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

the schooners San Bernard aud San Antonio, the
writer adds: Ii il is impossible 10 fit out the Two
remaining vessels for efficient service, they had
much better be in Galveston harbor than in for
eign port With The hope. however, that some
kind fortune may have enabled you TO accomplish
yonr purpose, have &c.
The order Of 10th November, is merely refer
ence TO the two former letters of November 3 and
October 30, with directions 10 carry out the in
structions previously given. What these instruc-
tons were, the undersigned have already shown !;
and as these three letters contain all the matters
embraced in the second charge, the committee
have no hesitation in saying, that they do not, in
their opinion, sustain il. III ~ Nk
In reference 10 the third charge Of disobedience
Of orders, in refusing TO repair TO Washington, Hnd
report, in person, 10 the Department Of War and
Marine, the undersigned would not have regarded
the fnnctionary making il intending TO be
rious, had il not been connected with other mat
tiers of such grave and serious import. The order
of December 2, 1872 simply directs Capt Moore,
when he shall have arrived at Galveston, and pre-
pared his returns TO proceed TO this place. and re-
port TO the Department in person Previous 10
writing this order, the Department had been Inc
formed that Captain Moore, from causes beyond
his CONTROL could not then return with the vessels
10 Galveston, and that he was still making efforts
to prepare for the contemplated cruise on the gulf
IA compliance with il, therefore, depended upon
the same contingencies attached 10 the preced-
ing orders from the Department, for the return Of
the vessels 10 Galveston; and as proof that IL
was SO regarded at the Department, when It was
given, there is no time specified in il for COM
pliance with H. but simply directs the duties TO be
performed after Captain Moore shall have returned
TO Galveston. In fact, it is not an order 10 Gal
weston with the vessels at all, but an order pre-
scrbng the course for him to pursue after his ar
rivalat that port, which depended npon con-
tingencies well known TO the Department at the
time il was given. The order Of January 2, 1913,
which is the only other evidence relied upon 10
sustain the third charge, like all those which pre-
coded it, directs nothing positively. II speaks Of
all expectations, founded upon the appropriation
made at the extra session of Congress, for naval
purposes, as being certain 10 end in disappoint
ment as il was subject TO such contingencies
10 render il a dead letter upon the statute-book ;
and after expressing the regrets OF the President
at the inadequacy Of the appropriationsto sustain
the Navy, it directs that Captain Moore will, il
practicable, in, conformity with previous orders,
report at Galveston.
The undersigned believe that they have already
shown that, by the previous orders, Captain Moore
was only required TO report at Galveston, in the
event Of his being unable to get to sea, upon the
cruise which had been previously ordered, and
which, at no time, seems 10 have been finally aban-
doned; and also in the event of his being able 10
bring the vessels to Galveston provided he should
not be able 10 get 10 for the cruise This or
der was, therefore, subject all the contingencies
which attached to the preceding orders, upon the
same subject; and was TO be obeyed or not, as cir
cumstaHces might dictate-having in view those
coming agencies.
Inreivrence 10 the appropriations made for naval
purposes by the act of July %, 1912, The non-ap-
pication OF which seems 10 have caused all the
embarrassments under which Captain Moore la
bored in getting the vessels 10 sea- either for the
contemplated cruise. or for their return 10 Calves
ton the undersigned can perceive no such difficult
ties or contingencies, as are spoken ofby The Sec
retary of War and Marine; nor can they imagine
why the act making the appropriations should be
rRuar Ia a nd laft he Of n %
The first section OF that act appropriates 10000
" for the outfit and provisioning of the navy now
i'll The employ of the government" and that the
amount be paid out OF The first money in the
treasury, or at the disposition of the executive"
When II IS borne in mind that al the time this ap
preparation made, il believed that the
President had already contracted for the loan OF
Sl00J,00O; and that, al the same time, other ex-
traordnary resources were placed IN his hands Tor
raising money, by the unlimited and unrestricted
sale Of four hundred thousand acres of the Cher
okee lands, j seems, 10 the undersigned, that the
Congress manifested an unusual degree of solicit
tude 10 provide for the prompt and certain payment
and application OF this appropriation for they not
only provided for il in the ordinary way by direct
ing il 10 be paid ont Of the first money in the
ury, but they went further by directing in addition
that il should be paid out of the first moneynt the
disposition OF the executive, evidently intending
thereby, that If the executive should come into
possession OF money, either by loan or the sale OF
the treasury TO meet the appropriation, that then
the appropriation should be paid out OF that money,
before any part Of Il was applied TO any other pur
pose.
The second section of the act appropriates
S57G59 so for the pay then due the officers,
men, and marines, and for their prospective pay
for the ensuing six months, and directed that,
should prizes be made, or contributions be levied,
by the navy, they should be applied 10 the pay
ment Of these appropriations for the officers, sea-
men, and marines Of the navy. The third section
provides "that no part of the sum thus appro-
priated shall be paid over 10 any commander or
disbursing officer for his serrices prize moncy
until lie shall have rendered 10 the proper depart.
menl full account Of all moneys before received
and disbursed and provides, further, THAT the
amount appropriated for back pay shall be first
ascertained TO be due for services rendered in the
naval service OF the government, according 10 the
laws IN existence AT the time Of the service"
These provisos contain all the restrictions or con-
tingencies which nre found in the act; and IL will
readily be perceived that neither Of them apply. in
the slightest degree, 10 the appropriation Of S25,
600 for the OUTFIT and provisioning the navy.
provided for in the first section OF the net. The
undersigned, therefore, believe that this appro-
priaiion withheld in violation Of law, and that
the Withholding Of IL was the sole cause Of the
difficulties which prevented the navy from pro.
ceeding TO sea on the contemplated cruise, and
which afterwards put il out of the power Of the
commanding officer 10 bring the vessels 10 Calves
ton; and as that officer was thus prevented from
obeying the instructions Of the department by IT'S
orn acts, they cannot perceive how he can be held
obnoxious 20 the charge ofdisobedience OF ORDERS"
which order il was impossible 10 obey.
The fourth charge made against Captain Moore,
as afording the groundwork for his dismis.
sal from the service, is, that he disobeyed
perpmptory order, issued on the 22d January.
1919 requiring him 10 leave the ship Austin and
brig Wharton under the command OF the senior
officer present and repair 10 this place, washing
toni and report TO the department ia person, as
his presence was necessary nj the seat OF govern
ment before final action is taken upon a secret
act OF Congress with regard TO the navy On the
same day upon which this order was issued, (the
2ld January lS43) another order was issued,
directed TO Commander Lothrop, or officer in
command Of the navy" directing him 10 report
the condition OF the vessels. &c, under his COM
mand, ato William Bryan. Samuel NJ Williams,
and James Morgan, who have been commissioned
by the President carryinto effect secret act Of
Congress with regard 10 the navy" and 10 act
urdsr, and be sKIjeet to- the orders IF said COMMITS
sio,ers, or any tfro Of fhrDs, until further orders
are received from the department" The order
directed 10 Captain Moore, BY name was not re-
ceived by him until after the arrival Of the COM
rnissoners nj New Orleans, who had been charged
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