New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-06-12

. SnccieI Ordrr, No. 20. Of April 2e I5i from the War
Department and Of which BFesGieF-''eneral Henry
Stanton Assistant Quarernaser-(i enern Is President.
was arragned and tried Brevef Major Francis o. Wyse,
Captain 80 Artillery the following charges and peei-
fcations:
D,sObeG1erce Of Orders.
SDec fcaf,opIn this That he Brevet-M ajor Francis
O. Wvse Captain Sd Regiment OF Artillery, being ordered
TO utoceed in command of four Companies of las Resi
meit from the Harbor OF NewYork to California Via the
Istlmu of Daren and for that purpose 10 embark on
hoard tie steamer Falcon in the harbOr the 18th
day Of April s54. did. the aid day, cOniunacl0usly
refuse and fail TO obey said order.
CHARGE II.
Condpct unJecom5Hg oDfccr dnd a gentleman.
Specification In this That lie, the said Brevet-Major
Wyse Captain aforesaid being ordered to embark as
aorea aid with four companies Of his regiment Tor distant
and important service did the day aforesaid and just
prior 10 the ombarkaOn OF the said four companies on
that service without giving time To any competent SUI
peror 10 substitute another officer OF suitable rank rei
aush the said command already greatly dehcien; IN o
GERS Ia subalton of the same the false preense tha
the steamer although just inspected ami approved by
board of superior officers of which he the SAID Major
Wyse had been duly informed unseaworthy; and
did himself refuse and fail to embark on the sait steamer
which sailed without him, thereby shameily abandoning
his men 10 supposed danger to when he was un"lIhS
personally to expose himself
S1scfcGfOn I'm this: That he the said BrcveM I)r
Wyse on the said eighteenth of April few hours aer
the sailing the said compan board the SAID steamer
did officially declare To Lieut. Colonel Thomas Assistant
Acknowledgement attached 10 the General Headquarters
of The ANY, icing officially Intercepted on the subject
bv the saa Thomas that he the said Brevet-MaOr Wyse,
had transferred turned over substantially, but fully to
the said BreveMaor next in rank Loo-
serl in the said command the instructions winch ne the
said sjor had received for his government IN
conducting the said command to Its destlnation-which
declaration war false.
S1r6cahon 3-In this That he, the said Brevet-Maor
Wyse did falsely state in official communication ad-
dressed Col Cooper Adjutantenera, dated April L.
1854 that his the Breyei Majors return from seven
DAYS leave absence, about the 18th OF sad MONTH
he then learned the first time that he to command
the companies of his regiment under orders for the
Department Pacific whereas about the 9TH OF said
month when the said BrevetMsjor applied in person, at
the General Headquarters OF the army for the SAID leave
of absence he informed by Lieut. Col Thomas, As
sistant- Adiuanen that he, the sad Brevet MAJOR
was 10 conduct the four companies to their destination
To which charges and specifications the accused pleaded
not guilty.
After mature deiberaton all the evidence aiduccd
the Court finds the accused Brevet Major Francis o.
Wyse Captain Third Artillery as follows:
CHARGE l.
ecfeation-Gslty and Guilty of the Charge.
Frst Specifcaton-Not Guilty.
Second Specifcaon-Not Guilty
Third Specfcation-No Not Guilty, and Not Guilty OF the
Charge.
And the Court does him, Brevet Major Frames
o. Wyse Captain Third Artillery, To be dismissed the
" service
H. The foregoing proceedings of the General Court
Martial having been laid before the President OF the oh
ted States and by him duly examined and considered the
following are his orders III the case
WAR DEPARTMENT, WASHINGTON. June 3, 1854.
The President has approved and confirmed the proceed
ngs and of the General Court MARTIAL III me case
of Maor Francis o. Wyse, Captain Of the Sd ke
of Artillery whereby he is sentenced 10 be dismissed
the service cOntumacious disObedenoe OF orsrs But
in consideration of the unanimous recommendation to tx
ecutve cemency the officers composing The Court Mar
tia and OF the reasons which their accommodation
founded the President is pleased to mitigate the sentence
to suspension from rank and command ana pay or the
period of six calendar months.
