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C 0002 [Note: Some later numbers are missing.]
Volume X Number 21 (May 21, 1840)“NAVAL GENERAL COURT MARTIAL“At Philadelphia “TRIAL OF COMMODORE ELLIOTT.“Monday, May 11, 1840. The court ordered for the trial of Comm. Elliott and others of the navy, met this morning at 10 o’clock, pursuant to adjournment of Saturday. The court, for the first time during its sitting, was full; Captain Charles W. Morgan, having but just arrived in the city, took his seat at the board. “The trial of Lieut. Charles H. McBlair having terminated on Saturday, Com. Elliott, with his counsel, the Hon. George M. Dallas, appeared and avowed themselves ready to proceed in the trial. “The Judge Advocate read the warrant convening the court martial, and in form asked of the accused if he had any objections to make to the court, or any of its members. The commodore rose and answered ‘No.’ The usual oath the then administered to Com. Jones, and afterwards to the other members of the court; and then by the President to the Judge Advocate. The charges and specifications were then read, the first of which is cruelty and unofficer-like conduct to Passed Midshipman {Charles Crillon} Barton, in the Mediterranean, in November 1835 -- the removal of Barton, when wounded, from the ‘Constitution’ to the ‘Shark,’ and afterwards setting him, the said Barton, on shore without funds. Also with threats and menaces, and other unofficer-like conduct to Lt. Hunter on a race-course. With shameful and disgraceful conduct in having inscribed upon a service of plate a compliment to himself, when in fact but one piece was presented by a part of the crew of the ship Constitution, and not by ‘the crew,’ as represented by the inscription—with sacrificing the comfort and convenience of the crew of the Constitution by bringing home twenty-two horses, jacks, jennies, and colts, for his own private use and benefit. In not using his influence in suppressing a mutiny on board his ship. In whipping with a cat-o’-nine-tails contrary to the rules and regulations of the navy, to wit: twenty-four lashes, when but twelve are permitted. In wasting the public stores. In removing, under false pretences, a chaplain from the Constitution to the schooner Shark in the night, during a rough sea, thus exposing him to great danger. In employing the men in the service of the United States in managing and taking care of the said twenty-two animals. "The charges and specifications are very long, occupying some thirty minutes in the reading, that same charge being laid in several different ways, and there being several similar charges. After the Judge Advocate had concluded the reading, during all which time the accused remained standing, he turned to the commodore and asked him whether he pleaded guilty or not guilty. “’Not guilty—and wish to be represented by counsel—Hon. Geo. M. Dallas and Josiah Randall, Esq.’ “It being suggested by the Judge Advocate that the witnesses not having arrived until this morning, and of course having had no interview with them, that time might be saved by an adjournment until to-morrow at 10 o’clock, whereupon the court, at half past 11 o’clock, adjourned. “There are a large number of officers and others present as witnesses, and the number of persons that crowded in the court room and the avenues leading to it, sufficiently attests the interest which the case has excited throughout the country. “Tuesday, May 12, 1840. At 10 o’clock, pursuant to adjournment yesterday, the court met, when the proceedings of yesterday were read by the Judge Advocate, and the evidence for the prosecution commenced by swearing as a witness, “Captain [Silas] Stringham.-- [Previous to which the Judge Advocate read to him the specification in the charge upon which he proposed to examine him, which specification had reference to placing on board the sloop-of-war John Adams, of which the witness was commander, a fine Arabian horse and jack, and by the arrangement made on board the sloop for the accommodation of the horses, by order of the commodore, weakened her and rendered her unfit to compete with and antagonist of equal grade.]-- Just before I left Mahon, Com. Elliott informed me that he had made up his mind to send home his fine Arabian horse and jack; we had several conversations where we should put them; it was arranged that we should put them under the top-gallant forecastle; I believe I recommended that they should be put there; they were put on board and I brought them to the United States; the two forward guns were removed to make room for the horses; the sloop had 24 guns; the commodore and I were on very friendly terms; slings were sent on board from the Constitution to hoist them in; the same slings were used in time of a gale, to keep them from injuring themselves; the same man who had taken care of them while on board the Constitution was sent with them; I had a letter from Com. Elliott, as to the disposal of the horses on reaching the United States. [A copy of the letter to Mr. Montgomery was here produced and read, which stated that he wished his friend in New York to dispose of one-half the horses, for which he would take $2,000. It also states that a quarter cask of wine is sent, which it is hoped his temperance notions will not preclude his acceptance of.] “Cross-examination by the accused.-- I accompanied Com. Elliott out in the Constitution, by the order of the Secretary of the Navy, and lived with him in the cabin; I have been near thirty years in the navy; the military discipline and command of Com,. Elliott while in the Mediterranean was good; at the time Com. Elliott was asking as to the bringing home of the horses, I was not aware of his asking that which would amount to unofficer-like conduct; there was an order or circular from the department, authorizing commanders to bring home seed and other curiosities, and it may be, it included horses; if it had been left discretionary with me, I should have brought home two, one for myself and one for the purser, had these two not have been on board. [A circular was here produced, but the witness could not say that it was the one to which he had made allusion.] I did not make report to the Navy Department that I had brought home these animals in the John Adams, for the reason that I did not think it necessary, having the order of the commodore to bring them; I do not know what became of the slings sent from the Constitution; the man to take care of the horses was transferred from the Constitution; cannot say that he was or was not discharged on reaching the United States; I cannot name the man; there were several transferred at the same time; the force and efficiency of the sloop was weakened by the accommodation made for the horses, so far as the removal of the guns below would weaken her; I do not think the force of the sloop was materially affected; I think the animals could not have been accommodated on board in any other part of the ship so well; they might have been put in the main hatch, but they would there have incommoded the crew. "Lieut. Charles G. Hunter, sworn.-- [The Judge Advocate here read to the witness the charge and specification on which he purposed to examine him—which had reference to the race-course scene at Mahon, , in the island of Mahonawaka, and of whipping a seaman in double the amount of lashes allowed by the riles of the Department.] It was on or about the 14th of April 1837, on a race course, near Port Mahon, at a race between a horse entered by Lieut. John A. Davis and myself, and a mare owned by Com. Elliott, entered by Lieut. Z. Johnston and Passed Midshipman [Daniel F.] Dulaney. After the first heat had come off, I was standing at the coming out place, where I heard some one remark that it was a distance. I replied that it was not a distance. Mr. Bushrod W. Hunter stepping up, said it was a distance, and as clear a distance as he ever saw. I asked him how he knew it; he said he was standing on the wall and had seen it. I replied that I also had stood there, and that it was not a distance, and asked one of the judges of the race on which side of the line the horse was when the flag dropped; he said, on the side which saved the distance, I turned to Mr. Bushrod Hunter and said, by G_d it was not a distance. He replied, it is well for you to say so now. It was at this moment that I heard some one call out, ‘Lt. Hunter, keep silence, never separate the gentleman from the officer;’ and turning round, saw Com. Elliott, mounted on a donkey. I advanced a few feet towards him, and mildly, but firmly repelled the charge. He told me again to keep silence, that I was trying to get up an excitement about race, at the same time holding up a stick in his hand, shaking it at me in a violent and threatening manner, and ordered me to go immediately on board my ship, and consider myself suspended, which order I obeyed. “Examined by Judge Advocate.-- The distance between myself and the commodore was from 6 to 8 feet. He shook the stick at me twice—there was a great crowd of people present—foreign officers, both English and French. In April, 1837, the punishment of the boy with 24 stripes of the cat-o’-nine-tails took place on board the frigate United States. He was a servant of Lt. {John A.} Davis and myself—he was confined and punished with, I think, two dozen lashes, by order of Com. Elliot, as I understood at the time, on a charge of being in a row or fight. His name was Francisco Luzino, a Mahonawkin by birth, but had shipped and was then serving on board the United States. “Cross-examined by the accused.—I was excited by what had occurred at the race; the race itself had a tendency to excite me, but my excitement was not such as to border at all on a quarrel with Mr. Bushrod Hunter: I twice repelled the charge that I had not separated the gentleman from the officer, in manner firm but respectful; Com. Elliott was not within striking distance of me; I did not represent to the Secretary of the Navy that the stick had been shaken at and over my head; what I mean by over was that he was not above me; he was mounted and I on the ground; Gen. Ogregon, the Governor of the island, was at the race, but I did not see him at the time the difficulty took place; Com. Elliott had never exhibited the slightest ill will or want of respect towards me; the tone of Bushrod W. Hunter and myself was loud and controversial; Bushrod W. Hunter and I had no explanation the next day, or ever; I was apprised the next day that Com. Eliott regretted the occurrence, and that he said he entertained no ill will towards me personally. “Lieut. Chas. McBlair sworn, and examined as to the charge of ‘scandalous conduct in bringing home for his own private benefit certain horses and asses,’ and being present at a mutiny on board a ship in Hampton roads without doing his duty in an effort to suppress it, as follows, to wit: I joined the frigate Constitution in the spring of 1838; in June 1838, two days before the Constitution left Mahon, we received on board a number of animals, consisting of horses and asses, which were placed in stalls amidships, on the gun decks {sic}; at Gibraltar we received on board another animal, a horse; I should judge there were more than twenty; either before, at, or after leaving Gibraltar, these animals were removed to stalls erected between the guns; they occupied the quarters on the larboard side, from the third forward gun to some short distance aft the main hatch; on the starboard side the stalls extended from the first forward gun to about the fore hatch; these animals, with the exception of one which died on the passage, were transferred at Hampton Roads, Va., and there disembarked; a large and important battery of the ship was so encumbered by the presence of these animals, that it would have been impossible to fight or exercise the guns without their removal; they occupied the places assigned to a portion of the crew as messing and sleeping quarters; about fourteen guns were thus encumbered; a stall was erected between the two starboard guns aft, next to the cabin pantry; I commanded the first division; the gun deck battery could not have been exercised with the stalls standing. “The comfort of the crew was affected by the places occupied by the animals, especially that portion of it that were in the habit of messing where the stalls were erected. The guns of the division that I commanded were not examined before leaving Gibraltar. There was an interval between the receiving of the animals on board and the removal of the guns. I have no personal knowledge to whom the animals belonged. On our arrival in Hampton Roads, I observed, after anchoring, more excitement in the ship than usual, owing apparently to our return home and detention in Hampton Roads. Some time in the afternoon, about five o’clock, I was going forward on the gun deck, when I saw a man very much intoxicated. As I approached him in passing him, he said, ‘what are you looking at?’ and stopping, he picked up a match tub, as if to strike me. One of the crew who was near took hold of him, and took what he had in his hand from him. This attracted my attention to the condition of several men forward, who were intoxicated. I reported their condition to the lieutenant. I did not at this time apprehend at this time any general or serious disturbance. Some time after, while sitting in the ward room, I heard a great uproar on the gun deck. Going up I saw a large number of men engaged in clamorous disputes, some of whom were fighting. I went on deck to find the first lieutenant, and represented to him in strong terms that something must be done to quell the riot. He appeared much irritated at something that had occurred between himself and the commodore. The disorder appeared to be fast increasing, deriving new force from the arrival of the men in the boats. After dark the master-at-arms came rushing in, bleeding profusely, and asked protection from two or three men, who had attacked him. I called to the doctor, and ran out to the berth deck, and found all quiet. On deck I found Capt. {Commander William} Boerum engaged in ironing two men, alleged assailants of the master-at-arms. At this time the step that had been taken in securing these men produced tranquility. It was near nine o’clock when some of the ward room officers heard the rush of a large body of men, and going on deck, I found a large body of men gathered around the fiferail; some of the officers were armed; a black man named Ennis was aft on the quarterdeck, whom the men seemed baffled in pursuit of. Com. Elliott was seated on the hammock log. The noise subsided about 11 o’clock. It was my mid-watch; Ennis, who was under the charge of a sentry, was passed to my care; I was armed, from a sense of security to myself as well as the prisoner. During this disorder, I have a distinct impression of hearing many loud oaths and seditious expressions used, but do not recollect the circumstances that produced these expressions. The next day we anchored at Norfolk, and on furling sail the crew cheered; when they were addressed by Lieut. Boerum, from Com. Elliott, who instructed him to address them in general approbation of their conduct, and to say that those whose time had expired might go on shore. “A proposition was made to me to go to Com. Elliott, but I did not go. “By the court.-- ‘What reason did Lieut. Bullus assign for not going himself to the commodore, and reporting the condition of the crew; and why did he wish you to go?’ His reply was, that he had already been censured for putting the men in irons; whether censured by the commodore or captain, witness could not say; I don’t think the subject of reporting to the commodore was mentioned. “By the accused.-- ‘Was it or was it not the duty of the chief executive officer of the ship to arrange the animals on board so as to be the least disadvantage to the crew?’ It is usually the duty of the first lieutenant—but on important occasions he applies to the captain. I have seen instructions issued by Mr. Southard, authorizing commanding officers of vessels in the naval service to bring home such, seeds, plants, or animals, provided it does not interfere with more important duties. “I cannot recollect where I first saw the instructions to this effect—I think in this city, last spring. I have no personal knowledge of animals having been brought from foreign countries in our vessels of war, previous to those by Com. Elliott; I do not know who the officers were who had charge of the landing of the animals at Hampton Roads—nor do I know that their culpable neglect in letting the men get drunk was or was not reported to the commodore. Their intoxication was chiefly owing to their impatience at the detention of the ship. We anchored in Hampton Roads about 9 o’clock. “I think we went with the first of the flood; we could not have gone all the way up to Norfolk at that tide; there was no combination among the men, nor was there any demonstration on their part to take possession of the ship—there appeared to be no concert; their clamor appeared to be among themselves, and not concerted action against the officers of the ship. There was, however, a general disregard of the authority of the officers. The marine guard was not called out to suppress any supposed mutiny. I cannot state the seditious expressions that I heard, nor how many, nor at what precise time, nor did I report them. The officers baffled the men in the pursuit of Ennis—how many of them I cannot say. The cheering of the crew was at the time of anchoring, on the furling of the sails; there was previously a partial cheering, the cause of which I do not recollect, and think it was unauthorized. I do not know, of my own personal knowledge, how many of the men’s time of service expired while at Mahon, or while in the Mediterranean, nor what was then agreed upon to induce those men to do duty. The boat’s crew of Com. Elliott appeared to be engaged, while at Mahon, in taking care of the animals. I think there were others also. I did not join the Constitution until some time after her arrival at Mahon. Capt. Boerum and also Lieut. {Oscar} Bullus lived on board, I think. “After reading over the evidence, the court adjourned till ten o’clock this morning. “There was a greater throng of persons in attendance than has been present on any previous day, and had the room in which the court sits allowed of it, there would have been double as many more. A great many left without being able to obtain admission. “Wednesday, May 13.-- Precisely at ten o’clock, the court met and proceeded to business by reading examinations taken yesterday. “Lieut. John A. Davis, sworn-- [The specifications in the charges of the oppressive and cruel conduct pf Com. Elliott in the removal of Lieut. {sic} Barton from the ship Constitution to the Shark, in opposition to the advice of the fleet surgeon, while suffering under a severe wound in the right leg, and of unofficer-like conduct to Lieut. Hunter, while at the racecourse in the island of Minorca, and of inflicting chastisement contrary to the 30th article of the law regulating the navy, were read to the witness.] I knew of Lieut. Barton being brought alongside of the Shark and put on board of the vessel; that day I dined on board the Shark and he was brought there by one of the barges of the Constitution; he was lowered down into one of the berths of the Shark; whether head or feet foremost cannot say; from his screams he appeared in great agony; he was eventually removed to the shore; I was on the race course at Mahon; about the 14th of April, 1837; I was in search of Lieut. Johnston at the time, to ascertain the coming out of the race; I found him in company with Sailing Master and Lieut. Hunter; there was some altercation at this time on the subject of the distance; Sailing Master {Bushrod} Hunter that it was as fair a distance as he had ever seen; Lieut. H. denying it, using the term, ‘by G_d it was not a distance;’ Sailing Master Hunter rejoined that it was well enough for him to say so now; Lieut. Hunter observed that he would say so now or at any other time; that was all the altercation that I know of between the two Hunters; the Commodore rode up about that time and called to him, ‘Lieut. Hunter, don’t separate the gentleman from the officer,’ Lieut. H. turned around and said that he did not; the Commodore observed, ‘keep silence, you are doing it now;’ he ordered him to keep silence two or three times, to go on board his ship and consider himself suspended; the commodore appeared in a passion, shaking his stick at Lieut. H. from six to ten feet distant; Lieut. H. obeyed the commodore’s order. “By Judge Advocate.-- The commodore’s manner was violent, as in anger, while speaking to Lieut. H.; the lieutenant’s manner was that of forbearance. “From the Potomac I was transferred to the United States; the boy, Francisco, was transferred with me, and there became the servant of Lieut. H. and myself; I was officer of the deck at the time he was ordered to be confined; the order was obeyed; I did not see him punished; he was discharged from the service; the order was received from the commodore; I had a conversation with the commodore relative to the punishment of the boy Francisco; the night of the race we had a ‘race party;’ the commodore was a guest and the boy waited upon us at the time; I took that occasion to say to the commodore that the boy was innocent of the charge for which he had received punishment, and asked to have him again; he said, ‘no, sir, he has violated the discipline of the service and I will not reship him.’ “Francisco was punished and discharged a short time before the race. I knew the boy was innocent of the charge for which he was punished, because he was on board the ship at the time of the outrage was alleged to have been committed—and I so informed the commodore. In my conversation with the commodore, nothing was said about from whom the order for punishing Francisco came. “By the accused.-- I do not know that the police officers of Mahon reported Francisco with two others as having committed the outrage. I do not know that a man by the name of Melville, declared having seen Francisco commit the outrage. I did not communicate my belief of the innocence of Francisco to the commodore until he had been punished and discharged. I did not at the time of punishment know what the charge was, and that it was otherwise than correct. The charge for which the boy was punished was, I believe, being engaged in a row on shore. The order for the confinement was a verbal one. The name was on a slip of paper, with that of another person on board the Shark. There was neither signature nor address upon it. It was brought by Mr. Moffit {sic: probably Midshipman John Newland Maffitt} or by Mr. {Midshipman A. Hurley} Jenkins, one or the other. I do not know whose hand writing the names were in. I think it was Mr. Moffit who handed it to me; both gentlemen frequently brought orders from the Constitution. They were both aids during the cruise, and I believe were so at the time. I do not know that Dr. {Thomas J.} Boyd, in his official reports, as surgeon of the Constitution, characterized the wound of Midshipman Barton as a slight gunshot wound. I have never seen his official reports. I do not know who lowered Midshipman Barton into the Shark; I was but a guest there at the time. I do not know who superintended his removal from the Shark to the shore. I do not know that his reception on board the Shark or his removal therefrom was attended with carelessness or cruelty by those who had him in charge. There were several others at the race ground mounted on donkeys besides Com. Elliott. It is usual, in riding, to use a pointed stick to impel the donkey forward, punching him on the shoulder. Com. E.held the stick in his right hand, whether by the handle or the middle I cannot say. I do not know how he was using his other hand—presume he was holding his jack; he could not have gesticulated with his right hand without shaking his stick. The space between the Commodore and Lieut. H. was filled by people. According to the best estimate that I can form, there were eight or ten between them; there was a multitude outside. It was not possible for the commodore to have reached Lieut. H. even by holding out the stick he held. When Lieut. Hunter said, ‘by G_d, it was not a distance, and that he would say so there or any other time.’ his manner was suited to his language. When I said that Lieut. Hunter’s was marked with forbearance, I did not mean that he should assail the commodore to have made it otherwise than forbearing. I said it was forbearance for him, knowing his generable excitable disposition, that he quietly obeyed the commodore’s order; nor yet do I mean to say that obedience to an order is forbearance. I have expressed my meaning previously. I don’t know about insulting him; it would not, in my opinion, be compatible with discipline for a subaltern, publicly, flatly, and repeatedly, to contradict his superior officer. “Lieut. [George Frederick] Pearson, sworn.-- [Examined upon charge of oppression and cruel treatment towards Lieutenant Barton, in removing said Barton from the Constitution to the Shark while suffering from a severe wound in the leg, endangering not only the leg but the life of said Barton; and also as to the charge of unofficer-like conduct at the race-course, and punishment of the boy Francisco—and of ordering Chaplain [Thomas R.] Lambert from the Constitution to the schooner Shark during the night; which charges were read to the witness.] “At the time specified Lieut. Barton was brought on board the Constitution in a wounded condition, Com. Elliott was absent from the ship at the time [sic], but returned soon afterwards. I was in the wardroom of the Constitution, and there heard Captain Boerum, who was then first lieutenant of the ship, say to Dr. Boyd that Com. Elliott had directed the removal of Lieut. Barton to the Shark, to which vessel he was at the time attached, unless he (Dr. B.) did object to it as fleet surgeon. Dr. Boyd replied that he objected to it as fleet surgeon, and as surgeon of that ship. Mr. Barton was, however, soon after removed from the ship to the Shark. “By the Judge Advocate.-- I saw Mr. Barton when on the gun-deck of the Constitution, and he appeared to be in a good deal of pain. I also saw him at a boarding house in Smyrna, a week or ten days after his removal. I was present near the race-course at the time of the race. I was standing within about 25 yards from where the horses terminated their race. After the horses passed me there was a considerable rush towards the goal; I saw a few minutes before this, Com. Elliott advancing; I soon heard the commodore address some one whom I did not see, and say, ‘You should never separate the character of the gentleman from that of the officer;’ a short time afterwards, I heard him say, ‘you have,’ or ‘you did;’ then I heard him say, ‘silence,’ and directly afterwards, ‘go on board your ship.’ At this time I could not see the commodore for the crowd, except occasionally his head, and I only knew it to be him from my acquaintance with his voice. I then saw Lieut. Hunter pass out of the crowd towards the ship. At one time there was a Mahonese, shipped on board the Shark, punished with two dozen lashes—his name, to the best of my recollection, was Richard Lassells. The whipping, I think, was with the ‘cat,’ and was done by the commodore’s order. He was regularly shipped on board, and belonged to the navy. He was generally known on board by the name of ‘Dick.’ I did not recollect his name when examined before the court of inquiry. The punishment was inflicted at Mahon; the Shark, at the time, was one of the squadron of Com. Elliott. I took command of the Shark about the 1st December, 1836, and remained in command till her arrival in the United States, 24th March 1838. Thee man Richard was punished early after I took command of the Shark. I had no written order for the punishment; the order was brought me from the commodore’s ship by a midshipman; the punishment was inflicted in part—one dozen directly on receipt of the order; but doubting the correctness of the order, I went on board the commodore’s ship and inquired of Capt. Boerum if it had been passed to me correctly—he said, ‘yes;’ I then ordered the other dozen. “With regard to Chaplain Lambert, he was ordered to the schooner Shark, in the harbor of Besuda {sic: Suda Bay, Crete?}. On the day that the chaplain joined the Shark, the Constitution arrived in the harbor; on the arrival of the Constitution, the commodore asked me if I did not want a chaplain; I replied yes, if you will give us Mr. Lambert we will be very glad of one; the commodore asked where I would put him—I replied that if he sent Mr. Lambert I should put him in the cabin; in the afternoon of the same day I was on board of he Constitution; as I was about to leave, the commodore asked that I would send my boat back; the Constitution was then being got under weigh; I sent the boat soon after; the Constitution passed out of the harbor with the boat in tow, which returned about 9 o’clock, with the chaplain and his baggage; the Shark was got under weigh about 10 o’clock, with a light wind, which lasted till we got out to sea, where we found a fresh breeze and a rough sea, which continued all night; it was the stern boat of the Shark in which the chaplain came—he brought with him a large chest and other baggage; after leaving Besuda, we the next day communicated with the Egyptian fleet in the harbor of Candia, &c., thence to the Dardanelles, Mahon, and other places, in search of pirates; we arrived at Mahon on the 1st of October, 1837; we met the frigate United States there, and after passing through quarantine, the chaplain then joined the frigate; the Constitution arrived at Mahon about the 1st November. "By the accused.-- ‘Dick’ was punished for fighting on shore, and was immediately discharged—he was a troublesome fellow; I do not know the original cause of the transfer of Midshipman Barton from the Constitution to the Shark; Lieut. {Charles S.} Ridgley was in command of the Shark at the time of the transfer of Lieut. Barton; the accommodations on board the Shark are as good as those on any United States schooner that I have seen; Mr. Barton’s accommodations on shore were as good as could be obtained at any boarding house in that place; he was attended by Drs. Boyd and (Passed Assistant Surgeon Daniel} Egbert, until the sailing of the Constitution and the Shark; I have no doubt these attentions were by the order of Com. Elliott; I do not know that Com. Elliott, previous to the sailing of the Shark, gave the purser positive to furnish Midshipman Barton with funds; I know nothing about it; some of the American officers at the race had not their uniforms on; I had a conversation with Chaplain Lambert in the boat of the Shark, as to his coming on board that vessel; I then stated to him that the commodore had asked me, while lying aside of the Constitution, if we wanted a chaplain, and stated to him my reply to the commodore, and added, if course; that the commodore was not in earnest, as I did not suppose that he would part with Mr. Lambert; he, however, showed me his order while on board of the ship, some two or three hours afterwards; I dined, on board, and after dinner it was that I was shown the order; Mr. Lambert, when he showed me the orders, appeared to be very much distressed at receiving them; I said nothing to Com. Elliott on the subject of the orders after having seen them; the distance between the two vessels was about an eighth of a mile, and on the day named I had gone to the Constitution twice—once alongside and once on board; the weather was fair and the sea smooth; the boat that I sent for Mr. Lambert was the same that I had used through the day—was in good order and well manned; I did not know the number of officers that had been ordered to the Shark when I sent the boat; the chaplain and one or two petty officers returned in the boat with him; I recollect, while visiting the Constitution, one of the passed midshipmen was ordered to the Shark, but do not know when he went—he was there, however, before the chaplain; the chest of Mr. Lambert was very heavy, and would prevent the men in a heavy sea from pulling with facility, but would not endanger the boat and crew; Mr. Lambert was to join the United States when we met with her, but we did not expect to meet her before reaching Mahon; I had orders to consult with the consul at Salonica [sic], and of our Charge d’Affaires at Constantinople, respecting the taking on board of some Turkish youths to bring to this country for education, provided the Turkish government should choose to send them; my order was to touch at Palermo and several other points on my way down; there was an order against American officers appearing on shore at Mahon, except in uniform—whether the orders applied to the whole squadron is more than I can say; I do not know how far the Constitution towed the boat sent for the chaplain and the other officers; it was gone several hours, and the Constitution was out of sight; I took no Turkish youth on board at any place. “The court adjourned to 10 o’clock this morning.
“Tuesday, May 14th.-- The Court met this morning pursuant to adjournment of yesterday, in the spacious room in the third story of the same building in which they have previously sat. There is an abundance of space now for the idle and the curious to while away half a day of unoccupied time; the room being competent to seat fifteen hundred or two thousand people. It is a move, for which the projector, be he whom he may, deserves credit. “The proceedings of yesterday were read. "Lieut. Charles W. Chauncey, sworn.-- [Charge 8th, 3d Specification was read to the witness.]-- I was on board the sloop John Adams. I joined her about the 1st of March, and found on board the animals alluded to in the specification—a horse and a jack, represented to belong to Com. Elliott; to accommodate which, the two long guns were put below. These animals remained on board until we returned home, and were landed at the New York navy yard—after which I saw no more of them. The guns remained below during the whole passage. The sloop mounted 24 guns in all. “By the accused.—I did not report the circumstances to the Secretary of the Navy. “Dr. [Bailey] Washington, sworn.-- [Charge 3d, tending to the destruction of good morals in accepting of a service of plate from the crew of the Constitution, while at Lisbon, was first read to the witness. Also, the charge of bringing home a number of animals for his own benefit; and of being present at a meeting on board the Constitution, and not doing his duty in suppressing it.] “I saw some plate about the time mentioned in the specification on the commodore’s sideboard, on board the Constitution, which he mentioned having received from the crew; with some such inscription as that mentioned in the specification. I did not know the manner in which the subscription had been raised among the crew, or how the plate had been paid for. “By the Judge Advocate.-- Captain Elliott asked me as to the propriety of accepting it. I told him I believed it was usual to accept presents when offered. “I saw a number of cattle brought on board the Constitution, at Mahon, about the 13th of June, said to belong to Com. Elliott—about 22 in number—they were placed in stalls—they did not incommode the crew in their meals and sleeping. How far they interfered with the armament of the ship, others can judge as well as I can. “The crew was very disorderly at Hampton Roads, some of whom were intoxicated; I should not call it a meeting, as there were no preconcert as far as I could see; I did not see that the commodore made any effort to restore order; the men, at the time, may be said to have had possession of the ship. “By the Judge Advocate.-- The master at arms commenced the usual examination as the men came on board, but did not continue it, as he appeared to be afraid; the conduct of the men seemed to set the master at arms at defiance; several of them calling out to him to come and examine them; their conduct was riotous; I did not notice the master at arms afterwards; Dr. {Surgeon Samuel} Barrington was performing the actual duties of surgeon at the time; I saw the crew that day frequently assembled in large numbers on the deck, sometimes fighting, at others passing rapidly across the deck, and often shouting; I am under the impression that some one was hurt on the head during the disturbance; who, I cannot recollect. “By the accused.-- I joined the Constitution in August, 1836, in the Mediterranean, and relieved Surgeon Boyd; I was on duty as fleet surgeon during the voyage, or rather during the return of the ship; the disorders at Hampton Roads may have been attributable to the intoxication of a part of the crew; they were fighting and squabbling among themselves; I do not know that Commodore Elliott had one of the intoxicated men ironed; I saw no effort made by any of the officers to quell the disturbance; the crew did not appear disposed to submit to the authority of the ship, though I saw no combined action; I have been attached to the United States naval service about 29 years; I do not remember any instance where testimonials of affection and respect were presented to officers by those under their command; further than I seen a sword which was said to have been presented to Capt. {Beverly} Kennon many years past by the officers or men, or both, under him. [A question was here proposed to the witness, and objection being made by the Judge Advocate, the court room was cleared until the opinion of the Court was had. In about fifteen minutes it opened, and the Judge Advocate announced that the question was overruled.] “This was not the first time that I had known animals brought home:- the Washington, commanded by Com. {Isaac}Chauncey, some years since, brought home one or two. There were also some brought home in the North Carolina, commanded by Com. Rodgers; I think the latter four in number -- they were jacks and jennies. I knew of no regulations or orders from the Navy Department authorizing commanders to bring home such things at the time these were brought home -- they were brought previous to such orders -- the first being about the year 1818, and the latter 1827. I never heard any objection made to the two instances here named. "Lt. James M. Watson, sworn.-- [The charges upon which it was purposed to examine the witness were first read by the Judge Advocate.] "I was on board the Constitution when Mr. Barton came on board wounded, at Smyrna; he was made comfortable on the starboard side of the gun deck. The commodore was absent at the time, but when he returned Barton was sent to the Shark. He appeared to suffer a great deal from his wound. I visited him a short time afterwards on shore, in company with the fleet surgeon. He was still in much agony. Dr. Boyd wished me to get a piece of oil cloth to place under his wounded limb, as he apprehended that many of the bones would come out and soil his bed. I had it procured. I visited him a few days after, when he appeared less distressed. We left him at Smyrna. I did not see him after that. "At the island of Cyprus I was first lieutenant of the Constitution, in consequence of the sickness of Lieut. Harwood. There was a requisition brought to me to sign, for some plank, canvas, nails, marlin, &c., for the erection of stalls, which, at first, I declined, until I heard Com. Elliott say to the steward, 'Tell Mr. Watson to sign the requisition, and you will see them returned.' I then signed it. "By the Judge Advocate.-- These stores were applied to the erection of stalls, and for the commodore's use. The requisition was brought to me by the commodore's steward. There were at that time four horses on board belonging to the commodore. The stores, to my knowledge, were never returned. I do not recollect whether I signed any other requisitions for stores for the use of Com. Elliott. During the conversation of the commodore with the steward, I was within ten or fifteen feet of him. "The ship was lying at the island of Candia, and, while at dinner, all hands were called to weigh anchor. I went to the forecastle, my station, and while t here my servant came to me and said that Mr. Lambert wished to borrow a trunk, as he was ordered out of the ship. I remained at my station until Mr. L. left the ship, when I went to the gangway and bid him good-bye. He left the ship, I think, between 5 and 6, P.M. The ship was in the harbor when the boat left her; there was a good breeze and the sea a little rough. "By the accused.-- The boat, to my knowledge, had not been waiting for Mr. Lambert. The ship, when he left, was hove to, and if going would have made eight or nine knots. The Shark at the time, I should judge, was four or five miles distant. Mr. Lambert did not take my trunk, nor can I tell what baggage he did take. He left some baggage in my charge. Can't say what kind of boat he left in; think it wa a four-oared boat. I can't say how many accompanied him. I did not consider Mr. L. in any danger; thought him rather uncomfortable. I do not know that Mr. L. made any objections to going, and if he did, I don't know that the commodore knew of them. The 1st lieutenant was officer of the deck at the time; I think it was Lieut. Bullus -- no, it was Mr. Harwood. I do not know where the steward is, of whom I have spoken when at Cyprus -- he was a Mahonese -- his name, I believe, was James Gumila. The steward may have returned the articles for which I signed without my knowledge. The schr. Shark was lying between the Constitution and the town of Smyrna, about half way. I do not recollect who superintended the removal of Mr. Barton. Com. Elliott did not, to my knowledge, in any way interfere with the removal of Mr. Barton. His removal was, for aught I know, as careful as the circumstances would allow. His accommodations while on shore were good. I know nothing of the provision made by the purser for the support of Midshipman Barton. [Lieut. Watson left the ship at Port Mahon to travel in Europe, and of course knew nothing of any of the after transactions.] "Dr. {Victor} Godon, sworn.-- The charges upon which it was purposed to examine the witness being first read to him he deposed and said: I was an assistant surgeon on board the Constitution when Midshipman Barton was brought along side wounded; after some delay he was brought on board, permission having been received. I think he was hoisted on board. He was placed on the gun-deck, a cot having been slung for that purpose. Preparations were then made to extract the ball; the ball struck the tibia about two and a half inches below the joint, fractured the bone transversely and splintered it; the ball was extracted from the back of the calf of the leg, under the skin, by Dr. Boyd; we all considered the wound of a very dangerous character; the limb was afterwards dressed, bandaged and splintered {sic}; Mr. Barton was in very severe pain, and complained loudly. Shortly afterwards Com. Elliott came on board; Mr. Barton begged that Dr. Boyd would see the commodore, and if possible prevent his removal, as it was reported that he would be removed, requesting him to represent to the commodore the miserable condition he was in -- to appeal to the commodore's sympathies; the Dr. left, and shortly after returned, saying he must go. It was my opinion that the removal would be attended with danger, and certainly with very great pain and inconvenience. He was removed. "By the Judge Advocate.-- My opinion was not given officially as to the removal, but my opinion was given to Dr. Boyd, with whom I consulted; I thought it highly dangerous. "I was in Port Mahon, on the race ground, when the race occurred; my attention was attracted by Com. Elliott's loud tone of voice; several plants or prickly pears intervened between us; the commodore was mounted on a donkey, holding in his hand a stick which he shook at the individual to whom he was talking in a manner which I consider insulting; he ordered the person to whom he was talking to go on board of his vessel; when the person emerged from the crowd I saw that it was Lieut. Hunter. "By the accused.-- When Passed Mid. Barton underwent the operation of extracting the ball, he was under the influence of opium; I do not know what quantity; the ball was extracted and the wound entirely bandaged before the commodore came on board; almost immediately after the wound was dressed, Mr. Barton was removed; Dr. Boyd was not with Mr. Barton all the time after his return to the ship wounded; he was absent several time for a short time; the cot was surrounded by a dozen, which prevented me from seeing where he went; I understood, however, that he each time communicated with the commodore or his lieutenant; the Dr. appeared much concerned at the removal; I did not see Dr. Boyd at any time write a report, certificate or letter concerning the wound; I do not remember Mr. Barton's requesting Dr. Boyd to write to the commodore, but most distinctly recollect his asking him to speak to Com. Elliott. "The Court adjourned to ten o'clock to-morrow (Friday) morning.
