The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-11
inn ot n. r;.,o, ~ :, the air pump "a new con-
ins =, sne pioson rou W hat storm.

;nr :, 4. .,..os .os :. the air pump "a new con
structony at the height CIV. ~ n;ya,icn .,.,,
That in respect to the disof> sn NJ ;re ;nnh To
fnand at sea, there seems to hass ~. lur;na IT.
calamity that long threatened the lss OF ev.' me
| on board the transport, although sat NUMBER Z.
the men were green recruits, and although iour OF
the regmenta officers had been swept into thc sea;
hurts and two more on the sick list; that there
remained bat FIVE company officers (part Of the ne
only four;) two OF the regmental staff officers (parc
Of the time bat one and one field officer for active
duty.
That Of course the commend WAS further diyor-
ganzed by the transfers from the wreck to the three
receiving vessels and the partial mixing up Of com
panes on board the latter, which under the circum-
stances, was almost unavoidable.
But the court with pain is obliged to add that
there was, from the time Of the wreck Until the
retain into port, amenblc dsorganzation at the
head OF tho command-<Dot the recult OF panic or
physical incapacity, fos General Gstes, notwith-
standing the loss Of an interesting son, seems to
have been coo and quite active on foot; but disor-
ganization resulting from fatuity crcokedness Of
mind, which, leaving him alive to his own imnie
oate wants and shose of his family, and TO the first
accidental chance OF escape, caused him - neglect
nc:rly every high duty mposci'by biz rank and the
oirennsiances-such as the amy of goinl often
among his men, to cheer and aaimate them: of.or-
gan!zng and directing their labory in put,rDic,
bailiag, and Gehtenisg the wreck of organizing al
the comla Cheers eft for dutyn including the
and other duties of regulating the transfer of ,er
sons ard supplies from fbe wreck to she bark klsy
and of regulating the labors and issues of bread ard
water on board of that vsssel-to which he was tie
First TO hasten. instead Of remaining In the steane-
to superi1tend the transfer.
The neglect of most OF these important obliga
ons on the part OF the commander, threw upon the
Junior officers, capable of p.ayscal effort aboard Of
each vessel that had Col Gates as passenger, the
necessity OF supplying his Deficiencies by sponta
neous and extraordinary services with mere or less
Of voluntary concert among Themselves. Tbas, on
the wreck, Second Lieluenants Charles S. Winder,
Van Voast, and Chandler particularly distinguished
themselves, a,d seem to have canned Just claim to
special commendation; ard Brevet Wyse also rem
dered good services on the wreck before and after
the departure of the Colonsi.
And SO again, in the Kaby, some of the junior
officers there with Col. Gates were obliged under
continued privations and ssfferiDgs to take unon
themselves many important duties VI command eor
tie common safety of all on board. In this conrcc-
tion Captain Garainer, of the GtDrsgoons, crippled
with the rheumatism, who embarked with the I'd
Artillery as passenger for California, and Second
Lientenont Van Voast seem eatitled 10 special no
tice.
The Court feels itself called upon to specify the
act of Colonel Gates in taking, against the admoni
tion OF the surgeon case OF mcases Gin his family
on boayd the San Francisco to the. great danger Of
many men, women and chi4Ten, who were fellow
pass eDgcrs and Liable to receive infection nearly
ms bad at sea the smallpox: and also, to specify
bis declaration made on board the Kilby. in respect
to extra water, that he cared noshing for his men
(witlrsn oath), and would rather twenty of them
should die than his child should suffer Cor die), when
there was no immediate danger that any one on
board would perish from thirst The court regard
the conduct Of Colonel Gates in these instances as
highly selfish and censurable.
specific accusation having been presented by
Colonel Gates against Captain Gardiner, before
mentioned, relative to the purloining Of food on
boara the bnrk kilhy, the court directed that the
witnesses should he called, as the matter came
under the orders Of the War Department insttuting
this court and Colonel Gates having further charged
the same officer with tamperng with witness sent
Tor by the Colonel to support the previous accusa-
ticD which tampering, il true, wonlt have been
high act oil coutemp towards this court and Captain
Gai diner urging an investigation, tie court directed
Colonel Gates prosecutor, to alduce the evidence
on which be had made those grave allegations.
Accordingly many witnesses have been allied and
examined ard the co;irt Is constrained to say that
the said allegations against Captain Gardiner were
entirely grorDdless, and seem to have originated in
0 spirit of gross ma,ierity. WIEF1ELD SoorT, =.
MajorCenernl and President OF the Court.
j. L. LEE. Judge Advocate.
vi. The Court of Inquiry of which Major General
Winfield Scott is President, is dissolved.
Py order of the Secretary Of War.
S. CooPER, Adjutant-Genera