The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-10-04


stand no chance in 1872
There having been some discussion in the
court martial in the case of thetral of Surgeon
Green of the Navy for disobedience of orders,
we publish below the official order of the Sec
rotary of the Navy opposing the findings OF
the Court. -a4
NAVY DEPARTMENT.,
Warrington, Sept. II, 1862
General Order, No. 140.
1. At a Naval General Court Martial con
vened at the Washington Navy Yard, August
10, 1869, by order Of the Secretary Of the Navy
dated July 26, 1869, of which Court Captain
FL. X. Davenport, U. s. N, was President,
was tried .'l
Passed Assistant Surgeon Charles L, Green.
y; y. N, upon the following charges and spe-
cifcatiOns: i-'s
CHARGE Treating ,ciM contempt his sl-
perior officer ichile in the execution of his Office
Specitcdtion.-In this: that on or about the
first day of February, 1869, on board the u 8.
ship Nipsic, in the harbor Of Aspinwall, Uni
ted States of Colombia, the said Passed Assis-
tant Surgeon Green, having been ordered by
his commanding officer, Lieutenant Comman-
der Thomas o. Selfridge, to take John Sim
mons, ordinary seaman, off the sick list, did
dissent from the said order, and the order hav-
ing been repeated to him, did make no reply,
the authority OF his commanding officer.
CHARGE 1Ica"Disobeving a Mrfaa order of
his superior officer" 'i5
Specifcation.-In this: that at the time and
place set forth in the specification of the first
of these charges, the said Passed Assistant
Surgeon Charles l.. Green, having been order
cd by his commanding officer, Lieutenant
Commander Thomas o. Selfridge, to take John
Simmons, ordinary seaman, off the sick list
did positively refuse to obey the said order,
saying he did not consider it legal order
CHARGE III.-"Coaduct un5ecoming an officer"
Specifcation.-In this: that on or about the
fourth day of March, 1869, at the town of As
pinwall, United Rtates Of Columbia, the said
Passed Assistant Surgeon Charles L. Green,
was intoxicated, OF under the influence of in
toxicating liquors, and did so exhibit himself
and behave IN manner unbecoming an officer
in place Of public resort in the said town.
To each of these charges and specificatiOns
the accused pleaded Not guilty"
FINDING.
The Court, "after full and mature delibera-
tion," found 'the said Charles l.. Green, Pass
ed Assistant Surgeon, U. s. NJ the accused,
as follows:
OF specification of the list chorgc, proven
OF charge LIST, guilty.
VI specification of the ID charge, proven.
OF charge I'd, guilty.
Of specification Of the Sd charge, not proven.
Ut charge Sd, not st Guilty;
The Court thereupon sentence the accused
as foiows
ITO be suspended from rank on furlouch
pay for the term Of two years, and to be pub
licly reprimandedsby the Honorable Secreta ry
OF the Navy; the order reprimanding him to
be read to the officers and men of each naval
station, and vessel in commission. ----
III. On examination of The evidence in this
case, it appears
That on the morning of February list, 1869,
the accused, Passed Assistant Surgeon Chds
L. Green was ordered by 1t. Commander T. o.
Selfridge, the commanding officer of the U.
5. y. Nipsic, to which the accused was at
tached, to take off the pinnacle list the name
of John Simmons, an ordinary seaman of
said ship, who by reason of the continuance of
his name on said list, was entirely excused
from duty. The crew of the ship being small
her working had been seriously crippled by
reason of the number of men on the sick list,
and the seaman referred to, was, by the ad-
mission of the accused, able to do light duty.
On receiving this positive order, the accused
retired without refusing to obey. and the COM
manding officer rested, during the day, under
the impression that it had been complied with.
In the afternoon of the same day, however
finding that this was not the case, he sent fox
the accused to the shore, whittier he had gone
without obeying the order previously given
him, and on his arrival the Commanding off,
Ger explicitly repeated the order. The accused
then, for the first time alleging as a reason,
that he could not conscientiOusly obey said Or
der. He was thereupon ordered to consider
himself under arrest, and the original order
was given to, and obeyed by, another officer
On this state of facts, for not obeying, and
for refusing to obey said order, the Court found
the accused guilty of treating with contempt
his superior officer whilst in the execution OF
his Office, and "ofsdisobeying lawful order
OF his superior officer" and sentenced him as
above recited. 7i e5
The finding of the Court is approved. Obe-
dience to the orders of superior authority is
the first and plainest duty of all officers, from
which no one, of any class, is, or can be, ex-
empted.
Authority cannot, of course, control the
mind, nor require false expression of either
personal, or professional opinion and disobe-
dience may be sometimes excused by the man
Hest illegality, enormity, or folly, which would
result directly from the execution of an order
but the general rule Of obedience is qualified
only 20 thisIeKtent, and cannot with safety be
relaxed beyond it.
In this case tbs accused, Passed Assistant
Surgeon Green, was directed not to declare
any false opinion, nor to inflict on any indiyid-
ual any act of false practice In his profession,
but merely to take the name off of list made
by him and under his immediate supervision;
10 do by order of his commanding officer, a
spec!hc act, the only result of which was clear
~ within the authority of the officer giving the
sponsibility.
10 report the condition of the crew is the
GUY OF the medical officer, but the ,excusing,
on ms report, is, in truth, an executive act, to
De done or omitted by the authority and ON the
responsibility of the commander.
line accused retained his right to remon
strate; to continue his treatment and record
of the case; to enter his respectful protest on
hi, journal; to report to the Department and
to prefer charges for unnecessary hardship and
wrong; but it remained with the responsibie
commander alone, to determine what duty.
what exposure of life if need be, the interests
or exigency of the service required, from each
of the officers and crew of his ship. No class
of officers are solely responsible for the safety
and well-being of the ships company. To
each are assigned professional duties with ap-
propriate responsibilities. But as no officer
would be justified in refusing, in time of dam
ger. TO execute an order involving unreserved
exposure Of life, so none are authorized, at
t my .l!ne, 70 lnterpose their judgment between
tne eAlgencles of the service and the RESPONSE
t p.ru.y ~ me commanding officer. He is in
trusted with the purposes and orders of the
government; to his care are committed nnder
strict accountability, the shin and her com
pany, and he is responsible for the acomnisb.
ment of the purpose for which she i, con-
,!missioned, her safety in danger, and eficie5cv
IN p