"Friday, May 15.-- Pursuant to adjournment yesterday, at 10 o'clock the Court met, and after reading the examination taken in the case yesterday by the Judge Advocate. "Dr. G. R. B. Horner was sworn as a witness.-- [The specification in the charge against Com. Elliott, of whipping a seaman in double the number of lashes allowed by the rules and regulations of the Department, was read.]-- I was the surgeon of the frigate United States; while at Port Mahon all hands were called to witness punishment; I went up, and there saw 'Francisco,' the servant of Lieut. Hunter and Lieut. Davis, he was in the gangway, was tied, and when Capt. {Jesse} Wilkinson appeared, began to exculpate himself -- said he was innocent, and begged for mercy; what he said, however, had no effect; he received with the 'cat' two dozen lashes; he was afterwards discharged from the ship. "By the accused.-- To the best of my knowledge, Francisco was a native of Mahon; I do not know that he was confined exclusively to waiting upon Lieuts. Hunter and Davis; when there was a call of 'all hands to quarters,' he took his station with the rest of the crew; he left the ship the day or the day after the flogging; the provocation for his punishment was for an alleged assault which he was charged with committing, or with having caused to have committed, on Antonio Golermo, on the evening of the 7th of April; I am unable t o say how violent, or what amount of injury was sustained by the man assaulted -- I understood that he was knocked down; I believe that Francisco dressed himself as soon as the punishment was over, and that he forthwith left the ship; Capt. Wilkinson was at t he head of the gangway and saw the punishment inflicted -- whether Lieut. Hunter or Lieut. Davis were present is more than I can say; the punishment was not unusual in kind or in effect upon the man, except so far as regards the number of lashes; he appeared to suffer considerably under it, and frequently cried for water, and begged loudly for mercy. He was stripped and punished as men usually are when whipped with the 'cat.' He became quite pale from the effect of the whipping, and appeared as though he would faint. If a person was suffering from a gun-shot wound and a fractured limb, and removal was absolutely necessary, if the patient was mine, it would in some measure depend upon circumstances and the amount of pain he was suffering, whether I would remove him immediately after the wound had been splintered {sic} and bandaged, or whether I would wait until the pain had subsided, and until there was a reaction. If he was in great pain, I think I should not advise a removal at that time. If in a fit condition, and under the effect of opium, I would recommend it to be done. The manner of removal and the place to which it was intended to remove him, would however, have considerable influence with me in forming an opinion. The true time of removal would, in my judgment, be in the interval after the pain had subsided -- after a reaction -- and before any inflammation of the parts had taken place. "[The object of the question of Mr. Dallas to the witness for the accused, was, in short, to know if the time for the removal of Midshipman Barton from the Constitution to the Shark -- immediately after the wound had been dressed, and at a time when the irritation consequent upon a removal would not excite inflammation. The question was long and the answer diffuse, but the above is believed to be the substance of both.] "The Judge Advocate here stated that he had a matter of explanation to make to the Court, and for that purpose asked that it might be cleared. In about fifteen minutes, it was again opened, when an adjournment immediately took place till 10 o'clock today, (Saturday)." (Pages 322-7.) Number 22 (May 28, 1840) "Reported for the Public Ledger. "NAVAL GENERAL COURT MARTIAL, "at Philadelphia, "TRIAL OF COMMODORE ELLIOTT, "Saturday, May 16.-- At 10 o'clock the court, pursuant to adjournment, were in their sears. The accused, accompanied by Mr. Dallas, his counsel, was present. Dispensing with the reading of the evidence, of yesterday, the court immediately adjourned to Monday afternoon at one o'clock.
"Monday, May 18.-- At 1 o'clock, pursuant to adjournment on Saturday, the court met. Present all its members, the Judge Advocate, and Com. Elliott, accompanied by his counsel, Hon. George M. Dallas. After the proceedings of Friday and Saturday had been read, "Lieut. Bushrod W. Hunter, sworn.-- [The charge and specifications upon which it was intended to examine the witness were first read to him, to wit: the removal of Midshipman Barton from the Constitution to the Shark, whilst suffering from a gunshot wound and a fractured limb -- the race-course difficulty with the commodore and Lieut. Charles G. Hunter -- bringing home the animals -- and witnessing without an effort to suppress, a mutiny on board the Constitution in Hampton Roads.] "I do not recollect much of the case of Midshipman Barton. I was informed while on board the Constitution, that Mr. B. was alongside in a boat, wounded, and went down to see him. He was very pale. I did not see him afterwards, until I saw him on the Shark. From thence I accompanied him in his removal to the shore, and saw that he was carefully provided for and attended to. I requested that he be taken out of the hatch feet foremost, that his weight come upon his leg. He was placed in bed in Smyrna, and there left. I did not see him again until he arrived in the United States. "About April 1837, I went on shore at Mahon, to a race to be run between a mare belonging to Com. Elliott and a horse of Mahon. After the first heat, I said to Lieut. Charles G. Hunter, that the horse was distanced -- that I was in a place that I could well see, and that it was as fair a distance as I had ever seen. He answered by saying, 'by G_d, it was not a distance,' or words to that effect. Other conversation took place, which I do not now recollect, when I observed, 'It is well for you to say so now.' I understood him to say in rejoinder that he would continue to say so. Com. Elliott told him not to separate the gentleman from the officer. He replied that he had not done so. The commodore said he had -- when Lieut. Hunter said he had not. The commodore ordered him to keep silence, and to go on board his ship. "By the Judge Advocate.-- Com. Elliott was mounted on a donkey. I did not observe a stick in his hand. The commodore's manner, judging from his tone of voice, was rather violent, particularly his last remark. I do not think that Lieut. Hunter's manner was disrespectful to Com. Elliott, though his voice was raised. The distance between them was 10 or 12 feet, at the commencement of the altercation. I did not see the commodore afterwards. I was informed that the commodore had given notice by a signal from the frigate United States, that he wished to see me; I accordingly went ashore to his lodgings. He there spoke of Lieut. Hunter's case, and said if I had spoken or acted as he (Lieut. Charles G. Hunter) had, he would have treated me in the same manner. "The commodore brought home a number of animals in the Constitution from Mahon. The precise number I do not recollect -- probably 20 or 21. They were put in stalls on the gun deck. I superintended the putting of some of them in. "By the Judge Advocate.-- I do not know how many guns were encumbered. I commanded all the guns on the spar deck, the quarter deck, and forecastle. "We arrived at Hampton Roads on the last day of July, 1838. The ship came to anchor, and the animals were sent on shore. A short time before eight in the evening, there was a great deal of confusion on the gun deck. I thought the men were engaged in it were many of them intoxicated. The crew had released some of their number who had been taken in charge. The sergeant or corporal of marines informed me that Ennis had escaped from the sentry and gone forward. Not long after this Ennis and aft, followed by a part of the crew, on the quarter deck. I crossed over to the larboard side and met them by the capstan. Ennis then ran to the starboard side, where the men got him down and beat him. I pulled the men from him, and ordered them from the quarter deck. They obeyed, but continued around the fiferail and gangway. I was ordered by Com. Elliott or Lieut. Bullus to place Ennis near the wheel, and put a sentry over him, which I did. After this several men walked aft, and were ordered forward by the commodore. This is all the disturbance that I am acquainted with, except two men whom I found 'skylarking,' as they termed it, and who desisted at my order. At 11 o'clock the ship was entirely quiet. "By the Judge Advocate.-- Ennis appeared much hurt after taking him from the men; threats of his life were frequently made by the men. The master-at-arms came into the ward room and requested permission to sleep in the pantry -- that the men had made an attack on him, and he as afraid to trust himself within their reach; this was about the time of the noise on the gun decks {sic}. He appeared to be hurt at the time he came into the ward room. "By the accused.-- I heard a few words of a speech made to the men by Com. Elliott at Norfolk; they were to the effect that if they did not behave themselves he would punish them; this was after the men whose times were out had been discharged. [A question was here put to the witness, if Com. Elliott did not tell him that he might inform his agricultural friends in Virginia that he had brought home some fine animals, with which they were welcome to cross and improve their stock -- or which they were welcome to, to improve their stock. This was objected to by the court, and the question unanswered by the witness, although the question was put upon the record.] The general conduct of the men during the voyage was worthy of approbation; at Hampton Roads I attributed their conduct to the culpable negligence of the officers who accompanied them on shore, in permitting them to get liquor; there was a disposition with the men to resist the authorities of the ship. But none that I saw to take possession of her; I do not know that orders were given by Com. Elliott to Lieut. Drayton, to procure a pilot boat to take off the crew whose times had expired -- a part of the crew were thus taken off; I do not know that the commodore had one of the men ironed; Ennis was a colored man, but I do no know the cause of the hostility of the men towards him; I was officer of the deck at the time Ennis was down and the men were beating him; I made no report to the commodore, as he was present; I have been on board of a sloop of war her return from a long cruise, but never before returned in a frigate; I do not recollect seeing the Governor of the island and other distinguished officers near Com. Elliott at the time of the difficulty between him and Lieut. Hunter; I saw the Governor at the race; I had my uniform on; Lieut. Hunter did not admit to have lost the race until after leaving me on the race-course; Lieut. Hunter's voice was loud, produced, as I suppose, by the excitement of the race; his manner I do not recollect; I had reference entirely to the occurrences of the race; when I said, 'Lieut. Hunter, it is well for you to say so now' -- I do not remember the particular expression that called it forth; there were several persons in the space between Como. Elliott and Lieut. Hunter; I do not remember that, in my conversation with com. Elliott the next day, he said that Lieut. Hunter's conduct was rude and insubordinate to himself; he spoke of his contradiction with me, and said that he should prefer charges against him; Midshipman Barton was brought alongside Constitution in a shore boat; I do not know in what boat he was removed from the Constitution to the Shark, nor do I remember the time that intervened between his arrival at and departure from the Constitution; he did not complain more than usual at the motions consequent upon the removal; I do not know that his removal from the Shark to the shore was at his own request, nor do I recollect the length of tome the Shark remained after his removal from her. "By the Judge Advocate.-- I was ordered on board of the Constitution, the United States, and the Shark, during their cruise in the Mediterranean; I was master on board of them all, and was promoted whilst out on the cruise
"By the accused.-- I do not know who the officers were who had the men in charge ashore, nor where nor when they got liquor. "Capt. {Jesse} Wilkinson, sworn.-- [The charge upon which it was intended to examine the witness was here read; it had reference solely to the whipping in double the amount of lashes allowed by the rules of the Navy.] ""About the 1st of April, 1837, I commanded the frigate United States; while lying in the harbor of Mahon, an officer came on board, but whom I do not recollect, but think it was Midshipman Maffit, and stated that he was directed by Com. Elliott to tell me to give this man, Lassano, two dozen lashes, and have him discharged; he did not say what with; a man-o'-war's-man generally understands it to mean the 'cat,' which order was immediately obeyed by me. I had the man punished, and gave the purser orders to discharge him. "By the Judge Advocate.-- The punishment was with the 'cat,' and done in my presence and in that of all hands, who were called to witness it. He was discharged. "By the accused.-- I do not, of my own knowledge, know the causes of the punishment. I know them from the commodore, which was, that he had been engaged in an affray on shore with one of the commodore's servants, in which the life of the latter was endangered. Lassano was a Mahonese, but I cannot state whether he was shipped on board of the United States, or was transferred. I cannot state how long he was on board; he did no other duty than to wait upon some of the officers. The Mahonese were in the habit of shipping only for the cruise, and I think it was the case of Lassano. I do not remember how soon after the flogging he left the ship -- I gave the order immediately on receiving it. I made no report to the Secretary of the Navy of the number of lashes inflicted; I did make report to the commodore; it was then he mentioned the offence. I do not remember that either Lieut. Hunter or Davis were {sic} present at the time of the whipping. I took no steps to ascertain that the order communicated to me was other then correct. I do not remember to have seen Lassano shortly after he left the ship "By the Judge Advocate.-- I did not state, in my communication with Com. Elliott, by whose order I inflicted the punishment; I considered it unnecessary; I informed him that I had executed his order of the punishment, and it was then he stated the alleged offence on shore, and the injury done to one the commodore's servants. The commodore mentioned the particulars, but I do not remember them. "Passed Midshipman {Charles Crillon} Barton, sworn.-- [The charges and specifications upon which it was intended to examine the witness were first read to him.] "I am a passed midshipman in the navy of the U.S. I was brought alongside of the frigate Constitution on the 30th November, wounded with a rifle pistol ball in the right leg. After some consultation between the Surgeon Boyd and Lieut. (now Commander) Boerum, I was put in a cot and hoisted on board, by a whip from the main yard, suffering at the time very great agony. I was taken down the hatch forward of the mainmast, to the starboard side of the half deck, and there had the greater part of the balls {sic} extracted by Fleet Surgeon Boyd. At the time I went on board Com. Elliott was absent. My reason for going there was to prevent having my wound probed in sight of my antagonist; and knowing that it was customary in the service -- [The witness was here stopped and required to confine himself to the facts of the case.] -- Com. Elliott returned on board in about an hour and a half, when Surgeon Boyd came to me and said that the commodore had peremptorily ordered me out of the ship. I told him for God's sake to remonstrate with the commodore. He went and returned in some little time and said it was no use, I must go. I told him I was prepared to go, and was taken up at the same hatch through which I was admitted. I told Lieut. Colhoun, the officer in charge of the deck, to be careful of me, that I was dying. I was hoisted into a boat -- I believe a quarter boat -- suffering the most horrible pain conceivable, the blood gushing madly through my bandage. It is impossible to state what I did suffer, owing to the seesaw motion. Before leaving the Constitution, I applied to see Com. Elliott, through Midshipman Cook {Passed Midshipman James Wallace Cooke}; Mr. C. returned to my cot and said that he (Com. Elliott) would not see me. I was taken alongside the Shark, still suffering immense pan, and hoisted aboard from the fore yard, and taken after to the quarter-deck. The hatch was too small to admit me lengthwise, and was put down head foremost, in an inclination of about 60 degrees. I remained in the Shark about five days, and was then removed to the shore, having experienced on board the Shark the utmost kindness and care of my physicians. Lieut. Bushrod W. Hunter and another accompanied me to the shore. I was taken to a Greek boarding house, about a quarter of a mile from the landing, there shifted from the cot to a bed, still suffering from these constant removals. Surgeons Boyd and Egbert were exceedingly kind, and considerate in their attentions while the squadron remained there. This was at Smyrna. The squadron sailed about the 5th of January, 1836. There was then near three months' pay, $161, left in the hands of Consul {David} Offley to defray my expenses. There was no bill of credit, except a note, left in the hands of Consul Offley by the purser of the Shark -- a copy of which note, in the handwriting of Consul Offley, is attached to the record. Com. Elliott left me no bill of credit, nor was this not even countersigned by him. "I was unable to procure pay; it was virtually protested {sic} by Consul Offley; I never received one stiver of it; I left in December. 1836, having in the first 4 months of my confinement sold many articles of apparel to purchase me the necessary dressings for my wounded limbs {sic}. The time I now speak of was between 3 and 4 months from the time of the hurt; I was in abject poverty; no American merchant, except one, Mr. Stith, since deceased, came to see me; I addressed a letter to Capt. Tompkins, who commanded a British corvette, to send me a surgeon; he did so; I was visited by two British surgeons, who wished to take my leg off, after examining my wounds; I refused to submit to their suggestions, but underwent an operation that saved it; about the 22d of September I applied to a captain by the name of Anderson, who commanded the Hero of New Orleans , for a passage to the United States, to whom I stated I had no money, but would some time pay him; he was subsequently paid by the Hon. Mahlon Dickerson, Secretary of the Navy, out of the funds of the Government; I reached New York about the 8th of November, 1836; and reported myself to the Secretary of the Navy; I had nearly seventy pieces of bone, large and small, taken from my leg; the last piece of which was taken out on board the United States ship North Carolina, by {Assistant} Surgeon {Thomas} M. Potter, the present year. "By the Judge Advocate.-- While on board the Constitution Surgeon Boyd informed me that to Com. Elliott; I was confined to my bed while at Smyrna nearly four months in one position; I left my boarding house at the end of four months for the house of Mr. Stith; I remained there going on six months, and paid a dollar a day, by a draft given me to Mr. Stith, on the 4th Auditor, to be deducted out of the pay then due me; after my pay gave out I procured money through Mr. Stith; some of it came from Consul Offley; the whole amount of money,, including boarding, was $281, and was included in the draft on the 4th Auditor, except the surgeon's bill; which was subsequently paid by the Government, the draft was drawn a few days before leaving Smyrna; it may have been a few weeks. [The copy of the bill of credit sent the witness by Consul Offley was here shown and identified, and when read stated in substance that he (Barton) had been suspended for six months -- the that purse of the Shark had left for his (Barton's) use his pay up to April, which, should it not be enough, the purser acknowledges himself liable to any amount drawn on him, that may not exceed $750; a letter was also read from Consul Offley to Barton which stated that Offley had received a letter from Com. Elliott, which requested him to inform Barton that the squadron would be at Malta in October, and if he (Barton) was well enough he could then join it. The certificates of the British surgeons were read, stating that Mr. Barton's wounds would incapacitate him for service for a year at least. A certificate was also read from Mr. Stith, averring the Mr. Barton was without money and unable to reach Malta in time to meet the squadron there. "By the accused.-- [The first question put to the witness was an inquiry as to whether he had not been court martialed for cruelty, and using provoking and insulting language to the clerk of the commodore, and for stabbing with his dirk one of the men. The Court was cleared, and the question on its opening declared to be inadmissible.] I received my wound in a duel with Passed Midshipman Wood; I had not been ordered by the steward not to go on shore at the time I left to meet Mr. Wood; I do not know that I was tried by a court martial for dueling -- it might have been by proxy -- Consul Offley said I was; I do not know of my own knowledge that all the others engaged in a duel were tried and punished; Passed Midshipman Wood has since deceased. I was hoisted out of the Constitution in the same manner that I was hoisted in; my removals were conducted with care by those who superintended them; Dr. Boyd remained with me constantly, except on the occasion that he went to Com. Elliott, at my request; I said many things to Dr. Boyd, more than I have mentioned; I begged him to remember the manner I was turned out of the Constitution, fresh in his memory; this is the principal request I made of him -- I, however, said many things; Drs. Boyd and Egbert both attended me during my stay on board the Shark; I was removed to the shore by Dr, Boyd, perhaps at my own request, but of this I am not certain; it was at the recommendation of Dr. Boyd; I believe my boarding house at Smyrna was selected by Dr. Boyd; it was not a comfortable one, because the lady who kept it, after she found I had no money, ordered me t o get up and leave it, I stunk so bad; I was attended by Drs. Boyd and Egbert during the stay of the squadron; I cannot say that I was doing well; I expected to die every moment when the squadron left; I was not left at my own request, that I remember. {A letter was here read, written by Dr. Boyd, which stated that he was doing well when the squadron left, and that he was left at Smyrna at his own request.] Consul Offley said that the purser's letter was not a letter of credit -- I did not say so -- I say it is; when I say that no bill of credit emanated from Com. Elliott, I do not mean to say that Com. Elliott did not order the purser to leave one; the purser left the bill of credit with Consul Offley -- he did not leave it with me; I regarded the note left by the purser, and urgently represented it, as a bill of credit; if the consul had responded to the bill of credit, it would have been ample for all my necessities; I took no means to inform Com. Elliott that the note of the purser had been dishonored -- the squadron had gone down the Mediterranean, and I thought it was of no use; I received no money directly from the consul -- it all came through the intervention of the late Mr. Stith, and I gave no other voucher than the draft before mentioned; the money furnished me by Mr. Stith was not from Mr. Stith's own funds but was extorted from the consul by the urgent notes t hat I addressed to him, and for the amount of which Mr. Stith made himself liable; I did not receive orders from Com. Elliott to join the squadron at Malta, if my health permitted; I received a note from the consul which said that Com. Elliott stated that I could meet the Shark at Malta, if my health permitted; it was not official and I did not so regard it; I had no directions when the squadron left what course I should pursue; I considered myself cast off, and pursued the feeling uppermost with me; I had no orders from the Secretary of the Navy while at Smyrna; I did not request the captain of the Hero to stop at Malta on his way down that I might join the Shark; my going on board the Hero at Smyrna was not attended with any great pan or difficulty; I was upon crutches; we were within fifteen miles of Malta on our way down; the Hero was a schooner of 120 tons; the Shark was much larger; when I went on board the Constitution I was not preceded or accompanied by orders from my commander for sick quarters on board that ship; I went to the Constitution for two reasons, in preference to the Shark, to which I was attached -- the first, to avoid he mortification of having my wound probed in the presence of my antagonist -- the second, because it is usual to remove a sick officer from a smaller to a larger vessel, particularly if his life is in danger, and because I preferred throwing myself upon the kindness and generosity of Com. Elliott to going to the Shark where was my antagonist; the Constitution was nearer to where the accident took place to where I was coming from, than the Shark; at the time I was wounded in the duel I was attaché to the Shark. "The Court adjourned to 10 o'clock to-morrow (Wednesday) morni
"Passed Midshipman William T. Muse, sworn.-- [The charges and specifications upon which it was intended to examine the witness were first read -- which were that part of the accusations having relation to the removal of Passed Midshipman Barton; the acceptance of a service of plate from part of the crew of the Constitution; the bringing home of certain animals, and employing the time of the men in the Service of the United States in taking care of said animals, and in using of the public stores by the accused for own private use; and in being present at a mutiny, and taking no means to suppress it.] "All that I know of the case of Mr. Barton, was his being brought alongside of the Shark, taken on board, and put down the ward room hatch in a cot in a wounded state. He appeared at the time to be in great agony. This is all I know of this case. "I knew nothing about the plate further than that there was plate exhibited on board of the Constitution at Lisbon, said to have been presented to the commodore, with an inscription upon it; what the inscription was I cannot recollect. I saw it in the cabin of the Constitution. "About the 13th of June, 1838, I know that horses, jacks, &c., were hoisted on board of the Constitution, at Mahon, and were put on the gun deck. But as well as I can remember, they were placed between the guns, in stalls, on the starboard and larboard sides of the ship. Some, I believe, were placed amidship; the exact number I am not certain of. We sailed on the 15th. This arrangement of the horses continued until after our leaving Madeira, when I think the horses were taken from amidships and placed between the guns, with the exception of one or two. We arrived in the United States the 31st of July. On that day all the animals were taken from the Constitution into Hampton. The men and boats of the ship were, some of them, employed for the purpose. I went on shore that night by permission. On my return to the ship, I was told by the officers of some disturbance. While talking of it, I heard a rush aft by the men, and fearing, from what I had heard, that something serious was to take place, I ran on deck with a cutlass, and met the men at the fiferail; I asked what was the matter; they replied that they were after Ennis; swearing vengeance against him, and declaring that they would not be satisfied unless he was given up to them to be hung. They were very disorderly while at the fiferail, which disorder continued more or less during the night. I was witness of it till about 12 o'clock. "By the Judge Advocate.-- Preparations were made for arming the officers that night. I was fearful, and suggested to Lieut. Bullus, should an attack be made during the night by the men upon some of the obnoxious officers, (knowing that the presence of the officers commanded no respect,) that the officers arm themselves, which was done. I had myself some ten or twelve pistols loaded, which I gave to some of the officers. I knew nothing of the master at arms being beaten. The next day, at Norfolk, while preparations were making to moor ship, word was passed for all those men whose time had expired, to muster aft on the quarter deck. Capt. {sic} Bullus excused the non-appearance of the commodore, in consequence of some of his family being on board, and said he was desired by the commodore to express his approbation of their conduct. "By the accused.-- I do not of my own knowledge know that Midshipman Barton's wound at the time he came on board the Shark was in splints; I noticed nothing particular about the cot upon which he was lowered -- do not know whether it was soiled or clean; I did not observe that 'the blood was madly gushing from the bandages;' I do not recollect who accompanied him from the Constitution to the Shark; the movement of Midshipman Barton both to and from the Shark was the easiest possible for his wounded limb; there were 30 or 40 men drunk at Hampton Roads -- I do not recollect to have seen any of the men drinking on shore, but I saw them drunk and carousing; the gunner is the only officer I recollect who had charge of the men while landing the animals; no one had charge of the men whom I saw drunk and carousing on shore; I noticed no officer with them; I believe t hat all the disorder with the men was attributable to their getting liquor on shore; I went to Hampton about three hours after the ship anchored, visit the place; Mr. Dulany and the second gig's crew accompanied me to the shore; the ship came to anchor a little nearer to Hampton than the usual anchoring ground for men-of-war in the Roads; I remained from the ship three or four hours; I left the ship about 3 o'clock; I returned in the gig, accompanied by Mr. Dulany; the intoxicated men were fighting among themselves -- I know of no combination against the officers; I saw no disposition to take possession of the ship, nor to resist the authority of the officers; I did not see, nor do I know that Com. Elliott put any of the men in irons; Ennis, I believe, was put in irons for his own safety; Capt. Boerum and Com. Elliott, I believe, were on deck, also Lieut. B. W. Hunter and others; Captain Boerum I made my reports to, and I considered him the commander of the ship; the marine guard were not called out during the disorder at Hampton -- why they were not, I do not know; the ship had not her full complement of men during the voyage home; I know nothing of the number of men whose terms of service expired while at Mahon, nor the decision then adopted to compel them to do duty. "By the Judge Advocate.-- I am fully of the impression that the ship could have gone up to Norfolk when we stopped at Hampton -- we were before the wind and the tide was favorable; we had a pilot on board, but I do not recollect hearing him say that we could have gone up that tide; the men disliked Mr. Bullus and Mr. {Lieutenant Henry A.} Steele very much -- they might have been obnoxious to the crew, but I do not know that they were so; I do not remember the draft of water the frigate drew, nor do I remember the time of that day that it was high tide; I do not think we could have gone up, except a high tide; I was acting master of the Constitution. "Midshipman Edward C. Anderson, sworn.-- [The charges and specifications against the accused, so far as the witness was acquainted with them, were first read.]-- I saw Passed Midshipman Barton brought on board the Constitution; I was told that he had been wounded in a duel; he was placed in a cot, on the starboard side of the main deck, between two guns; I held his leg during a portion of the time that the Doctor was performing the operation -- becoming fatigued, I was relieved by Midshipman Maffit; Midshipman Barton appeared to suffer much pain; shortly after he was sent to the Shark; I did not see him again till he went to the shore, where I saw him at a boarding house at Smyrna; there was a subscription taken up on board of the Constitution for some plate; the subscription commenced at Mahon; the plate was purchased and brought on board at Lisbon -- it was placed on the berth deck, that the crew might see it; the inscription was nearly the same as you have read; I saw the plate in the main deck cabin twice -- once on the sideboard, once upon the table. The animals were brought on board at Mahon and placed first amidship; Lieut. Bullus told me I was appointed mate of the deck; previously I had been the commodore's aid; I requested to be relieved from the gun deck and to be put on watch; the animals were removed to stalls between the guns; I think there were 23 in all; there were 7 guns on the main deck on the larboard side disabled -- the same number on the starboard side; I left the deck and was placed upon watch; this was the first afternoon out; to the best of my recollection the stalls were fastened to the trucks of the cannon; the upper part of the stalls were attached to the beams of the gun carriage overhead {sic}, and I think that some of them wee fastened to the tracks {sic}; we arrived at Hampton Roads and anchored below Fortress Monroe; the boats were then hoisted out; shortly afterwards the animals were also hoisted out; they were placed in the boats and landed at a small village abreast of the ship; the stalls were then taken down; at about 5 o'clock the boats returned to the vessel -- many of the men were very noisy, and one of the men was chasing the musicians about; I heard a noise on deck which I understood to arise from the men killing the master at arms; he took refuge in the wardroom; the men were throwing their mess things about; they were ordered off and went to the spar deck; towards night there was much fighting; there were three men confined between the guns on the starboard side; when the hammocks were piped down these men were released by the crew and taken forward; later than this I saw a crowd rushing on the gun deck' they seemed in pursuit of a Negro named Ennis; they were trying to strike him with a 'tub;' Midshipman {Charles} Wager, myself and another interfered; the man was then placed between the wheels double ironed; his head was cut and bleeding; the uproar continued till near 11 o'clock; the men, when I interfered, appeared to be forcing him down the hatchway; several men laid hold of him and appeared to be forcing him down the hatch while one was striking him; their hatred, I think, of the black arose from his having some time previously cut one of the crew. "The deck was very black after the stalls were taken down, and covered with a black slimy filth. The stalls were taken forward. What became of them I do not know. Shortly after the men were released. I saw Com. Elliott going forward accompanied by Lieut. Bullus, myself and another. We went on to the forecastle, when Com. Elliott state to the crew that they had broken the regulations of the ship, and that they must take the men back where they had found them. He said to them that discipline must be preserved -- that the ship should be taken up to Norfolk in the morning, and they must be discharged -- that a steamer had been sent for, for the purpose. The men were not taken back. The crew retreated when the commodore first approached them -- the ship was very noisy at the time. There were several replies to the commodore of 'No, no.' They threatened Ennis -- a man by the name of Birch saying, 'Kill the negro.' I do not remember the number of men, nor how long they were employed in taking charge of the animals at Mahon. There were 8 or 9 of them employed in taking care of them on board of the Constitution. They were, I believe, excused from watch -- whether they were excused from quarters or not, I cannot say. Captain Boerum's speech to the men on the 1st of August was, that the commodore was pleased with the conduct of the men -- that they had done their duty, and were at liberty to go on shore. "By the accused.-- Previous to the disturbance, at Hampton, the men had done their duty. I remained beside Midshipman Barton during the dressing of his wound until I became fatigued; his leg required to be held very firmly. Midshipman Barton had a very small room on shore, though I thought him very comfortably situated, except being alone. Consul Offley is dead. I do not know what his character for kindness towards his own countrymen was; I thought him rather a stern man; I saw a subscription list for plate; but whether it was the f irst or second I do not know. I think I saw but one. I cannot say how many signatures it had. I do not know the motives that induced the men to make the present to Commodore Elliott. The carpenter superintended the putting up of the stalls. I do not remember the state of the tide when we arrived at Hampton; the wind was fresh and fair. The wind was not ahead when we anchored, nor to I know that it was so afterwards.. A large portion of the men were intoxicated; how many I cannot say. I do not know that the three men who were confined between the guns on the quarterdeck were intoxicated; one of them had been very insolent to the boatswain. When I say confined, I mean that they were in irons. I cannot say whether the men were or were not intoxicated at the time the commodore was addressing them on the forecastle. I did not hear the men promise to behave themselves if the commodore would not iron them. I did not hear them tell the commodore that their times were out. I did not see the commodore and Captain Bullus in consultation after they left the men. I saw no personal violence towards the officers -- no orders were obeyed. I considered that the crew had possession of the ship. What I mean by the crew having possession of the ship, is that they appeared to be doing as they pleased, and that there was an end to all subordination. The marines were not turned out to restore order; why, I do not know. The times of many of them, I believe, were out. The following morning the men were more orderly. When we anchored, they were something noisy aloft. The ship was got underway for Norfolk very well. I don't know that a boat was sent for during the disorder at Hampton Roads, to set the men whose times had expired on shore. I don't know what officers had charge of the men during the landing of the animals. I remained on board the Constitution 17 or 18 days after her arrival at Norfolk, and until all the officers had left. After the stalls were taken down, the decks were washed down. The vessel was in as good order when handed over to Captain {J. P.} Zantzinger as vessels usually are that are delivered to the dock yard.. The guns, I thought, looked badly. "The Court adjourned till 10 o'clock to-morrow (Thursday) morning.'" (Pages 337-41.)
