Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-06-17
PROCEEDINGS OF MILITARY COURTS.
Court Martial in the Case of Brevet Myor Wyse.
GENERAL ORDERS, WAR DEPARTMENT,
NJ ADJUTANT GENERAL's OFFICE,
fNo. Q. W,.I.n,to, r.. 1QS1

1 NJ 9 ADJUTANT GENERALS OFFICE,
Washington, June 5, 1854.
AT the General Court Martial which convened at
Fort Columbus, harbor of New York, pursuant to pe
cial Orders No. 59 of April 90 1854, from the War De-
partmen and of which Brevet Brgader General HENRY
STANTON, Assistant Quartermasts General President
arraigned and tried Brevet Major Francis o. Wyse,
Captain Sd Artillery, the following charges and speci
6cations
CHARGE l.
Disobedience of Orders"-Specifcation "In this That
he Brevet Major Francis o. Wyse Captain Sd Regiment of
Artillery being ordered to proceed in command of four
panics of his regiment from the harbo OF New York to Cali
orna via the hmus OF Daren and for that purpose to en-
bark board the steamer Falcon in the said harbor
18th day of April 1854 did the said day. coptumaeousy
refuse and fail to obey said order"
CHARGE III.
Conduct anbsqonag officer and gsntlemaa. spscif
cation let LIN tins That he, tho said Brevet Major Wys
with four companies Of his or distant and important
service did the day aforesaid and Just prior the emba
giving time any competent superior substitute another
officer of suitable rank renquish the said command already
greatly deficient in officers subaltern Of the the
false rreence that the said steamer although just inspected
and approved by board Of superior officers of which the
said Major Wyse had been duly inormed unseaworthy
and did himself refuse and fail embark the said steamer
which sailed without him. thereby shameuly abandoning his
to supposed danger to which he unwilling person
ally to expose himself
Specification In this That he the said Brevet Ma
jor Wyse, the said eighteenth of April few hours after
the sailing Of the said companies ON board the said
did officially Lieut. COL Thomas, Assistant Adju
ant General attached the headquarters of the
being officially nerrogatcd tho subject by the said
Thomas that he the said Breve Wyse had transferred
turned substantially but fully to the said Brevet Ma
or next in rank first ieutenant in the said command the
instructions which he the said Brevet Major had received
for his Government in conducting the said command its
destination, which said declaration was false"
Specification 3D." In this That he, the said Brevet Ma
jor Wyse did falsely stae official communication adj
dressed to Colonel Cooper Aduan Genera dated April 49,
1854 that his the said Breve Majors return from
days leave absence about the 18th of the said month";
he then learned for the first time that he to command the
companies Of his regiment under orders for the Depart
ment of the Pacific whereas about the 5h said month";
when the said Bevet Major applied in person. ut the general
headquarters of the for the said leave absence he was
informed by Lieut. Col Thomas Assistant Adutant General
that he the said Brve Major conduct the four
panes to their destination .
which charges and specifications the accused pleaded
"Not Guilty
FINDINGS AND SENTENCE THE CouRT.
After deliberation all the evidence adduced
the Court finds the accused Brevet Major Francis o.
Wyse, Captain Sd Artillery, as follows:
CHARGE Disqualification guilty" and guilty of the
charge.
ton, not guilty" Sd Specification, not guilty, and not
guilt" Of the charge.
or Francis o. Wyse Captain Sd Artillery "to be dismissed
the service" e~.
1.-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 are his orders in the case:
| WAR DEPARTMENT. JUNE 3, 1854.
The President has approved confirmed the proceedings
Of the General Court Martial in the Of Bre
Major Francis wyse Captain regiment
ey whereby he is sentenced be dismissed the service
for contumacious dobedience of orders But in consdea
ton Of the unanimous Recommendation Executive cemen
Of the officers composing the court MARTIAL and of the
sons which their founded President
pleased mitigate the sentence suspension from rank
and Command and for the period six calendar months
The regrets to find in these
apprehend that due and have in all
exercised in the selection transports for troops and
this particular it does not that the board of Off
btth fha
anime the made the thorough examination and in
qury which the circumstances and Importance of tho
suggested and demanded.
Officers the Quartermastes Department entrusted with
the selection of army transports and military commanders
charged with the embarkaon of troops enoned to use in
all practicable to vessels entirely
worthy and for such service Extreme may
for which it b not possible provide public cxigency
require the troops to the hazard of unsafe
transport and then the justification would be found in the
Of the occasion But the public service requires from
officers only the exercise of due and diligence but al
Of sufficient skill and judgment protect troops from
exposure hazard this being coreavc
the military obligation Of subordinate to meet the danger
| when ordered to do by competent authority.
IL These observations though elected by the developments
this case intended justify the conduct
Major Wyse assuming to his Judgment that OF
commander and to dobey positive and reiterated order
refusing embark with troops the command Of whom
had been assigned and whose fate it his duty share
JEFFERSON DAVIS,
Secretary Of War.
IH-The sentence awarded Brevet Major Francis 0.
Wyse Captain Sd artillery will be duly executed and at
he will proceed join his company wherever it may then
be serving.
IV.-The General Court Martial Of which Brevet Bri
gadier General Henry Stanton is President is dissolved.
Court Of Inquiry an The Case Of Cot Gates
" The Court of Inquiry instituted by especial Or
ders No IT, of January 49, 1854 from the War Depart
ment whereof Major General Winfield Scott is president
and which convened in the city of New York the 9th
day of February, 1854 "to examine into all the circum
attending the embarkation in December last of
the troops under the command of Colonel William Gates,
Sd artillery board the steamer San Francisco destn
ed California; the of the failure of the exped
ton and Of the dsorganization of the command at
and all other facts and circumstances which may
the conduct of the commander and of the officers
The Court, full review of all the evidence taken in
the before it, is of opinion
That the officers charged with the selection of vessel
the United States 81 regiment of
tlcry port of New York to ports in California had
every ground Of reasonable that the
Francisco, selected by thm, good and sufficient trans
port for that purpose;
THAT embarkatou of the regiment board the
orderly practicable considering the
sary intermediate agency small tug between
ernors Island and the transport;
THAT the troops have been reasonably distributed
for quarters lodgings, among the different the
transport although, under combination of expected
events four officers and about hundred and
officers and from those assigned
the upper deck washed overheard and the
of the wreck; .s. .
That the failure Of the expedition wreck of the
port when but SEQ, caused by storm of