The Department regrets to find IN these proceedings rea-
son to apprehend that due and Judgment have MOI IA
ailf-fRU nj
troops ana in this particular II does not appear tha
the board Of officers appointed by the General comnani
ING the examine the steamer made the thorough
examination and inquiry which the circumstances ana I'M
poriance Of the case suggested and demanded.
Officers of the Quartermasers department intrusted
with the selection of army transports and military Sph-
manders charged with the embarkaton OF troops are
oned 10 use every all practicable means 10 pro-
cure vessels entirely seaworthy and proper Tor such ser
vice Extreme may for which II il not posi-
bic provide. public exigency may require 'he e4,
posure troops the hazard OF an unsafe transport ana
then the justification would be found in the necessities OF
the But the public service from officers
not only the exercise of due care anu Judgment 10 protect
troops from unnecessary exposure to such hazard
this being corelave To the military obligation oil sub
ordinate meet the danger when ordered 70 90 80 p cO
peiont authority.
These atoms though cited by the developments
in this case are not ntend.. justly or ex' nua'e The
conduct OF Major Wye in s-rnHne % oppose us jug
ment that of his commanle and 10 a,s'tey positive
and reiterated order by f'ng 10 e ARK win Troops 70
the command of whom he he'd been assiShed 1hu "HoSo
JEFFERSON a :. Secretary - W
Ill The sentence awarded Breyet-MajOr Faces o.
Wyse Captain Third Artillery WI be y e1ecufe' ana
at the termination OF the period fo- weh ne sus-
pended he will proceed TO JON his comp ~ here'ef II
IL. The General Court Martial of which l. get Briga-
dierGeneral Henry Stanton is President Is dissolved
REPORT % THE INQUIRY UPoS TIE Los. VI THE
STEAMER SAN FRANCISCO, AsD The ooSDUcr Oh COL
Y The Court of Inquiry instituted by Special Or
n of
ment whereof Winfield Scott Is President
and which convened in the city OF Newlork on the ON
day of February 1854 to examine into all the crcuu,
stances attending the embark alton In December last oil
1.-The troops under the mand OF Colonel ian oaes
Third Artillery, board the steamer San Francisco des
fined for California the OF the failure Of the eXpedl
ton and of the Reorganization Of the command al sea-
and all other facts and circumstances which may concern
m, conduct of the commander, and "a the officers and
men of the command, has submitted the following
REPORT.
The Court ON full review Of all the evidence taken in
the cases before il, is OF opinion;
That the officers charged with the selection OF yessei
for the of the United States bird Regiment
of Artillery from the port of Newiork to ports IN Cali
forna had every ground reasonable assurance that the
steamer Francisco, selected by ten was good Gnu
sufficient transport for that purpose -, g.,
That the embarkaton Of the regiment on board the said
steamer orderly as prscneate considering the
.ee.sary intermediate agency OF small steam tug De-
tween Governor Island and the transport. .
Tb, the troops seem to have been reasonably distributed
for quarters or lodgings among the different parts OF the
transport although Under com nson OF mosi une1,
pect.d events four officers ana about one anu
FIVE non-commissioned oincers ana n'h rom oe
assigned 10 the upper Geek, "er' "aShou o''- ~
lost nj the time of the wreck. -.
That the failure Of the expedition % wreck OF me trans
mort when but few days at sea "as caused oy Storm
af extraordinary violence and the breaking OF inc piston
d =, ,ba a;rnump ia new construction al the hight OF
that storm. ,.;.; nj, ~ c,,or,.,8
-, es ,bere seems 10 have been no characterization or
.spce of authority during the calamity that sng
threatened the Of every life on board the transport