"Reported for the Public Ledger. "NAVAL GENERAL COURT MARTIAL, "at Philadelphia. "TRIAL OF COMMODORE ELLIOT. "Thursday, May 21.-- The court met pursuant to adjournment of yesterday. Present all its members, the Judge Advocate, and the accused. The minutes of the proceedings of yesterday were read by the Judge Advocate. "Lieut. {Charles} Gordon, sworn.-- [The charges and specifications upon which it was intended go examine the witness, were read.] "I was present at the race about the 14th of April, 1837, and saw the race run. After the horses came out, I discovered that there was a great difference of opinion as to whether the horse was distanced or not. I went in company with Lieut. Chas. G. Hunter to the judges stationed at the distance line. Lieut. Hunter called one of the judges down from the wall, and asked upon which side of the line was when the mare ran out and the flag was dropped. The judge pointed to that side of the line which saved the distance. Lt. Hunter said, then the horse is not distanced; Mr. B. W. Hunter said it was as fair a distance as he had ever seen. Lt. Charles Hunter then remarked, 'by G_d, it is no distance.' Mr. B. W. Hunter replied, it is well, you may say so now. About this time Com. Elliott called to Lieut. Charles Hunter, and told him not to separate the gentleman from the officer. Lt. Hunter replied, 'Com. Elliott, I never separate the gentleman from the officer.' 'You do, sir, you are doing it now,' and said several times while shaking his cane in a threatening manner, 'silence, sir,' and ordered him to go on board of his ship. I went with him to his horse, and I believe he went to the ship. "By the Judge Advocate.-- "the distance between them was from 6 to 10 feet. Com. Elliott, in shaking his cane, had his arm extended toward Lt. Hunter, grasping nearly by the middle, the end a little inclined towards Lieut. Hunter. Com. Elliott's manner while shaking his cane was violent; he appeared to be excited. "By the accused.-- I was attached to the frigate U. States, and was a messmate of Lieut. Hunter. I did not notice that several distinguished officers with Gen. Ogregon, the Governor of the island, were present at the time of the altercation. I did not understand the meaning of the expression of B. W. Hunter, 'you may well say so now.' I do not think Com. Elliott could possibly have reached Lt. Hunter with his cane, had he extended it its full length. I do not recollect whether the American officers at the race had their uniforms on or not. "Lieut. {Hillary H.} Rhodes, sworn.-- [The charges and specifications against the accused, upon which it was intended to examine the witness, were read.] "I was on the race-course near Mahon, the middle of April, 1837. I was standing near Lieut. Hunter, who was in conversation with Master Bushrod W. Hunter. I heard Lt. Hunter say to B. W. Hunter, 'By G_d, it is no such thing.' My attention was drawn to Com. Elliott, who was sitting on a jack, about 10 or 15 feet distant, ordering Lieut. Hunter to keep silence -- not to separate the officer from the gentleman. Lieut. Hunter replied, in affirm but respectful manner, 'I have not separated the officer from the gentleman, and never do,' "'You, sir, and are doing it now.' "'I am not, sir.' "'You are, sir,' at the same time shaking his cane at him in an angry and threatening manner, the commodore ordered him to his ship. "By the accused.-- Lieut. Hunter was standing in the middle of the track at the time of the conversation I have related between him and B. W. Hunter. I belonged to the frigate United States, and was t he messmate of Lieut. Hunter. I did not hear Bushrod Hunter's reply when Lieut. Hunter said, 'by G_d, it was no such thing.' Lieut. Hunter's manner is always expressive -- always forcible. His tone of voice to B. W. Hunter was loud. Lieut. Hunter's manner upon the occasion was forcible, as if in argument. His manner to Com. Elliott was positive, but respectful. It was not altered when directed at Com. Elliott from what it was when addressing B. W. Hunter. "By the Judge Advocate.-- "I do not mean to sat that in not altering his manner when addressing the commodore, from what it was when disputing with B. W. Hunter, that Lieut. Hunter was disrespectful to the commodore. "By the accused.-- 'It is no mark of disrespect for a junior officer to twice forcibly contradict a superior, under the existing circumstances of this case. "Lieut. Jno. Colhoun.-- [The charges and specifications against the accused, so far as it was purposed to examine the witness on them, were read.]-- I was officer of the deck when Mr. Barton was brought alongside of the Constitution; Midshipman {Cadwallader} Ringgold, who accompanied Mr. B., reported to me that he had brought him from the shore wounded; I directed him to report to first Lt. Boerum -- Lieut. B. immediately came upon deck and reported to Fleet Surgeon Boyd who went down into the boat and examined his wound; he came up and made his report to Mr. Boerum; Mr. B. ordered me to have him taken on deck, which I did; Com. Elliott was then absent from the ship, and returned in about half an hour afterwards; I know nothing of that occurred until half an hour after, when I was ordered to send him to the Shark; in one of our largest boats, which order was obeyed; he appeared to suffer great pain. "By the Judge Advocate.-- First Lieut. Boerum gave me the order to remove Mr. Barton to he Shark; I saw Mr. B. after his removal to his lodgings in Smyrna, for a few minutes, once; all the directions of the manner of the removal of Mr. Barton emanated from me; Dr. Boyd, to my knowledge, or to my recollection, gave no advise as the manner of hoisting him in or out. I saw the plate mentioned once exhibited upon the berth deck, and I afterwards saw it upon the sideboard in Com. Elliott's cabin. All that I know of Chaplain Lambert's case is, that I was in the ward room when he received the order, after all hands had been called to get under way; I know nothing of his leaving, the time, or the state of the weather; I lent him a large chest to take his clothes in. "By the accused.-- I think that Dr. [Assistant Surgeon Robert} Woodworth was along when Mr. Barton was sent to the Shark. I do not recollect the distance of the Shark from the Constitution at the time; she laid inside, nearer to Smyrna. I thik the first or second cutter was used for the removal of Mr. B.; it would have held a dozen persons. Two midshipmen, and there may have been an assistant surgeon, accompanied him in the removal. I received the order to get out the cutter, which was stowed, from Capt. Boerum. I think it could have been taken out without the special order of the commodore, had necessity required it. I did not observe that his leg had been bandaged before coming on board the Constitution. The accommodations of Midshipman Barton on shore were as good as could have been found there. They were near the centre {sic} of town. They were not far from the house which the American officers were in the habit of frequenting for accommodations. Midshipman Barton was much more comfortable on shore than he could have been made aboard the Shark. Chaplain Lambert, I think, received his orders for the Shark after 5 o'clock in the afternoon; it was some time after dinner; he showed them to me after dinner, and said he had that moment received them. I did not see them handed to him. The hour for dining was 3 o'clock. The Constitution was at anchor when Chaplain Lambert received his orders, but all hands had been called to get underway. I cannot recollect what time elapsed from the time of the Chaplain's receiving his orders and the ship's getting under way. I do not know how long the boat was waiting alongside for him. I was not on deck, and know nothing whether the ship was hove to or not, to let him off. I do not recollect the length of time that elapsed after the orders were shown me, and his quitting the ship, nor do I know whether we were or were not, in the harbor of Suda. I took leave of him by bidding him good-bye, in about three quarters of an hour after he had shown me his orders. Our Minister to France, Mr. Cass, and family, were on board the Constitution at the time Chaplain Lambert received his orders to leave. I do not know that any other officers were ordered from the Constitution to, and left, the Shark at the same time the chaplain left. "Passed Midshipman Daniel F. Dulaney, sworn.-- [The charges and specifications against the accused upon which it was purposed to examine, were first read to him.] "I joined the Constitution under Com. Elliott about four months previous to her leaving the Mediterranean. We had on board at the time of leaving Mahon, twenty-two jacks and horses, all of which I believe, with but one exception, were placed amidships on the gun deck. At Gibraltar we received an addition to these of a mare; stalls were erected between the guns on each side, seven on one side, six on the other, and one amidships. I do not know that they were erected before or after leaving Madeira. The animals, except one that died on the passage, were landed at Hampton Roads on the 31st July, 1838, immediately upon landing, at about ten o'clock. They were landed in the first cutter and the launch. "Shortly after the boats left the ship the second time, Mr. Muse and myself went to Hampton, by permission; we found the men landing the animals; after a walk into the country, we returned at five o'clock; we saw many of the men intoxicated -- several of them were in a quarrel with the tavernkeeper; I ordered them into the launch, and made them shove off to the ship; they were unaccompanied by an officer; most of the crew had gone into the country with the animals; I remained in Hampton till about sunset, when I went on board; I found the men on board riotous, many of them drunk; I went below, and shortly after, about 8 o'clock, I heard a rush on deck; some one, I believe an officer, cried out mutiny; I immediately repaired to the gun deck, taking a cutlass from the rack as I went up; I found the men assailing Thomas Ennis; the men were ordered forward -- many of them refused to go, and swore that they would hang Ennis that night; I staid {sic} on the spar deck about ten minutes; the men were cursing Lieuts., Bullus, Steele, and Midshipman {Passed Midshipman Edward} Middleton; this was near 10 o'clock; there was a group of men on the starboard side, one of whom exclaimed, by G_d will kill Lieut. Bullus; I ordered them to their hammocks; they refused to go, saying that their times were out, and that they would do as they pleased, which I reported to Mr. Bullus, who appeared greatly excited, and requested me to tell the officers to arm themselves with a pair of pistols each, which most of them did; at half past 10, Lieut. Bullus sent for me in the ward-room, and requested me to remain with hi, as he thought himself in danger, which I did till near 12 o'clock, when the ship becoming apparently quiet, I went to bed; the next morning we had orders to holy-stone the gun-deck; the men refused to do it, and many of them came down upon the berth deck, swearing very boisterously that if the ship was not taken up they would take her up themselves; about 12 o'clock a crowd of men rushed down the ladder, saying they would get the ship underway, pilot or no pilot; a part of them went to the main hatch, got up the nippers, &c., the officers of the deck at the time ordering them to desist; shortly after, about 1 o'clock, all hands were called to up anchor; we came to between the forts about 3 o'clock; many shore boats came alongside, and several of the boats were employed in setting the men on shore; many of the men refused to go aloft; I left the ship in a day or two. "By the Judge Advocate.-- I was below, and did not hear Commander Boerum address the crew; the animals, I understand, were taken out of Hampton to a farm near by; a part of the crew accompanied the animals, but I do not know that they remained with them. I heard the crew, many of them, cursing Mr. Bullus and Mr. Middleton in their presence -- said that they had been treated d__d rascally by all the officers -- that they thought it a poor reward from Com. Elliott after what they had given him -- that this is what they got for giving plate, &c. I considered that on the night after our landing, and the following morning, the ship was in the hands of the crew; they refused to obey orders, doing only what they pleased. "By the accused.-- I was present when the Andalusian mare and a part of the jacks were purchased; I cannot particularly classify all the animals; I believe there was an Arabian horse, four Arabian mares, 8 jacks, and 4 jennies, with the same number of colts; I had frequent conversations with the commodore as to his object in bringing home these animals, and at his request wrote home to my friends in Virginia, informing them that the commodore was bringing over some fine ones; it was thought that one would be of advantage to my part of Virginia; I, of my own accord, took care of these animals while at Mahon; the guns could have been run in, but I do not recollect to have seen them run in during the passage; the stalls were not so constructed as to prevent the guns being run in very easily; the ship I considered in good discipline until we arrived in the Roads; no disorder occurred in the ship until after the men returned from the shore intoxicated; I think that I saw forty men drunk that night; I was not well enough acquainted with them to say that they were or were not principally of those whose times had expired; several threatened the life of Lt. Bullus, some of whom were drunk, others excited with rage; the enmity of the men to Ennis was in consequence of his having previously stabbed a white man -- one of the crew; Lieut. Bullus informed me that he had repeatedly reported the case -- I presume to Commander Boerum; he said he was anxious to order out the marine guard, but that he was not permitted to do so; I did not know that the wind had suddenly shifted at the time the men evinced their eagerness to get the ship under way; it was understood that we would get under way as soon as the tide served; Commander Boerum, during all the time that I was on board, received reports and was commander of the ship; Com. Elliott did not receive reports or witness punishment as commander of the ship; Com. Elliott's daughter came on board while we were on our way up, immediately before anchoring; the noise was gradually subsiding, when, at 12 o'clock, I retired to bed on the night of the 31st; I retired from the ward room, and was not up till day-light; I had charge of the berth deck, spirit room, and hold; I came home on board of a vessel of war, the Vandalia, in which there were two goats, bought about seven months since.
"Some exception was taken to the course pursued by the Judge Advocate, by the counsel of the accused, to the effect that in asking questions of the witnesses called, he assumed the character of a public prosecutor. The Court was ordered to be cleared, when after half an hour's deliberation, it was again opened, and gave an opinion, as far as we understood it, adverse to the exceptions taken by the accused. "Dr. Woodward {sic: Assistant Surgeon Robert Woodworth}, sworn.-- [The charges and specifications against the accused were first read to the witness.] "I was present at the meeting between Mr. Wood and Mr. Barton, which occurred in the latter part of the autumn of 1835. I saw the wound when it first occurred; it was a gunshot wound, fracturing the tibia, causing a compound fracture; the ball entered about three inches below the knee joint; the bone was very much shattered; I then applied temporary dressings, and with the assistance of some of the crew of the Shark's launch he was carried to the boat; previously I gave him an opiate; he complained very much of pain; I was assisted by the crew composing the Shark's launch, in carrying him to the boat; the time occupied in the removal may have been five minutes; on reaching the water near which was a house, I proposed to take him to the house and again examine the wound, for the purpose of removing the ball; he refused, and insisted on going to the Constitution; he was then placed in the bottom of the boat, and we sailed off to the Constitution. Lieut. Boerum and Dr. Boyd came to the gangway; Dr. B. inquired the nature of the wound; I reported it from the boat, when a cot was lowered for the purpose of hoisting him on board. This occasioned some detention, during which Mr. B. complained very much of the pain of his wound. I assisted in placing him in the cot, and he was then hoisted on board, passed down the main hatch, and carried to the starboard side of the gun deck; his clothes were removed and his wound again examined. Dr. B. removed the ball by a counter opening; splints and bandages were applied to the leg. The commodore then arrived; very shortly afterwards Mr. B. was ordered t o leave the ship; he protested against it, and requested the doctor to enlist the commodore's sympathies in his behalf; the reply was that he must leave the ship, which he did in about two hours. He was lowered one of the quarter boats on his cot, and I, by order, accompanied him to the Shark. The same process was gone through with in taking on board the Shark, and taken to the steerage. His symptoms were much aggravated by these removals; he complained of great pain, and was delirious. I did not see him again till his removal on shore, at his lodgings in Smyrna. He was attended by Drs. Boyd and Egbert; his room was a very comfortable one; I saw him the day previous to our sailing, at which time he was laboring under the symptoms of scarlet fever; the wound was doing as well as could be expected; he was left in charge of a physician resident in Smyrna. "By the Judge Advocate.-- Mr. Barton received his wound opposite the town of Smyrna, on the other side of the bay. I consulted with Dr. Boyd and {Assistant Surgeon Victor} Godon upon the subject of the removal. And we were all of the opinion that it would be accompanied with great danger. I went into the steerage of the Shark at the time Mr. Barton was lowered into it; I do not know its size nor the number of officers who lived in it. "By the accused.-- I was apprised that a hostile meeting was to take place between Messrs. Wood and Barton the evening previous to its occurrence, by Midshipman Ringgold; I had no understanding previously with Mr. Barton, that should he be wounded he should be taken to the Constitution in preference to the town of Smyrna or the Shark; what number of the Shark's men witnessed the duel I cannot say; there were some hid in the bushes; there might have been as many as eight or ten; there many other spectators, strangers; the only officers present were the friends of the parties concerned in the duel; there might have been twenty of these strangers, spectators, present, but they were engaged in their occupations, and whether it attracted their attention I cannot say; they were in sight and might have seen; they were working in the fields. I dressed and bandaged Mr. Barton's wound on the field. I administered to him some cordial stimulant; what, or how much, I cannot say. We took him to the Constitution solely for the reason that he insisted upon going there; the distance from the Constitution to the Shark was not great, not more than one or two hundred yards; the wind was blowing very fresh, and we were going swiftly but not very steadily through the water. I think it would have occupied twenty minutes to have reached the Shark from the time that we left the shore; we could have reached the Shark in two or three minutes after passing the Constitution. About one hour elapsed from the time of the receipt of the wound to the extraction of the ball. The wound was carefully splintered and bandaged by Dr. Godon and myself; it became necessary, in consequence of the inflammation of the limb, to remove the bandage, but I do not know at what time; I think, however, that it was while he was on board the Shark. Inflammation, to a certain extent, was to be expected from such a wound, under any kind of treatment; I do not know that the bandaging by Dr. Boyd was so imperfect as to permit the blood to flow openly through it; if there was a flow of blood, it was not the consequence of imperfect bandaging; the hemorrhage was very slight; there was no artery wounded, and I did not discover the blood flowing freely through the bandage. "I did not see the limb during the removal; it was covered by the clothes of the cot. I saw the bandaged limb on board the Shark; there were marks of blood upon it, but not enough to occasion any alarm. The expression of 'the blood gushing madly through the bandages,' is figurative, and to one unaccustomed to the sight of blood, might have so appeared. All of the effects of the wound were not developed in the system of the time of the removal from the Constitution -- others were to be anticipated in the course of time. I think the removal probably had a tendency to aggravate the after symptoms; there was probably increased inflammation, both in extent and intensity. The inflammation continued as long as we remained at Smyrna. I cannot answer of my own personal knowledge whether the removal of Mr. Barton from the Shark to the shore had a tendency to increase inflammation. I do not recollect the time that intervened before his latter removal. I cannot answer specifically whether the increased inflammation was owing to the removal to the removal from the Constitution, or removal from the Shark, or whether it was equally attributable to both removals. The bandages were removed before leaving the Shark, in consequence of inflammation, but whether it was immediately previous to removal, I cannot say. Com. Elliott arrived on board ship within a half to an hour after extracting the ball. Midshipman Barton was hoisted out of the Constitution after the commodore came on board, in the same cot and in the same [way] that he was taken on board before the commodore came on board. I do not know the length of time that elapsed after he went on board the Shark till his removal to the shore. The mere motion of the ship while lying at anchor, would not affect the wounded limb, if proper means were taken to prevent it. The steerage of the Shark would accommodate four cots. The quarters of Midshipman Barton on shore were comfortable, and better than any he could have had on board the Shark. At the time of the duel there was a French, an Austrian, an English, and I believe a Russian vessel lying at Smyrna. I had but a slight acquaintance with Mr. Offley, the then American consul at Smyrna; I know very little of his character for kindness and hospitality among his countrymen. I know nothing of he provision made for the support of Mr. Barton, by the purser. I know nothing subsisting between the purser and Mr. Barton, leaving it to be inferred that the purser would intentionally make informal arrangements. "Midshipman Adam Hubley Jenkins, sworn.-- [The charges and specifications against the accused, upon which it was purposed to examine the witness, were read.] "I had been on shore, and returned to the ship about the time that Mr. Barton was being hoisted up the main hatch and down into the boat. I think Mr. {Passed Midshipman Montgomery} Lewis was officer of the boat. I did not see him again until I saw him in a room in Smyrna. The doctor was attending him then. "By the Judge Advocate.-- To the best of my recollection it was two or three days before the ship's sailing that I saw him; he was then in low spirits and suffering much pain. I know nothing of the plate except having seen it in the commodore's cabin. "By the Judge Advocate {sic}.-- Mr. Maffit was the aid of the commodore in the spring of 1837. "I recollect the horses at the Lazaretto; the commodore's boat crew were generally employed there, and some others, whom I do not recollect. I brought most of them on board the day previous to our sailing in the launch; the cutters I believe were also employed; they were all got on board that evening. The stalls were at that time erected amidship; between Mahon and Gibraltar they were placed between the guns, as well amidship on both sides. They thus confined {sic} until we reached Hampton, except one which died on the passage. We dropped anchor at Hampton 31st July, where the animals were all landed. Between 10 and 11 o'clock we came to anchor; I was forward at the time, and heard some of the crew there say, that agreeably to Com. Elliott's promise, they intended to ask permission to leave the ship; that they had been promised that they might do so immediately on dropping anchor in the United States. They then all mustered aft. I went on shore at Hampton about 3 o'clock; I there saw the crew landing the animals. In the evening I returned on board and saw some of the boat's crew were drunk. I saw two men fighting, whom I endeavored to separate, and they did, after giving the order, stop. I looked aft and saw about a dozen men on the larboard side, drunk, fighting, and making a great noise. Half an hour after this, while on the gun deck, heard a rush in the steerage, and some officers running to the assistance of the master at arms. When I got down, he was in the steerage; his eye black and face bloody. I then went on the spar deck, and was about putting the men who had beaten the master at arms in irons. All the men obeyed but one -- he told the captain the irons were too small and would not go on his hands; the order was repeated two or three times, but he still refused and ran forward and attempted to go up the rigging. Com. Elliott ordered him down, when he obeyed and had the irons put on. All hands were piped to stand by their hammocks; it was by this time dark. The crew came up and made a rush at the 'brig,' and rescued the three men ironed. Com. Elliott then went forward, spoke to the crew and ordered them to take the men that had been released aft. There was a great noise, but they did not come aft. Com. Elliott came aft and took a seat. The noise still continued, until the commodore sent me on shore with orders for the pilot-boat to come off. I waited there near two hours; the pilot boat came off about 1 or 2 o'clock at night; all was then quiet. The next morning the crew was still dissatisfied; some of them threatened to get the ship under way; one of the men ran aft and struck a boy. Capt. Boerum told him if he came on the quarter deck again he would shoot him down. We then went up to Norfolk. "By the Judge Advocate.-- I do not recollect the number, but most of the boat's crew were drunk at Hampton, that I saw on shore. I have forgotten the place the animals were taken to -- it was a short distance in the country. Some of the men attached to the vessel led them. I think I visited the place they were taken to. I rode out on one of the commodore's animals. I saw the men beating Thomas Ennis; he begged for help, and was taken aft on the quarter deck. I heard threats made by the crew against Lt. Bullus and Mr. Whitaker; some of them said they would 'hamstring' Mr. Bullus, and would take the life of Mr. Whitaker; that they would 'tar and feather' them, &c. I heard the men threaten to get the ship underway, on the evening of the 31st. The next morning they did get the nippers up, &c.; whether voluntarily, or by order, I don't know. "By the accused.-- I have been a midshipman of the navy since November, 1834. I was among the youngest of midshipmen in age on board the Constitution. I was 17 years of age at the time of the duel between Mr. Wood and Mr. Barton. I did not hear of the duel previous to its taking place. I do not recollect to have seen Purser {D.} Fauntleroy with Mr. Barton, while at Smyrna, wounded. Mr. Barton was attended by Dr.Egbert -- was frequently visited by the officers, and his quarters comfortable though small. Consul Offley stood in good estimation among the officers generally. I was on deck in the harbor of Suda, where Chaplain Lambert left the Constitution. I don't recollect whether she was hove to or not. I think we were inside, near the entrance to the forts. The Shark was at the time in sight. We had a schoolmaster on board; Mr. Lambert did not instruct either the midshipmen or the boys of the crew. I did not see the men drinking at a grogshop. I saw them drinking at the boat. I do not know what officer had left them at the boat. I do not know that all the men returned to the ship that night; most of those who did return were drunk. Many of the crew said their time was up. The man ironed by Com. Elliott was drunk. I do not recollect that Lieut. Drayton was sent for the pilot-boat before I went, nor do I recollect what it was wanted for. The men who threatened Lieut. Bullus were drunk. I made no report when the men threatened to get the ship under way. The threats and violence of the men were at no time calculated to alarm me. I do not recollect that the signal for the pilot boat was flying all evening.
"Dr. Daniel C. McLeod, sworn.-- [That part of the charges and specifications against the accused, upon which it was intended to examine the witness, was read.] "We arrived in Hampton Roads and landed the animals 31st July 1838. In the afternoon many of the crew were intoxicated, riotous, and abusive -- threatening the officers and men. In the evening of the same day, when great confusion prevailed on the ship, some prisoners were liberated by the crew. One of those thus liberated was hailed by Com. Elliott, running up the rigging, and ordered aft. I do not know that the commodore threatened to shoot him if he did not come down; he however came down and was taken prisoner. The master-at-arms was wounded, which wound I dressed. The master-at-arms was confined in the cock-pit during the night. I heard several of the officers complain that proper measures were not taken to enforce subordination among the crew. I do not know the distance between the Constitution and the Shark. She was in sight when Chaplain Lambert left. The Constitution was under way at the time. "By the accused.-- I do not remember that it was or was not daylight when the chaplain left. I do not remember to have seen the Shark myself when he left; I presume she was in sight. The ship, I think , was not within the forts at the time -- I did not look at them. My reason for saying she was within the forts is {sic}, because the entrance of the harbor is narrow and the sea open before us. I do not remember the width of the harbor. I do not know who was in command of the deck at the time of the chaplain's leaving. He received his orders after dinner, at 3 or 4 o'clock, though I am not certain; I was not by when he received them. I do not remember that the ship was hove to, in order that he might leave her side. The American Minister was on deck at the time of the chaplain's leaving -- his family was not. I took leave of the chaplain at the gangway. I do not know who or how many accompanied him to the Shark, nor what baggage he took with him. I did not hear him object to being ordered to the Shark, but I did hear him object to the manner of his going -- that he had to go in the lieutenant's gig. I do not know that he made these objections known to either Capt. Boerum or Com. Elliott; they were not made known to them by me. The same boat had passed from the Constitution to the Shark several times during the day. I believe she took away Lieutenant Commandant Pearson. The exact time of weighing anchor and getting underway after dinner, I do not recollect. I had learned previous to weighing anchor, that the chaplain had received his orders. I do not know how long the boat waited for the chaplain. I think the animals did not affect the health of the crew. The men complained that their comfort was affected by them. I do not remember their names; they were those who were on the sick list -- none other. I never reported these complaints. I do not remember the number of sick at any one time during the voyage home. It is not usual for the men to sleep in the sick bay on board of a frigate, unless t hey are confined to their cots. The sick bay is on the deck below which the animals were kept, and far forward. Such of the sick only complained as were not confined to their cots. Three or four of the unconfined sick complained that they were deprived of their accustomed place of sleep by the animals. These three or four were never so sick as to be confined to their cots, nor do I remember how long they remained on the sick list. "The disturbances at Hampton Roads were attributable to the intoxication of the men; to their getting liquor ashore. I do not know that the quarrels were confined to the drunken men. I have previously stated that the disturbances were owing to the men's becoming intoxicated and settling their quarrels among themselves. I saw no disposition with the men to resist the authorities of the ship, further than disobedience of orders. I think all was quiet on board the ship at 10 or 11 o'clock. "Lieut. Benj. James Totten, sworn.-- [The charges and specifications against the accused, so far as the witness was conversant with them, were read.] "In reference to the infliction of punishment, all I know is, that at Mahon I had charge of the hospital, when it was represented to me that the steward of the hospital had been beaten by a portion of the crew of the Shark and United States. I reported the case to Com. Elliott. He ordered me to go to the captains of the Shark and the United States, and order them to give the men charged two dozen each and discharge them instantly. I remember to have given the order to one of the captains. "By the Judge Advocate.-- I had a verbal order from the commodore some time before he gave me the written order to take charge of the hospital. I took charge on receiving the verbal order. The date of the written order was April 14, 1837. I was in command a week or ten days previous to this. I do not remember how long after I had taken command it was that I gave the order from the commodore for the punishment of the men -- perhaps a week or ten days. "I was 1st lieutenant of the Shark at Smyrna. Mr. Barton had the watch on deck. I went on deck -- found Mr. {Midshipman Frederick A.} Bacon on deck. I inquired for Mr. Barton -- he said he had gone in the launch. The same day Mr. Barton was brought on board from the Constitution, wounded. He was hoisted on board and put down the steerage hatch. He was afterwards, in about a week, taken on shore. "By the Judge Advocate.-- The steerage was about 10 by 14 feet, in which there were six officers. I was called upon by Lieutenant Commandant {Ebenezer} Ridgeway, to report in writing on this subject. [A copy of the report was here shown to the witness, verified as a correct copy, and read. It was in substance a certificate that Midshipman Barton had been guilty of no breech of discipline in leaving the Shark to meet Midshipman Wood.] "By the accused.-- In reference to a breech of discipline, I only mean to say what my letter states, that I had no knowledge of a breech of discipline at the time. The pretended duty that Mr. Barton left his watch to perform, was not performed that day by Mr. Barton. He was wounded before the launch returned. Mr. Barton was notified by me, on an order from the commodore, not to leave the Shark to go on shore at liberty. I do not know that the quarrel between Mr. Wood and Mr. Barton originated on board the Shark, nor that it arose from conduct of Barton towards Midshipman Robinson. He was put down the hatch the most comfortable way that his wound would allow. The steward of the hospital had a wound in the head, with which he was confined about a fortnight. The cook of the hospital informed me of the beating on shore of the steward. The steward was named Gomillon, and I believe that he was a Mahonese. I do not know that the police took any notice of the beating. I visited the steward before I reported to the commodore, and I suppose I gave him all the particulars, though I do not recollect. The commodore, I found, had been previously made acquainted with the facts. As well as I can recollect there was only one mess in the midshipmen's apartments, though I believe there were two tables. I had heard that Midshipman Bacon has since been lost at sea in one of the vessels of the exploring squadron. Midshipman Robinson was about seventeen or eighteen years of age. Purser John N. Hambleton, sworn.-- [The charges and specifications against the accused were read to the witness.] "I was on board of the Constitution when Mr. Barton was brought on board wounded, and present in t he ward-room when Lt. Boerum carried a message to Com. Elliott from Dr. Boyd, that Mr. Barton was very severely wounded, with a request that he might be permitted to remain on board. He said, on his return to the ward-room, that the commodore said he wished to know whether Dr. Boyd made the request as fleet surgeon. Dr. B. replied that he did, both as fleet surgeon and as surgeon of the ship, which message Lieut. Boerum took to the commodore. Lieut. Boerum returned and said he must be taken to the Shark. I saw him frequently at his quarters on shore. When the Constitution left Smyrna, the purser of the Shark left a letter of credit for Mr. Barton to the amount of three months' pay. He left it with Consul Offley. I know nothing more of Mr. Barton's case. "By the Judge Advocate;-- I know that Dr. Boyd waited upon Com. Elliott, while on board the Constitution. I saw him go in the cabin. I do not know that Dr. Boyd wrote to the commodore. I know of the presentation of some plate to Com. Elliott by the crew. The subscription list was handed to me to be charged to the subscribers. The sum amounted to about $650. The money I paid to Capt. Boerum, and took his receipt. I saw this plate after it came on board, exhibited on the berth deck and in the cabin of the Constitution. [The subscription list was here shown and identified, the heading of which was read by the Judge Advocate. It spoke very flatteringly of the commodore.] The ship was at Lisbon when I received the lists. "I know that canvas, junk, and plank, were purchased at Malta and charged to the Government, but whether those identical articles were used for Com. Elliott's use, I cannot positively swear. "By the Judge Advocate. -- I do not of my personal knowledge know that Com. Elliott used the stores of the Government in erecting stalls, &c. I came home in the Constitution. We arrived at Hampton Roads the 31st day of July, with a fresh, fair wind. The crew appeared disappointed at the ship's not going immediately up to Norfolk; they were coming aft in a body, when the officer of the deck stopped them at the gangway; they said they wished to speak to Capt. Boerum, and deputed one of their number to speak to him. Capt. B. went to the commodore, and on his return informed them that they should go up as soon as the pilots could take them. The animals were put on shore. Many of the men employed in the boats returned drunk, noisy, and mutinous, and threatened to get the ship underway themselves, as well as many threats against the officers. At night they were so riotous that Lieut. Bullus caused pistols to be loaded. About midnight they became quiet. The next day we went to Norfolk, and that part of the crew whose terms had expired were permitted to leave the ship, and did not return. About ninety men, whose times were not out, remained on board. "By the Judge Advocate.-- That (pointing to a paper) is a true list of the expiration of the terms of service of the crew. The crew consisted of officers and men, about 490, at the time I first had the subscription papers. Chaplain Lambert was ordered from and left the Constitution to the Shark in the harbor of Suda, while the Constitution was underway, the wind blowing pretty fresh, near sunset. "By the Judge Advocate.-- The ship was standing out of the harbor, and the sea rough at the time of his leaving; it was so rough that I advised the purser of the Shark not to take some stores that I had given him that day. "By the accused.-- I was in the ward-room when Mr. Lambert showed me his orders; how long he had had them I don't know; a little before three o'clock; he did not object to the orders to my knowledge officially; he complained of them as being unusual and unprecedented; I do not know that his objections were communicated to Com. Elliott at that time; I afterwards saw his letter of remonstrance to the commodore, written the day after leaving the ship; I was on deck when Chaplain Lambert left the Constitution; the ship I think was not hove to; I do not recollect what time of day it was when I furnished the purser of he Shark with stores; the weather I think was the same when the chaplain left as it was when I advised the purser of the Shark not to take the stores; the boat had passed back and forth through the day; I do not remember that I transferred, and that a considerable amount of provisions were conveyed to the Shark that day; the crew, when we left Mahon, numbered about 450; the complement was about 44 short; I do not know of my own knowledge of crews or junior officers tendering to commanders tokens of respect; a sword was offered to Lieut. Neville, which he declined; I know no more of the motives of the men in making their present of plate to Com. Elliott than are expressed in the heading of the paper; it was the intention of the crew to present him with a service of plate; whether it could have been bought with the money first raised depends on the extent of the service; I do not know that the crew defined the number of pieces to be purchased; I do not know hat the crew directed that the inscription should be engraved on any particular piece or pieces; I don't recollect to have seen Dr. Boyd writing while Mid. Barton was on board; Capt. Boerum acted as captain of the Constitution, though he never assumed responsibility; generally applied to Com. Elliott in matters of duty; I directed my reports to Capt. Boerum; I made no reports to Com. Elliott; I was directed to make them to Capt. Boerum; the conduct of the crew until reaching Hampton Roads was generally good; I do not know the state of the tide on our anchoring in Hampton Roads; I have been twice in the Mediterranean, and knew Mr. Offley as a polite, gentlemanly man; he was considered a hospitable man. "By the Judge Advocate.-- I do not know by whose order the payment was advance to Midshipman Barton; it was an advance pay; the amount left more than paid what was due him. The court adjourned to 12 o'clock on Monday.
