National Republican., 1883-11-16

which day he proceeded TO New York city TO
look after sending Sergt. Wall to st. Johns
20 oversee the loading Of the stores, Sergt.
Wall sailing on the Alhambra on the seventh
of June. The preparation of these orders
was therefore between Capt. Powell, as acting
chief signal officer, and Gen. Hazen, witness's
own part of IL being less than usual, for tho
reason that IL was incident 10 the transfer OF
the original work, and of necessity, he was
not present Mt all of tho interviews between
those two officers.
As to the memorandum the case was ditior-
ont On the second day of June, before the
close of Office hours. Capt. Powell sent for
witness and directed him TO prepare, for the
secretary of the navy, in readiness for him on
the opening Of business on Monday memo
randum regarding the joint corporation
between the Proteus and tho lahtlc, the
latter having been designated by the socre-
tary of tho navy fof the purposes of the eN-
petition, in accordance with request made
on the fourteenth of May.
In accordance with Capt. Powell's direc-
tions witness did, on Sunday June 3, come to
his office and studied over the case as he was
able, and drew the memorandum in question:
which the next morning he gave to Capt
Powell TO be used by him for the purpose
referred to-
The instructions were prepared in wtnoss's
division, submitted with all the Enclosures to
Gen. Hazen himself and signed by him and
delivered by him to the officer addressed.
BY the court; What induced you TO prepare
those instructions? Was thunder any instructions
from any one "A. They originated in the study
of the orders that had already been prepared.
had before me all the orders aS they were then
drnfted--tho instructions on the whole subject
and / prepared by way OF advice these instruc.
tons as what thought would be the best sch eme
that the Office could give to the secretary OF the
navy for the cooperation between these Two YES
sells to be accepted or rejected the chief signal
officer might see fit. Capt. Powell never returned
the, memOrandum 10 me, but he told me That he
had turned it over TO the chief signal officer
never saw II again. A copy OF this memorandum
was put with these instructions TO Lieut.. CARING.
ton that is. II was among the Enclosures handed
70 the general at the time when all the papers
were handed 10 him.
@. by whom was 1t placed in that package? p
A. By me.
Witness then explained that by means Of
an error of his chief clerk the memorandum,
known as the Supplemental ORDERS" had
been entered In the books Of tho Office and in
letters as Enclosure d." but the document
which should have been entered and referred
TO as Enclosure a was the charter party
VI the Protous. In the letter of instructions
to Mr.. darlington the charter party had been
referred to as Enclosure 4" and the memo-
randum had not been referred to at all. Other
wise there was no substantial difference be-
tween the orders as recorded in the permanent
books of the Office and the original copies
delivered to Lieut.. Darlington.
BY the court. Do understand you to say that
you got up nll this memorandum of your own
motion, without any instructions a No, sir. |
was ordered by Capt. Powell to prepare that mem
orandum.
Q. Embodylng his views "a No, sir. 1t merely
embodied my own views.
O. What induced you to adopt views that were
so contrary TO the views Of Lieut. Greely as given
In his letier?-A. Well, l didn't think they were
contrary.
q. Lieut. Greedy in his instructions desires that
the relief steamers shall go rs far as possible be-
fore establishing the depot.-A. Yes but Mr..
Greclys letter was written on the suppostion that
the station at Fort Couger was to be maintained
for a series of years and the object was to put in
another years supplies and replace such officers
and men of the party as had by disease or other
causes shown themselves unified for further SER
Witness then explained Lieut.. Greely's plans
and intentions at the time the letter referred to
der which the last relief expedition was sent
changed all this 1t commanded that the Lady
Franklin hay party should be recalled, and did
not regard 1t essential that the stores should 20
moth of lttleton island and be exposed to destruC-
tion, but that as n prudential matter the station
should hc established ut the most northern point
which could be reached without hazard"
q. Do you know what influenced the rejection
by the chict signal officer Of the views embodied
in that memorandum?-A. No. sir
Witness then stated that he supposed this
memorandum had been delivered to the sec
retary of the navy, and that the plan had
been or would be%irawh in conformity with
it. He submitted the memorandum also to
Lieut.. Garlirgton, and understood tho latter
to approve 1t. He (witness) was not undo.
ceived upon this point until he received Mr.
yGarlingtons dispatch of Sept. IA or 10. In
answer to an inquiry why he did not land
stores at Littleton island, hesaid that dispatch
contained the first intimation that Lieut.. Gar.
lington did not approve it, and was rs great a
surprise to witness as anything he had ever
had happen. The information about the
memorandum was given to the press by
witness. The error in tho records was
not discovered until Mr.. Garllngton's
telegram was received, stating that he
did not regard tho memorandum as a part
of his orders. On ascertaining the facts wit
ness looked up the matter afresh and gave the
opinion which he had since held that the mem.
orandum was not orders and could not be SC
construed. The law of contracts Is that an
Enclosure not mentioned in the contract itsel
forms no part of it, and the inclosure, not be
ing mentioned in the instructions themselves
ought not to be considered as part of the in
structions.
In reply to questions by Lieut.. darlington
witness emphatically reasserted his statement
had approved the memorandum. Severa
points in the memorandum were discussed be
tween them on the day of its preparation
among Others the delay which would occul
through landing stores at Littlcton island
Witness could not say that Lieut.. Darlington
Lad in terms expressed his approval, but h,
had derived that impression from the conver
sation.