of the
navy thus relieved themselves from obedience to the
positive and percmpory orders Of the Secretary of the
Navy, which it is manifest did not embrace the
nue. cutter Wolcott which had not been detached for
naval service and for which, if the order had contcn
plated her, application would have been made
suppose to the Treasury Department. to the Pres
dent of the United States according section 9S of
act I'd March. 1897 It will be noted that Com.
mander Mercer insisted that the Raritan embraced
by the order of the Secretary of the Navy because that
order contemplated the fastest man-ofwar which
might be in port, and that vessel certainly (s the
Raritan" Both he and Captain Latimer thought the
order required Captain Gregory to go and carry the
dispatches in the Raran. 1t is not to be supposed
therefore, however inconvcnicn it may have been for
her to CO. that she was unable to render the service
Commander Mercer offered to go if Captain Gregory.
the senior officer, would give him the order but at
the same time insisted that the order from the Navy
Department required the Rartan to go-and this with
full knowledge Of the Inconvenience and unwilling
ness of Captain Gregory to do So This 1t Is true
before the Wocott was thought Of Az to the compa-
rative speed Of the Wolcott even If she had been
braccd by the order from the Navy Dcpartmcnt) and
the Raritan, it may be seen by examining the log
books of tho two vessels ut their respective departments
that the Raritan greatly the fastest vcssc-it is
believed nearly or quite onethrd faster. On the said
9th day of August, 1916, the Wolcott was lying
at Pensacola undergoing the process of painting
and cleansing. and in dismanted condition. with
portion of her crew sick. when | received the letter
marked from the collector of Pensacola written at
the instance of Captain Gregory enclosing from
Captain Gregory himself. marked (sce documents J
and Ky The collector Of Pensacola in his said letter ad
mtted that he had no authority las well knew from
the printed rules nd regulations of the service he had
no to give the order asked for by Captain Gregory
and, as now fully believe. without any authority or
necessity for doing but believing that the cxgency
great and feeling disposition to do any and every
thing consistent with my duty to serve the govern
ment; and believing that the orders from Washington
were such that Captain Gregory could would give
order for the performance Of the duty required
of me- Immediately addressed him the letter marked
l., Offering to put the cutter in readiness
possible. and to sail for Vera Cruz ut his bidding Tor
ordcr.) (See document marked L. also Immediately
wrote letter to tho collector Of Mobile informing him
of the unexpected application which had boon made to
stating that the vessel not In fit condition
to 90 to sea in' my want Of proper officers, and my
own bad health; but. at the same time expressing
hope that my determination TO GO would meet his APP
probation. (Sec document Ma Under the influence of
strong disposition to pcrfo}1 the required service
and after writing these letters without time for rccc
ton examination Of my orders. either standing
special and feeling the pressure of my duties and obi
cations the commander Of the only vessel in the
service on the northern shores Of the Gulf OF
Mexico examined both my written and printed
found that tic ltfcr fran the callcctar Il