"Carpenter Frank Sagee, sworn.-- [So many of the charges and specifications against the accused as it was purposed to examine the witness upon, were read.] "The animals were brought on board at Mahon; the stalls were erected for them a day or two before we left; they were 22 in number; part of them were put amidships; nine were put on the starboard side, extending from gun 1 to 5; in my former examination I said No. 7 gun; one was put under the half deck aft; shortly before sailing from Mahon the animals were removed from amidships and put on the larboard side, extending from the 3d gun to the 9th, aft; one of the animals died on passage; another was taken in at Gibraltar. "By the Judge Advocate.-- I received orders from Com. Elliott, two days before we left Mahon, to put up the stalls. "I was sent for several times by the commodore, to consult with about putting up the stalls; I recommended that they be put between the guns, that there was not room amidships for them; they were, however, put amidships, and afterwards removed; the stalls were put up between the gun stanchions, extending from the deck to the beam, cleated at the head and heel, the side boards extending from the stanchions to the ship's side, secured at both ends; the stanchions were secured by nails through their head into the beams; the platforms on which the animals stood were formed by nailing strips on the decks athwart ship, about two inches high; the planks were laid at right angles across those, all nailed; the stanchions were from an inch and a half to two inches clear of the guns; many of the stanchions were made of two pieces scaffed [sic: scarphed] together. "By the Judge Advocate.-- The stanchions were cleated at head and heel with inch boards, and were cleated to the deck and beam; the stalls were lined with sheep skins; thrum matting and canvas used also; I do not know where they came from; two stalls were left amidship, directly abaft the foremast, and over the galley; all the stalls were secured; ten, twelve, and twenty penny nails and some few spikes were used in scaffing; the slings to secure the animals were made of canvas; six guns on the larboard side were encumbered by the stalls, five on the starboard, and two aft; I cannot at this time say what quantity of lumber was used; the order to put the stalls up came from the commodore, which order I reported to the first lieutenant; the lumber was obtained by requisition for the use of the ship; the amount upon the last requisition was for 300 feet, but was altered to 1000 feet after; it went to the commodore; the stalls were broken up at Hampton roads; a part was thrown overboard, and a part made into packing boxes to put wine in; the platforms of the stalls was the part thrown overboard; the deck under where the stalls had been was a little discolored, but not at all injured. "I was standing on the gun deck, aft, on our arrival at Hampton Roads, after the animals had been landed. I heard a noise on the berth deck, with cries of murder; Capt. Boerum and I ascended there; we ascended {sic} the ladder together; we found our men there, making a great noise, cursing and swearing, and throwing the kids and cans about; Capt. B. seized two of them and took them upon deck, and ordered the other two up. They had been beating the master-at-arms. Again on the spar deck there was a noise forward. The commodore went forward to see what was the matter. His inquiry was answered by some of the men saying, 'only hanging the negro.' "By the Judge Advocate.-- [List marked 30 was here shown the witness, and proved to contain his signature, and to be correct. It was a list of the stores drawn by the carpenter's department for the private use of Com. Elliott.] I was requested by Com. Elliott to give a list of those stores to James Gomillo, which I did at Mahon; can't say at what time this was; other stores since the making of this list have been used and appended to it; the list remained in James Gomillo's possession for some time; none of the articles in the list were ever, to my knowledge, returned by the commodore. "By the accused.-- I do not remember whether the order was that I should furnish the list to James Gomillo or to the commodore's steward. Gomillo went to the yeoman for the list before he came to me, but the yeoman refused to give it to him without an order from me. I supposed Gomillo to be the commodore's steward; it was the intention of the commodore to return those articles contained in the list to the carpenter's department; the commodore told me that was his intention at the time; I did not tell the commodore that I had given Gomillo the list, and that he had kept it without handing it over; at the time of making out the list, I did not affix the price or value of those articles; at the time of the court of inquiry, at the request of the commodore, I did; the prices affixed I did not get myself, for I did not know them; Mr. Powell, the master joiner of this yard, furnished me with them. I think I was about a day and a half putting up the stalls; they were in part put up amidships before they were put up at the sides. The stalls might all have been removed in fifteen minutes; they were slightly put up, but sufficiently strong to secure the animals; none of the stalls were fastened to the trucks of the guns; thee was room for water to pass freely under and through the stalls, and care was taken to keep them clean; the height of the stalls was from deck to deck, and in depth about the length of a gun carriage; the heads of the animals protruded beyond the stalls; the side boarding extended from the platform to the sides of the animals; there were three boards to each side of all the stalls; some of them more. A part of the lumber used was old and rough planking, but I do not know that it had or had not been condemned at Mahon; the whole of the thousand feet of lumber mentioned in the last requisition, were used upon the stalls; think there were 26 boards used immediately, the rest during the passage. I cannot say what the nails used in fastening the stalls were worth; I kept no account farther than I was ordered. I do not recollect that the matting was made by the men on board out of old rope yard; both old and new canvas was used, but the greater portion was old. I do not know that Com. Elliott purchased the sheep skins used on the stalls at Malta; sheep were killed on board and their skins used in the stalls. I do not know how soon the color left the decks, but know that they were not at all injured; holy stoning once or twice would have taken all out. I was in the Constellation when she returned from the Mediterranean, in which was brought one horse; Capt. Read commanded her; we arrived in the United States in 1834; we brought the horse from Tunis. I know of no other instance of our vessels of war bringing home animals. "I do not know what officers had charge of the men engaged in landing the animals at Hampton. I cannot form any estimate of the number of men that returned from the shore, after landing the animals, in a state of intoxication. The boatswain was under the effects of liquor, but whether he was on shore or not I do not know. I do not recollect at this time whether he was or was not so drunk that he could not pipe the hammocks down -- he felt the effects of the liquor to a degree. The disorder was owing to the men becoming intoxicated while on shore. I saw no disposition with the crew to resist the authorities of the ship or to take possession of her. I did not see Com. Elliott iron a man. I do not know why, when, nor how Lieut. Bullus left the ship. I was on the quarter-deck when Chaplain Lambert left the Constitution, in the harbor of Suda. It was near sundown when he left, in (I think) the schooner's stern boat, the weather tolerably rough. The fort on our larboard hand was on our quarter -- the opposite point was on our starboard bow. I saw the boat as she shoved off -- she was pretty well down astern, so much so that there was difficulty in pulling the after oars; I don't know whether the ship was hove to or not on his leaving. I don't recollect of great quantities of provision being sent from the ship to the Shark that day -- I took no notice of such a thing. "The court adjourned to ten o'clock Tuesday morning." (Pages 353.)
"Reported for the Public Ledger. " NAVAL GENERAL COURT MARTIAL, "at Philadelphia. "TRIAL OF COMMODORE ELLIOTT.. "TUESDAY, May 26,-- Court met pursuant to adjournment of yesterday. The proceedings of yesterday were read. [Franklin Sagee, the witness examined yesterday, made two or three unimportant corrections as to the quantity of boards used -- 51 were used at Mahon, instead of 26, as stated yesterday. The balance of the 100 {sic} feet he kept no account of.] "Farther examination of Mr. Sagee by the accused.-- I am enabled to correct my evidence of yesterday by an examination of my books, which I have since made; I have conversed with no person on the subject; I had no particular inducement to examine my books; I thought I might probably have made a wrong statement as to the lumber; I can produce my books for examination here; I had examined my books repeatedly since I left the Constitution, and before I testified. [The witness here was requested to furnish his books for examination, which was readily complied with.] I have no recollection of the ship's lumber having been used for making boxes for any other officer than Capt. Boerum. "Lieut. {Andrew A.} Harwood, sworn.-- [So many of the charges and specifications against the accused, as it was purposed to examine the witness upon, were read.] "In regard to the plate said to have been presented by the crew to the commodore, I have no other knowledge than having seen it on the berth deck, when placed there for the crew to look at before it went to the cabin, and on several occasions afterwards -- two occasions of which I particularly recollect; one was when a person was taking a drawing of it, and once afterwards when the King of Greece was on board; it was then exhibited in the cabin. "There was a man by the name of David Floyd punished, whilst I was first lieutenant, on board, in two dozen lashes; it was about the 27th August, 1837, at Beyrout; he was brought up by Capt. Boerum for punishment; he had previously abused the officers of the ship in very opprobrious language; I requested the flogging should be deferred, that I might have an opportunity of preferring charges against him, and he was remanded at my request; on or about the 9th of September, while I was on shore, he was said to have been punished. "By the Judge Advocate.-- Com. Elliott was not on board at the time the man was remanded at my request; he returned to the ship between the 27th of August and the 9th of September; I did not know the name of this man in my examination before the Court of Inquiry; I have ascertained it since. There was, I thought, an irregular and unusual expenditure of stores, while I was first lieutenant of the ship; I referred the Master at the time to Capt. Boerum for instructions; he directed me at the end of the quarter to make out a list of them, and send them in to him, which I did; I have since copied the articles from the list; I have no other means of knowing what they are, with the exception of some plank used in making stalls for the horses, copied from the list of weekly returns for warrant officers. "By the Judge Advocate.-- These articles were applied for, for Com. Elliott's use, so far as I know anything of the matter; the plank was for stalls for 3 or 4 horses brought down to Mahon, in the fall of 1837, for Com. Elliott's use; I have a list of, or I have the accounts from which they were taken. "[The witness was here asked to produce the list, but was objected to by Mr. Dallas, as being a paper unofficially made up since the witness left the ship. The question was waived.] "To the best of my recollection the articles applied to the commodore's use, named in the list, were nails, glue, sandpaper, bellows, leather, iron, German steel, &c.; articles too numerous to mention; I have the official returns -- [which were produced, 55 in number] I became first lieutenant of the Constitution in July, 1837, and ceased to be so about the beginning of November -- though for several weeks previously I had been off duty in consequence of illness; Lieutenant Watson acted as first lieutenant while I was off duty; Chaplain Lambert was ordered from the ship about the time specified while in the harbor of Suda in the island of Candia; he showed me his orders the day he left the ship, and expressed great mortification at the manner in which he was ordered away; he left the ship about evening; we, I should judge, were about 6 or 7 miles from the Shark; I was too much engaged to remember the particulars beyond what I have already stated, except that the weather was variable and squally off land. "By the Judge Advocate.-- I was engaged in the usual duties of the ship; many stores were to be sent to the Shark, and the ship had to be got under way which required my presence on deck. "A few days after this occurrence, Mr. Lambert sent, through Capt. Pearson, to mean official account of his removal. "By the accused.-- I did not inform Mr. Lambert that it was irregular to write through me instead of Com. Elliott; I informed Mr. L. that Com. Elliott so considered it; Com. Elliott sent a request to me to enclose it as he had not the time; I sent the letter in to acting commander Boerum; I was officer of the deck when Chaplain Lambert left the ship, in the harbor of Suda; I do not know when he received his orders to leave; it was after dinner when he showed them to me; to the best of my recollection it was between four and eight o'clock; I think it was before we got underway I saw the chaplain leave the deck, but have no positive recollection that it was in the Shark's gig; he took leave of Gen. Cass, myself, and other officers assembled on the deck at the time. "No report was made to me of any difficulty or danger attending Chaplain Lambert's leaving the ship. Chaplain Lambert did not object to me that the Shark's gig was dangerous or inconveniently small; he complained to me only of the abrupt manner of being ordered away, and the vessel to which he was ordered, as not being the one to which he originally belonged. I do not recollect that in his complaint he said he was to join the frigate U.S. when the Shark met her; I did not make report to the commodore of the chaplain's complaint;; I did not consider it my affair; I cannot answer positively the headway the ship had on when the chaplain left her side; I recollect nothing that would prevent a boat shoving off with ordinary duty; nothing suggested itself to my mind in the departure of Mr. Lambert that rendered it difficult or dangerous; I was much occupied at the time; I cannot speak with perfect confidence that the ship was or was not inside the harbor; she was near the mouth, whether inside or not I cannot say. Lieut. Watson, I think, was on deck at the time the chaplain left, but of that I am not certain; some stores were sent during the day from the Constitution to the Shark, but the time of or the manner I do not recollect; several boats passed during the day from the Constitution to the Shark that day; I do not know that the order of Passed Midshipman Ringgold was prepared and handed to him at the same time with that to Chaplain Lambert; I am aware of no fact that would warrant me in saying that the presentation of plate was other than the spontaneous act of the crew; I do not know their motive for making the present; I know of my own knowledge and independent of the weekly returns that the articles alluded to in the list were, generally, for Com. Elliott's private use; some of the stores, however, might have been used for other purposes, but they were applied for, for the purposes indicated in the lists and checked on the ship's books against the commodore; the stores were generally delivered by the yeoman to the commodore's clerk; sometimes to the mechanics themselves; the weekly returns that I have are the general returns, and involve all the expenditures of the ship so far as they came under me; I directed the yeoman to distinguish such articles as were intended for the commodore's use from those for general ship's purposes -- generally, the use to which they were to be applied was marked; Capt. Boerum began to act as commander of the ship in the fall of 1836 or winter of 1837; after assuming the command he did not cease to act as commander while I remained in the ship; I cannot answer why Lieut. Bullus was superseded by me; I do not recollect that Com. Elliott ever witnessed punishment after Capt. Boerum assumed the command; Capt. B. on some occasions inflicted punishment in the absence of the commodore and upon his own authority; I have my copy of the black book (record of punishment) and can produce it here; the copy contains all that was in the original with some remarks of my own, made for the purpose of ascertaining the character of the men; it enabled me to select the best men for boat's crews and other purposes out of the ship; it was made at the time I was first lieutenant of the ship. [The witness here said that he was ready to produce the book, but begged to say to the Court that it might implicate other persons. The Court was then cleared that its opinion might be ascertained. On the opening of the Court it was announced that the Court, after deliberation, had come to the conclusion to excuse the witness from producing the book. The accused asked leave to enter a protest on the minutes against the opinion of the Court, which was granted.] The letter of Chaplain Lambert was transmitted to me through his commanding officer, but not in the usual way. Lieut. Pearson sent it to me, with a message that he was in a hurry and had not time to enclose it, and requested me to do so. But the message was not communicated to me, and I enclosed it to Capt. Boerum. I do not know in whose power or control the original book of which mine is a copy is. The book that I have may be considered partly original. It was kept by the master at arms, though most of the remarks were by me. [A paper was here offered to the Court by Mr. Dallas, marked and annexed to the record, but not read -- whereupon the Court was cleared, for the purpose of affording it an opportunity of deliberating upon the contents of the paper. On opening the Court, its opinion was announced, declaring that the last answer of the witness was such, in reference to the black book in his possession, heretofore represented by the witness and understood by the Court to be a mere copy of the original, as to induce the Court to order it to be produced for the inspection of the accused, which was forthwith handed over by the witness.] "Lieut. {Oscar} Bullus, sworn.-- [The charges and specifications against the accused, so far as it was intended to examine the witness upon them, were read.]-- We were at sea off Lisbon when Capt. Boerum informed me that it was the commodore's wish that we should go on shore, at Lisbon, and purchase the plate -- the crew having previously written a letter requesting us to do so. The day after anchoring in the Tagus, Capt. Boerum and myself went on shore for that purpose. We stopped at the consul's house on our way, who went with us among the silversmiths' shops to purchase the articles wanted -- we went into a number. At last Capt. Boerum and Mr. Hutchison, after much consultation, selected a pair of urns, a pitcher and some other articles, not recollected -- I knew that about $600 had been subscribed for the purchase of this plate -- and also knew that the number of pieces that they had selected could not be paid for with double the money they had subscribed. I did not; and so stated to Capt. Boerum, feel authorized, to accede to the purchase. A day or two after this, the commodore sent for me in the cabin -- his secretary was present; he told me that certain pieces of plate had been purchased, and as the sum subscribed would not pay for them, he requested that I would make the fact known to the crew, and thereby enable them to carry their intention into effect. This proposition embarrassed me a good deal, and I stated my reluctance to the commodore to engage in any such matter; that, being the 1st lieutenant of the ship, it would not look well in me to do so; to which he acceded. The commodore's secretary came to me the following day for information as to the right track to raise another subscription. I directed him to the petty officers, and to a gunner on the quarter deck. I saw him go among them for that purpose, and have reason to think that he went eventually to the master-at- arms. A few days after, the commodore asked me how the subscription was progressing. I told him I would inquire, and sent for the master-at-arms, who told me that nothing had as yet been subscribed. I told him to bear a hand, get the names as soon as possible, and let me have the list. In a day or two he brought it to me, and I took it to the captain, who ordered me to take it to the purser. Com. Elliott directed me to send an officer on shore with some of the petty officers among the subscribers to the plate, to bring it on board the ship, arrange it on the berth deck for exhibition, and after the crew had seen it, have it put on the sideboard in the cabin -- all of which was done. I know nothing further of this matter. "By the Judge Advocate.-- I saw tow subscription papers, (which were shown and identified). The small paper I received from the master at arms. (The letter written by the men to Capt. Boerum and the witness, was here read and proved.. It in substance requests them to take charge of the money subscribed, and purchase with it a service of plate worthy the acceptance of Com. Elliott, which the letter declares him to merit by his regard for their welfare.) I handed both papers to the purser. The body of the letter, I think, is in the handwriting of one of the commodore's former secretaries. I do not recollect whether the inscription was on the plate when it came on board or not. I saw an inscription on the plate, but when, or by whose order it was put on, I cannot say. The second subscription did not complete the price of the plate. I believe there were four pieces, a pitcher, two tureens, and a waiter. The same inscription was on all the pieces. I have seen the plate in the cabin on many occasions, but cannot name them particularly. I have seen them at dinner parties, &c. "Several of the crew were with the animals at the Lazaretto -- four a part of the time, and sometimes five. The gig's crew were occupied pretty much all day cutting grass; also, the dingey {sic} was used in going back and forth with the meals of the men employed in cutting the grass. The men were thus employed from some time in March to the middle of June. On the13th of June, 1838, orders were received from the Commodore to embark the animals, which was done on that day. The stalls were erected originally amidships, and one or two between the guns forward. On the15th of June, we went to sea -- the same day in the afternoon, I heard a knocking on the gun deck; I proceeded there to know the cause. I found the commodore there with the carpenter, superintending the removal of the stalls with the animals to go between the guns. The commodore asked me, if I did not think it would be better on account of a freer circulation of air. I told him that I thought it would, that they were in the way there of working the chains and the messenger. We took on board at Gibraltar a Spanish mare, which made the number of animals 23. "By the Judge Advocate.-- Stalls extended from gun No. 3 to 9, inclusive, on the larboard side -- and on the starboard side from No. 1 to 5. There was also one or two stalls abaft the foremast. (A plan of the stalls was here shown and identified by the witness as having been made by him, and was declared to be a correct representation of the position of the stalls as occupied by the animals.) The animals interfered with the messing and sleeping of such of the crew as were accustomed to mess and sleep there. The mates of the deck accustomed to sleep there were allowed to hang up wherever they got a chance. A portion of the marines' berths on the larboard side were screened off for some women who were passengers. I wish it to be understood, that there were other parts of the ship, perhaps not quite so convenient, where the displaced men could both eat and sleep -- but they took frequent occasion to make it the subject of complaint to me. They had permission to mess on the spar deck, but were frequently interrupted in their meals by shifting the sails. I do not know that the noise and smell of the animals interfered with the comfort of the crew or officers. I heard some few complain of the smell. Seven guns on each side were encumbered by the presence of the animals. These guns could not have been either trained, worked, or exercised. Nine men were employed on board the Constitution in taking care of the animals. The time of eight men was exclusively devoted to them -- and a quartermaster who occasionally gave them his attention. These men, with the exception of the quartermaster, were excused from watch and quarters. The materials for erecting these stalls came from the store room of the ship. "We anchored in Hampton Roads the 31st of July, 1838; the men on that day went to dinner earlier than usual, as they had work to do on shore. Before turning the hands to, I noticed considerable excitement among the men. At length a number came out about the fiferail, and requested to know when the ship was going to Norfolk; the officer of the deck sent for Commander Boerum, who came up and told the men that as soon as the animals were out of the ship we should get under way; that night if they could. The men appeared satisfied and went forward -- the boats were hoisted out and the animals put on board of them, and landed on the beach at Hampton. One or two of the boats made the second trip. Three of the midshipmen, boatswain and gunner, had charge of the boats and animals. Late in the afternoon, I saw through the glass the boats on their return to the ship -- that the men were lying on their oars fighting. I went below and ordered the ship's corporals and sergeant-at-arms to be particular when the men went off, to be careful that no liquor got on board. From the negligence of some one this order was not obeyed. The men came on board drunk and noisy. I got the master at arms there as soon as possible, and we together got four or five of the men into the brig. I went for the irons to iron them, their conduct having been outrageous and abusive. Before the master at arms returned with the irons, I was fearful the captain would be offended at what I had done, before I had made my report. I left the men in charge of the sentry and met the captain, and made report of what I had done. He did not seem to like it. The other boats of the ship, one after the other came along side, so that in a few moments the ship was filled with drunken men. The master at arms came to me and said, that he had not been allowed to do his duty, and that the men placed under the charge of the sentry had escaped. I looked upon the ship as almost in a state of mutiny. The officers came to me repeatedly with complaints of the men. Thinking the captain was in the cabin, I went in there. The commodore said, 'What is the matter, sir?' I replied, 'The crew is in a state of insubordination to the last degree.' He said, 'Why don't you make report to the captain?' I replied, 'I had done so, and was in search of him to report again.'
"The examination of Lieut. Bullus, continued. "[I should like to correct my evidence of yesterday. I then stated that the captain and Mr. Hutchinson had selected two tureens, a pitcher and a waiter. I was mistaken, the tureens alone were selected -- and I am also of the opinion, that the conversation I have stated to have taken place between myself and Com. Elliott with regard to the second subscription was after the plate had been brought on board.] "The commodore said, the men are intoxicated, and that I must keep them as quiet as possible. The noise and confusion in the ship could be heard in the cabin at the time I was there, very distinctly. I left the cabin, and in doing so met the captain coming in; the noise continued in the ship from this time to between 9 and 10 o'clock, when it began to subside. I held frequent conversations with both the captain and commodore during the continuance of the disorder, as to the best mode of enforcing obedience. I once inquired of the officer of the deck, where the captain was; he stated that the men were beating the master at arms below; I went on the berth deck and found that the captain had taken up two of the ringleaders to the starboard gangway, where I found him with the sergeant of marines, superintending the putting of the men in irons. I went forward and brought another man, who was also confined. The commodore was then on deck and ordered another of them down from the fore-rigging; the man hesitated, but obeyed the order, and he was also put in irons. Shortly after, a Negro by the name of Ennis and another were brought aft for fighting; Ennis was put in irons; the men were clustering about the gangways. One of the men concerned in beating the master at arms addressed the crew, and said, 'You are not the men I take you to be if you let me stay here.' This man and others made use of bad and mutinous language, particularly as addressed to myself -- shaking his fist at me, he said, 'I was a d____d s_n of a _____.' One of them said, while we were ironing Ennis, 'Lieut. Bullus, we will hang that black scoundrel, with or without your consent before morning.' When the crew were called to stand by hammocks, before they were piped down, I heard a rush of a body of men on deck -- I inquired what was the matter, and was informed that the prisoners had been taken off. The commodore with the captain stood in the gangway ordering the crew to bring the men aft; they shouted, making many discordant noises, and appeared to treat their orders with contempt. While conversing with the commodore about 9 o'clock, on the quarter deck, the Negro Ennis was chased aft, and fled for protection to the quarter deck.. Lieut. Hunter, the officer of the deck and myself rescued him, and put him in charge of a sentry, near the wheel. Going forward, I was met by one or two of the men who told me I had better not go forward, that the men might injure me. "I afterwards reported the same to the commodore, and he directed me to keep aft; he said if he were to spill any blood they would publish hi in the papers from Maine to Georgia; about 10 o'clock I sent for the gunner, and directed him to load pistols for each of the officers; to distribute them in the ward room and steerage; I requested Mr. Muse and Mr. Dulaney to remain on the alert all night; Mr. M. and myself spent the night on deck; when the hands were ordered to turn to and holy stone the deck in the morning, the officer of the deck sent me word that the hands had thrown the sand and holy stones overboard; I told him to report it to the captain; the pilot came t o me and stated that they had threatened to hang him if he did not get the ship underway; while getting the hammocks in, a boy, by the name of Byrne, said 'it is too late to obey your orders now,' when Vanderboard, one of the men who had been confined the night previous, evidenced an attack on me; I threatened to cut him down if he did not go forward; we got underway about 2 o'clock for Norfolk; the men refused to obey my orders relative to the furling of the sails; I sent forward to McBlair to turn the men out of the cat head, &c.; he came aft and said they would not obey the order; after we had furled sail at Norfolk the crew gave three cheers; orders were then given for all hands to muster; when the men were up Captain Boerum addressed them to this effect-- 'Commodore says he would see you himself, but that some members of his family are on board -- he is pleased with your general conduct; that your contracts are at an end, and you whose times are out can go on shore.' "By the Judge Advocate.-- I remained on board the Constitution a few days; until the following Sunday I think; I do not recall Com. Elliott calling upon me for any opinion during the disturbance in Hampton Roads; he was on deck, and saw many of the things I have described himself; he was anxious to do something, but in doubts as to what best to do; I made the suggestion to him of beating to quarters, that I had no doubt many of the men would go. "When I first took charge of the first lieutenancy of the Constitution, Capt. Boerum directed me to have it specified particularly in the weekly returns the uses for which every article was applied, whether public or private, and by whose order; I know that there was plank, boards, nails, canvas, junk, &c. used, for the private use of Com. Elliott; I have the returns with me; they are from the four departments, boatswain's, gunner's, sailmaker's, and carpenter's -- [the weekly returns were produced] -- I became first lieutenant the latter end of November. 1836; the commodore gave me leave of absence at Constantinople on account of ill health, in July 1837; I rejoined the ship at Mahon in October, and returned in her to the United States. "[A list of the crew and the time of the service of the men (a copy) was here shown and attempted to be proved, but objection being made by Mr. Dallas, on the ground that it was not the original, the Judge Advocate withdrew it.] "By the accused.-- I do not know when the note, written by the men and directed to Capt. Boerum and myself, was received by Capt. B.; he did not show it to me until we reached Lisbon; I know that Mr. Holland became purser of the Shark before the Constitution left Mahon; he was the purser of the Shark and not the secretary of the commodore before we left Mahon; Capt. Boerum acted as master of the ship from December, 1836, to July, 1837; I made my reports to Capt. Boerum; sometimes I thought he was the commander and sometimes I thought the commodore was; I received orders from both. "I have made reports frequently to the commodore of the state of the ship, whether officially or not I cannot say; the four or five men whom I have mentioned as taking care of the animals at the Lazaretto, did no other duty; they resided there, and had their meals sent to them; the crew was sufficiently large on the passage home to do all the duties of the ship without calling upon the nine men who took care of the animals; I had orders not to call upon the nine men; the stalls were erected in the most convenient place; I suggested none other; I understood that in case of any difficulty, the stalls and animals were to be thrown overboard; every care was taken to keep the stalls clean. The men prefer sleeping on the gun deck; I do not know that they prefer one part of the deck over another; all told, was short about forty-five; I do not think there were any spare berthing places. The sailmaker, when he re-entered, did so upon the express condition that his wife should return home with him; she had an infant; a gunner's wife was on board; she had three children; at whose instance they came on board I do not know; the boatswain's mate had his wife on board; I think I joined in the petition for permission for her to come on board; the space screened off for their accommodation, was about ten or fifteen feet; it was about half flood when we came into the Roads, and I am under the impression that the ship could not have proceeded immediately up for want of water; we should have had to wait some two hours; we had a pilot on board, but I heard him say nothing on the subject; Commo. Elliott ordered Capt. Boerum to send for a pilot boat, that the men whose terms had expired might be set on shore; I do not recollect what Capt. Boerum said of my putting the men in irons; he expressed displeasure; I do not remember to have refused to iron other men, when applied to for that purpose by Lt. McBlair and other officers, in consequence of the of the expressed displeasure of Capt. Boerum; I had no authority on the subject. [The man, Bartlett, who abused the witness at Hampton Roads, was here shown by the black book, to have been repeatedly and severely punished.] The man ordered by the commodore out of the rigging, appeared the least intoxicated; the men who attacked the master-at-arms were all more or less intoxicated; I do not know who had charge of the boats on board of which I saw the men fighting; I do not remember Commodore Elliott's telling me that my fears were imaginary, when I expressed fears for my personal safety. "He told me to keep aft, and subsequently that he as armed, and that I had better go to bed; but I did not do so; about 11 or 12, when below in my stateroom with passed Midshipman Dulaney, he cautioned me as to how I exposed myself, and as he had no watch I requested him to remain up; I did not order the men to cheer on our way up to Norfolk; we met a steamboat, the passengers in which cheered the ship, and before I had time to communicate with the captain the men jumped irregularly into the rigging and cheered in return; at the time of getting the ship underway at Hampton for Norfolk the men were unusually active, but I do not know that it was caused by the commodore's ordering out the band and causing it to play 'Yankee Doodle;' I was with Commodore Bainbridge when he brought home animals; we took on board one in the Mediterranean, I do not recollect where; we had but one -- a jackass, which run at large about the ship; it was in 1819-20; I made the list of stores applied to the use of Com. Elliott for the first time last summer; I did not exhibit it to Com. Elliott before I showed it to the Court of Inquiry; I did not originate that charge against the commodore; before I left the Constitution I had rough lists, but not such as would be presentable; last summer when I came here I prepared them with my weekly returns and made out new lists altogether; I never showed the rough lists to Com. Elliott nor apprised him that I had them; I did not as first lieutenant keep a book of punishments on the men; I did not keep the rough lists of the stores applied to the use of Com. Elliott under the belief that he did not mean to pay for them; I was informed by the commodore during the cruise that he intended to return the stores thus taken in money or kind; I thought it my duty to keep the lists; I did on one occasion, in the absence of the commodore, punish some 30 or 40 men for acts of insubordination while I was commanding officer; I reported the same to the commodore in the course of the day; he by no means censured me for so doing; I have frequently punished the men in the absence of the commodore with the 'colt.' Captain Boerum and myself acted as agents relative to the purchase of the plate -- as I was informed by the captain with the commodore's order. [The letter of Captaiin Boerum to Com. Elliott, presenting the service of plate was read and proved.] The plate was on board the ship when Capt. Boerum addressed the commodore on behalf of the crew presenting it; the captain spoke to me about going to Lisbon to purchase the plate the day before we arrived there, while at sea; we anchored the 4th of January and the next day went on shore for the purpose of making the purchase; Capt. Boerum showed me a list of articles of plate which he stated it was the wish of the commodore should be bought; I told him that the commodore had greatly over-estimated the amount, that the articles selected would cost over $2000; the second subscription circulated but two or three days; I do not remember whether Mr. Hutchinson, the American Consul at Lisbon, came on board the Constitution to visit the commodore the day after the purchase of the plate, nor do I know that it was at his instance and suggestion that the commodore was induced to accept the pieces of plate purchased; we had no instructions from the crew of the kind or number of pieces of plate which they wished purchased; the commodore gave us no instructions as to what pieces he would prefer having; the two urns were of the same pattern; I think the inscription was not on all the pieces when it was exhibited to the crew on the berth deck; two of the pieces were afterwards sent on shore for inscriptions. "By the Court.-- After the men were discharged at Norfolk they were in the habit of threatening some of the officers' lives, and did attack some of them; the commodore came on board one night, I met him at the gangway; he said that the men were threatening me particularly, and advised me not to go on shore, and said that he would do any thing to put an end to this state of things; the next day Capt. Boerum sent for me and said that the commodore thought I had better go home before the men were paid off; after taking the advice of the captain and the mess I did leave that day with the commodore's consent. "By the accused.-- I remember perfectly well the conditions on which the men, whose terms had expired at Mahon, re-entered; the articles ran thus -- they re-entered, for the balance of the cruise and were to return home in the Constitution with Com. Elliott; I do not know what became of the paper; I left it in my own room when I left the ship, for the benefit of the purser; I do not know that Com. Elliott had some of the men arrested and confined who had threatened and attacked the officers at Norfolk." (Pages 369-73.)
