Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-01
OBSTRUCTION OF TrR vgResNEA

1
Charges and Specifications Of Charges AgaiHs
Captain JOSIAH TotHaLL, Of tss COAJedsTat
States Macy. ..
CHARGE 1.
/ Culpable destruction Of an armed steamer o.
the Confederate States navy.
Speculation EtrSt-In this that the said Cap
tain Josiah Tatnall, on the 11th day Of Hay
eighteen hundred and sixty-two, culpably, and
| without sufficient reason fer so doing, did de.
sfrOy, by FIRE, the Confederate steamer Virginia
il Hampton Roads, near Norfolk, Virginia,
Specification SecOad.-In this, that the said
Captain Josiah Tatnall, on the said 11th day oi
May, 1862, at Hampton Roads, near Norfolk
Virginia, did culpably destroy the said steamer
Virginia, when with the draft to which she had
bgen then and there, or might have been reduced
she could have been carried up James river to a
| pace Of usefulness, fres from Immediate danger
CHARGE H--EEGLIGENCE.
Specification FirSt.-Iu this, that the said
| Captain Josiah Tatnsll, on the said llth day OF
May, 1862, at said Hampton Roads, did pro
coed to tighten the said steamer Virginia, for
the purpose of taking her up James riveS, re-
tanning, however, her armament, ordinance
stores, necessary coal, water and provisions
without first having ascertained from sources OF
Information within his reach, to what extent
1 tie draft of the said steamer would be reduced
| by such tightening.
Specification Second In this that the said Capt
JOSIAH TatnAll, after having lightened the said
s.esTner Virginia to a certain draft, on the said
/ 1ltA day efs May, 1862, 81 said hampton Roads,
then and there and before said time, neglected
and failed to ASCERTAIN, from sources within his
reach, the fact that the said steasner at said
draft, could have been carried about forty miles
above the mouth of James river to Hog Island.
CHARGE HI.-IMPROYIDENT CONDUCT.
Specification this that the said Capt Jo-
| siah Tstnall, on or about the 11th day of May,
| 1862, when off Sswelrs Point, in Hampton
Roads, intending to take the said steamer Vir-
| gnia up James river, did then and there pro-
cesd to tighten said steamer, instead of taking
| her up said James river, and there tightening
her, when the necessity for so doing arose, and
to the extent of that necessity.
The statement of the parties being thus in
possession of the court, the court was cleared for
| deliberation, and having mstUrely considered
the evidence adduced, fod as follows:
That the first specification Of the frst charge
| is not proved.
! That the second specification Of the first
| charge is not proved.
And that the accused is not guilty of the first
charge.
That the first specification of tho second charge
is not proved.
That the second specification of the second
charge is not proved.
And that the accused is not guilty Of the sec
ond charge.
That the specification of the third charge is
proved.
And that the accused is not guilty of the
| third charge.
The court do further find that the accused had
while in command of the Virginia, and previous
to the evacuation of Norfolk thrown down the
gage Of battle to the, enemy's feet in Hampton
Roads, and that the enemy had declined to take
it up-that the day before Norfolk was evacua-
ted, consultation, at the instance of the SecTe-
retary of the Navy, was held by joint commits
sion OF navy and army officers, as to the best
| disposition to be made of the ship-that the Gc-
cused was in favor of passing Fortress Monroe,
and taking the ship into York river, or, of rua-
ming down before Savannah with her-lhat in
this he was over-Tuled by the council who advised
that she should remain on this side of Fortress
Monroe for the protection of Norfolk aud Rich
mond, and that, in accordance with this advice,
! he proceeded to regulate ker movements-that
after the evacuation Of Norfolk, West0ver, on
James river, became the most suitable position
for her to Occupy-that while in the act Of light
ening her for the purpose of taking her up to
that point, the pilots for the first tins declared
their inability to take her up, even though her
eighteen feet-that by the evacuation Of Nor
folk and the abandonment of our forts below
Westover, both banks of the James river below
that point were virtually given up to the enemy
that the ship being thus cut off from Norfolk
and Richmond, was deprived of all outward
| sources Of supply, save those of the most pre-
cariOus and uncertain chaTaCteT-that her store
of provisions would not last for more than three
weeks-that when hghtened she was made vul-
lvnar An ha n02-- = h Il
after having been lighiened there were no avail
able means of briRging her down to her proper
draft and fighting TRIM aud that she had but two
email boats, each capable of landing not mere
than fifteen OF eighteen men at q time, even in
smooth water Such being the fact and circum-
stances under the influence of which the "Vir-
ginia" found herself after the evacuation of Nor
folk, it was, in the opinion of the court, only
necessary for the enemy to continue 20 refuse
battle, IS he had done sincs il was first offered
by Captain Tatnau early in April, and thence
forward to keep strict watch about the "ViT-
ginia," in order, when her provisions were ex-
hausted, to make her his prizs and the crew his
prisoners.
Being thus situated, the only alternative in
the opinion of the court was to abandon and
burn the ship, then and there, which, in the
judgment Of the court, was deliberately and
wisely done by order of the accused
Wherefore, the court do award to the said
Captain Josiah Tatnall an honorable acquittal
L. ROsSEAU, Captain.
FRANK BUCHANAN, Captain.
J. N HOLLINs, Captain.
ROBERT G. ROBB Commander
N MASON, Commander.
EBEN FARRAND Commander
A. B. FAIRFAX, Commander.
d. T. MAURY, Commander
GEORGE MINOR, Commander.
WSI. L. MAURY, Lieutenant.
Il. B. PEGRAM, Lieutenant
ROBERT OULD, Jddge Advocate.
The court then adjourned until morning, at
10 o'clock. L. ROSSEAU,
Captain and President.
ROBERT OULD. Judge Advocate.