The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-16
Military onrt Martial at Portsmouth, N. II.
FORT CONSTITUTION,
PoRTslIoUTH. N. H Noy. Ill. 1880 (

Military Co nrt Martial at Portsmouth, N. II.
FORT CONSTITUTION, }
PORTSMOUTH, N. H., Nov. III, 1850
SIR The recent publication Of several most
abusive and intammatory articles, in certain OF the
Portsmouth papers, and which have been copied
into many of the respectable journals of the coun.
try, assailing in terms of unmeasured scurrility
the proceedings of General Court Martial which
assembled at this post in September last, for the
Trial of four men charged with the crime of mutiny
seems to render it proper, 10 justice TO the gentle-
men who composed that court, to the General of
Division, who revised and approved its proceedings,
well as 10 myself, whose duty it became to carry
its sentences into effect that should offer the fol-
lowing simple statement of facts in relation to the
subject.
On the 10Th CT July last being in command of
this post, which | had lately joined after long
tour of duty in Southern and New Mexico, had
occasion TO visit in the port barge, neighboring
island, some half mile distant having directed
crew to be detailed for this purpose, repaired soon
after TO the wharf, and found the coxswain sitting
alone in the boat, and the four men who had joined
and reported TO him for duty as its crew, sitting
Longing IN circular group upon the landing above,
| and within few feet of the barge Observing
| that the cCXswain appeared embarrassed, and very
! much cowed, asked him for his crew, and he in
|
| but that they had refused to enter the boat Adj
| dressing these men in calm, distinct, and rather
cheerful tone, as though not noticing this very open
demonstration OF INSTRUMENTATION, ordered them
TO take their places in the boat; this order, each
and all ct them, most coolly, deliberately, wifuly,
and decidedly dIsobeyed. Approaching each in
turn, then addressed them separately, and asked
If il were possible that they intended TO refuse ODE
| dience TO my ordersl For some time they pre-
| served a sullen and determined silence, remaining
| as before, with their eyes cast down or averted
from me, and without even exhibiting those marks
OF respect which ell Suoordinales are required AID
| expected TO manifest towards a superior officer
| When at last ! obtained on answer, il was so
evidently patched up and so far from the subject,
| that considered any further parley with them
would be but trifling with my duty; and being only
| too well convinced, from their logged and deter
mined manner, from their continued disobeience.
| and from a remark which / had twice heard one Of
| them make Immediately before | addressed them,
that they had fully and mutually agreed, combined,
and conspired, one with the Other, TO disobey my
orders and resist my authority, caused them to be
| handcufied as mulineers, and directed another
/ crew TO be detailed.
My manner, throughout, was calm and dispas-
| sonaie | neither addressed them in harsh or
abusive language, nor attempted TO coerce by force
their obedience TO my ORDER for felt assured that
| they had selected this occasion TO ascertain how
| far newly appointed commander might be trifled
with, and the general discipline of the garrison in
duced the belief that they were not alone in the
attempt TO set my authority at defiance.
| The statement that they had been ordered 10
row party OF ladies on an excursion OF pleasure,
Is as unquaiedly false as IS the assertion that they
were sick, weak, and debilitated. did not deem
IL proper, commanding officer Of an island post,
| TO explain 10 my men the reason for ordering my
boat, nor to communicate 10 the neghboring press
| my object in taking IT,. These men were amongst
the healthiest, most active, and strongest men Of
my command, and were selected as the best oars
men. They were not al the time, nor had IN ey
been for some time previous, nor were any of the m
| for some time after this occurrence, on the sick
list, which, every morning, contains the names OF
| those soldiers who are eiling or invalid. They
were tried openly, fairly, and impartially, by a
| court Of seven members and Judge Advocate,
| (bound by solemn oath, in each case, TO admin
lister justice without "partiality, favor, or atfec-
ton, and every opportunity they required allow
| ed them for their defence, the court adjourning
over two days, that one Of the prisoners might pre-
| sent a written defence. No one appeared as spe-
| cial prosecutor, my own simple narrative, under
| oath, being delivered in each separate case; after
| which withdrew from the court room, until called
| in for another-the rules OF evidence, in military
courts, not permitting the presence OF witnesses
| required 10 give testimony, during the examination
Of another witness in the same case.
The crime Of mutny, Of which they were found
guilty, is made, by the 9TH Article Of War, punish
able with " death, or such other punishment as by
a court martial shall he inflicted" and the 9Th
article attaches the same penalty TO all "oficers,
non. commissioned officers, or soldiers, who, being
present. at eny mutiny or sediton, does not use his
uimost endeavor TO suppress the same, or coming
TO the knowledge OF any intended mutiny, do IS
not, wihog! delay give information to his com
Of deliberately violating the former Article of w ar;
a neglsc, TO have reported IL would have made me
guilty Of violating the last.
One word in reg ard to the men for whose bene-
NJ so great an excitement has been created, mobs
stimulated, Indignation meetings called, and threats
of violent release uttered hy those restless aqiia-
tors who seem 10 glory in their defiance Of law,
the turbulent nfraction Of which they ETY. lie phila
thropy who scoft at public officers for their faith
ful adherence TO duty who rail at intelligent legal
tribunals for daring to vindicate discipline and GOOD
order; ard who would excite the vicions the dsso-
Lutte and the subordinate, TO persist in their re-
| fractory course, that food may be furnished for
their mischief craving appettes, but half gluted
| by the excitement which around them seems al
ready endsngering the best interests Of their coun-
try. Three Of the soljiers in question are regard
| ed by the officers who have been long on duty
with them, as the most insubordinate anI trouble
come men Of this command, Zone has been twice
tried for deseron) while the fourth, from his pre-
veus good character, and the probability that ne
may have been influenced by the others 10 commit
this crime, was recommended to the favorable no
tice Of, and the severest part Of the sentence ac-
| tually RENTED by, the General Of Division.
II IL not my design here 10 reply TO the many as
| seults made sg ainst the military character of the