"Reported for the Public Ledger. "NAVAL GENERAL COURT MARTIAL, "at Philadelphia. "TRIAL OF COMMODORE ELLIOT. "THURSDAY, May 28.-- The Court met pursuant to adjournment. Present all its members, the Judge Advocate and Commodore Elliott. The proceedings of yesterday were read. "Mr. {Israel P.} Hutchinson, affirmed.-- [The charges and specifications against the accused, so far as it was purposed to examine the witness upon them, were read.] "I am the American Consul at Lisbon. In the month of January, 1837, the Constitution arrived at Lisbon; almost immediately after her arrival, Capt. Boerum and Lieut. Bullus called on me, and requested me to assist them in the purchase of some plate with money raised for that purpose, and requested my advice and assistance; I am under the impression that they said the sum was $750, but I afterwards learned that it was only $650; after come conversation as to the articles to be purchased, we went to 'Silver street,' as it is called, and saw a great variety of plate; they not coming to any conclusion upon the articles to be purchased, I suggested to them the propriety of consulting with Com. Elliott as to what he would like; they objected to that -- thought it would not be proper for them to speak to him on the subject; I stated that on similar occasions I had frequently known it to have been done, and that, if they had no objection, I would speak to him; they said they had not; I spoke to Com. E., and told him they were at a loss to know what to get; he stated that it was an affair between the crew and these gentlemen, that he had nothing to do with it; he at length consented to go with me to Silver street; Capt. Boerum and myself had previously made one or two visits without Lieut. Bullus, and on asking Capt. B. why Lieut. Bullus would not accompany us, he excused him, as he was lame. "After this I had no further conversation on the subject with Lieut. Bullus. At length the tureens were selected, when Capt. B. informed me that they would come to more money than the sum raised -- the silversmith said if he sold but one, he would charge for the workmanship of the two -- that he would deduct from the price only the weight of the silver of the one left. Capt. B. and myself agreed to purchase the two; with the understanding that the excess should be paid for by the commodore. The plate was purchased both before and after, and the same inscription placed upon it. The reason of my wishing to consult Com. Elliott was, that these gentlemen wished to have some plate made. "By the Judge Advocate.-- Com. Elliott, when he visited Silver street, saw the tureens mentioned. I recommended him to purchase the additional tureen, as he would get it for almost nothing -- only the price of the silver. It was after the visit with Com. Elliott that Capt. Boerum and myself purchased the two tureens. I stated that if they did not take the tureen I would take it myself, it was so cheap, and a very handsome thing, and said that it was a pity to separate them, the commodore had better take them both. I do not know who was to pay the difference between the money subscribed and the price of the silver -- I understand another subscription was afloat, but that the commodore would make up any deficiency. [The original bill of the four pieces of silver purchased was shown to and proved by the witness; it amount in dollars as $1088.88; it was accompanied with a receipt, dated 24th January, from Capt. Boerum.] Why the inscription upon the pitcher does not appear in the bill, I do not know; whether it was an omission, or whether it had not been put on that particular piece of plate at that time, I cannot say. The inscription was in these words: 'Presented as a mark of respect to Commodore J. D. Elliott, of the United States Navy, by the crew of the Constitution.' -- the paper bearing it, the witness said he believed to be the one sent to the silversmith. "By the accused.-- I visited Com. Elliott on board the ship frequently, but am not that any conversation took place on board of ship on the subject of the plate; when I did speak to him on the subject, he said it was no affair of his. I recollect of conversing with Com. Elliott on the subject of his paying the difference in the plate, but I had nothing to do with any money transaction, except of giving my advice as to its purchase. I always understood that Capt. Boerum was to pay; where the money was to come from, I do not know. When I spoke to Com. Elliott, he never seemed to want to talk upon the subject, always said it was a matter between the officers and men. "When Com. Elliott accompanied me to the silversmith's, all the four pieces, with a variety of other plate, were shown. I do not know how much other plate Com. Elliott purchased of the same smith -- that he paid for himself, as well as some purchased elsewhere. The inscription was ordered to be engraved by Capt. Boerum. I paid all the money over to the smith for all the four pieces of silver at the same time. The whole amount of the bill came to me at the same time -- I think $1089 -- twelve cents more than the amount.. The bill of the silversmith made no distinction which of the pieces were paid for by the crew, and which by Com. Elliott. I was under the impression that the tureens were purchased by the crew, but it was a mere impression. I cannot say that any one of the pieces of plate was more certainly bought and paid for by the money of the crew than any other, but I can say that the two pieces were -- the tureens. The bill expresses for the engraving of two pieces, $6 -- but when I paid the bill the silversmith demanded $9 for engraving, $3 more than expressed in the bill. There was no after engraving that I know of; there was no engraving but that on the two pitchers and two tureens. The silversmith sent the plate to my house -- from my house it went on board -- every piece had the inscription on at that time. The plate was purchased with consent of Com. Elliott, he agreeing to pay the difference. I have been Consul of the U. S. at Lisbon for twenty-seven years. I knew Mr. Offley, the Consul, at Smyrna -- he was as benevolent and as good a man as I ever knew. I knew the case of presents of plate having been made to Lord Beresford, Mr. Canning and others, and they were consulted as to what they would like. I cited these cases to Mr. Elliott when I spoke to him. "Chaplain Thomas R. Lambert, sworn.-- [The charges and specifications against the accused, so far as it was purposed to examine the witness upon the, were read.]-- I left New York in the frigate United States in June, 1836, for the Mediterranean, as chaplain of that ship; I was attached to her till April, 1837, when I was ordered to the frigate Constitution; I remained attached to her until July following; about three months or a little more, when, without any previous information, I received orders to repair to the U. S. schooner Shark; about the time the ship was getting underway. "[The several orders were here shown, proved, and read.] "I obeyed the order with all possible dispatch; the ship was not hove too; the wind was blowing fresh; I reached the Shark between 8 and 9 o'clock; sometime after dark; I lost some of my baggage in getting from the Constitution to the Shark; I became very wet and uncomfortable; the next day we fell in with the Constitution off Candia. "By the Judge Advocate.-- I lost my baggage in passing it from the ship to the boat, the ship being underway; the distance of the Shark from the Constitution was about six miles, I should judge; I became wet by the boat shipping several seas; we fell in with the Constitution the next morning; I remonstrated, in writing, against the removal; we did not fall in with her again until we met at Mahon in October; the Shark went to Salonica {sic} in search of pirates; after leaving Suda from thence to the mouth of the Dardanelles; she then touched at one of the islands to leave her pilot on her return thence to Malta; thence to Mahon; we found the United States there, which I joined after 17 days quarantine; the Constitution arrived in about a week after my joining the United States; Capt. Elliott had shown hostility to me previous to my leaving the Constitution go go on board the Shark. "By the accused.-- I joined the service in 1833 as chaplain; I am in my 29th year. "[Out of respect to the clerical profession, Commodore Elliott declined any further examination.] "Lieut. Johnson, sworn.-- [The charges and specifications against the accused, so far as it was purposed to examine the witness upon them, were read.] "I was present at the race at Mahon, and was one of the parties in making it. After the heat had been run, I went to one of the coming out judges, and asked him if the horse had been distanced? He told me he thought not. I turned to go to the distance judge and met an English midshipman, who held a purse that had been bet: he said it was mine. I met Charles G. Hunter, and told him the horse was distanced. He said, 'by G_d it was impossible.' I continued on to the distance judge, Mr. Chas. G. Hunter following after me. Mr. B. W. Hunter said it ws a distance, as fair a distance as he ever saw. At this time some one asked Mr. Craney, who held the flag at the distance stand, which side of the line the horse was on when the mare ran out? He said, pointing, on this. Mr. Chas. G. Hunter turned round then and said, 'by G_d, it is not a distance.' Mr. Craney stepped outside of the line, (he was standing between the distance and coming-out posts,) when Com. Elliott rode up and told Lieut. Hunter to keep silence, and never to separate the gentleman from the officer. Mr. Hunter said 'I never do, sir.' The commodore replied 'You do, sir; you are doing it now -- keep silence, and go on board of your ship,' at the same time threateningly shaking his stick at him. After Lieut. Hunter had gone aboard of his ship, the commodore called to me and asked me what the difficulty was. I told him there was some dispute about the distance. He said, 'by G_d, it was a distance, and the mare shall not run again.' The next day he sent for me at his house, and wished to know if he was right in the leading particulars of the previous day's occurrences -- and he related them. I told him he was not right in a single particular; that I did not consider his interference necessary -- and if it was, it would have been better to have called Lieut. Hunter aside, rather than hurt his feelings in the public manner he had. He said, in reply, I was right, and if it was to do over again he should act differently. "By the Judge Advocate.-- Com. Elliott's manner in shaking his stick at Lieut. Hunter I considered grossly insulting; Lieut. Hunter's manner was entirely respectful towards the commodore; the distance between them was about six or eight feet; the back of Lieut. Hunter was towards Com. Elliott when he was first addressed by him; he immediately turned round. "By the accused.-- The bet held by the English midshipman, I had made with the English Consul -- perhaps with Mr. Davis and others; The English Consul was on the ground, but not at the coming out place that I saw; Gen. Ogregon and other distinguished officers were present at the race; Lieut. Hunter, I think, did contradict Com. Elliott positively twice; yet his manner, considering the gross indignity that had been offered him, was exceedingly respectful; I do not recollect that the day after the race, the commodore inquired of me who and what kind if man Lieut. Hunter was, nor do I recollect the statement that Com. Elliott gave me of the circumstances; I remember that it was at variance with my view of it. "The Court adjourned to 10 o'clock to-morrow (Friday) morning." (Pages 395 296 {sic: 396}, and 397.)
"Reported for the Public Ledger "NAVAL GENERAL COURT MARTIAL "at Philadelphia "TRIAL OF COMMODORE ELLIOTT. "FRIDAY, May 29.-- The court met pursuant to adjournment. Present all its members, the Judge Advocate, and Com. Elliott. The proceedings of yesterday were read. "Capt. {sic: Commander} William Boerum, sworn.-- I was first lieutenant of the Constitution when Mr. Barton was brought alongside wounded. It was reported to me, and I went on deck and inquired why they had brought him there; they said it was by his wish. I asked if he was badly wounded; they said yes; I called for Dr. Boyd, and requested him to see if it was necessary that he should be brought on board. Dr. Boyd went to the gangway and asked some questions of Dr. Woodworth, who had remained in the boat. He turned to me and said it was necessary. I then ordered the officers of the deck {sic] to get him on board. He was placed on the starboard side of the half deck, when Dr. B. commenced operating on his leg. About an hour and a half afterwards, Com. Elliott came on board; I followed him to the cabin and reported Mr. Barton's being there. He asked why I had admitted him. I told him Dr. Boyd said it was necessary. He then told me to send him out of the ship to the Shark. I went into the ward-room and told Dr. Boyd that I was ordered to send Mr. Barton out of the ship. He said it was impossible to remove him; that he must protest against it, as it might be attended with serious consequences. I again went to the cabin and told the commodore what Dr. Boyd said. He replied, that Dr. Boyd must object to it in his official capacity as fleet surgeon. I went to the ward room {sic} again, and told Dr. Boyd. He replied that 'I do object to it as the fleet surgeon, and as surgeon of this ship. The removal of Mr. Barton at this time may be attended with the loss of his limb at least.' I bore the message to Com. Elliott, who replied, 'I don't care, sir, send him out of the ship immediately -- send him to his own vessel.' I went to the ward-room and told Dr. Boyd the order had been renewed -- that I must attend to it, and he had better go to the commodore himself. I then went on deck and gave the necessary orders for his removal. Some time after this, I was standing by the ward-room hatch, on the gun deck, when Dr. Boyd passed me a letter, requesting that I would give it to the commodore, which I did, and Mr. Barton was sent away. I saw Mr. Barton on shore once or twice after this, at his boarding house in Smyrna. "By the Judge Advocate.-- When I handed Dr. Boyd's letter to Com. Elliott I told him who it was from. [Mr. Dallas here requested that leading questions might not be propounded to the witness. The judge advocate had proceeded in the examination in the ordinary mode, but Mr. Dallas contending that under the circumstances the questions thus put were leading a form as any other -- the judge advocate desisted.] "Some days after this, I had a conversation with the commodore, who said that Mr. Barton was to be removed to the shore, and as soon as the doctors were ready, to send the largest boat for that purpose, which was done,. "A few days after I rejoined the Constitution at Mahon, two or three men came to me with a subscription list and a letter addressed to Mr. Bullus and myself, which letter was a request to take charge of the list and purchase some plate for Com. Elliott. I either showed the letter to or told Mr. Bullus of the letter at the time. Nothing further was said until we neared Lisbon, when, during some conversation with Com. Elliott, he asked me if I was going to purchase the plate at Lisbon. I told him yes. He said he wished I would do so. The day before we got in, I mentioned to Mr. Bullus to get ready, that we would go on shore as soon as we got in, to look for some plate. We arrived on the 3rd of January, 1837, in the evening, at Lisbon; the next morning Mr. Wells, the commodore's secretary, brought me a list of articles which the commodore, he said, wished to have purchased. I showed the list to Mr. Bullus, who said those things would cost nearly $2000. I put that paper in my pocket, and paid no farther attention to it. We went on shore, called on the consul and requested him to go with us to look for some plate, telling him the object. We went to a number of stores, and saw nothing suitable, until we came to the two tureens, the price of which was about $800; the amount of the subscription list was about $600. I proposed purchasing one of those tureens, but the man said he could not separate them without charging the workmanship of both on one, which would make it cost very near $600. After some conversation with the consul, he thought Com. Elliott ought to know it, that he might purchase the other himself; that if the commodore did not take it, he would. Both Mr. Bullus and myself objected to saying any thing to the commodore about it; the consul said it was a very customary thing to consult persons who were about to be presented with any articles; that he had himself known of many instances, and mentioned them. It was then agreed that he should speak to the commodore. "The next day, or the day after, he told me the commodore had agreed to take it and pay the difference; I then told him to make the purchase; after this the commodore and myself had some conversation about the marking, and a draft for the marking was drawn up by the secretary, in the presence of the commodore and myself; I sent the paper on shore to the consul, with directions that that he would have the plate marked; at this time a pitcher and waiter that Com. Elliott had purchased at Lisbon were brought on board the ship, which was sent on shore again; for what purpose I didn't know; about the 8th of the month Com. Elliott was going on shore, he told me the plate was ready, and to send four men for it; he mentioned the particular men; he directed that when it came on board to have it placed on the berth deck for the men to look at; this was done, and it remained there about an hour; it was placed in the cabin, with a letter which I wrote; the next day I received Com. Elliott's answer; when it came on board there were four pieces, two tureens, a pitcher and waiter; some days after this the bill came on board, the amount of which I do not exactly recollect now; before the bill came there was another subscription paper handed to me, I believe by Mr. Bullus, which amounted to $650; I told the commodore of the difference between the bill and the amount I had, which he made up; the money I sent on shore, and got the consul's receipt. "By the Judge Advocate.-- All excepting the signatures of the men to the lists is in the hand-writing of the commodore's late secretary, then made acting purser of the Shark. [The lists of subscription, with the letters of Capt. Boerum to the commodore, and the commodore's letter of reply, acknowledging the receipt of the plate, (which is as handsomely expressed as it is complimentary of the crew,) were here exhibited, proved, and read. The copy of the original inscription sent to the engraver was proved to be in the hand-writing of Mr. Wells.] "About a week before we left Mahon, Co, Elliott told me he was going to take the animals home in the ship; at the same time told me that if it became necessary at any time to clear the ship for action, he animals must all be thrown overboard without hesitation; they were brought on board, 22 in number, and placed in stalls amidship, with the exception of one; after leaving Mahon, those amidship were placed between the guns on both sides, except two, which were kept abaft the foremast; we took in another animal at Gibraltar; on our passage home one died; the animals remained between the stalls until we landed them at Hampton; we anchored in Hampton Roads about 10 o'clock in the morning; Com. Elliott ordered me to get all the boats out and prepare them for landing the animals; by the time they were out and ready it was 12 o'clock, and we piped to dinner; a short time before we turned the hands to, some men came to the mainmast and requested to see me; they wished to know when the ship was going to Norfolk; I told them I would ask the commodore; the commodore told me to say the ship would go up that afternoon or the next morning; the men then went forward; at 1 o'clock we commenced getting the animals in the boats; I think the boats could only carry about half of them; they left the ship between two and three, and returned about four o'clock; most of the men in the boats came on board drunk, and soon commenced fighting and making a great noise; after some difficulty they became quiet; and hasten the rest of the animals out of the ship; as soon as we could get the boats manned again they were sent on shore and returned with nearly the same number of drunken men; during the rest of the afternoon there was a great deal of fighting and noise in all parts of the ship; I was forward on the gun deck and heard that some were beating the master-at-arms on the berth deck; I went down and saw four men fighting among themselves; I took two of them with me up the main hatch, and put them in irons on the quarter-deck; the other two ran up the fore hatch, and it was some time before I found either of them; I caught one and put him in irons; after that I found the other man on the forecastle; I brought him aft and was about putting him in irons, but he swore he wouldn't have them on, and knocked them out of the sergeant's hand and ran to the forerigging; I called for a guard, but Com. Elliott came to the gangway and called the man, who was about half way up the forerigging; the first time the commodore called him he stopped, and on the second order he came down and was ironed while the commodore stood by; after dark, when the ship was rather more quiet, we called all hands to stand by their hammocks; the men went regularly to their places, but when we piped down, those from the quarter-deck carried the prisoners forward with them, shouting as they went; after the hammocks were all down Com. Elliott went on the forecastle, I following him, also a midshipman; there were a great many men on the forecastle, and Com. Elliott told them that the prisoners must be brought back -- they said, 'no, no, we can't see the men in irons;' he told them discipline must be kept up, and that they must bring the men aft; he then walked aft himself; some time after this a man by the name of Ennis was chased aft, and I think fell over a forward gun slide; some men either fell on him or jumped on him -- the officers of the deck ordered them forward; they went off saying they wanted to kill the Negro; Ennis was put in irons and placed in the charge of the officer of the deck by the wheel; after that the noise ceased, and by 2 {sic} o'clock all was quiet, and by 11 all were in their hammocks; the next day they were very impatient to get under way for Norfolk; about 2 o'clock we got under way, went up and anchored off the hospital at Norfolk; after the sails were furled some of the men came aft and said that they wanted to go on shore; the commodore was then in his cabin, where I went and told him; he said, 'very well, call all those whose times are out, and say to them that some of my family are on board, or I would come up myself,' and he directed me to say that he was perfectly satisfied with their general conduct -- that they were now in the United States, and he considered their contract at an end, and that they might go on shore; I went on deck and delivered it. "By the Judge Advocate.-- I first knew of the intention to anchor in Hampton Roads just as we passed Cape Henry light; just before anchoring the wind and tide were fair; we came up as far as the light boat, with all studding sails set, when we commenced shortening sail; during the noise and disturbance while were we in Hampton Roads, the commodore directed me to write the navy agent at Norfolk for a steamboat to tow the ship up; I did so, and sent the letter by the Norfolk boat. (The letter to and reply of the navy agent were here read.) When the two last men were ironed, one of them said that if the rest of the men were of his mind the ship would not remain at Hampton Roads, or would not have stopped there; the other was very abusive to the officers, and particularly so to Lieut. Bullus, to whom he applied the most opprobrious epithets. Four or five men remained on shore all the time at the lazaretto at Mahon; they had charge of the animals; the gig's crew, and sometimes the cutter, were daily employed in cutting grass, by order of Com. Elliott. "There was a man who had been confined at Beyrout for insolence to one of the officers; there were some others confined at the same time for being drunk; the morning after their confinement. I brought them up to be punished; Com.Elliott at that time was absent at Damascus; I punished all but this one, and Mr. Harwood requested that I would keep him until the commodore returned -- that he wished to have him tried by a court martial; I had him confined, and when Com. Elliott returned, I reported the case to him; he inquired if the man had been thoroughly drunk; I told him yes; he said, 'then give him two dozen with a cat and let him go.' "The different first lieutenants, during the cruise, frequently made reports to me of the large amount of stores that had been used for Com. Elliott; I went to the commodore several times, and told him of it; he always replied that those things should be returned. "By the Judge Advocate.-- Those first lieutenants were Bullus, Harwood, and Watson; I told the first lieutenants, after I had conversed with the commodore, that they might be returned; I joined the Constitution about the middle of August, 1835, as first lieutenant, and continued in her until the 25th December the same year; I was then ordered to the command of the Shark; the 1st of December, 1836, I was ordered back to the Constitution as flag captain, in which situation I continued until we returned to the United States; I performed the duties of captain so far as I was allowed; what I mean by allowed is, I had no discretionary power, but was obliged to consult the commodore in every thing; after I had received my orders to join the Constitution as flag captain I had some conversation with the commodore in the cabin; I asked him what the duties of the office were; he said I was to receive all reports, &c., and if I wished to do any thing I was to consult him; I received no appointment of flag captain from the Secretary of the Navy. While we were lying at Suda, at the island of Candia, and about the time we were getting under way, some officer told me that Mr. Lambert had been ordered to the Shark; we got under way about 5 o'clock; whilst standing down the harbor, Com. Elliott asked me several times if Mr. Lambert was ready to leave the ship; I said each time he had not yet come up; he directed me to send down and hasten him; between 6 and 7 he left the ship in the Shark's boat; at the time the wind was somewhat fresh, and it was clouding up over the land; after we got out it looked very squally. "By the Judge Advocate.-- The ship was going about three knots an hour when the chaplain left. Just before sailing from Mahon Com. Elliott directed me to have all the requisitions made out, of such articles as would be required on our way home; on the carpenter's requisition there were 300 feet of boards. These requisitions were all approved by me and sent to the commodore; when they came back to me, the 300 feet was changed to 1000 feet. The Constitution at Norfolk was transferred by Com. Elliott. "By the accused.-- When Mr. Barton was brought on board the Constitution, the Shark was about two cables' length distant. Dr. Egbert was on board the Shark. I gave the orders to the officers of the deck to make the arrangements for the removal of Mr. Barton. The second cutter was not ordered out for the removal of Mr. Barton -- it was out at the time. The only boat on board was the first cutter. He was in a Greek boarding house while on shore, and when I saw him, appeared comfortable enough. I do not know what arrangement Purser Fauntleroy made for the support of Mr. Barton at the time of leaving Smyrna. I only know what Com. Elliott told me. Some surgical instruments were left for Mr. Barton's comfort and convenience by Com. Elliott's order; all such things were left as were required by the surgeons, or as the surgeons directed as necessary. [A copy of a letter written by the witness to Com. Elliott, dated 1837, detailing the particulars of the removal of Mr. Barton, and the arrangements made by the orders of the commodore for his support, was proved and read; it went to show that ample provision was made for his support, and that all was done that could be to make him comfortable by the commodore.] The orders for the transfer of Midshipman Ringgold and Chaplain Lambert were not handed to me at the same time. I did not see Mr. Lambert until he came up to leave the ship; he made no complaint to me of the manner of the removal; he did not ask for a larger boat, or I presume he would have had it. The ship was in the harbor of Suda, and within the forts, when Chaplain Lambert left her. Com. Elliott was anxious to get out of the narrow neck of the harbor before night. [A copy of a letter dated Nov. 31, 1837, written by the witness to Com. Elliott, was shown, proved, and read. It went to show that, in the opinion of the witness at the time, Mr. Lambert had his order to leave in time before the sailing of the Constitution -- that he was exposed to no danger when he left -- and that, had he asked for a larger boat, he could have had it.] At the time we were at Lisbon, I lived in the cabin with Com. Elliott, and we ere on terms of private confidence. I only knew of the amount of the subscription list when I went on shore to purchase the plate -- I had had no conversation with the purser. I do not recollect hat Lieut. Bullus and myself had agreed upon any particular kind of plate. We called upon the consul and asked him what he thought would be most suitable. The crew gave us no orders what to purchase, either verbally or written. Com. Elliott expressed to me no wish what, or what kind of plate, he desired to purchase, before we went on shore for the purpose of purchasing it. We did not go to the silversmith's before we were accompanied there by Mr. Hutchinson. The reason Lt. Bullus did not accompany us on the second day was, that he had got so lame on the previous day's tramp; and then, again, he said he believed he would have nothing more to do with it. We sent the inscription to the silversmith's two or three days before the plate came on board. "Without concluding with the witness, the court here adjourned to 10 o'clock on Saturday morning.
