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

OF the departure will be duly noted the Jour-
nal, and reported Immediately to the collector On
the same and the following page it is provided that
IAN orders relating to the service of the revenue YES
sells, in executing the laws emanating from
the President Secretary of the Treasury, will be
communicated through the collector. who will cause
the be delivered and communications address
cd to the department by the officers the business
OF the service, will be transmitted through the col
lectors The collectors will direct tho commander oil
the vessel ~ to his special duties All his directions
will be in writing and well Us the instructions
from the Treasury Department are to be entered on
the vessels books" On pagel7 il Is declared that 1.-The
commanding officers of revenue vessels shall In no
take passengers board except officers OF the
customs when on duty or other persons IN the service
of the United States and the latter only by special
direction Of the Secretary Of the Treasury or the COL
lector Of the port On page 4th it was declared that
1t the determination of the Department to enforce
strict compliance with the regulations prescribed for
the OF the revenue service ana 10 exact
rigorous attention the duties assigned to the OFF,
GERS The collector referred to the above regula
ons is the collector Of the district to which the reve
vessel is assigned and under whose direction he
the comma nder Is placed and through whom he il to
hold communication with the Treasury Department
and that department with him. The foregoing special
and general orders being those which found, on
examination to have been prescribed by the depart
ment to which subject, for my government, and
municatcd to me by the collector of Mobile as late as
the 2st of the same month"; requiring peremtorily
to return to my district as soon as had completed
cleansing the vessel and to contne myself to that dis
trict, found it would be impossible for me- without
the most open and palpablc breach Of orders to per-
form the service requested without positive orders
from Captain Gregory requiring me to do with
these under the cxgency Of the case determined to
assume the responsibility Of performing the service
Accordingly, on the same 9Th day of August 1916
about clock in the afternoon went to the city of
Pensacola and saw Captain Gregory to whom stated
should require orders from him before could perform
the duty he wished me to execute. To this Captain
Gregory replied, hurry and get ready, and down
alongside the frigate and all shall be made right
words to that effect. | showed him the letter which
had received from the collector of Pensacola which he
admitted at the time was order Not doubling that
Captain Gregory would give me the required order |
made every effort to put my vessel in state of readi
ness to sail possible; and on Sunday evening"
the 9th of August, dropped down to the Navy Yard
the frigate Raritan and Immediately reported to
Captain Gregory and asked him for orders, telling him
could not act without he then told me lie could not
give me any orders but said that if did not go to Vera
Cruz with the dispatches would be broken. replied,
If am to be hung upon the horn of dilemma, will
hang the right and not break the only orders
have" Captain Gregory then wrote order to
Captain Webster, commanding the Flotilla, at the Ba
Secretary of the Navy having been received with
dcrs to transmit them with the utmost despatch to
Commodore Go1 Inc on vera Cruz by any public
at this port excepting the revenue cutter Walcot C)
Captain Fatio was requested to perform this
vice. and about starting AS his vessel rather
indifferent for great despatch, at this of
the year. have requested him to proceed at to
the Balize. and communicate with you-and have to
request that you will be pleased forward Mdshipman
Habersham bearer of dispatches in of your stca-
mers with all possible expedtion-such being the wish
of the government" (See doc't ny From this letter,
written after had positively refused to go to Vera
Cruz without orders from Captain Gregoryand which
i
doned all idea of going further than the Baze and
yet in his letter report to the Secretary of the Navy
Under date of the 18th August, 1916, upon the
prosecutions of which my name was stricken from
the the service, he suppresses the important
fact nm Of tho 9TH of August
vice required nRtly, on the same day, after
examining my q n1be Treasury Department,
order; he also sup X 1nwoet, the equally
important facts of the dehiSl refusal of orders
on tho evening of the 9th Of ~ dst and at the same
he DR. as O
ate belief that | sailed from Pensacola, either posi-
lively or condtionaly, for Vera Cruz, instead of the
Balixe; whilst he knew the fact not (See doc o.
