The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-20

was in pursuit Of the mutineers and mnyd. ,%
who escaped from the Warren launch. / read
TO the Court my entire report, as follows;-
CORR
No. r. " FLAG SHIP Ono.
,IAPAz, July n, 1913.
Secretary of the Navy
SRI have the honor TO enclose herewith an
extract OF letter just received from Lieut.. Com
handing Jos. Lanman, enclosing to me the copy of
a letter from Passed Midshpman l.. T.. Wood
worth, disclosing the melancholy fate of the
officers in charge OF the U. 5. sloop Warren's
launch, as long missing, and which was supposed
to have been accidentally lost in the Bay of San
Francisco
Mr. Woodworth's letter was received by Lieut..
Lanman Just as Gov. M ason was on the eve of set
ting out for the gold region; so that without cxcit
ing any suspicion, one of The Warren's officers was
directed TO accompany Gov. Mason, for the pur-
pose of identifying any of the mutineers who may
be found among the gold washers, or elsewhere IN
Should we be so fortunate as to lay hands on
any of them, with sufficient authority to convict
them, the penalties of the law will be promptly
executed in the most exemplary manner, unless il
may be necessary after conviction, to send one or
more to the United States to identity others:
Most respectfully, your obedient servant,
(Signed) THos. AP g. JONES,
Commander in Chief Pacific Squadron"
To which report, in due time, and after my arri-
val at San Francisco, received an answer dated
February 10th, expressing the appreciation OF the
government, and directing me to bring them to
Trial. Herewith is The complete answer of Mr.
Secretary Mason, of which present to the Court
an authenticated copy, uader the seal OF the Navy
Department.
Again, in report made at Monterey, November
LIST, 1915 to the Hon. John Y. Mason, Secretary of
the Navy, stated as follows
81 have had occasion, more than once, | am
sorry to say, to speak of the characterization and
unruy disposition of few of the officers of this
squadron, and particularly so of = = - He has
just been convicted second time, by naval gene
raj court martial Mr.. IL. will be
tried again as soon as another court can be con-
vened," &c. nc.
The letter from which these extracts are taken was
replied TO by the Secretary of the NAVY, in letter
addressed to me, in the following words, to witt
"NAvY DEPARTMENT, March 1, 1919.
SIR Your course respecting the officers re-
ferred 10 in your despatch No. 3d. OF the LIST OF Nc
vember, ISIS, rs approved"
The original Of this reply, signed in the proper
hand of Mr.. Mason, is herewith offered to the
Court.
flag ship Ohio, al san Francisco, made the fol-
lowing report TO the Navy Department: =
81 Passed Mdshipman -, detached from
this squadron by sentence of naval general court
martial will return to the United States, in the
-. am sorry to say that the combined influ.
ence and example of -, produced no less than
four trials of officers of their grade - which
charges were severally prov ed,and the accused ac-
In a despatch from the Navy Department, dated
March the LIST, 1919, received from Mr. Secretary
Mason, the express assurance OF his ~ ill comb
dence."
Al length on the 18th of March, 1919, when the
authority which had been exercising in regard TO
court martals, became questioned by some OF the
insubordinate and arguing young officers OF the
squadron. reported 10 the Navy Department, and
applied for Instructions; the following is the por
tfon of my despatch which referred to this matter:
"There is another important question mooted in
this squadron ,lupon which need your instructions;
IL is the right of the Commander of the Pacific
squadron, 10 order courts martialiin the ports of
California, now territory OF the United States.
have doubt upon this subject myself, at least I'M
I'll the laws the United States are extended over
this newly acquired TERRITORY. The several and
distinct courts composed of the senior and most in
tellgent officers of the squadron have declared in
favor of the Iight-r evertheless, some OF the
younger officers deny il, and thereby produce
doubts and dissatisfaction on the minds of others.
The sooner that question can be settled by execu-
tive or legislative action, the better for the cause of
law and order on this coast, and the discipline and
harmony of the squadron"
The reply Of the department was as follows
NAVY DETACHMENT, June Is, 1919.
" Commodore THos. Ar. G. JONES,
Commanding U. $ Squadron, Pacific
"The question in relation to the right of the
Commander in Chief of the u. S. Squadron in the
Pacific, 10 convene courts martial, has been SUBJ
United to the Attorney General, whose opinion, il
is hoped, will be received in season to be sent by
Passed Midshipman Beae; if not, it will be for
warded by the hrst opportunity afterw ard.
4" am, very respectfully,
Your obedent servant,
"(Siened) WIN. BALLARD Passion"
Thus still leaving me, till contrary opinion from
the Attorney General, which never came, TO pur-
sue the course had before pursued, with their
concurrence and appreciation, which distinctly
informed them TO be in accordance with my own
sense OF duty, and my understanding Of the law,
until otherwise instructed. meyer did receive any
such instructions, and therefore did continue so
10 act
Now, IL ! erred as to the true law in this matter,
on whom is the responsibility. either legal or mo-
raj Is the legal responsibility with me or with
the government, whose agent | was, with whose
knowledge and consentI acted, and whose pre-
sumed and positive instructions executed As to
the moral responsibility. let relative situations
be contrasted. i, on a remote sea, engaged In an
arduous service, encompassed with unexampled
embarrassments and difficulties, far from home
and all reliable sources of information and legal
advice the government, on the other hand was
surrounded with all the means and facilities for a
sound, sure and prompt judgment, which the laws
and institutions OF our country could afford. Can
The government, even in the last straight or en-
bar1assmeBts OF this matter, decline their advice,
and withhold their intentions, and throw upon me
the responsibility OF a decision and action Can
the government now, which allowed, approved and
instructed me in the first instance, and which to
uary nature, hold me responsible and pursue ms
criminally, and at the hazard Of my character and
even life, for what | did in their service, and
with their consent, and by their instructions 7
Would not this be a per6dy without an
example from the government Of any civil
lized nation Would not the epithets OF
" fraudulent and scandalous," and against
truth and faith, and honor" so lavishly aud un-
Justly applied TO my conduct in the profuse and re-
dun dant rhetoric of these charges, much more
fairly characterize in the judgments Of all he
norable men, the conduct Of the government
which weuld so entrap and betray faithful SER
want am far from applying these epithets TO
this government. or any ~ It's officers. am far
from thinking them merit~d-nor would seek to
retort or reply to these charges otherwise than by
a prompt and complete judicial Investigation of my
integrity and conduct The misfortune Of the de-
and enc cause Of the extraordinary in.
Justice towards me in this matter. is the want Of
proper official organization from which have had |
70 report TO no less than three heads Of the |
Navy Department in a brief period OF as many |
years. secretary Is not informed Of the official |
actiens and decisions Of his predecessor, and |