"Examination of Capt. Boerum, by the accused, continued.-- I did not prepare the original draft of the inscription put upon the plate; just before we left Mahon, Mr. Holland, just then made purser of the Shark; handed me a sketch for the inscription, but I do not know what became of it; it was left in my hands; the inscription prepared by Mr. Wells, and the commodore was the one adopted, and sent to the silversmith before my complimentary letter to Commodore Elliott, saying that. 'I was happy at being made the medium of presenting the plate to him,' the inscription given to me at Mahon by Mr. Holland did not, that I know of, differ much from that put on; the inscription briefly and simply corresponds with the wishes of the crew as expressed by the heading of the subscription lists; the inscription I sent to the silversmith on the 6th and the plate came on board the morning of the 8th; the consul nor other person, that I know of, gave directions on how many pieces the inscription was to be placed; when the plate came on board I noticed that each piece had the inscription engraved upon it; I did not apprise the crew that the plate exhibited was their token of regard to the commodore; I was not on the berth deck at the time; I said nothing to the crew; did not inform them that their money fell short of its price; I am to be understood by my evidence that the inscription should have been placed on the two tureens only and not upon the pitcher and waiter; I did not apprise Com. Elliott before writing him the complimentary letter that, by mistake or otherwise, the inscription had been placed on too many pieces; the complimentary letter that I wrote to the commodore was written in the cabin; Mr. Wells, the secretary of the commodore, was present, and showed me a draft of a letter which he and the commodore had framed; some few sentences of the letter sent by me to the commodore were the same as the draft shown me by Mr. Wells; the draft was even more complimentary than the one sent; I said at first I did not intend to send any letter, but upon the secretary saying it would be more in form to do so, I did; there was another plate in the cabin, but the presented plate was set apart from it on the table; my complimentary letter was placed along with the four pieces, but I did not mean that the pitcher and waiter was {sic} to be understood as presented by me; I did not at that time tell any one that I meant what I have now stated; the bill for the plate, dated the 11th of January, I presume came aboard the day of its date or the day after; I do not remember who brought it to me; I believe I kept it and it is now on file here; apart from the plate presented by the crew, Commodore Elliott purchased much other plate at Lisbon, which I saw in the cabin; I do not know that Com. Elliott purchased any of the articles contained in the list shown me by Mr. Wells; I know nothing of the object of the crew in presenting Com. Elliott with a token of their regard; I do not know that it was to counteract the idle stories to which currency was given by some of the American press that Com. Elliott was a tyrant; I repaired to the Constitution under the order here shown me, dated Nov. 30, 1836, signed by Com. Elliott, as flag captain of the ship; I do not recollect to have seen a correspondence between Com. Elliott and the Secretary of the Navy, relative to my appointment as flag captain; there was no restriction placed upon my appointment of flag captain in the order from Com. Elliott; the orderly book was handed to me when I came on board and kept by me; at its close it contained the following:- 'All reports hitherto made to me as commander will in the future be made to Capt. Boerum as commander of the ship;' I requested of Com. Elliott to give me a certificate that I had performed the duties of a captain. [The letter was here shown, proved and read, and breathes throughout the warmest friendship for the commodore; it was elicited by the fourth auditor's informing him that he had orders to check against his account some $800 -- the difference between the pay of a lieutenant and a commander.] The certificate given me was written by myself at the commodore's request; I claimed the pay of a commander from the time I received my appointment until the termination of the cruise, because I had performed the duty; I have petitioned Congress for the difference between the pay I received and the pay of captain; I am not to be understood that by private arrangement I surrendered any of the rights and privileges of a commander to Com. Elliott; I was bound to obey him, and when he was not on board I incurred all the responsibilities of the station; when he was on board, he was the commander; I did not consider myself responsible when he was on board; I however did the same duty when he was in the ship as when he was out; though I did all the duties when he was on board the same as when absent, I was not responsible for them. "The following letters were shown, proved, and read:- 'U.S.S. Constitution 'Mahon, Feb. 14, 1837. "Sir,-- I send you the enclosed communication, remarking at the same time that the 1st lieutenant of the ship must recognize you as the only and proper organ through which I am to be addressed. 'I enclose an extract of a general order from the Navy Department touching the enforcement of the punishment, which for the better regulation of the service, I wish may be thoroughly understood by each officer and strictly observed. 'Men on liberty are liable to occasional excesses, and that such indiscretions may be properly regulated, and for the better preservation of subordination, I widh that you take up your quarters on board. 'The cruise contemplated the approaching summer is of interest and importance; and I am anxious to impress on your mind the necessity of seeing maintained in the ship the strictest and most perfect discipline. 'Very respectfully 'J. D. Elliot, Com'g &c.&c. 'Lt. Commandant W. Boerum, Com'g U. S. S. Constitution. 'P. S. I wish to remove the Constitution as far above, or below, the French sloop of war as the pilot may think a place of safety. To obtain a pilot you will send to the captain of the port. "[The order referred to in the above letter and read was from Secretary Woodbury, and was remarkably lenient in its tone towards the men in the service; its great object being to dispense with the degrading use of the lash. Fines, confinement, and every other mode of punishment are recommended before resort is had to it, and in the last extremity its use is restricted to a limited number, and prohibited from being twice resorted to on the same day.] "'(Official and Confidential.) 'U. S. S. Constitution, 'Mahon, March 20, 1838. 'Sir.-- I would call your attention to the following regulations, which at the period of your obtaining pratique, you will cause to be strictly enforced on board this ship during our anchorage in the harbor at Mahon. 'That proper discipline may be enforced on board, that yourself and the first lieutenant will not, at the same time, be absent from the ship day or night, nor out all night; that the shore boats may not be permitted to ply to and from the ship, but that one of our own boats be set apart for the sole use of the wardroom and steerage officers, and that if coxswains cannot be found trustworthy, that midshipmen be appointed to take charge of the boats -- that the men be not allowed to purchase on credit of any shore boats alongside, and that all such that come alongside at night be strictly examined by the corporal of the guard; that no liquor, nor any thing else, be taken on board without permission from the officer of the deck; that one day in the week be set apart for exercise, and divisional exercise every day; and that no person be allowed to leave the ship until the exercise is over; and that every officer be made responsible for the cleanliness and good condition of his own division, together with their clothing. 'Very respectfully, 'J. D. Elliott, Com'g, &c.&c. 'Commander Wm. Boerum, 'Com'g U. S. S. Constitution, Mahon.' "I do not recollect to have had any conversation with the other officers of the ship as to whether we could compel the men, whose times had expired, to do duty; I was not consulted as to bringing the animals on board, but I was as to their arrangements; Com. Elliott told me he was going to take the animals on board, and asked me if they could be accommodated amidships; I told him that I did not think so many could, but I would get the carpenter and measure; he afterwards got the carpenter and gave the directions, as to putting up of the stalls, himself; I expressed no other opinion about it; about fifteen years ago, in 1824, three horses and a colt were brought home in the Constitution when I was on board of her; at the same time of the bringing home of the animals by Com. Elliott I brought home two sheep and two gazelles; the pilot was on board when we passed Cape Henry Light; it was about half flood when we anchored at Hampton Roads; I asked no questions of the pilot as to the taking of the ship up to Norfolk, as I knew she was to anchor at Hampton Roads; I don't think the ship could have gone up at the time we anchored; the general conduct of the crew up to the time of anchoring in Hampton Roads was worthy of approbation; the detention of the ship from the time of anchoring to one o'clock was caused by the tide; there were probably fifteen men came to me and asked when the ship was going up; their deportment was correct; they did not say that I heard their times were out; I was ordered by Com. Elliott to send for a pilot boat, that the men whose times were out might be sent off; a flag for that purpose was flying all the evening; I told the Com. that one boat would not take them all; I do not remember who the officers were who had charge of the boats landing the animals; the boatswain was reported drunk to me; the great cause of the men quarrelling was the men's becoming intoxicated on shore; I did not reprove Lieut. Bullus, or say something to him for confining the men without reporting to me; two of the men whom I wanted put in irons were very much intoxicated, the other two were not so much so; no arrangements were made to repel a mutiny; I think there was no preconcert to resist the authorities of the ship; I do not recollect being requested by any officer to order out the marine guard; I felt no apprehension for my personal safety in consequence of any of the disorders of the crew; Com. Elliott remained up until about 11, at which time I reported to him that all was quiet; I did not hear Mr. Bullus order the men to return the cheer we received from the passengers of a steamboat on our way up; I gave him the order to do so, but do not know that he gave it to them; many of the men might have heard me give the order; thee were a great many between us; I do not know that Com. Elliott was ever furnished with a list of the stores furnished him for his private use; I delivered Com. Elliott's letter of transfer to the commander of the Norfolk station; he gave orders to Capt. Zantzinger to go on board with me and take possession of the ship; when handed over to Capt. Zantzinger she was in very fine order, except the gun deck, which was much discolored, and the bulwarks, full of hair from the animals. "By the Judge Advocate.-- [A question was here asked, but objection being made, was overruled by the Court and unanswered by the witness.] "The Court adjourned to ten o'clock on Monday, on which day it is expected to evidence on the part of the United States will be concluded.
"TUESDAY, June 2, 1840.-- The Court met pursuant to adjournment. Present, all it members, (except Capt. Parker,) the Judge Advocate and Commodore Elliott. The proceedings of yesterday were read. "Some conversation here took place between the Judge Advocate, Mr. Dallas, (the counsel of Com. Elliott,) and the Court, as to the granting of the request of the Judge Advocate to hear two or three named witnesses, ordered by the Secretary of the Navy, should they arrive before the final adjournment of the Court. Mr. Dallas protested against proceeding with the defence, until the evidence on the part of the United States had finally closed, as altogether too irregular passively to acquiesce with. The Court at first declined, at the present time, to give any decision upon the question raised, preferring to leave it until the witnesses actually presented themselves for examination. It might be that they would not arrive at all. The request of the Judge Advocate and the protest of the accused were placed on the record. After some further conversation the Court was cleared that its judgment might be had. After a half to three quarters of an hour deliberation the Court was again opened, and it was announced in substance that no further evidence in chief should be admitted; not intending, however, by this decision, to prevent the Judge Advocate offering whatever evidence he may have of a rebutting character. The protest of Com. Elliott was not against hearing any witnesses that the Government may have, but against proceeding with his defence until the prosecution had closed, and suggested that the Court adjourn from day to day until they should arrive. "Thomas Wells, sworn.-- I am not now attached in any capacity to the naval service; I first joined the service in 1831, as teacher of mathematics, on board the Potomac; I went about 14 months after on board the frigate John Adams; in December, 1836, I went to the Constitution in the capacity of secretary to the commodore, and so continued until the termination of the cruise in July, 1838; Mr. Holland proceeded to the Shark as purser, I think, on the same day I joined the Constitution; some three or four days after joining the Constitution I heard of the intention of the crew to present Com. Elliott with a service of plate; Capt. Boerum was at the same time living with the commodore in the cabin; I never received any authority from the commodore to raise money from the men with the view of presenting him with plate, and I should have declined the service had it been proposed; I will add that I never did receive money from any one for that purpose; the inscription placed upon the plate was drawn up by myself; Com. Elliott knew nothing of it until it was completed; I am not sure with whom the letter presenting the plate to Commodore Elliott originated; it was written by me and transcribed by Capt. Boerum, with the trifling addition of 'flag captain,' and the closing paragraph, beginning 'Herewith I inclose,' &c., which were by Capt. Boerum; I am confident that the whole of my letter, with these exceptions, was adopted; Com. Elliott did not suggest, nor did he see the letter until after it was completed; the letter sent by Capt. Boerum to Com. Elliott differed from the letter drawn up by me only in what I have stated; I never heard any conversation between Lieut. Bullus and Com. Elliott as to raising a second subscription among the men; I was never present at any such conversation. "Capt. Ebenezer Ridgeway, sworn.-- I was on board and in command of the Shark at Smyrna, at the time Mr. Barton was transferred from the Constitution to her. I received orders from Com. Elliott, not to grant him permission to go on shore. I informed Mr. Barton that I had received orders from the commander-in-chief not to permit him to go on shore. I made application to Com. Elliott, previous to the transfer of Mr. Barton to the Shark, for more officers. I did not apply particularly for Mr. Barton. I saw Mr. B. at his lodgings on shore; he appeared to be comfortably accommodated. I do not know exactly what money arrangements were made for his support as the squadron was about to leave. The Commodore, I know, gave orders to the purser to leave money sufficient for his support. I was on the race ground at Mahon at the time of the race, and the occurrence of which Lt. C. G. Hunter has complained. There were many distinguished gentlemen present; I saw a crowd at a little distance which I approached, and as I joined them, saw Com. Elliott mounted; he was addressing an officer, saying, 'Lieut. Hunter, never separate the officer from the gentleman.' Lieut. Hunter said, 'I am not, and never so, sir.' The commodore replied, 'Yes, you do, you are doing it now.' Lt. Hunter rejoined, 'I am not.' The commodore said again, holding out in his hand a stick with which it is usual to ride with: 'You are, sir; keep silence and go on board your ship, and consider yourself suspended.' The commodore was somewhat excited, which I thought arose from the excitement consequent upon the race, and the dispute between the officers. I did not think the shaking of the stick was intended as a menace. The distance between the commodore and Lieut. Hunter was at the time, some 8 or 10 feet, perhaps more. It is customary in that country in riding a donkey, to carry a stick with which you prick him on the shoulder; the rider never thinks of striking them. Among the distinguished strangers whom I saw on the race ground was the Governor, several Consuls, and in fact almost all the distinguished residents of the town. When I speak of the Governor of the island, I refer to General Ogregon.-- [A letter from the witness, answering one from Com. Elliott, to the effect that he had made inquiry, but knew of no one of the officers of the Shark who had been engaged in the duel was here read.] I left the Shark in December, suffering much from ill health. "Captain James Armstrong, sworn.-- I have been in the naval service of the United States since 1809; I have knowledge of animals being brought from foreign countries in our vessels of war; in the Columbus, commanded by Com. Bainbridge, in 1821, we brought home a jack, a bull and a heifer, and several sheep, from some part of Barbary; in the Washington, 74, Com. Chauncey brought home in 1818, from the Mediterranean, a grey stallion; these are all that I recollect having brought over for the purpose of improvement of breeds, or any thing of that kind; I have no immediate knowledge of testimonials of regard having been presented to our officers; I returned to this country in the frigate United States, commanded by Capt. Isaac Hull, in April, 1827; on our arriving at New York there was a difficulty in consequence of the expiration of service of the men; we anchored in the North river {sic} in the fore part of the day; we moored ship, unbent the sails, made them up, and put them below; removed the running rigging and put it below, and piped to dinner; in a few minutes we heard three cheers: I went out to inquire the cause, and was informed by the men that they were going on shore; Com. Hull said I might let an hundred go on shore at a time: they replied, 'that won't do, commodore, our times are out now eight months,' and they appointed one of their number to inquire of the commodore if they had not done their duty like men; he answered in the affirmative; they said they were free men and wanted to go on shore; he then told them 'to clear out,' and in a few minutes they were all in shore boats, and how long it took them to reach the shore, is more than I can now say. "Nicholas Steenbow, sworn.-- I have been in the naval service since 1799; I first shipped on board the Maryland, during the French disturbance; the next ship the Constitution, under command of Capt. Murray {sic: Constellation}; the next ship the Philadelphia, Com. Bainbridge, when I was 19 months, and 4 days in slavery; I then joined the Constitution for a few days; then in the ship Congress, Com. Decatur, I returned to the United States; I then joined the John Adams, from thence to Hornet, under command of Capt. Kennedy; then to the Vincennes, Capt. Finch, on a three year cruise; and then to the Dolphin schooner, and returned in the Guerriere frigate, commanded by Com. Thompson. "After this I joined the United States, under Capt. J. B. Nicholson, on a three years' cruise in the Mediterranean. I then joined the Constitution under command of Com. Elliott. I was at the taking of the Macedonian and Java, and in other small scrimmages. I first joined the Constitution in, I believe, March, on her leaving the United States for France in 1835, as a naval seaman; I did not remain on board of her until the termination of the cruse {sic}. I left her for eleven months, and was on board the Shark as boatswain. I then rejoined her and came home in her. I was boatswain's mate at the time Midshipman Barton was hoisted in and out of the Constitution, wounded; I hoisted him both in and out myself; it was done gently and easily. I know of four animals having been brought home from Tunis in 1805, by Capt. Decatur -- two Arabian stallions and two Arabian mares; they were attended by Turks and brought over amidships. The animals brought by Com. Elliott in the Constitution were not, that I heard talk of, the cause of trouble or inconvenience to the crew. I do not recollect Com. Thompson brought from the Pacific horses -- he had horses out there, and may have taken them out. In case it had become necessary to clear for action, the ship could have been cleared in fifteen minutes, of the animals and their stalls. Neither the noise nor the smell of the animals affected the crew, that ever I heard a man mention. There was no want among the men of messing or berthing places. I never saw a mutiny on board the ship; I saw a parcel of drunken men. Not one of them that I saw resisted or opposed the officers. The sober men were made drunk by the men who tended the animals bringing liquor on board. I saw liquor passed on board by the bucket full. Mr. Wager was one of the officers who had charge of the men in landing the animals, and he permitted liquor to be brought on board; I think Mr. Ringgold was another -- I cannot recollect any others. The officers were not sober when they came to the ship. I saw Com. Elliott among the men during the afternoon and evening; I saw him call one man out of the forerigging who had refused to be put in irons; he was put in double irons on the quarter deck abreast the mainmast -- there were three others if I recollect beside him. I piped the hammocks down -- the boatswain being drunk and unable to do his duty; he got drunk on shore. The cause of the attack of the crew on the black man Ennis was, his having cut a man by the name of Wm. Bell, through the thigh with a sheath knife while lying ini Mahon harbor. He afterwards stabbed another; I do not exactly recollect what time; he was brought up for it before Capt. Boerum, and received two dozen with the pickled 'cat.' I subscribed to the plate to Com. Elliott at Mahon harbor, after leaving the Shark -- because we (the crew,) saw the commodore advertised so much in consequence of cruelty to Mr. Barton, and being a tyrant to his crew; and to let the public know that he was a good officer -- kept his men in proper order, &c. "I never saw the second subscription paper, and knew nothing about it. I know of testimonials of respect having been presented on board the United States -- I there subscribed to a sword to 1st Lieut. McKenney, and by his request advertised it. [The advertisement was here shown, proved and read. It is dated Feb. 20, 1834.] I do not recollect any other tribute of respect of the men towards their officers -- I do not recollect one to Com. McDonough. Great many of the men's times while at Mahon. I re-entered myself, to remain with the ship during her stay in the Mediterranean -- to return with Com. Elliott, and to be discharged upon reaching the first port in the United States. I never refused to re-enter from the time that I was asked; a paper was taken in to the commodore and brought back; the officers objected to the men's re-entering; but on the coming out of the last paper they were all willing to re-enter; I never saw or heard the crew exhibit hostility towards Com. Elliott; the crew exhibited their ill will towards Lieut. Bullus in consequence of his cruelty and general bad conduct to the men; in the absence of the captain and the commodore, while the crew were eating, Mr. Anderson came out and demanded silence twice, and called them opprobrious names; he then took out his book and took down their names; the next day at 9 o'clock they were all brought up and were desired to strip; the men asked for what reason -- why they should be punished with the cat in the absence of the captain or commodore; they had done nothing to merit it; they were tied; I asked Mr. Bullus if I was to take a pickled cat or a dry one; he said take one out of the buckets as usual; I then whipped between 70 and 80 men with a 'colt;' Com. Elliott was not on board at the time. "Asa Curtis, Gunner, sworn.-- I am now and have been attached to the naval service of the U. States since 1812; I am at present attaché to the naval asylum in this city; I have never been under the command of Com. Elliott; when I was in the Delaware, Com, Crane, I think we arrived in 1830, we brought home six or seven jacks and jennies; I think we also brought t here in the last cruise of the Delaware, Com. Patterson -- both times from the Mediterranean; in the Columbus, Com. Bainbridge, we brought one jack and a bull and a cow from Tuscany; the Delaware, Com. Patterson, returned in February, 1836; some of the ship's company attended to the animals in every instance cited; they were also brought on board in the ship's boats; they were landed in the same way on arriving in the United States. "The Court adjourned to 10 o'clock, Wednesday, morning." (Pages 401-6.)
Number 2 (July 9, 1840) "Report for the Public Ledger. "NAVAL GENERAL COURT MARTIAL, "At Philadelphia. "TRIAL OF COMMODORE ELLIOTT. "WEDNESDAY, June 3 -- The court met pursuant to adjournment of yesterday. Present all its members, (with the exception of Capt. Parker, who is detained at his lodgings by indisposition,) the Judge Advocate and Com. Elliott. The proceedings of yesterday were read. "Wm. Price, sworn.-- I have been from nine and a half to ten years attached to the naval service, but am not now attached to it; I was both petty officer and seaman; I was captain of the top under Captain Conner of this court; I am not now attached to any particular service; I was last in the service of Thos. P. Cope, and arrived about five weeks ago in the Monongahela, Capt. Turley; I joined the frigate Constitution from the sloop of war John Adams, in the Mediterranean, in the month of February, 1837; I was Capt. Boerum's captain coxswain for 18 months: we (myself and men) volunteered the rest of our time out on board the Constitution from the John Adams, and agreed to serve on board her as long as Com. Elliott had command -- to be discharged on her arrival at the first port in the United States; I was in the maintop when Chaplain Lambert left the ship in the harbor of Suda. The maintopsail was against the mast. The Shark's boat, while she was waiting for Chaplain Lambert, was on the weather side; a moderate breeze was blowing, and there was but a light sea; the ship was on the wind; it did not occur to one that the boat was in the least danger on her leaving the ship; I was on shore and present the evening that the hospital steward was beaten; one of the assailants belonged to the frigate United States, the other to the schooner Shark; one of their names, to the best of my recollection, was Lasello, the others I do not recollect; they were both Mahonese. "The steward was stabbed by either a knife or a dirk; word was sent for the police to come, but before they arrived the two men left; I cannot say, for the crowd, which of the two gave the stab; I was attracted to the spot by the cry of murder; I was at the time ashore on liberty from the Constitution; I knew the man attached to the United States before the occurrence, and have seen him since; he never mentioned any thing to me about the punishment; I never heard the crew express any dissatisfaction at the presence of the animals; they appeared much pleased with them, and would feed them at their regular meals -- give them bread from the mess; there were plenty of spare numbers; men were allowed to mess as far aft as the cabin door; Mr. Bullus would not allow us to mess there; there was no difficulty in berthing or messing while the animals were on board; the men slept on deck before the animals came on board; the deck could have been cleared of animals and their stalls in ten minutes; the ship arrived at Hampton Roads between ten and twelve o'clock; I cannot say at what time the first boat went on shore; I was on shore in one of the boats myself, with Mr. Muse and Mr. Dulaney, but for what purpose cannot now say; while on shore I saw the men and boats arrive with the animals, but I cannot say the number of men in the boats; there were 3 or 4 boats; some of the boats were without animals; Mr. Ringgold, Mr. Rogers, and Mr. Wager were in charge of the boats, that I recollect at this time; they allowed the men to get liquor when they came on shore; I saw no one of the officers attempt to prevent them; when the life-boat came on shore the officer who was in charge of it left it and went to the hotel with the pilot; when he returned the men asked for liquor, and he gave them permission to go and get it; they went and got it and brought it on board; while the officer was gone to the hotel a second time the men got more liquor, and kept it on board until they shoved off from the shore; while we were on shore the officers with us asked us if we had had supper; I told him {sic} no; he gave me a quarter dollar to treat myself and men with liquor; we shoved off for the ship between seven and eight o'clock; one of our men was so drunk that he could not pull his oars, and we twice laid on our oars between the shore and the ship; we were given liquor by the officers with us. "On returning to the ship we took on board the lantern and the candle that we had taken to the shore for the officers to light their segars {sic} with, which I returned to the quartermaster when I came on board; I did not see any of the men fighting in the boats on their return to the ship; I did not on that day know of the existence of a mutiny on board the ship; I was on shore until after seven o'clock; when I returned on board the men were in chase of a negro man; the men were ordered forward and obeyed the order; thee was no fighting on board after that time; the cause of the hostility of the men towards Ennis was his cutting of one of the men with a knife in the forepart of the cruise; Ennis was also in liquor; I do not know what he as put in irons for; I was not on board when he escaped; he was taken aft after I came on board, by some of the men who were sober, and there kept till morning; I heard no expressions of hostility towards Com. Elliott; the crew were always very kind and well disposed towards him for his fatherly feeling for them; I saw Com. Elliott walking round the ship as late as 11 o'clock at night. After he had gone round the spar deck, he went down on the gun deck, and then went to Capt. Boerum, who was sitting on the hammock netting; I went at that time to my hammock, and heard no farther disturbance on board of the ship after. After the court of inquiry was over last spring, my shipmate, by the name of Melville, left her; I do not know where he is now, unless among his friends at New York; Melville is one of the men who was on shore at the time the hospital steward was so injured. I do not know that he gave any evidence on that subject before the court of inquiry. "Dr. Cornelius Moore, sworn.-- I was once attached to the naval service as assistant surgeon, and am now a resident of the city of Philadelphia; I know of testimonials of respect having been presented by the crews of our public vessels to their officers; I recollect having put my name to a subscription list on board t he Cyane in 1822 or '23; it was to purchase for Capt. R. T. Spence a service of plate; I do not recollect whether it was before or after the termination of the cruise; I never saw the plate, nor can I now say that the crew did or did not aid in raising it; I did not pay the money I subscribed; it was paid by the purser, and charged to my account; I believe it was a New York; I think the present was accepted by Capt. Spence; I so understood. "Eli Holcomb, sworn.-- I am not now attached to the naval service -- my connection with it ceased in August, 1838; I joined the Constitution in February, 1835, at Boston, as orderly sergeant of the marine guard, and remained in her until August, 1838. I was on deck at the gangway when Chaplain Lambert left the Constitution; the maintopsail was hove to the mast; I should not think the Shark was over three miles distant at the time he left the Constitution; it might not have been so far; I did not think at the time that he incurred the least bit of danger in leaving the ship. The cause of the crew's presenting Com. Elliott with a token of their regard, was in consequence of their general good feeling towards him; they saw many attacks in the newspapers on his character, one of which, I recollect, called him a sea tyrant; it was in consequence of these unwarranted attacks upon him, together with his good treatment towards us all, that I signed it; the subscription was in the hands of the master-at-arms the first time I saw it; he at the same time asked me if I would sign it; I told him I would if he would; he then wrote his bane and placed $5 opposite to it; I did the same; the gunner's mate, John Barr, was not satisfied with it, in consequence of his name not being first; I then erased my name off, and a new list was got up, confined exclusively to the names of the marine guards; I kept the list lying on the chest, so that all who wished to sign did so of their own accord; after the list was filled I handed it to the master-at-arms to put along with the seamen's; what he did with it I don't know; when I first saw the subscription there were no names on it. I do not recollect how long it was before we left Mahon; it may have been six or eight weeks; I never heard an officer use any persuasion with the men to induce them to sign it; I believe it was the spontaneous will of the crew. I do not think that the animals on board affected the health, comfort, or convenience of the crew; the men appeared to be very fond of them; the animals were on board only while at sea, and with one watch's hammock [sic] down there was always plenty of room. I never heard of any mutiny on board the ship; the crew were drunk at Hampton Roads; I do not think that Lieut. Bullus had any occasion to be alarmed; I have before seen as great a noise on board of a man of war as there was then on board of our ship; he did not say or do any thing at that time to indicate that he was alarmed; he did previously at Malta. [A question was here offered to this effect -- 'Have you any cause to believe that Lieut. Bullus is liable to entertain unnecessary alarm?' The Judge Advocate read it to the court before propounding it to the witness, who thought it irrelevant and intimated a desire that it should be withdrawn. Mr. Dallas then stated that he thought the question one entirely proper, and insisted that it should be put. He stated farther that he did not wish to be misunderstood by the court -- he did not wish it inferred that the object was to make Lt. Bullus out a coward, or any such thing; but to show that he was liable from disease, or any other cause, to be easily and unnecessarily alarmed -- and that he was so upon the occasion of the alleged mutiny at Hampton Roads. The court was ordered to be cleared, and in about half an hour was thrown open and its decision announced by the Judge Advocate, which was against the witness answering the question. Mr. Dallas asked a few minutes' time to prepare his exceptions to the decision of the court, which was granted, and leave given to enter his protest upon the minutes.] "Jesse E. Dow, sworn.-- I am not now attached to the naval service; I belong to the post office department; I was attached t o the frigate Constitution as secretary to the commander. We went out in August, 1835, and returned in April, 1836. I was present in the after cabin of the Constitution at the time of the conversation between Dr. Boyd and the commodore relative to the removal of Midshipman Barton from the Shark to the shore. Dr. Boyd came in and recommended that Mr. B. be removed to the shore, as he would be more comfortable; and that his wound would admit of the removal. Com. Elliott directed that the removal should take place -- and further directed that comfortable quarters be provided for him, and that Dr. Egbert, of the Shark, should see that it was attended to. Dr. Boyd then turned and took his leave -- but thinks that he was not out of hearing when Com. Elliott said to me, it was very strange that Dr. Boyd should be in favor of the removal of Mr. Barton this day, when he objected to his removal from the Constitution to the Shark; 'For,' says he 'on the day of the duel he objected to the removal; but on my requiring a written remonstrance, as fleet surgeon, he declined giving it.' This conversation between Com. Elliott and Dr. Boyd was three days after the duel. [The witness was here asked if he was present in the wardroom at any subsequent conversation with Dr. Boyd; the object of which, as explained by Mr. Dallas was to show that Dr. Boyd had admitted that he made no written remonstrance as the surgeon against the removal of Mr. Barton. The question was overruled.] Animals were brought home in the Constitution. Com. Patterson, in 1828 -- several sheep. I recollect also the frigate Potomac having brought home a small animal. Those are the only instances that I know of animals having been brought home in our vessels of war. I beg pardon, I recollect also that we brought home for Mr Livingston a bull and two Durham cows, and several large sheep, almost as long as the guns. I do not know how the sheep brought home by Com. Patterson were landed -- I saw r\them on the berth deck. At the time of the return of the frigate Potomac, Com. Downes, from the Pacific, I remember to have seen the men come out take the boats {sic}, and claim to be discharged, as their times were out, it was said. "Cross-examined by the Judge Advocate.-- Dr. Boyd made no reply to the remark of Com. Elliott. I do not remember that Dr. Boyd turned after he touched his hat. The remark of Com. Elliott seemed to me to be one of those general observations intended as much for the individual as myself. The conversation direct between Com. Elliott and Dr. Boyd had ceased and the Dr. had touched his hat, turned, and had passed, or was passing, out of the door; but how far out in the outer cabin he was, I don't know. The blinds were down, and it was all much the same as one room. We could see directly out. The blinds were of lattice work, and many of them were down. "By the accused.-- "Do you happen to know of the cause of the removal of Midshipman Barton from the Constitution to the Shark?' [Objection was made to this question, and the court was again cleared. After a few minutes it was opened, and the Judge Advocate announced the decision of the court against granting permission to ask the witness the question.] I understand that an order was given the purser of the Shark to leave money for the support of Mr. Barton -- I heard the commodore give the order -- I was sitting by my desk at the time. I also remember of his ordering a surgical instrument to be left. I think three months' pay was left for him. I do not remember whether there was or was not any order made for Mr. Barton's rejoining the squadron. "The court adjourned to ten o'clock on Thursday (this) morning.
