The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-20
escaped from the Wareas launch read to the court
nv entire report, as follows .f ST

Mdshipinan 5 T. Wood worth, disclosing the melancholy
have been cden,y lost in the bay Of San Francisco
Lan,nsn just Governor Mason the eve Of setting
out Tor the ged rssion 20 that wi,hoa, exc any -,
pany Governor Mason, for the purpose OF identifying any
ofthe mntinees who may be found among the gold wash
ers elsewhere in California
Should we be SO fortunate lay hands any.oi
ns b % Be- 10 s
pary manner unless may be after conviction,
tosend one 70 the United States TO identity others
Most respectfully, your oSedsn dn sesvsnt s,,s
e- "Commander-in.chiet Pacific Squadron
" Hon. JOHN Y. Mason,
Secretary of the Navy"
To which report, in due time. aud after my arrival at
San francisco, received an answer dated February l3
expressing the appreciation OF the government and direct
ing me 10 bring Them to trial Herewith is the complete
the court an authenticated copy under seal 81 The Navy
Department This paper has not been furnished for
puS.sia0l Issia. " repor mue Il sfcn,esv vysSer
ls4s the Hon. John Mason, Secretary Of the Navy.
stated as follows; EJ,plF fhs ls,I s3 ta
\" have Ind occasion more than sorry say,
few Of the officers OF squadron and particularly Of
lie has JUST been convicted second u1e
| by a naval general court martial Mr.
vened, ,"&c,, &c.
piled to by the Secretary the Navy in letter addressed
| to me in the following words, 10 wit:
/" Navy DErAurMKsr, March |, lsi9.
Sra, Your course respecting the officers referred 10 in
despatch No 49, Of The lt Of November lsis isap
The original OF this reply. signed in the proper hand
Of Mr. Mason. is herewith offered to the court This
paper has not been furnished for publicatlon.l
And on the 2lst OF November, lS4S, from the flag ship
Ohio at San Francisco, made the following report to the
Navy Department.
Passed mdshipman --, detached from this squad-
\ States
combined influence and example Of - produced no les,
charges severay proved and the accused accordingly
sentenced in every case
In despatch from the Navy Department, dated March
1919, received from Mr. Secretary Mason the express
assurance Of his .. FIJI confidence"
At LENGTH on the 18th Of March, lsi9 when the au-
lhory which had been exercising in regard to courts
martial became questioned by of the insubordnate
and arguing young officers Of the squadron, reported TO
the Navy Department and applied tor Instructions The
following is the portion OF my despatch which referred TO
this matter:
"There another important question lnoo,ed in this
squadron upon which need your nsuaconsi ii is the
rig OF the Commander of the Pacific squadron order
cour,s-martal in the ports Of California, TERRITORY of
the United States have no doubt upon this subject my
seatleast until the laws oIhe United States xended
this newly acquired Territory The several and dis,
composed Of the senior and INTEL gent
q s o Ssys o he sa, ~ syo OF e
aud thereby produce doubts aud dissatisfaction on the
executive or legislative acon the better for the cause Of
law and order this coast and the discipline and bar
fnony oil the squadron. .a
The reply Of the department was as follows
NAVY DErARrMEsr, June ~, lst9
The question in relation TO the right Of the commander
convene has been .SSmiea to ,he 1osney
General, whose oPiaon Il Is hoped win be received in
will be forwarded 6y ins nfst opportunity afterwards
am very respectfully W% sESt 1Ssdsn, sivsR
Commodore THos Ar C. JosEs,
| Coindmandng u. 5. Squadron Pacific !"
Thus still leaving me. t contrary opinion from the
Attorney General which never came, TO pursue the
course had before pursued with their and
appreciation, which distinctly informed them to be ia
accordance with my own sense OF iuty and my UNDER
standing Of the law and that il was my intention TO con-
nue 80 TO act until otherwise instructed never did
ceive any such instructions, and therefore did continue
so TO act.
Now II erred as to the true law in this matter on
whom is the responsibility, either legal moral ls the
legal responsibility with me or with the government,
whose agent was, with whose knowledge and consent
acted and whose presumed and positive instructions
executedi As TO the moral responsibility, lei rea
tive situations be contrasted remote sea- engaged
IN an arduous service, encompassed with unexampied
embarassments and difficulties, far from home, and all
reliable sources OF Information aAd legal advice: the
government the other hand, surrounded with all
the and facilities for sound, sure, and prompt
Judgment which the laws and institutions o our couB.
Try could afford Can the government even in the last
strait OF this matter, decline their ad
vice and withhold their intentions, aud throw upon me
the responsibility OF decision and action Can the gov
eminent now, which allowed. and approved, and in
structed in the first instance and which the last
withheld from any instructions OF a contrary nature
hold responsible, and pursue crlInnally, and al
the hazard OF my character and ife for what did
in their service and with their consent, and BY their in
struciions'
I Would not this be perfdy without example from
the government Of any civilized naiions Would not the
epitbets fJrdudufen" and "sedndaious, and "oFaina
truth, and faih, and honor" lavishly and ulusy
applied TO my conduct In the pfoiuse and redundant
rhetoric OF these charges much fairly characterize,
in the judgments OF all honorable the conduct OF the
government which would entfap and beay faithful
servant am far from applying these epjthets To- tins
government, or any Of its officers far IRON think
Ing them mcriied would seek TO retort reply 10
these charges otherwise than by prompt and complete
judicial vndica,ion OF my integrity and conduct The
misfortune OF the department. and cause OF the ex-
traodinary injustice towards il this matter, is the
want OF proper Official organization, from which, have
had 10 report 10 less than three heads OF the Navy De-
re,ary informed OF the official actions and decisions
OF his predecessors and for my faithful execution OF the
orders OF Secretary am thrown into arrest and sent
TO couri martial by his successor Bu, OF these things.
and OF others that are behind make complaint
might have expected that age, services Official rank, and
professional character would have shielded from some
OF the imputations which have been leveed against
me. might have expected, looking back on my past
life to have stood before the Navy Department, and u u
should 20 happen 10 come before coud-marha OF my
peers, with some OF the prescriptions In favor OF good
character and fair lfe might have expected that IN
those parts OF my official conduct where good motive
appeared, good motive might be imputed might have
expected that even in unsettled account caHent, an
apparent error of few dollars, to which my attention
neuer called uxt II in one OF the SPECIFICATIONS
lust read woud PASS for error merely and would