The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-11-16
punishment at Fort Constitution.

punishment at Fort Constitution.
We publish the following communication
from Capt. Judd, of the army, as an act of jus }
tiee TO an officer who, though sustaining the
highest character-military and moral-has been
recently assaied in the most violent manner.
We arc able to state on good authority that
CAPT. Judd, on taking command Of Fort Consti-
tution few months since, found the state of
discipline at that post exceedingly lax. Some
OF his predecessors in command had practiscd
too great lenity, and as might have been expect
ed, not few of the men had shown themselves
ready to take advantage of it. "A court martial
became necessary; and several of the offenders
were brought before it for trial. The punish-
ment of four Of those tried was severe, but their
offence was u very grave one--ilo glessJ than a
deliberate combination to disobey the orders of
their commanding officer. Had their sdisobedi-
ence and mutiny been passed oyer lightly, it
would have seriously affected all military subor-
dination at that post. We are too apt TO judge
of military acts by tho rules which govern us in
civil life. In the case ut Fort Constitution it
may seem hard that men should be condemned
TO punishment for a whole year for declining to
row boat. But when it is considered that the
act and its concurrent circumstances amount to
open mutiny, striking at the root of all military
and demands a stern assertion OF military rule.
Had this combinations to disobey an order
proved successful it is difficult to say how far
iusubordination would have gone, or what evil
would have resulted from such sn example to
the rest Of the command. II should be borne
in mind that whatever may be thought of the
merits of the punishment about which so much
clamor has been raised, it has been awarded by a
court martial for whose acts Capt. Judd is not
responsible.6 ..... -. *
We are happy to learn that the most obiec-
tionable part of the sentence--that OF the spiked
collar-was RENTED by the commanding gene
Tal EaA& @9 Is.
But, without further remark, we give Captain
Judd's statement of this matter in detail, belev-
ing that It will carry with it the conviction Of his
having conducted himself in the manly and hon.
orable manner which his character would au-
thorize us to expect. 49, .- d.. ab IA
Fort Constitution, Portsmouth n. H. =
Iva In November, 1850. & 49,
lSir--The recent publication of several most
abusive and infammatory articles, in certain OF
the Portsmouth papers, and which have, been
copied into many respectable journals of the
country assailing, in terms of unmeasured
scurriIty, the proceedings of general court
martial which assembled at this post in Septem.
Der last, for the trial Of four men charged with
the crime of muainy, seems to renderit proper in
justice to the gentlemen who composed that
court, to the general of division who revised and
approved its proceedings, as well as to myself
whose duty it became to carry its sentence into
effect, that should offer the following simple
statement of facts in relation to this subject.
On the Goth of July last, being in command
of this post, which had lately Joined after a
long tour of duty in Southern and New Mexico,
! had occasion to visit, in the post barge, a
neighboring island some half mile distant !; hay
ing directed crew to be detailed for this pur
pose, 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 or lounging in
circular group upon the landing above, and
within few feet of the barge. Observing that
the cOxswain appeared embarrassed and very
much cowed, asked him for his crew, and he
informed me that they were there upon the
landing, but that they had refused to enter the
boat. O Addressing these men in a calm, distinct
and rather cheerful tone, rs though not noticing
this very open demonstration of insurbordna-
tion l ordered them to take their places in the
boat. This order each and all of them most
cody, deliberately, ,oilLy and decidedly disobeyed
Approaching each in turnI then addressed them
separately, and asked them if it were possible
that they intended to refuse obedience to my
orders For some time they preserved sullen
and determined silence, remaining rs before with
their eyes east down or averted from me, and
without even exhibiting those marks of respect
which all subordinates are required and expected
to manifest towards superior officer. 3.a,1 ,i
When at last obtained an answer, it was so
evidently patched up and so far from the subject
that considered that any further parley with
them would be but trifiing with my duty, and
being only too well convinced from their logged
and determined manner, from their continued
and from a remark which had
t,cice heard enc of them make Immediately be-
fore addressed them, that they had fully and |
mutually agreed, combined and conspired with
each other tn disobey my orders and resist my
caused them to be handcuffed as
nutineers, and directed another crew to be de-,
allied. My manner throughout was calm and
lispassionate. j neither addressed them in harsh
,r abusive language, nor attempted to coerce by
orce their obedience to my order, for | felt as
ured that they had selected this occasion to as
certain how far newly promoted commander
night be trifed with; and the general discipline
# the garrison induced the belief that they were
rot alone in the attempt to set my authority at
defiance. ..... "''-f
The statement that they had been ordered to
'ow party of ladies on an excursion of pleasure
S as unquafedly false as is the assertion that
hey were sick, weak and debiitated. / did not
deem it proper, as commanding officer of an is
land post, to explain to my men the reason for
ordering my boat, nor to communicate to the
press my object in taking it. These
men were among the healthiest, most active and |
strongest men of my command, and were Sc |
lected as the best oars-men. They were not at
the time, nor had they been for some time pre-
yio,is nor were any of them for some time after
this occurrence on the sick list, which every
morning contains the names of those soldiers
who are ailing or invalid. They were tried
openly, fairly and impartinlly by court of seven
members and judge advocate (bound by solemn
oath in each case to administer justice without
"partiality, favor or affection) and every oppor-
tunity they required allowed them for defence,
the court adiourning over two days that one of
the prisoners might present a written defence.
No one appeared as special prosecutor; my
own simple narrative, under oath, being deliv-
-. - a..