"Com. John B. Nicholson, sworn.-- I was captain of the U. S. ship Delaware, when Com. Daniel T. Patterson brought home animals in her from the Mediterranean; they were three jackasses, two of which belonged to Com. Patterson, and the other, by permission of the commodore, I brought home for Mr. Donelson. "Lieut. J. L. C. Hardy, sworn.-- I belong t o the U. S. Marine corps; I am a first-lieutenant, and have been going on 18 years in the corps, and the greater part of the time attached to the naval service in different ships of war. I was attached to the Constitution under Com. Elliott, during the whole of her cruise in the Mediterranean -- a period of three years and six months, and during the whole of that time commanded the marine guard. "I was present at the time Chaplain Lambert received his orders for the Shark; it was almost 2 o'clock; I was sitting beside him at dinner. At the time he received his orders he complained at being ordered out of the ship so suddenly; I heard him make no complaint of the state of the weather, or the boat that he was to go in. I went up with my brother officers to take leave of him when he left the ship -- we all took leave of him at the gangway. I did not observe the state of the weather or what boat it was he left in. The commodore and Gov. Cass were standing on the deck at the time -- abaft. "I think it was previous to our leaving Mahon for Lisbon, that I had occasion to go to the berth deck to call the orderly-sergeant to some duty; I there saw a number of sailors assembled around the mess chest.. I asked of the sergeant what those men were doing there; he replied that they were making up a subscription to make a present of plate to Com. Elliott. I saw the plate frequently afterwards in the cabin; that is all that I know on the subject of the plate. "I knew of a consultation that took place among the officers relative to the expiration of the time of one of the marines, in order to compel him to do duty. Private Shaw came to me on the gun deck, and informed me that his time was out, and that he did not wish to do further duty on board the ship. I told the man to remain, and immediately reported the case to Lieut. Bullus and Commander Boerum -- and asked if I should confine or punish him. The captain replied that I must wait, and he would see the commodore on the subject -- and they both went to the commodore's cabin for that purpose, while I remained outside. They were in the cabin 15 or 20 minutes, and then came out and told me that upon consultation, the commodore had decided that the man could not be punished after his time was out, and to let him go about his business. From that time until our arrival at Hampton Roads, 22 or 23 of the marines time expired -- which, as of ten as they occurred, I reported to the captain and received the same answer. There were but 23 on duty when we arrived at Hampton Roads. "I know of no mutiny on board the Constitution. The conduct of the crew on that occasion was highly unmilitary and insubordinate. The men were drunk and fighting in all parts of the ship. I saw no attacks upon the officers, or resistance of the orders of the officers. I heard them abuse very much Lieuts. Bullus and Steele; they also beat the master-at-arms upon that occasion very much. "I was in the ward room when he came rushing in with his face very bloody, and begged that we would let him remain and protect him from the crew, that he thought his life was in danger; as he was a corporal of marines I took him into my room, and told him to wash himself in my basin; he did so, and after remaining in the ward room some time went out; I did not see at any time during the evening occasion for calling out the marine guard; I heard at one time a great rush on deck, accompanied with loud shouting; a few moments afterward a sergeant came down and informed me that the crew had carried off three or four prisoners in charge of the sentry at the gangway; I then went on deck and reported the case to Lieut. Bullus and Capt. Boerum, and had some conversation with them on the subject; Lieut. B. wished them turned out, but Capt. Boerum did not; Capt. B. stated that it would be useless to turn them out as there were so few on duty. On that evening several of the marines whose time had expired were ready to stand by and assist the officers in case of further disturbance. I did not consider the drunken row at Hampton Roads as any thing like a mutiny; simply a drunken frolic by the crew, and was solely attributable to intoxication; they offered no violence to the officers, and at eleven or half past eleven o'clock all was quiet; the next morning, after they had slept off their drunkenness, they went readily to their duty, and the ship was taken up to Norfolk; there was no apparent combination among the men to oppose the military authority of the ship. During that evening I repeatedly saw the commodore on deck; I saw him and Capt. Boerum in conversation on the horse block; I do not know what time he retired. "Cross-examined by the Judge Advocate.-- [A paper was here shown to the witness, which purported to be an official report of the expiration of the terms of service of the marines on board the Constitution, proved, read, and annexed to the record.] I was passing along on the gun deck during the evening of the disturbance at Hampton Roads and was halted by some of the marines whose times had expired, who said, 'Don't be under any alarm, Lieut. Hardy, the men whose times are out will stand by and protect the officers, should the crew molest them, the same as though their times had not expired;' by this I know that they would have stood by and done duty. "Eli Holcomb, recalled.-- I know of a token of respect having been presented by the crew to their commander; while lying in the harbor of Callao, on board of the old sloop of war Peacock, I subscribed to a fund to present Commander Beverley Kennon with a service of plate or a sword, or anything that he might choose; I never saw the plate myself and know of no other instance; the money that I subscribed was paid by the purser; it was so entered on the books; I never, as I recollect of, saw the circumstance mentioned in the papers; it was I believe in 1825 or 1826; I joined the service in 1824; Com. Hull was in command of the squadron. "By the President.-- I do not recollect on which side of the ship it was that Chaplain Lambert left the ship; whether on the weather side or the lee. "The present was accepted by Commander Kennon; I recollect that his letter of acceptance stated that he would accept of it, and think as much of it as if it had been given him by the Navy Board or by Congress, or something to that purpose. "Gunner Thomas Ryley, sworn.-- I was appointed a gunner in 1827, and hold the same station still; I came in the service as an ordinary seaman in 1813, in the time of the war; I was attached to the Constitution under Com. Elliott during all her cruise in the Mediterranean; with the exception of the stalls, the battery was always in good fighting order; the stalls were not, any of them, fastened to the trucks of the guns, or any part of the battery; in my testimony before the court of inquiry I stated that it would take from twenty to thirty minutes to clear away the stalls and animals, but by throwing some of the animals down the main hatch, which did not occur to me at that time, and with proper management this time might have been lessened one half; fifteen minutes, I think, would have sufficed for the purpose of preparing the ship for action; the guns were not run in, that I know of, during the night; they were run in a number of times on the passage home during the day; I cannot say how many; I did not hear any dissatisfaction among the crew in consequence of the animals being on board; I did not know of any mutiny on board the ship at Hampton; I was on shore with the animals at the time it was said to have occurred; I returned to the ship from the shore about nine o'clock; the men were a little noisy, but there was no quarrelling or wrangling; some were sitting forward on the guns and shot boxes, singing songs; I think a great many of them intoxicated; some of them were in their hammocks. I had no reason to suppose that the ship was got under way the following morning without proper orders; the men were a little noisy, but I think not more so than usual upon such an occasion; I think I have seen men equally as much so in other ships; my duty upon the occasion of getting under way was not other than usual; I had been severely wounded in June, 1837, and was not as frequently called upon as I otherwise should have been; there was no difference in getting under way on the morning in question, other than I have already stated; I know of but one man's remaining out of the ship all night after the landing of the animals, and t hat man stated to me that he had permission from the commodore to remain; I had no charge of the men and boats. "Cross-examined by the Judge Advocate.-- I went ashore at the request of Com. Elliott, to see to the pasturage of the animals; the man's name who remained on shore was Gage; the animals were taken a mile and a half or two miles from Hampton; I am a stranger there, and do not know the place. [In detailing some of the previous evidence of this trial we did the above witness an injustice to say that he brought his wife and three children home in the Constitution. It was one of the musicians who brought his wife and t hat number of little ones, and not Gunner Ryley.] "Garrett R. Barry, purser, sworn.-- I am attached to the naval service, and have been since 1825 or '24, as purser; I know of Capt. Gallagher of the Vandalia, just as he was leaving the command to come home as a witness on the trial of Com. Creighton, having been presented by the crew with a service of plate as a token of their regard; I think about $300 was subscribed; but as he was about to leave, and as there was no time to do it, I gave him the money, and he told me afterwards he had purchased it; this was in the latter part of 1830 -- in September or October; I do not know the number of pieces of plate purchased by Capt. Gallagher, but I think he told me it was one vase or cup; the principal officers on board of the Vandalia at the time were Lieuts. Mattison, Ringgold, Sanderson, and Lockwood; N. C. Lawrence, master, and the surgeon's name I do not recollect. "James Dougherty, sworn.-- I was attached to the Constitution under Com. Elliott, and was hospital steward on board of her and left her at Mahon; I came home in the Shark; I was on board of the frigate Potomac that brought home one animal; I was below when Midshipman Barton was brought alongside of the Constitution in a wounded condition; I was present when Dr. Boyd operated on his leg, and until he was removed to the Shark; I should judge t hat it was about two hours and a half from the time that his leg was operated upon until his removal to the Shark; I subscribed to the service of plate to Com. Elliott; my motive in doing it was that a parcel of men had papers sent up to them, in one of which we read that 'Com. Elliott was a malicious, black-hearted sea tyrant.' -- the subscription began by a parcel of petty officers and men saying that to show the citizens of the United States that the commodore was no tyrant, they would make him a present of plate; no officer interfered to induce the men to subscribe; no officer was allowed to subscribe; I saw the plate after it was purchased on the berth deck at the main hatch; the master-at-arms told me that the plate exhibited was the crew's present to the commodore; he went round inviting the men to come and look at it; I can't say the number of pieces presented; I forget the number of them; I saw inscriptions on them, and at the time I was there I suppose there were about thirty round it reading the inscription; I think every man in the ship read it; I di not, nor did I ever hear any one of the crew, express dissatisfaction with the inscription. "John Gibbins, sworn.-- I am not now attached to the naval service. I left it in 1838, at the expiration of Constitution's cruise. I was attached to it about three years and six months, and was on board during the whole cruise of the Constitution in the Mediterranean, in the capacity of ordinary seaman. I was in the boat that took Midshipman Barton from the Shark to the shore; he did not, as far as I saw, appear to suffer much pain. The reason of the crew's subscribing to present Com. Elliott with a service of plate was, in the first place, his general goodness towards them; and in the second place because saw him assailed by a portion of the American press as a cruel and black-hearted tyrant in his conduct toward the crew. We, the crew, therefore thought it our duty to repel the unjust aspersion, by the presentation of a token of our regard. I did not, nor as far as I saw did any of the crew, suffer inconvenience by the presence of the animals on board. "George Richards, sworn.-- I am not now in the naval service -- I was attached to it for four years, and left it the 1st day of August, 1838; I am a wheelwright by trade, and have worked at it ever since. I joined the Constitution on the 15th of August, 1835, in New York, and left her at Norfolk at the time stated. I was a private of marines, but a part of the time I acted as master-at-arms, attending the gangway, as ship's corporal; and sometimes helped the carpenter when he was short of hands. I subscribed two dollars on the subscription list to present Com. Elliott with a service of plate. The reason for doing it was that we had received from the United States some papers characterizing the commodore as cruel and tyrannical towards his crew. The ship's company thought that that was the only means that they had of repelling it. I cannot recollect the time that I first saw the list, but it was at Port Mahon, and in the hands of the orderly sergeant. There had been one out before the one that I signed. I first saw the plate at Lisbon, on the berth deck, where it had been brought and left for the inspection of the crew. I think there were four pieces -- three or four, I am not positive which. The master-at-arms first informed me that the plate exhibited was the crew's present to the commodore. The inscription testified to the same fact. Word was passed throughout the ship that those who wished might go up and see the plate. The inscription was read aloud. I did not notice that each piece of plate had the inscription upon it. The animals on board were no cause of complaint with the crew. They appeared to be very fond of them, frequently playing with them when off duty. There was plenty of room for messing, and I never heard the men complain for want of room. An order was issued by the commodore that those men who had been deprived of their usual messing places should be permitted to mess as far aft as the cabin door, which they did, until Lieut. Bullus drove them away, on the plea that they made too much noise. I saw nothing of a mutiny at Hampton Roads; I saw about two-thirds of the ship's company drunk, fighting among themselves. We had two men on board of the ship by the names of Barber and Lomaro, between whom there always existed a rivalry as to which was the best man, and it was they and their respective friends that created all the disturbance. My time expired on the 24th July, but I did my duty until the ship passed Cape Henry light, when I ceased to do duty. On the night of our anchoring in the Roads, I told Lieut. Hardy that, should occasion render it necessary, I, with fourteen or sixteen others, were willing to take arms in defence of the officers of the ship. "Cross-examined by the Judge Advocate.-- I was examined before the court of inquiry -- I did not then represent myself as a seaman." (Pages 21-4.)
NOTHING
"COMMODORE ELLIOTT.-- The Naval General Court Martial, which convened at Philadelphia on the 4th of May last, for the trial of Commodore Elliott, found him guilty of the 1st , 3d , 5th , and 8th charges preferred against him, and sentenced him to be suspended for four years, with a suspension of pay for the first two years. "The sentence has been approved by the Secretary of the Navy; but so much of it as deprived Com. Elliott of his pay has been remitted by the President. "As soon as the state of our columns will permit, we shall insert the official promulgation of the finding and sentence of the court, with the charges and specifications of which Com. Elliott was found guilty, as above mentioned.-- Globe. (Page 63.)
"Reported for the Public Ledger. "NAVAL GENERAL COURT MARTIAL, "at Philadelphia. "TRIAL OF COMMODORE ELLIOTT. "FRIDAY, June 5, 1840.-- The Court met pursuant to adjournment of yesterday. Present, all its members, the Judge Advocate, and Com. Elliott. The proceedings of yesterday were read by the Judge Advocate. :"Nicholas Steinbow, recalled.-- William Redfield, who testified before the Court of Inquiry, left here in the Dale as a marine, with me; I do not know where he now is; he was transferred on board the Java, flag ship. [Mr. Dallas here offered a paper, asking, as he had shown that Mr. Melville and Mr. Redfield, who had testified before the Court of Inquiry, were absent and beyond the control the control of the accused, that the evidence, as then given by them and recorded, should be read in evidence on this trial. The Court gave its assent, and it was accordingly read. That of Redfield was, that he knew of a number of animals having been brought home by Com. Rodgers. The evidence of Melville was, that a flag tent had been made on board the Constitution for Capt. Boerum and Lieut. Bullus, which they took to Damascus; it as returned to the ship again. The evidence of Michael Johnson, given before the Court of Inquiry, was also read from the minutes of the Court of Inquiry; it was, that a sword had been presented by the crew of the frigate Guerriere to Com. McDonough, as a token of regard, after he was arrested.) "Chaplain Walter Colton, sworn.-- I have been attached to the naval service about ten years, in the capacity of chaplain; the sloop of war Vincennes, under the command of Capt. Shubrick, and to which I was attached, leaving New York for the West India station, took on board Gov. Von Sholten, of the island of Santa Cruz, and his suite, and two or three horses belonging to the Governor, all of whom and which we left at the island of Santa Cruz, on our passage out. To the best of my recollection the animals were placed in stalls under the forecastle; their accommodations required, I believe, the temporary displacement of one or two of the forward guns. "Charles Paul, sworn.-- I was an ordinary seaman on board of the Constitution during her cruise in the Mediterranean. I joined her in 1834, and left her in 1838. I was on deck when Chaplain Lambert left the ship in the harbor of Suda; the foresail and mainsail were hauled up, and the maintopsail back to the mast. I was one of the subscribers to the present of plate to Com, Elliott; I subscribed $2; my reason for subscribing was, that some of the merchant ships brought newspapers out, in which the commodore was characterized as a tyrant. It was that which induced the ship's company to get up a subscription to present the commodore with plate, or something that would show the people of the United States that the crew did not so consider him. The plate, four pieces, two tureens, a pitcher, and a waiter, cam on board at Lisbon, and was set out on the berth deck for the crew to look at. There was an inscription upon it, but I cannot now repeat what it was. The crew made no complaint of the animals being on board, or in consequence that they were deprived of their usual messing and berthing places. There was plenty of room to hang their hammocks up. The crew had permission to mess as far aft as the cabin door, but were forbid to do so by Lieut. Bullus, who said that they made too much noise there. I went ashore at Hampton; I was one of the men in the lifeboat: Mr. Wager was the officer of the boat. In the evening, when we went on shore, we were the last boat with the animals; we asked Mr. Wager if we could have some grog. He then sent John Alexander up with a bucket, who returned with it nearly full. Mr. Wager and the pilot went to the hotel, where they staid {sic} about two hours. While they were gone, one of the men went and got another bucket of liquor, and set it in the bows of the boat. When Mr. Wager and the pilot came to the boat they were both drunk; when I went on board I sat on the larboard side, on the spars; I had not sat there long when three of the men came along with Ennis and gave him to Mr. Steele who was officer of the deck, and told him to keep him aft. "Charles Robinson, sworn. I am not attached to the naval service at present; I was, in 1838, a passed midshipman; I joined the Constitution off Craney island {sic}, standing up for Norfolk, on the 1st of August, 1838; I went down in the steamboat to meet her; I was in the cabin with Com. Elliott, at the time Capt. Boerum came to report that the men wished to go on shore, as their time was out. They had some little conversation on the men's leaving the ship before every thing was secure; but it was decided that they had no right to detain them, and Com. Elliott gave the captain orders to let them go. The captain said that they had better no let them have the ship's boats, that they could not spare the ship's hands; to which the commodore at the time assented. He directed the captain to say to them that he regretted he could not take leave of them in person, some members of his family being on board -- but to say to them that he was pleased with their general conduct, and should be pleased to hear of their doing well. This is the substance of what he said. I afterwards saw the men had the boats of the ship -- the commodore at the time was on deck, and may have given the order for them so to do. "James Arginbeau, sworn.-- I was in the service of Com. Elliott at Mahon, and have remained so ever since. I cannot tell exactly how far the animals were kept out of town, at Mahon, but I think about four miles; I have forgotten the name of the place. The farmer took care of them, for which Com. Elliott paid him about $600. I was at home when the farmer came to get his pay; it was about a month before the ship sailed. Sansone was the commodore's steward for a month or two before the ship left Mahon. Michael Deteras came home in the ship, as the commodore's steward. Gomille had been out of the commodore's service, as steward, twenty months, when the ship left Mahon to come to this country. James Gomille was stationed, after he left the commodore and before the ship sailed, at the navy yard. I do not remember that it was just after the ship returned with Gen. Cass to Mahon. I was born at Mahon. "Capt. {J. P.} Zantzinger, sworn.-- I am a captain of the navy of the United States, and have been attached to the service 30 odd years. When the Constitution arrived in this country, in July, 1838, I was commander at the navy yard, Norfolk. She was delivered over to me after her cruise in the Mediterranean, by Capt. Boerum; the date I do not recollect. I went on board and received her from him. She was in very fine order when I received her; a survey was held, and the ship thoroughly examined and found to require very trifling repairs. I perceived no marks of the ship's having brought over animals; no stains upon the decks, nor tufts of hair on the stanchions. The appearance of the paint on the gun deck was very good. The guns, the carriages, and the whole battery of the ship I considered in very good order. All that was ordered to be taken out of her was taken out by the crew of the ship; many things were ordered to be left on board by Com. Warrington, the commandant of the station. The crew of the ship were paid off at the navy yard; their conduct and deportment was very orderly. "Frederick Mermier, sworn.-- I am not now attached to the naval service; I am a native of this city and reside here; I am a sailmaker by trade and have been foreman for John Cromwell; I was attached to the Constitution during her cruise in the Mediterranean; I joined her in March, 1835, at New York, and was in her when she brought Mr. Livingston home, and returned in her to the Mediterranean station, and continued with her until she arrived at Norfolk in 1838; I was sailmaker's mate; the charge annexed to the record against Com. Elliott of one bolt of sailcloth, No. 6, for making a tent, was made up for Capt. Boerum and the officers; the sailmaker ordered me to make it; a square tent was made for Gov. Cass out of French duck, for which two bolts came on board at Marseilles, containing in each bolt 93 or 94 yards; that was Gov. Cass's private property; the tent was made for Gov. Cass, and I expect Com. Elliott used it; he travelled with Gov. Cass; the next charge of several bags in the account, were bags for what is called camp stools and one bag to put the tent in; the bags for bolsters were made for Gov. Cass and his aids; the orders reached me from the sailmaker to make them; the old canvass {sic] charged to Com. Elliott came from the Department and was made into bags for grain and hay, and as they were emptied were returned to me again by a man of the name of Gage, the hostler; it had been previously used as a topsail of the Shark; it was flax and cotton mixed; the canvass that was used for slings was likewise returned to me, and when I left the ship at Norfolk they were lying alongside of the sailroom. I subscribed to present Com. Elliott with a service of plate in consequence of his good conduct towards the crew, and because I saw in the public papers that he was characterized as a tyrant towards the crew, as well as to show the citizens of the United States that he did not deserve the character given him; the men would not sign the paper that first came out to reship; the second paper I signed to remain with Com. Elliott during the cruise, and to be discharged on our arrival at the first port in the United States. "Cross-examined by the Judge Advocate.-- I cannot state on what day I reshipped; it must have been about September, 1837; it was at Port Mahon. "Thomas Wells, recalled.-- I travelled with Capt. Boerum to Damascus; the tent we used on the journey thence and back was made on board the ship. "Thomas B. Jacobs, sworn.-- I am a farmer, though not now engaged at farming; I reside on a farm in Lancaster county, at Churchtown; I know that a number of animals brought home by Com. Elliott are distributed, some in Missouri, one in Tennessee, one in charge of Mr. Forsyth, intended for Georgia, and two in this State, jacks; there may be some in Virginia; they are distributed principally breeding on shares; the one half of several of them have been disposed of; for those that are breeding on shares; Com. Elliott has received no profit, except a trifling amount from two animals in Carlisle; on those sold he received something; Com. Elliott brought home seeds of various kinds that were distributed in various parts of the United States; I received as a present from Com,. Elliott two hogs said to be from Spain, several Assyrian sheep; a number of chickens, remarkable for the size of their eggs; a goat and three dogs; he also presented Mrs. Jacobs, my wife and his daughter, an Arabian mare; I, as a farmer, aw well as farmers generally esteem the animals alluded to as valuable. "A circular from Mr. Southard was here read and annexed to the record. It had relation to the enlistment of seamen and the manner they were to be treated in case their times should expire abroad and they should refuse to enlist. A similar circular was also read from the Hon. Levi Woodbury. "Com. Elliott here offered a written paper, asking permission to have the letter of Gen. Ogregon, the Governor of the island of Minorca, detailing all the circumstances attending the difficulty between Com. Elliott and Lieut. Hunter, read and placed upon the record. The letter is translated in these words:- (TRANSLATION.) "Mahon, 25th Dec. 1837. "Sir: In consequence of the letter which your Excellency has been pleased to address me, under date of 26th inst. {sic} and of the conference I have had with the consul of the nation to which you have the honor to belong, I ought to manifest to you, that on the afternoon of the month of April last, when a pony race took place in the road to Villa Castos, I was on the spot where a dispute took place between Mr. Hunter and another gentleman, both officers belonging to a ship under the worthy command of your Excellency, and on observing the warmth with which they disputed, I considered it my duty to be in observation, in case the affair might produce disagreeable results, and require my interference; but your Excellency presented yourself opportunely, spoke to the said Mr. Hunter, and as far as I could comprehend, ordered him to proceed on board, indicating to him with the cane you carried in your hand, the road he ought to follow; by which means your Excellency probably prevented a quarrel between the two above mentioned officers, and which might have included some others, as generally happened when a chief of little energy does not interpose with his reflection or authority to calm the fieriness {sic} of youth. Your Excellency in this case exercised, in my opinion, the duties of a chief who endeavored to prevent a disagreeable occurrence among the meritorious and praiseworthy officers, who, I do not doubt, when the warmth of the dispute is over, will be grateful for the measure taken by your Excellency, which could have no other object than their welfare. As an experienced military man, I approved of the measure of your Excellency, as I shall always approve every thing in favor of order and discipline, without which we could not fulfill the duties imposed upon us by our respective stations. "I cannot omit manifesting to your Excellency, how much I feel the aforesaid occurrence, as the good behavior of all the individuals who have the honor of serving under the orders of your Excellency, and the proofs I am constantly receiving of the esteem which they show me, in imitation of their worthy chief, puts me under the flattering obligation of appreciating and feeling the grater interest for persons in whom I recognize all the virtues they possess, and, therefore, wish it in my power to contribute to a termination favorable to all of the affair in question. "With this motive, I offer myself to your Excellency, with the highest respect, your humble servant, "Manuel Ogregon, "Military Governor of the island of Minorca. "His Excellency Com. J. D. Elliott, "Commanding U. S. Forces in the Mediterranean. "The Court was cleared for the purpose of obtaining its opinion as to the admissibility of the evidence offered. In the course of half an hour it was again opened, when the Judge Advocate announced as its decision, that the paper introducing the letter and giving its substance should be placed upon the record, but that the letter itself was inadmissible. "Com. Elliott then offered, through a written paper explaining the motive that prompted him so to do, the letters he had received from the professors of several colleges and seminaries, as well as from the Hon. John Forsyth, the Hon. Henry Clay, and the Hon. Mr. Mallory of Virginia, all which acknowledge the receipt of some valuable present brought by him, (Com. Elliott) from foreign countries. The paper asked that these letters might be read and annexed to the record, in order that they, with the oral evidence which had already been heard by the Court, might wholly and fully negative to the oft repeated accusation that the animals were brought home "for his own benefit." The Court was thereupon again cleared, and when opened its decision was announced by the Judge Advocate, and was similar to that of the previous case -- in favor of admitting the paper, but opposed to reading and annexing to the record the letters alluded to in it. "SATURDAY, June 6, 1840.-- The Court met pursuant to adjournment. Present all its members, the Judge Advocate, and Com. Elliott. The proceedings of yesterday were read by the Judge Advocate. "James Arginbeau, a witness examined yesterday, came forward and asked to correct an error in his evidence then given in. 'I made a mistake yesterday about the time the farmer received his pay -- it was about two days before the sailing of the ship that he was paid. He received his money in silver and gold. I made the error yesterday, from my very imperfect knowledge of the English language -- and not fully understanding the gentleman, (the Judge Advocate).{'} "By the Judge Advocate.-- I am 18 years old, and a native of Mahon. "Justin Robbe, sworn.-- I am a cabinet maker and reside at 72 Walnut street, and am one of the firm of Koche & Co. I have examined a sepulcher presented by Com. Elliott to the Girard College, and am of the opinion, from a thorough examination of the box, that six hundred brads could not have been used in making it; I do not believe that more than seventy-five were used in and about it; the little mouldings are all glued on, not sprigged. [In the charges against Com. Elliott, he is charged with using six hundred brads from the public stores in making it.] "The letter of Com. Elliott, to the Secretary of the Navy, No. 49, and dated 1st December, 1836, announcing the appointment of Capt. Boerum to the flag captaincy, and asking that the place of several officers, made vacant by death or otherwise, may be supplied, with the answer, dated Feb. 23d, 1837, of the Hon. Mahlon Dickerson,, Secretary of the Navy, were read an annexed to the record. The accused then read the following letters: "Carlisle, Pa., Nov. 27, 1838. "Sir:- I have the honor to acknowledge the receipt of your letter of the 13th inst., requesting me to point out to the Department the order of the Government which directs the commanders of squadrons or ships to import jackasses, or any other animals. It may have escaped the notice of the Department, that by its order, emanating from the Hon. S. L. Southard to Com. Crane, one of my predecessors in command of the Mediterranean squadron, which orders were handed down to his several successors in command; it was stated to him, that it would probably be in his power to subserve the agricultural interests of the nation, by procuring information respecting valuable animals, seeds and plants, and importing such as he could conveniently without neglecting more important duties, or without incurring expense to the Government. Extracts from these instructions were delivered to me by my immediate predecessors, as I had the honor to notify you on my return, in a letter dated the 31st of July last, which extracts served as the text of my conduct, as it had all of my predecessors, in the importation of animals, seed, plants, and curiosities, from time to time to the United States in the different public vessels, constituting, as it did, a part of their and my command. "Absence from home prevented an earlier reply to your letter. I am, very respectfully, "J. D. Elliott. "Hon. James K. Paulding. 'U. S. Ship Constitution, 'Hampton Roads, Norfolk, July 31, 1838. 'Sir:- After a cruise of three years and six months, with my pendant on board, and with the sick, I have the honor, conformably with the communication extending my command to the fall, to announce my arrival at Hampton Roads. I am happy to state that the ship is in good condition, and with a few slight repairs, can be put in complete readiness for sea again. 'I left Mahon on the 15th of June, touched at Gibraltar and Madeira on my way down, and left the latter on the 4th inst. Not meeting with my successor in command, the general instructions to him, as stated in my communication of the 10th of June, together with a catalogue of the articles at the navy yard in Mahon, were left with our consul at that place, enclosing a copy of the orders under which the frigate United States proceeded on her cruise. 'I enclose for your inspection a copy of the general instructions handed me by my predecessor, and subsequently received from your own Department, suggesting at the same time the utility of withdrawing a portion of the earlier dates, as being now inapplicable and obsolete, and also of condensing others to a more laconic form. 'As a considerable portion of the crew's terms of the frigate United States will expire at or about the coming fall and winter, and as she will need considerable repairs, I would again recommend her recall about that period. 'All those on board the Constitution, a list of which I had the honor to enclose you, who re-entered previous to the passage of the new law, regulating the increase of pay, I would recommend, should receive the same increase as those who have re-entered since, and apprehensive that it may have miscarried, I enclose a duplicate list of the men who had re-entered, the receipt of which you will be pleased to advise me, at the earliest moment. 'There is a portion of the crew on board who have still a term to serve; should the ship not be kept in commission, I would recommend that they be discharged with those whose terms have already expired. Among the number of marines whose terms of service had expired, there were a portion who refused to do duty under the orders of the officers. I would have coerced them to do it, and tried them by a judicial tribunal, but understanding that the officers who were to compose the Court were of a contrary opinion, and the regulation of the new enlistment bill probably obviating a similar occurrence, I rested with a passive obedience on their part, with the intention to land them at Norfolk, paying them their wages up to the date of their refusal to do duty. 'For the information of such as may be interested, I have to report that I discovered in lat. 28-42 N., long. 24-20 W, a wreck, schooner rigged, gilt billet head, with pump, bowsprit, and stump of mainmast standing, hatches off, rigging gone, and covered with barnacles up to the taffrail. The sea made such breaches over her that we were unable to discover her name. From her shattered condition, I judged her to have been a long time a wreck in the water. 'Agreeably to instructions, Mr. H. H. Kuhn was received on board at Mahon, and rated with a passage to the United States. Passed Midshipman Heap also returns an invalid from the frigate United States. At Gibraltar, I received a distressed countryman from the American Consul. I enclose the warrants of Mid. J. R. M. Mullaney, and Mid. Stephen D. Vallette -- the latter has been transferred to the United States frigate -- the former has returned home for examination. 'The amount of $75,000 will be required to pay off the officers and crew; the requisition for which I have approved to-day, for the agent here. I enclose monthly returns of officers and crew, and quarterly returns of sick, together with a list of the officers attached to the Constitution. 'Permit me to add that my services are again at the command of my country, and that whether afloat or ashore, I am ready to obey the call of duty. 'Very respectfully, 'J. D. Elliott. Hon. J. K. Paulding, Secretary of the Navy.' "A paper was here offered by Mr. Dallas on the part of the accused, asking that Com. Elliott might be relieved from a daily attendance on the Court, that time might be afforded him to return to his residence at Churchtown, and get the receipt alluded to in the evidence of the money paid to the farmer at Mahon, for the keep of the animals; and that time until this day week be allowed him to prepare his defence; whereupon the Court was ordered to be cleared. After half an hour's deliberation, it was opened, and its decision announced by the Judge Advocate, to the effect that he had some rebutting testimony to offer, which, if the defence was closed, he would do on Monday, but that the Court first wished to be advised of the fact whether the defence was really closed, and that after the rebutting evidence was heard, it would hear the application for time to prepare the written defence. Mr. Dallas stated that the defence was closed, provided he had liberty to introduce hereafter the paper which it was necessary for the accused to go in person after. That assent was given, and permission given Com. Elliott to return to his home at any time after the closing of the evidence. "The Court adjourned to ten o'clock Monday morning." (Pages 68-71.)
"Reported for the Public Ledger. "NAVAL GENERAL COURT MARTIAL, "At Philadelphia. "TRIAL OF COMMODORE ELLIOT. "MONDAY, June 8.-- The court met at 10 o'clock, pursuant to its adjournment of Saturday. Present all its members, the Judge Advocate, and Com. Elliott. The proceedings of Saturday were read by the Judge Advocate. "Mr. Dallas, on behalf of the accused, offered a memorandum of the time of the receipt of the animals by the farmer at Mahon, together with a bill and receipt for their keep, in the Spanish language, which were interpreted by Capt. Conner, a member of the court, marked and annexed to the record. A paper was offered, read, and also annexed to the record, from the accused, stating that he had, since the adjournment of the court, on Saturday, accomplished a journey of 120 miles, in order to procure the papers alluded to above. "A paper dated the 14th of December, 1837, being the letter of the crew of Com. Elliott, requesting that he will accept the service of plate that they had purchased to present him with, as a token of the regard which they entertain for him, was read and annexed to the record. It is signed by several of the crew, expressing the kindest feelings towards Com. Elliott, and concludes by wishing him many years of health and happiness. "Some two or three other letters and orders of the department were marked and annexed to the record, without reading; also the letter of instructions of Com. Elliott to the department from Hampton Roads; lists of men re-entered for the cruise of the Constitution; as well as those who entered before the passage of the law of the 3d of March on that subject, as those who entered after. "The Judge Advocate then offered to read in evidence a part of the testimony given before the court of inquiry by Nicholas Steenbow, who has also testified in the present case, with the view of showing that he now contradicts what he then stated, relative to the whipping of the crew by Lieut. Bullus. To this Mr. Dallas, for the accused, objected, as the evidence offered to be read did not contradict or materially vary from that given in on the present trial; and that if it did, opportunity should be afforded the witness, who is absent, to explain. Upon this objection the court was again ordered to be closed; when after half an hour's deliberation it was opened, and the decision announced by the Judge Advocate in the affirmative, and the evidence of the witness given before the court of inquiry accordingly read; and annexed to the record. "The Judge Advocate also offered to read in evidence a part of the testimony of J. E. Dow, given before the court of inquiry. Mr. Dallas said he did not object to the reading of the evidence of Mr. Dow, but he objected to the reading of the proceedings of the court, to which the Judge Advocate assented. "The appointment and order of Secretary Woodbury to Com. Elliott to take command of the Constitution was read and annexed to the record, dated the 4th of February. 1835. "An official document, dated June 4, 1834, from the Navy Department to Com. Woolsey, was offered to be read in evidence by the Judge Advocate; but upon being interrogated by Mr. Dallas as to whether he meant to prove that is had been communicated to Com. Elliott, and answering in the negative, Mr. Dallas said that he should then object to it as illegal evidence. The court was then cleared, and after some time spent in deliberation, was opened, and its decision announced by the Judge Advocate against the admission of the letter in evidence. "It was then shown that Nicholas Steenbow re-shipped on the 12th of December, as boatswain's mate, and that his name was to the second subscription paper, raising money for plate to Com. Elliott, and not the first. "Midshipman Edward C. Anderson, recalled by the Judge Advocate.-- Examined by Mr. Dallas.-- I have not been in the court hearing any of the evidence since I was myself examined. "[A question was here asked the witness as to whether, and how, he had come in possession of any evidence adduced upon this trial. Objection was made, and the court cleared. After deliberation it was opened, and its decision made known by the Judge Advocate, to the effect that the question could not be put and annexed as a preliminary one, though they did not mean to decide it could not be put on the cross-examination. That was a question they left for after consideration.] "Mr. Dallas then offered a paper asserting that this was the proper time to take exceptions to the witness, and to show that he had received such information upon the subject-matter of the trial as would disqualify him as a witness, and that if deferred to a cross-examination the object he had in view would be wholly defeated. The court was again cleared, and when opened the Judge Advocate stated that its former decision was unchanged. "By the Judge Advocate.-- I saw Midshipman Wager at the time he released Ennis. He was at that time, to the best of my recollection, perfectly sober -- I mean by releasing Ennis, that he (Mr. Wager) struck a man by the name of Bush, who appeared to be among the foremost to injure him (Ennis). This was after the hammocks had been piped down. I knew a man by the name of Harvey Barber; I think he was not on board at Hampton Roads. "Cross-examined by the accused.-- I have no recollection of any of the evidence of this court having been communicated to me by any of the witnesses or other persons. I have read and heard remarks made upon the evidence, as reported in the Public Ledger, by my messmates. I have read the evidence from no other source than the public newspapers. I met Barber afterwards at Vera Cruz. I think, but I am not confident, that he there mentioned to me that he left the ship at Mahon -- that he was with others transferred to the frigate United States, in which vessel he came home. He had formerly belonged to Com. Elliot's gig. I was aid at the time, and knew by that that he had left her. [After the witness had left the room, he returned into court, and stated that upon reflection, he remembered to have conversed with Midshipman Jenkins as to his evidence.] "Midshipman Adam Hubley Jenkins recalled by the Judge Advocate.-- I saw Midshipman Wager for a few moments, a short time after his return in the life-boat. I believe he had been landing the pilot. This was in the last dog watch, from 6 to 8. I saw him again on the quarter-deck, a short time after 8 o'clock. He was perfectly sober at both times. "Lieut. Chas. G. Hunter recalled by the Judge Advocate.-- I am acquainted with the general character of Thomas Wells for truth and veracity; it is bad. I would not believe him on his oath. "Cross-examined by the accused.-- I have heard a number of officers speak of his veracity; almost all the officers in the Mediterranean squadron; I first heard the veracity of Mr. Wells questioned in the Mediterranean; I cannot recollect the date; I have heard his character discussed frequently, both on board the frigate United States and on shore; I have heard it discussed within the last few days; I heard no question raised before the court of inquiry as to the veracity of Mr. Wells; I believe I have heard his character discussed within the last few days by almost every officer in Philadelphia who knew him; I was present yesterday in a company of officers where his character was discussed; the officers were Mr. Johnston, Lt. Watson, Lt. Bullus, Lt. Darcantel. Lt. Colhoun, Capt. Boerum, Chaplain Lambert, Lt. Chauncey, Lt. Davis; I believe those were all; I met them assembling at the house of the Judge Advocate; my object in assembling at the office of the Judge Advocate was to speak to that officer of the character of Mr. Wells; what the object of the others was I cannot tell; some of them came in whilst I was there; I do not think that any part of the evidence of Mr. Wells was communicated to any of the ten officers while at the office of the Judge Advocate; I went to them with Lt. Johnston; I was requested by the Judge Advocate to bring or send Mr. Johnston round if I saw him when he arrived; this was in the evening; in the morning I was also at Mr. Read's; I then went alone; I had last summer communicated to the Judge Advocate my ideas of the character of Mr. Wells, during the sitting of the court of inquiry; in the morning I went alone with the Judge Advocate; these ten officers were not all there at the same time in the morning; in the evening when I went I found Mr. Bullus there; in the course of the evening several others came in, but I do not now recollect whether they came in singly or in groups; I do not think there were ten officers there at any one time; I saw them there during the day; in the evening, there were five present as far as I can recollect, and I do not recollect to have seen there at any one time a greater number than that; it was then understood, at least by me, that the character of Mr. Wells was to be impeached to-day; I never gave Mr. Wells notice that I would impeach his evidence; I do not speak to him; I have never sailed on board the same ship with Mr. Wells, but I have had a personal acquaintance with him -- an acquaintance which commenced and ended in the Mediterranean, from a knowledge of his personal character. "I have, of my own knowledge, detected Mr. Wells in asserting what was not true; it was upon the occasion of my first trial on charges preferred by Com. Elliott, or immediately after the trial had terminated. Mr. Wells then came to me on the half-deck of the United States, and told me that he regretted the circumstances very much -- that he had done all in his power to prevent the commodore from trying me, and told him how wrong he was. I afterwards learned that at the very time he was urging the commodore to try me again; I heard this fact from a person of veracity at the time; at the time this was stated to me, my informant was not, that I know of, in controversy with Com. Elliott. The time that I heard this was between my two courts martial, as far as I can recollect, or immediately after. The person to whom I allude had not then a controversy with Com. Elliott -- he had one afterwards. Chaplain Lambert is the person who told me. I never spoke to Mr. Wells upon the subject, and consequently afforded him no opportunity to disprove it -- I believed Mr. Lambert. Up to that time I had spoken to Mr. Wells, though I thought him a bad man. My opinion of Mr. Wells is formed, as I have before stated, from a knowledge of his general character. The occasion here recited is the only one which I recollect to have caught him in telling what was not true. The character of Mr. Wells was not the only topic of conversation of the officers assembled yesterday at the office of the Judge Advocate; but to my recollection we did not embrace in conversation other points of the evidence to which either of the ten officers was to bear testimony. I do not recollect the number, but several officers were willing to bear testimony as to the veracity of Mr. Wells -- not all, however, I think, who were present. There was not one, I think, who declared that he knew nothing against the character of Mr. Wells. "The President of the court here asked the Judge Advocate if he had any father evidence to offer, and intimated the determination of the court to hear all that was to be heard before adjournment. "Mr. Dallas then presented to the court, on behalf of the accused, a paper stating that it was altogether unknown to Com. Elliott that the character and veracity of Mr. Thomas Wells was to be assailed, and the evidence closed today, or he would have had those who know Mr. W. best here, ready to have met the accusation, or at least that he would have more determinedly resisted the hearing of the evidence of Lieut. Hunter and others. Mr. Wells's friends reside at Boston, and time was asked, in justice to the witness whose veracity had been attacked, to bring testimony here to sustain it. The court was cleared, and half an hour's deliberation was opened, and its decision announced by the Judge Advocate. It was that the court would hear any evidence that was proper and legal from the accused, at the close of rebutting evidence of the Judge Advocate. "The court adjourned to ten o'clock Tuesday morning, at which time the evidence will be resumed.
