Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-08-17


the department for The purpose mentioned, as the
final action had then been taken, by turning the
vessels over 10 the commissioners. and instruct
ing them as 10 their fniure disposition. II, then,
there was nothing else In the latter order showing
that the first was rescnded by H. this fact would
clearly demonstrate il. the sole reason upon
which the first was predcated was removed by
the subsequent action Of the department. and the
subsequent order issued in conformity with that
action ft&
But there are other things connected with this
second order which leave no doubt upon the minds
of the undersigned ms 10 its effect, in counter
handing and resembling the previous order of the
same date. Captain Moore in command OF
the navy AT the time of the arrival of the commits
soners in New Orleans, as the order directing HIM
10 turn over the command 10 another, was not re-
ceved previous 10 their arrival, and they uhe COM
missioners) having the authority 10 do so, and 10
take any and all the steps which they might deem
necessary in regard TO the vessels, thought proper
TO regard him in that light-to communicate with
him as such--to furnish him with the second orr
der, and TO require from him the performance Of
duties imposed by that order, on the officer in
command of the navy The undersigned there
fore, cannot view the second order in any other
light than as resembling the first one OF the same
date; and consequently. The alleged dsobedience
oil the hrst Is an assumption unsustainedDy facts,
and seems TO have been resorted 10 as an alter
thought, brought forward as an assistant prop to
support the subsequent order Of dismissal from The
service.
The fifth charge is, that Captain Moore was
guilty of "treason, in entering into compact with
the authorities of Yucetan, without the sanction
or knowledge of this Government.
Treason is defined by the Constitution. TO con-
sist in levying war against the republic, or in adj
herring 10 its enemies, giving them aid and sup
port, and il Captain Moore he guilty of this ofense,
il must be for a violation of that provision which
forbids giving the enemies oftbe republic aid and
support, for no one has pretended 10 charge him
with levying war against the republic. To deter.
mine, then whether or not he is guilty of the
charge il is necessary to ascertain what was the
position occupied by Yucaian in reference TO this
country, as well as TO Mckee, at the time the ar
rangement was entered into between Captain
Moore and Colonel Peraza at New Orleans, on
the l1th February, 1913 AT that time, and for
long time previous, n war was VIGOROUSLY known
TO exist between the State Of Yucatan and the
government of Mexico, which war was prosecu-
ted for the same purpose, and had the same end
in view, which our own country was seeking 10
accomplish, in the war which she was waging
against Mexico. Al the same time the auhori-
ties OF Yuca'an and Texas were keeping up and
encouraging the most friendly relations towards
each other, and had, on other occasions, entered
into stipu,ations, supposed to be for the mutual
benefit OF both, in the prosecution of the war
against their common enemy. These stpulatons
and agreements had been submitted 10 the Con-
gress Of this nation, and that body, far from con-
demning or disappearing ofthem, refused 10 recall
the navy, which was then at sea- and cooperating
with the forces of Yucatan, under them.
IL, then, the entering into such arrangements
with the authorities of Yucatan, be reasonable,
the former administration was guilty of that Of
tense, and the Congress, by sustaining the meas
ures of that administration in this particular, not
only conniyed al reasonable practices, but actu-
ally became participants in them, by failing 10
adopt the necessary measures toput a stop 10 their
further progress. AS a proof, however, that the
reasonable,
even by the present administration, Captain
Moore continued his operations in connexion
with the forces Of Yucatan for some time after
the present Executive came into Office, and upon
reporting his proceedings TO the department. he
was informed, under the date Of April IA, 1912.
that his proceedings were approved. In addition
this there is word in all The correspond
ence between the department and Captain Moore,
anterior 10 the time when the commissioners
were sent 10 New Orleans TO take charge Of the
vessels, which seems 10 inhbit the renewal of the
arrangement with Yucntan. while there is much
to indicate that the renewal was not only antici-
pated but desired. Besides. for the money
ceved from Yucatan under these arrangements,
Captain Moore was held 10 strict accountability
by this government and one OF The alleged grounds
for his dismissal IRON Office is, that he had not
counted for monies thus received, which would
hardly have been alleged if il bad been obtained
by treasonsbe intercourse.
But that Yucatan not considered as form
lDg any OF the Territory OF enemy. - tFl
IDENTIFY shown by the Presidents proclamation OF
blockade Of the whole coast Of The enemy, and
from which the coast OF Yucatan is excluded
Apart however, from al these considerations, the
undersigned believe there never was an instance
in civilized warfare. where two States were at
war with one common enemy, that they did moi
avail themselves, as far circumstances per
mtted OF the aid and assistance OF each other, in
damaging the common foe and this, too in most
instances, without any agreement or compact be
tween their respective governments 10 that effect
nor Is there an instance on record, within the
knowledge OF the undersigned, where belligereni
NATIONS have failed TO avail themselves Of the in
testine wars carried on in the enemy's country,
where il could be done 10 advantage. In no point
OF view, therefore, can the undersigned perceive
the propriey OF the charge Of treason against Cap
tain Moore, founded upon the arrangement en-
tered into with Colonel Persza-arrangement
which were certainly greatly TO the benefit OF this
country al that particular crisis, and which IL IL
believed, would have resulted in permanent and
lasting advantages TO the nation, had they not been
so untimey checked by The acts OF the govern.
ment, and the extraordinary proceeding resorted
TO, for the purpose OF carrying out those acts.
The sixth charge is that Captain Moore was
guilty Of mn,der, in causing 10 be executed, The
10Th Of April, 1s43 certain mutneers who had
been condemnedby a court martial. alleged 10 have
been illegally assembled after he had received an
order, issued on the 2lst OF March, lS43, suspend
ing him from the command Of the navy, ard di-
reciil him 10 report TO the Department Of War
and Marine in arrest.
On the 18th September 1912, the Department
addressed letter 10 Captsin Moore. inclosing
requision upon the Governor OF Louisiana for
the mutincers alluded 20 in this charge and then
adds Upon the delivery Of the prisoners 10 you,
or soon thereafter rs the testimony OF the wit
ncsses can be procured you will order a court
martial for their trial. in the prosecution Of which
the regulations OF the service, and the laws OF the
land, will he strictly enforced" Here, then, was
n positive order 10 convene court martial for the
trial OF these men, and 10 cause the regulations OF
the service and the laws OF the land 10 be strictly
enforced against them. These regulations and |
laws imposed upon them the penalty Of death, if
found guilty OF the ofenscs charged against them |
they were found guilty, and suffered accord |
ingy. But. il is said, the court which tried them |
was illegally assembled, az the officer ordering il |
was suspended from tho command at the time, |
and had no right 10 give the order. In The first |
place, the objection, in the opinion OF the under
signed is without force so far regards the le-
yality Of the court, because the order .or il ema-
mated from the Department Of War and Marine, |
md was only executed by the officer in command !;
md had Captain Moore, IN point of fact, been
pended from the command at the time, the person /
who superseded him would have bceu bound 10 |
:. 4 ~ -