On the contrary, the only service consented to
FORM after ascertainng that orders to be 81
ven to me, was to carry Mdshipman Habersham far
as the Balixe, which was on the confines Of my dis
trict to which was expressly ordered to confine my
morning of the 10th of August, 1876, sailed from
Pensacola, with Midshpman Habersham board for
the Balize. The wind being light and ahead, and so
continuing shown by the extract from the log book
Of the Wocott, marked p, | found myself, the
morning of the 18th August opposite to the entrance
of Mobile bay, which was in my to the Baize
Being unable to make my course. and with every in
dication of storm from the southwest which would
be likely to delay and which, from the of
my vessel. officers and crew, in a bad condition
to encounter; and believing firmly, that under the
circumstances, Mr.. Habershams progress would be ac-
celebrated thereby. concluded to place him board
the mail steamer from Mobile to New Orlcans-whch
passed daily where then was; and which would
enable him to reach that place in few hours and the
Balize by the almost hourly opportunities from New
Orleans to the latter place, in few hours and
much sooner thAR tAcrc was then reasonable
pect of his dQf6y continuing board the Wolcott.
In pursuing tIICcourse. acted from firm conviction
that whilst avoided breach of the positive orders of
the DEPARTING Mt and of the regulations. not to leave
my district the progress OF the dispatches would be
accelerated. That this was. under the condition of
winds and weather, disclosed by the log book of the
Wolcott the most certain and expeditions mode of
reaching the Baxe at an early period. cannot be
doubted by any one acquainted with the localities,
and the facilities of rapid progress afforded by the
mail steamer to New Orleans, and the hourly steamers
that ply from thence to the Baze for the towage of
merchant vessels 1t is proved by the fact that Mr.
Habersham put board said mail steamer after 3
O'Clock, y. NJ. and was in New Orleans at O'Clock
the following morning. and on the same day wrote
few hours, have conveyance to the Balizc and from
thence to Vera Cruz" (Scc doc. P) This expecta-
ton of Mr.. Habcrsham would undoubtedly have been
realized but for the fact. subsequently discovered by
him. that Captain Webster. Of the revenue service,
commanding the revenue Fotilla to whom Captain
Grcgorys orders directed then at the Brazos
and the Lcgarc the last vessel of said fotia had left
the Bazc for the Braxos on the same day on which
the Wolcott sailed from Pensacola (Scc doc. O. Mr..
Habcrsham therefore compelled to remain in New
Orleans until he could obtain passage to the Brazos
the tho LS"Ts and o,her % If %
Habcrsham ut New Orleans. was created by
this fact, and not by my failure to proceed. with
him to the Balize Had done according to the ex
pectations Of Captain Gregory Captain Webster would
not have been there to execute his orders and MIR.
fiabersham must have proceeded to New Orleans to
obtain passage to the Brazos since my understand
ing with Captain Gregory required to proceed
further than the Balixe: and my positive orders from
the Treasury Department forbade IT, rs we'll as the
printed regulations, placed in my hands for my govern
ment with which ] was informed. :" it was Qs) the
determination of the Department to enforce strict
compliance" To show that by going to Vera Cruz
without other orders than those which furnished
to me, should have violated tho organic law of Con-
gress, as well rs the instructions Of the Department
and my oath Of Office bog leave to refer TO the 9Sth
and 9h sections of the act of the I'd March $780, Sd
vol " Laws United States,r pages 228 and Z. These
sections will show that the orders from the Navy De-
partment did not apply to, embrace. the revenue
cutter Wocott since she had not been directed by the
President to cooperate with the navy and that
order from the President the Secretary Of the Treasury
the Collector Of Mobile subject to whose direction
the Walcott was he having been designated for that
purpose necessary in any view Of the case, be-
fore authorized to execute said order; and that
according to the provisions of this act we'll the
regulations prescribed for the government of the
marine, the Collector Of Pensacola correct In
declaring that he had authority issue tho order
requested by Captain Gregory; that the Sccrc-
tarY of the NnyY without a prcYious direct by the