The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-11
ARMY INTELLIGENCE.
Sentence OF Major Wyse-The Case Of Colonel
(satcs.
from the PostJ
GENERAL ORDERS, NO. 8.

Trom the PostJ
GENERAL ORDERS, NO. 8.
WAR DEPARTMRvT,
Adjutant-Generals Ofice,}
WASHINGTON, June 8, 1854.
LAT 6he General Court Martial which convened
an Fort Celumbss, HarSor OF New York, pursuant
to especial Orders" No. 90, of April n, 1854 from
the War Department., and Of which Brgadier Gene
raj Henry Stanton, Assistant Qaartermaster General
is president. was arra,gned and tried Breyet Major
Francis Q. Wyse, Captain Sd Artillery, on the fol-
lowing charges and specifications
CHARGE I.
OisotNdicncs of orders.
Specifesfion-In this That he, Brevet Major
Francis @. Wyse, Captain Sd Regiment Of Artillery,
panies Of bis regiment from the harbor of New
York to California, via the Isthmus cs Darien, ana
for that purpose to embark on board the steamer
Falcon, In the same harbor, On the sSth day of
April, 1854, did, on the said day, contumaciously
refuse and fail to obey said O. der.
CHARGE II.
Conduct nn6tconing an cDTcer and a gentleman.
Specification lin this j: That he, the said BreYet
Major Wyse, Captain Aforesaid, being ordered TO
embark rs aforesaid with fonr companies of his regi
uAent for distant and important service did on the
day aforesaid and just prior 10 the enbarkation OF
tfe said four companies on thu: service md without
giving time to any competent superior to substitute
anothcr o6cer of suitable rank rcinquish the said
aanmand, already greatly deficient in OFF ars, to
su,oatern OF the sam5, the false pretence that the
spaa steamer although just inspected and approved
ne,lA
MaJuT Wyse, had been duly inforued) was unsea~
worthy and did himself refuse ard fail to erabark
on the said steamer, which sailed without him,
thereby shamefnly abandoning his men to sunpos-
ed Gauyery to which he was unwilling, personally,
to- expose himself
Specification An tbs That be, the said Bee
vet Mnjcr W'yse on the ssid eighteenth Of April. a
few hours after the sailing Of the said companies on
board the said steamer, dia officially declare to Ler
tenant Colonel Thomas, Assistant Adjutant General
actache d to the General Headquarters Of the army,
on being officially nerrogated on the subject by
the said Thomas that he, she said Breyet Major
WYse, had transferred or TUNED over substantially
hut fully, to the said Brevst Major merit in rank
(First Lieutenant Loeser) in the said command the
instructions which he, the said Brevet Major, had
received for bis government in conducting the
said command to its dcstnatien--whch said deca-
ration was false.
Specification s-In this. Thst lie, the sal EBrevet
Major Wyse, did falsely state, n an official commu.
nication addressed to Colonel Cooper, Adjutantte-
neral, dated April Is, 1854, that his, the Brevet
Majors return from seven days leave of absence,
on or abou the 18th OF said month he then learned
for the first time that he was to command tire four
companies Of his regiment under orders for ta De-
partment of the Pacific whereas about the 5th of
said month, when the said Brevet Major appiisd in
person, atthe General Headquarters Of the army,
for the said leave of absence, he was informed by
Lieutenant Colonel Thomas, Assistant kdutant-
General, that he the said Brevet Major was to con-
duct the four companies to their destination.
To which charges and specifications the accused
pleaded not guilty.
FINDING AND SENTENCE or THE COURT
After mature deliberation on ai.the evidence ad-
duccd, the Court finds the accused Brevet Major
Francis o. Wyse, Captain Third, Artillery IS fol.
lows -
CHARGE 1.
Specification Guilty. and Guilty of the Charge.
CHARGE II.
First Specification Guilty.
Second SLecihcation--Not Guilty.
Third Specifcation--Not Guilty, and Not Guilty OF
the Charge.
srNTpNcr
And the Court does sentence him, Breyet MAJOR
Francis o. Wyse, Captain Third Artillery, "To be
dismissed the service"
III. The foregoing proceedings of the General
Court Martial having been laid before the President
OF the United States and by him duly examined and
considered the following his orders in the
WAR DEPARTMENT,
WASHINGTON, June ;, 1864.
The President has approved and confirmed the
edinEs and sentence OF the General Court Mar
tia in the case Of Breyet Major francis O. Wyse,
captain Of the Sd regiment OF Artillery whereby he
is sentenced to be dismissed the service for con-
tumacous disobediencc Of orders But In considera-
tion OF the unanimous recommendation to execu
tive clemency Of the officers composing the court
martial, and of the reasons on which their recon-
nendat0n is founded the President is pleased to
mitigate the sentence to suspension from rank and
command, and pay, for the period OF six calendar
months.
The department regrets to find in ttese proceed
ings reason to apprehcnd that due care and judg
ment have not In all cases been exercised In the Sc
lection Of transports for troops and in this particu
lar II does not appear that the board Of officers
appointed by the general commanding the army to
examine the steamer, made the thorough examina-
tion and inquiry which the circumstances and i'm
portance OF the case suggested and demanded.
Officers OF the quartermasters department en-.
trusted with the selection of army transports, and
military commanders charged with the embarkaton
oftroops are enoined to use in every case all prac
ticablc means to procure vessels entirely seaworhy
and proper for such service. Extreme cases may
tn~ xpht Ia urt 1a In tIA
A public exigency may require the exposure of
troops to the hazard OF an unsafe transport, and
then the justification would be found in the neces
stiles Of the occasion. But the public service re-
qures from officers not only the exercise OF due
care and Judgment to protect troops from unne
cessary exposure to such hazard-this being cor
relative to the military obligation of subordinate
to meet the danger when ordered to do 80 BY COM
These observations, though elected by the de-
velopements In this case not intended to justify
or extenuate the conduct Of Major Wyse in assurn-
ing to oppose his judgment to that OF his COM
mander, and to dis0bey positive and reiterated or
der by refusing to embark with troops, to the COM
mand Of whom he had been assigned and whose
fate 1t was his duty to share.
JEFFERSON DAVIS, Secretary of War;
III. The sentence awarded Brcyet Major Francis
o. Wyse, Captain Third artillery will be duly exc
cuteo and at the termination OF the period for which
he is suspended, he will proceed to join his company
wherever IL may then be serving.
Brqadicr General Henry Stanton is President is
dissolved.
TEroRT OF THE COURT or INQUIRY UPoN TIE LOSS
OF THE STEAMER SAN FRANCISCO, AND Iigr cDN-
DUCT OF COLONEL GATES.
" The Court Of Inquiry, instituted by Especial
Orders" No. IL, OF January %, lSii, from the War
Department whereof Major General Winfield Scott
is President and which convened in the city OF New
York on the 9th day Of February 1854, ito examine
into all the circumstances attending the embark
alton in December last, of the troops under the COM
mand Of Colonel William Gates, Third artillery, on
board the steamer San Francisco, destined for Cali
fornia the cause Of the failure OF the expedition
and OF the disorganizaton Of the command at sea,
and all other fscts and circumstances which may
concern the conduct of the commander, and OF 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 1t, Is OF opinion -
That the officers charged with the selection OF a
ha tran NJ tba Tpif al Hat