National Republican. (Washington City (D.C.)) 1872-1888, 1873-04-17

his brother onlclals, and In contempt Of said au.
thority, assume to declare, and ala then and there
declare, that portions Of the duty to which no was
ordered, 70 VII, the physical exertlon and man.
| ual work incident aud necessary to the perform
ance thereof, was improper and unbecomine a
| commissioned ofiiceT, and were labeTs and din.
ties unit and unsuitable for an oicer to perform,
/ and did, when ordered to do said duty, refuse 10
I obey said order In contempt Of lawful authority,
\ and contrary TO good order, proper subordnal
ton, and discipline in the Naval service.
day Of January, A. d. eighteen hundred and sew.
enty three.
10 the Charges and Specifications the accused
pleaded mot GUILTY"
,.... FISDIsO.
On careful consideration OF the evidence, and
the law thereto applicable, the Court ind as fol-
lows, In the case OF Lieutenant Commander W.
X; Wheeler, Of the United states Navy;
The First Specification Of the First Charge not
proven the Second Specification Of the First
cnsed, VIM. X. Wheeler. Gully u de FRAT
TRs Court also ind that a.. First Specification
That the Second SPECIFICATION Of the Second
charge u proved emitting the words "and re-
qnlred 70 be performed solely by commissioned
oflcers," and emitting also the words ain CON
tempt Of said order aud in disregard OF the Com
mander-in-C Chief"
That Tie Third Specification Of n, Second
Chdrge e prorcd emitting the words ''to be done
and performed rs q confidential duty, solely by
commissioned Officers OF the Navy" and also
omlltlnR the words "and In contempt OF said
=, And the Court do adJudge the said william X.
wheeler Gully IN a Ices Degree than CHARGED.
that Z, guilty " characterization to tho prsju.
a,ce o. aisGipllne and good order, aud not guilty
And the court do therefore sentence the nc.
cusel, VIM. X. wheeler, Lieutenant Commander
Navy. ''''''"'' VT '"e
I:-In approving the findings In this case, the
I'm mi a. UaN h..
as accurate tho verbal distinctions under which
the court has endeayored to discriminate be-
tween the personal Intentions OF the officer
charged, aud the legal intendments OF his acts
Whoever deliberately dlsobeys an order given
by competent authority is In legal contempt OF
such authority, and the Court found Lieutenant
Commander Wheeler guilty OF characterization
to the prejudice OF discipline and good order.
and MT guilty Of dlsorierly conduct. they seem
to have overlooked the fact that dIsordefly con
nuct means not merely noisy and bolsterous he
havior, but includes within Its legal sgnlncatlon
whatever act strikes openly at the Organization,
OF interferes with the orderly relations OF civil
or military society. II this he true, it follows,
pf course, tina, ali characterization especially ii
v tends TO the prejudice OF discipline and good
order, IL disorherly conduct.
IL " probable, however, that the Court sought
by ths hndlnR merely TO express their Oplnlon
that the "lnsubo ordination" committed was
rather the result Of judgment mslead by feel
ing than the deliberate intentlon.of q malicious
heart. But u should be understood and remem-
bered that, In all we'll organized society, every
man Of sound mind Ia and must be assumed 10
Intend the natural and necessary consequences
OF his own deliberate acts. Without this impera-
tive legal princlple,the order Of civil society could
not be preserved; and the sanction OF military dis
olpllne and the efficiency OF all military organ
lEatlons would depend upon the personal theo-
ries and opinions, however crude, OF the lndi-
vlduals who composed them.
The finding OF the court, however, establishes
tne TACT that Lieutenant Commandor Wheeler
was guilty OF characterization" and the eyl-
dence shows that this consisted in n deliherate