Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-06-13
Court Martial In the Case Of Breyet Major
Wyse.

VysCs
GENERAL c,rn,,. Wan DrAarxEsr,
No ApJuTArT GESERAL's OrRioE,
Washington, juno 8, 1854.
lat the General Court Martial which con-
vened at Fort Columbus, harbor of New York,
pursuant to Especial ORDERS" No, 50, of April
%, 1854, from the War Department, and of
which Brevet Brigadier General Henry STAN
ton, assistant quartermaster general, is pres-
dent was arraigned and tried Breyet Major
Francis 0. Wyse, captain third artillery, on the
charges and specifications
CHARGE /.
I" Diso5edience of Ordsrsn-Specifcatio "In
this: That he brevet Major Francis o. Wyse, cap
coed in command OF four companies of his regi-
ment from the harbor of New York TO California,
via the lsthmus of Darien, and for that purpose
embark on board the steamer Falcon, in the said
harbor, on the 18th day of April, 1854, did, on the
said day, contumaciously refuse and fail TO obey
said order"
CHARGE III.
"Condna unbeeonsing an officer and a gentle
1st: Z" In this: That he. the
said Brevet Major Wyse, captain as aforesaid, be-
ing ordered 10 embark as aforesaid with four CON-
panies Of his regiment for distant and important
service, did the day aforesaid, and just prior 10
the embarkation of the said four companies on
that service, and without giving time 10 any com
petent superior to substitute another officer OF
suitable rank, relinquish the said command, al
ready greatly deficient in officers, 10 subaltern OF
the same, on the false pretence that the said
steamer, although just inspected and approved by
board Of superior officers, (of which he, the said
Major Wyse, had been duly informed) was unsea-
worthy; and did himself refuse and fail to embark
on the said steamer, which sailed without him,
thereby shamefully abandoning his men to sup
posed danger TO which he was unwilling person
ally, TO expose himself"
Specification Cd" In this: That he the said
Brevet Major Wyse, on the said eighteenth of
April, few hours after the sailing of the said
companies on board the said steamer, did officially
declare 10 Lieutenant Colonel Thomas, assistant
adjutcnt general, attached 10 the general head
quarters of the army, on being officially interro-
gated on the subject by the said Thomas, that he,
the said Brevet Major Wyse, had transferred or
turned over substantially, but fully, to the said
brevet major next in rank first Heutenant in the
said command, the instructions which he the said
brevet major, had received for his own govern
ment in conducting the said command to its desti-
nation, which said declaration was false.
Specification 3D." In this: That he, the said
Brevet Major Wyse did falsely state, in official
juiant general, dated April Is, 1854, that on his,
the said brevet majors, return from seven days
leave of absence, on about the 18th Of the said
month, he then learned for the first time that he
was 10 command the four companies of his regi.
ncnt under orders for the department of the Paci-
ic; whereas about the 9Th of said month, when
the said brevet major applied in person. at the gen.
eral headquarters Of the army for the said leave
of absence, he was informed by Lieutenant Colo
mel Thomas, assistant adjutant general, that he,
the said brevet major, was TO conduct the four
companies TO their destination
To which charges and specifications the 40
cused pleaded "not guilty"
FINDINGS AND SENTENCE OF THE COURT.
After mature deliberation on all the evidence
adduced, the court finds the accused Brevet
Major Francis 0. Wyse, captain Sd artillery, as
follows.
CHARGE I.-Specifcation: aguilty," and s'guilty"
of the charge.
CHArGE lI-1st Specification, not guilty" I'd
Specification, not guilty" Sd Specification,
g not guilty." and mot gully" of the charge.
Brevet Major Francis 0. Wyse, Captain Sd Art-
lery, "to be dismissed the service"
1.-THE foregoing proceedings of the Gen.
eral Court Martial having been laid before the
President of the United States and by him duly
examined and considered, the following are his
orders in the case:
WAR DEPARTMENT, June 3, 1854.
The President has approved and confirmed the
proceedings and sentence of the General Court
Martial in the Of Brevet Major Francis o.
Wyse, Captain Of the Sd regiment OF artillery,
whereby he is sentenced to be dismissed the ser
vice for a contumacious disohedience of orders.
But, in consideration of the unanimous recon-
mendation 10 Executive clemency Of the officers
composing the court martial, and of The reasons
on which their Recommendation is founded, the
President is pleased to mitigate the sentence 10
suspension from rank and command and pay for
the period of six calendar months.
The Department reQretS TO find in these DrO-
ceedngs reason to apprehend that due care and
judgment have not in all cases been exercised in
the selection of transports for troops and in this
particular case il does not appear that the board
of officers appointed by the General commanding
the army to examine the steamer made the thor
ough examination and inquiry which the circum-
stances and importance ofthe case suggested and
demanded.
Officers ofthe Quartermaster's Department en-
trusted with the selection Of army transports and
military commanders charged with the embarka-
ton OF troops, are enJoined to use in every case
all practicable means to secure vessels entirely
seaworthy and proper for such service. Extreme
cases may occur for which il is not possible to
provide. A public exigency may require the ex-
posure OF troops to the hazard of an unsafe
port, and then the justification would be found in
the necessities Of the occasion. But the public
service requires from officers not only the exer-
else of due care and diligence, but also Of sufi-
cient skill and judgment 10 protect troops from an
unnecessary exposure to such hazard this being
correatve TO the military obligation of subordi-
nate 10 meet the danger when ordered to do so by
competent authority.
These observations, though elected by the de-
velopments in this case, are not intended to justify
or extenuaie the conduct Of Major Wyse in as
Stunning to oppose his judgment tothat Of his COM
mander, and to d:sobdy positive and reiterated
order by refusing 10 embark with troops to the
command of whom he had been assigned, and
whose fate it was his duty TO share.
JEFFERSON DAVIS
Secl etary Of War
III-The sentence awarded Brevet Major
Francis 0. Wyse, captain Sd artillery, will be
duly executed, and at the termination of the
period for which he is suspended he will pro-
coed to join his company wherever it may then
be serving.
IV.-The general court martial of which
Brevet Brigadier General Stanton is President
is dissolved.
Court of Inquiry in the Case of Col. Gates.
V. The court Of inquiry instituted by Spe
cial Orders" No. II, of January %, 1854,
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 embarkation,
in December last, Of the troops under the COM
mand of Colonel William Gates, Sd artillery,