Lieut. Chas. G. Hunter came into the court and asked to correct that part of his evidence of yesterday wherein he stated that Chaplain Lambert was one of the officers present at the office of the Judge Advocate on Saturday. 'Upon reflection,' he said, 'I find that he was not among the officers whom I saw there.' Cross-examined by the accused.-- I did not see Chaplain Lambert on Saturday. I think I met him on Saturday evening at the Judge Advocate's office -- I do not recollect that any other officer was present at that time besides Lieut. Davis -- in fact I do not recollect that even he was there. I had no particular object in meeting Chaplain Lambert at the time; I went to see the Judge Advocate. I do not recollect whether the veracity of Mr. Wells was a topic of discussion that night or not; it has been so often a topic of discussion that I cannot pretend to recollect the particular times. I cannot recollect any one topic of our conversation connected with this trial. I remained on Saturday evening at the Judge Advocate's about five minutes; on Sunday morning perhaps half an hour, and in the evening, as near as I can recollect, an hour -- but having no watch, I cannot speak with any certainty. Since giving in my evidence yesterday, I have seen and conversed with Chaplain Lambert. I went to t he Judge Advocate's alone on Sunday morning, and found him alone -- other officers came in before I left, as I stated in my previous testimony. I did not go to the Judge Advocate's oftener than twice on Sunday -- once in the morning and once in the evening. I saw there in the morning Mr. Davis -- Midshipman Jenkins, I believe, came in with him. Lt. Colhoun I think also came in. Lt. Watson also may have been there, but I cannot now recollect. I went to the Judge Advocate's on Sunday morning for the purpose of speaking to that officer as to the veracity of Mr. Wells. I introduced the subject, and it was discussed by me and the other officers present. I had spoken to the Judge Advocates several times during this trial as to the veracity of Mr. Wells -- the particular times I cannot now recollect. I believe I knew, when I went to the Judge Advocate's on Saturday evening, and there met Chaplain Lambert, that the evidence for the defence had closed that morning; it made so little impression upon my mind that I cannot say whether I did or did not. "The Judge Advocate asked that the court might be cleared. After a few minutes' deliberation it was opened, and immediately adjourned to ten o'clock to-morrow morning. "WEDNESDAY, June 10.-- The Court met pursuant to adjournment of yesterday. Present, all its members, the Judge Advocate, and Com. Elliott. The proceedings of yesterday were read by the Judge Advocate, after which in consequence of the indisposition of that officer, the Court was adjourned to ten o'clock to morrow {sic} morning. "THURSDAY, June 11.-- The Court met pursuant to adjournment of yesterday. Present all its members, the Judge Advocate and Com. Elliott. The proceedings of yesterday were read by the Judge Advocate. "Lieut. Chas. W. Chauncey, recalled by the Judge Advocate.-- I know Thoms Wells; general character for truth and veracity. I would not believe him on his oath. "Cross examined by the Accused.-- I have derived my knowledge of the general character of Mr. Wells from having sailed with him on two different vessels; the opinion I there formed of his character is bad; and from his having contradicted the evidence of Lt. Bullus before this Court, in reference to the second subscription for the service of plate. From my own knowledge of Mr. Wells, I have no opinion of his veracity. I have formed a bad opinion of the veracity of Mr. Wells, from his having contradicted what Lt. Bullus stated to me at the time, in regard to the second subscription list for the service of plate. I mean to say, that my opinion is partly formed on this circumstance, and from his general character. When I speak of his general character I speak of his character as to veracity -- and of his bowing and cringing way that he has with those high in power. I have heard his character for veracity discussed many times, both in the Mediterranean on board the Constitution, and last year in Philadelphia by many officers, and by a great majority of the officers attending as witnesses upon this Court -- by Lieutenants Hunter, McBlair, Johnston, Captain Boerum, Lt. Bullus -- these I have heard say most upon the subject. Some of these officers are the same whom I heard speak of his character in the Mediterranean as well as here. The subject was frequently spoken of in the mess, by the majority of the mess. Two of the officers named spoke more frequently of it than the others -- Capt. Boerum and Lt. Bullus. When I speak of the mess, I mean the ward-room mess of the Constitution. I do not mean to say, that Capt. Boerum messed there. The mess first began to discuss the veracity of Mr. Wells about the time the second subscription was going on, and a short time before I left the ship. I do not remember the exact time I remained in the Constitution -- probably about two months. During these two months his veracity was frequently discussed. I did not hear any impeachment of his veracity before the time which I have stated -- it began in the ward-room mess. I rejoined the John Adams on leaving the Constitution. I do not recollect that the veracity of Mr. Wells was talked of on board the John Adams. I first heard his veracity talked of after leaving the Constitution, before the Court of Inquiry in this city last summer. I do not remember whether I heard it then discussed by the same officers only, whom I had previously heard discuss it in the ward-room mess -- I heard several officers speak of it last summer -- cannot recollect all of them. I wish to be understood, that my opinion of Mr. Wells for veracity was formed at the time that I was on board the Constitution with him, and from his counter statement to Lt. Bullus, as detailed to me by Lieut. B. at the time -- in reference to Mr. Wells' coming to him and asking him how he should get a subscription afloat. [Mr. Dallas here wished to know if a witness was to be permitted to give in answer to questions matter not contained in the question itself -- whereupon the Court was cleared, and after some time spent in deliberation was opened, and the Judge Advocate announced as its decision, that the answer of the witness was entirely proper.] "The contradiction of Lt. Bullus by Mr. Wells and his general character for veracity is the reason for my discrediting his oath; I had frequently heard his veracity questioned before the statement of Lt. Bullus was contradicted, on board the Constitution and by the officers of the ward-room mess; some few days before the conversation between Lt. Bullus and myself; I do not remember the points upon which it was questioned at that time; I know of no particular instance of his cringing and bowing; I allude to his general bearing towards the captains of ships to which he has been attached; I do not remember that he cringed to Capt. Stringham, of the John Adams, particularly, except that he took especial pains to ingratiate himself in his favor; I think he cringed and bowed to Com. Elliott on board the Constitution; his manner so indicated, though I can give no particular instance. Since I was examined some weeks ago I had left the city and returned on Saturday last; I was apprised by a summons from the Judge Advocate that I would again be wanted before this Court; my summons, I believe, was dated the 4th of June; the character of Mr. Wells has been discussed generally by the officers since my return at different places; I have attended no preconcerted meeting; I met several persons at the Judge Advocate's on Sunday. [The President of the Court here wished to know if it was the intention of the counsel of Com. Elliott to pursue the same course of examination with this witness that was pursued with Lieut. Hunter; Mr. Dallas replied by a written paper, that he had no objection to state frankly that it was his intention so to do -- to show that there was a combination of officers formed against the witnesses offered on the part of the accused, who, by their prejudice, had determined to break down, as far as their evidence could do so, the veracity of the individual assailed. Whereupon the Court was cleared, which, after a time, was opened and its decision, as announced by the Judge Advocate, was, that having been advised of the determination on the part of the accused, it had determined that he might proceed if he thought proper.] "I have met several officers at the different public houses and at the office of the Judge Advocate, where the veracity of Mr. Wells was discussed; but these meetings at the Judge Advocate's were neither Sunday afternoon or evening; it was on Sunday morning; among the officers present were Captain Boerum, Lieuts. Hunter, Davis, Bullus, and Darcantel, and Midshipmen Anderson and Jenkins; some came in while I was there and some I found there; Capt. Boerum on that occasion accompanied me to the office of the Judge Advocate; I was then told that I would be examined with the view of impeaching the veracity of Mr. Wells; I was not at the office of the Judge Advocate on Saturday; I have met officers at the Union Hotel and Marshall House, where this matter was discussed; I had met none of these officers until I met them at the Judge Advocate's, except Capt. Boerum who accompanied me there; I arrived late on Saturday night and went early the next morning to the Judge Advocate's; I first met Capt. Boerum on my return to the United States Hotel on Sunday morning; Capt. B. informed me that the Judge Advocate wished to see me when I arrived; I asked him if he knew the object of my being recalled; he told me that the Judge Advocate would inform me when he saw me; I mean to be understood that I did not know the object of my recall before going to the office of he Judge Advocate on Sunday morning; I did not see Lieut. Bullus in New York after I had received the summons of the Judge Advocate. "Lieut. Johnston, recalled by the Judge Advocate.-- I am acquainted with the general character of Thomas Wells for truth and veracity; it is bad; I would not believe him on his oath. "Cross examined by the Accused.-- His character for truth and veracity I got from his messmates in the Mediterranean; I first heard from several officers, during our cruise in the Mediterranean, that the character of Mr. Wells for veracity was bad; I was not an officer on board the Constitution; I was first lieut. of the frigate United States; I heard the veracity of Mr. Wells questioned very soon after he had joined the Constitution; I did not hear his veracity questioned while he was on board the John Adams; I then saw but very little of him, except upon one occasion, and that was going from Beyrout to Balbec; his general character on board the Constitution was bad; there was one fact came under my observation that led me to believe that Mr. Wells was not a man to be relied on, and that was his violation of the commodore's confidence as his private secretary, in relation to a letter that Capt. Boerum had written the commodore relative to the Barton affair; he stated that the commodore was dissatisfied with the letter, and that Capt. Boerum had written for permission to return home, and that the commodore had refused him, but if he would renew his application he would grant his request, and give me command of the schooner; I asked him if the commodore intended that he should communicate this to me -- he said no, and begged that I would say nothing about it; I then said that he must never approach me again with any such thing; that I always heard that 'a dog that would fetch, would carry.' "I am not certain that this is the first fact that induced me to question his veracity. He had about the same mentioned a remark that the commodore had made respecting one of the officers of the squadron, which I presumed the commodore did not wish repeated, and I reproved him for that. The cases here cited are some of the reasons for my discrediting the veracity of Mr. Wells. They wre either a breach of confidence, if the commodore had told him privately what he had stated; and if he had not so told him, he lied. These are all the facts relating to his veracity, that I know of my own knowledge. The general character of Mr. Wells, of which I have spoken, is confined to the officers of the squadron. I do not recollect how many of the officers I have heard speak disadvantageously of Mr. Wells -- a great many of them, however. I have never heard any of the officers attached to the squadron, except those who have given evidence against Com. Elliott, or who have been summoned to do so, speak unfavorably of the veracity of Mr. Wells -- I have not seen, however, but two others, and by them, I believe, the name of Mr. Wells was not mentioned. Mr. Wells' character for veracity in the Mediterranean was bad, generally; and I may have there heard those, other than have been summoned to give evidence, speak ill of the veracity of Mr. Wells. I cannot name a single officer of the Mediterranean {sic}, who has not been summoned here, who spoke ill of the veracity of Mr. Wells. "The Court adjourned to ten o'clock this (Friday) morning." (Pages 81-4.)
NOTHING
"Report for the Public Ledger 'NAVAL GENERAL COURT MARTIAL "at Philadelphia TRIAL OF COMMODORE ELLIOTT. "FRIDAY, June 12.-- The court met pursuant to adjournment of yesterday. Present all its members, the Judge Advocate, and Com. Elliott. The proceedings of yesterday were read by the Judge Advocate. "Passed Midshipman Daniel F. Dulany, recalled by the Judge Advocate.-- I am acquainted with the general character for truth and veracity which Thomas Wells bore while in the Mediterranean; it is bad, I would not believe him under oath. "Cross-examined by the accused.-- I never heard the character for veracity of Mr. Wells questioned by any one out of the service; I am not acquainted with any one who knows him out of the service, except Mahonese; I have heard many of the officers attending upon this court, as well as Lieut. Drayton and Lieut. Steele, and many younger officers question his veracity; I was not in the mess of the ward-room of the Constitution, consequently cannot say whether his character for veracity was or not {sic} discussed there; I never heard Chaplain Lambert impeach the veracity of Mr. Wells -- never that I recollect of. "Lieut. Charles H. McBlair, recalled by the Judge Advocate.--I am acquainted with the general character of Thomas Wells for truth and veracity; it is bad; I would not believe him on his oath. "Cross-examined by the accused.-- I acquired a knowledge of Mr. Wells's character for truth and veracity from the officers generally attached to the Mediterranean squadron; I acquired this knowledge partly while stationed on board the U. S. frigate Constitution, and partly from conversations held respecting Mr. Wells's character since; I do not recall hearing any other than Chaplain Lambert and Midshipman Dulany discuss his character on board the frigate Constitution; it was, however, discussed pretty generally by the officers during a court of inquiry that was held in the Mediterranean; I may not have heard Messrs. Lambert and Dulany speak of it on board the Constitution; it may have been on shore; Mr. Drayton I also heard speak of it; I do not recollect that I heard his character for veracity questioned before I joined the Constitution; I joined the Constitution in April, 1838, and we sailed from Mahon in June of the same year; since the arrival of the Constitution in July, 1838, I have heard no person, except the officers of the Mediterranean squadron, question the veracity of Mr. Wells; I have heard several persons, officer, who were not attached to the frigate Constitution, speak of his character for veracity, viz.: Mr. Chaplain Lambert, Mr. Johnston, Mr. Hunter, Mr. Dulany; I do not recollect any others at this time; since the arrival of the Constitution in the United States, during the sitting of court of inquiry in this place a year since, I heard his character discussed, but more freely during the sitting of this court. "These are the only occasions, since our arrival in the United States, that I recollect to have heard Mr. Wells's character spoken of. I have heard some of the same officers question his veracity since our return to the United States, that I heard question it in the Mediterranean, and perhaps others. I have no personal knowledge of his character for veracity at all -- only what I have heard others say. I had no personal relation with Mr. Wells, but for a few weeks subsequent to his joining the Constitution, and then those relations were of such a character as to require no interference with his concerns. I did not apprise Mr. Wells that his character was aspersed, and consequently gave him no opportunity to free it from the imputations made against it. I had quit this city after having given my evidence -- my summons to return was dated 4th of June. I received a letter from Lieut. Hunter, from this city, on the same day that I received the summons. The letter was simply to apprise me that the summons had been issued, that my presence was required here, and begged me to proceed without delay. I don't know t hat I have the letter. It may and it may not be in my trunk -- I cannot say. "Mr. Dallas then asked that the letter might be searched for and produced -- otherwise he should cross-examine farther as to its contents. Mr. McBlair said that the letter was a private one, and without the authority of Lieut. Hunter he should scarcely feel authorized in exhibiting it. The President of the court stated that the cross-examination might proceed, that the court would not require the exhibition of the letter -- that in fact he thought it had no right to do so. Mr. Dallas rejoined that the court, against his solemn protest, had placed upon the record hastily written notes of Com. Elliott, and that he did not see but that it was equally proper to exhibit this letter. After some farther conversation, during which Lieut. McBlair stated that he believed that he had related fully the contents of the letter, Mr. Dallas offered a paper on behalf of the accused, in which he stated that, with due deference to the intimation of the President of the court, he must still persist in his demand for the letter of Lieut. Hunter to the witness; that his object was to trace the extent to which the animosity and personal hostility of a combination of officers have carried them towards the prostration of a witness examined on behalf of the accused, beyond any thing which he has yet shown. The court was then ordered to be cleared for deliberation; after some time spent in private, the doors were opened, and its decision announced by the Judge Advocate, to the effect that, under the circumstances of the case, Lieut. McBlair would not be required to produce the letter. Mr. Dallas then offered another paper, protesting against the placing upon the record the contents of the letter in question, the court having decided that the letter itself was inadmissible. The court was again cleared, when, after some time spent in deliberation, it was again opened, and the decision to which it had come announced by the Judge Advocate -- which was, that the answers of the witness had been elicited by the counsel for the accused, and were proper upon the record. Lieut. McBlair then stated that he had seen Lieut. Hunter, and that he was perfectly willing, could the letter be found, that it should be given to the court. Mr. Dallas here offered another, in which it was averred that he had asked no questions as to the contents of the letter in question, and all that the witness had said of its contents was volunteered. The court was for the third time cleared, and when opened the Judge Advocate announced that it had examined its record, and is satisfied that Mr. Dallas is in error, and accordingly adhere to their former opinions. "Mr. Dallas here offered another paper, in which he asserted that he felt that the legal rights of his client were so essentially abridged by the last decision of the court, and the object of the cross-examination, by which he purposed to show a concert to destroy the character of Mr. Wells so entirely frustrated, that he should not attempt a further examination of the witness, or any other who may be subsequently called by the Judge Advocate upon the same subject. Whereupon the court was the fourth time cleared, and after some length of time spent in deliberation, was opened, and its decision, which was a lengthy paper, announced by the Judge Advocate to this effect -- that having allowed the largest latitude to the accused in the cross-examination, he must take his own course, and examine witnesses or not, as he may deem proper in his own judgment -- on that point the court ventured no judgment. "Mr. Dallas declined farther to examine Lt. McBlair; his evidence was read to him, and the witness was then dismissed. "Lieut. John Colhoun, recalled by the Judge Advocate.-- I am acquainted with the general character of Thomas Wells for truth and veracity. It is bad, and I would not believe him on his oath. "Mr. Dallas, for the accused, under the decision of the court, declined a cross-examination of the witness. "Lieut. Henry Darcantel, called by the Judge Advocate.-- I am acquainted with the general character for truth and veracity of Thomas Wells during the time he was in the Mediterranean.. It is bad, and judging from the general character that he then bore, I would not believe him on his oath. "Lieut. John A. Davis, called by the Judge Advocate.-- I am acquainted with the general character of Thomas Wells for truth and veracity. It is bad, and I would not believe him on his oath. "Passed Midshipman Henry S. Stellwagon, called by the Judge Advocate.-- I am acquainted with the general character which Thomas Wells bore while in the Mediterranean. It is bad, and I would not believe him on his oath, for the reason, that I once heard him testify before a court of inquiry so diametrically opposite to what another person, whom I would believe, testified to, and what appearances indicated as the truth. For this and his general bad character I would not believe him on his oath. "Chaplain Thomas R. Lambert, recalled by the Judge Advocate.-- I am acquainted with the general character of Thomas Wells for truth and veracity. It is bad. I would not believe him on his oath. "Passed Midshipman Wm. T. Muse, recalled by the Judge Advocate.-- I am acquainted with the general character of Thomas Wells for truth and veracity. It is bad. I would not believe him on his oath where his interest is concerned. "Purse John N. Hambleton, recalled by the Judge Advocate.-- I am acquainted with the general character of Thomas Wells for truth and veracity. It is bad. I would not believe him on his oath. "At the request of the Judge Advocate the court was cleared; when, after some time, it was opened, the Judge Advocate gave notice that the rebutting evidence on the part of the United States had closed. The court adjourned to this (Saturday) morning, at 10 o'clock.
"Rev. John Pierpont, called by the Accused and sworn.-- I am a clergyman residing in the city if Boston, and have been such in that city, with an occasional year or two intermission, for twenty-one years; I am fifty-five years of age; I know Mr. Thos. Wells, and have known him since the winter of 1813, '14 or '15, which I am not sure; I have had occasional acquaintance with him since that time; within the time there have been years which I had no knowledge of him; I know his brother and his sister; his children I should probably not know out of his own house; his acquaintances, except his own family, are little known to me; I officiated at his second marriage, and am quite intimate with the family into which he married; from what I know of Mr. Wells's acquaintances, his character for veracity with them is not that I know of, esteemed other than good; I know nothing to his prejudice so far as truth and veracity is concerned; to the question as to the 'moral integrity' of Mr. Wells, with his acquaintances, so far as the witness knew, he replied, that if the matter of temperance was included by the term, he should say that there were times that according to his own judgment his character did not come within the strict interpretation of the phrase 'moral integrity;' he did not, however, speak of his character in that respect now; his intemperance is the only point, from any one living, that I ever heard his character called in question; I once heard a person who is now dead speak to the prejudice of his character in another respect; but that person himself did not enjoy the best reputation for truth and veracity; it is from six to eight years ago that I heard this person to whom I have alluded, speak to his prejudice; that man questioned his conjugal fidelity; I never heard Mr. Wells's character for truth and veracity questioned by any person whatever; I would believe him as a witness, under oath. "Cross-examined by the Judge Advocate.-- I saw Mr. Wells in Florence in June, 1836, and have seen him since his return from abroad, in Boston, at his own house as well as my own. "Royal L. Porter, called by the accused and sworn.-- I reside in Boston, am thirty-nine years of age, and am the editor of the American Traveller, which I commenced fifteen years ago; I have known Mr. Wells about fifteen years; soon after I went to Boston he was introduced to me, and was among the first whose acquaintance I then made; he was introduced to me as the grandson of one of the most remarkable men connected with the American revolution -- Samuel Adams; that introduction was the beginning of an acquaintance which has grown into intimacy; his family I am intimately acquainted with; I have visited his house and sat at his table; I do not, besides his own family, know that he has any relatives in Boston except a brother and a sister; his acquaintances, so far as I know, are highly respectable; I have good opportunities of becoming acquainted with his general character for moral integrity and truth; I have had almost daily intercourse with him, except when he has been absent from the city; my acquaintance with him made me acquainted with many of his friends and acquaintances; I have never had occasion to doubt his integrity, nor have I ever heard any one of his acquaintances call it into question; I am to be understood that in all my connection with him for fifteen years I have never had occasion to question, nor have I heard any other question his character for truth and veracity; I should believe him on oath. "Cross-examination by the Judge Advocate.-- I include the time Mr. Wells was absent from the country in my fifteen years' acquaintance. I was in Boston during all the time he was so absent. Mr. Wells was an occasional correspondent of the'Traveller.' "Direct by the accused.-- A correspondence was kept up between Mr. Wells and myself during his absence from the country. His wife and family were absent from Boston much of the time that he was away, and I, of course, did not see them as often as though they were near. "Nathaniel Greene, Esq., called by the accused and sworn.-- I reside in Boston, am forty-three years of age, and am postmaster of that city. I have known Mr. Thomas Wells about sixteen years. I do not know his family, except his brother, Saml. A. Wells. I know many of his acquaintances, and have had many opportunities of knowing his general character for truth and veracity, and never heard it impeached until yesterday. I then saw it in the fragment of a newspaper as I was approaching this city on board the steamboat -- it was a report of the proceedings of this court. From my knowledge of his general character for the last sixteen years, I would believe him on his oath. I know of inquiries being made at Boston as to the character of Mr. Wells -- whether for him or against him I do not know. A lawyer came to my office about 2 o'clock of Thursday, with a letter, stating that he had received it from Philadelphia, requesting that he would make inquiries in reference to the character of Mr. Wells, and wished to know what I knew of him. I replied that I had just received a summons from Philadelphia, and perhaps it would not be proper that I should answer his queries, in which he coincided with me in opinion. "Cross-examined by the Judge Advocate.-- I was not out of the United States in the years 1834, '35,'36, and '37. "William Badger, called by the accused and sworn.-- I reside at Boston, and am fifty-five years of age. My business at present is that of a real estate broker. I have known Mr. Wells for about fifteen years, have been well acquainted with his family, and know something of his family connexions {sic}. I have had, I think, sufficient opportunities of knowing his general character for moral integrity, truth, and veracity, except the time he was absent from the country. It was perfectly good -- I never heard any thing to the contrary. I should believe him as a witness under oath. "Cross-examined by the Judge Advocate.-- I was formerly connected with the 'Boston Traveller.' "Direct by the accused.-- My connection ceased with the 'Boston Traveller' in 1834. "Dr. Jerome B. C. Smith, called by the accused and sworn.-- I reside in Boston, am forty years of age, and am physician of the port of Boston. I am unable to say exactly how long I have known Mr. Wells, but I think about twelve years. I am unacquainted with his family, except slightly his brother, a man of great respectability. His acquaintances, at least those whom I have seen in his society, are highly respectable, and are my acquaintances, many of them. So far as ever I had any knowledge, he maintained a good character for moral integrity, truth and veracity. I never saw any thing in him to suppose otherwise. My acquaintance with him, however, has been more of a literary rather than a social one. I have never been intimate in his family, nor he in mine. I never heard any thing against him. I would believe him on his oath, or without an oath, for any thing that I have seen or heard. I speak more particularly of my acquaintance with Mr. W. previous to his going abroad -- since his return I have seen him but a few times. I know of no effort to hunt up evidence against Mr. Wells in Boston. I heard of nothing of the kind until I had nearly reached this city. "Benjamin H. Norton called by the accused and sworn.-- I reside at Boston, and am thirty-nine years of age; I have been engaged for two years, with the exception of the past nine months, in commercial operations in New York, in trade with Texas; I have known Mr. Thos. Wells for ten years, and am acquainted also with his son; I am also acquainted with many of his acquaintances personally; I have had opportunities of knowing his general character for moral integrity, truth and veracity -- it is good, and before this trial never heard it questioned; I would, from my knowledge of his character, believe him on his oath. "Cross-examined by the Judge Advocate.-- I have been an invalid, under the doctor's hands, for the last nine moths. "Captain Ward Marston, called by the accused and sworn.-- I am a captain of marines, am forty-one years of age, and am stationed at the navy yard, Charlestown, Massachusetts; I know Thomas Wells; I knew him while, as well as myself, were attached to the frigate Potomac, at Boston, in September, 1834; I knew him for about a year at that time; I have seen but little of him since; his character for truth and veracity while on board the Potomac, so far as I know, was good; from my knowledge of his character I would believe him on his oath. "Lieutenant Jacob Crowninshield, called by the accused and sworn.-- I reside in Charlestown, and am stationed at the rendezvous, Boston; I am a lieutenant in the navy, and am about thirty-nine; I know Mr. Thomas Wells; I knew him on board the frigate Potomac, about one year; I know nothing against his character, and never heard his veracity questioned; from my knowledge of his general character I should believe him on his oath. "Cross-examined by the Judge Advocate.-- Mr. Wells was rated as schoolmaster on board the Potomac; he did not mess with me. "James M. Sanderson, called by the accused and sworn.-- I am a resident of Philadelphia, and the son of Mr. Joseph M. Sanderson of the Merchants' Hotel; I have known Mr. Thomas Wells about two years; I have known him during that time in both sickness and in health, and have seen him suffer as much anguish as a man possibly could, and during that time have never known him show anything that was unworthy of a gentleman and a man of honor; he is a general favorite at my father's house, and highly esteemed by all who meet with him; I have introduced him to many persons, all of whom appear to be much pleased with him; I never heard his character for moral integrity, truth and veracity questioned by any one in the slightest manner, until I heard it assailed before this Court; from my knowledge of his character I would believe him on his oath, or without an oath, as far as I would any man; my father is in Pottsville, and I believe has not yet been subpoenaed to attend before this Court; I expect he will be in the city this evening. "Cross-examined by the Judge Advocate.-- I became acquainted with Mr. Wells in this city, about two years since, at the 'Morris House;' I saw him but a short time at that time; I met him several times after that at my father's house; I did not see him after he left the city at that time until I saw him in this city the 18th of last May, since which time he has boarded and lodged at our house; I heard frequently of him after he left here two years since, but did not see him until he came on to attend this Court in May last. "Captain Joshua P. Jeffries, called by the accused and sworn.-- I am a resident of this city, and keeper of the Washington House, Chestnut street; I know Mr. Thomas Wells, and have, probably, for 18 months; I have always from all that I ever saw of him, thought him much of a gentleman; I consider him a man of veracity; I have seen him frequently within the past 18 months; a part of the time he has boarded with me, and from the gentlemen who have frequently called upon him within that period, I am induced to form the opinion which I have expressed of him; I never heard any person impeach his veracity until I heard it attempted before this Court; I should believe him under oath. "Cross-examined by the Judge Advocate.-- I do not know whether it was April May, or June, 1839, that I first became acquainted with him; I first made his acquaintance I think when he came to my house; he after that left my house for a private boarding-house; I think he was here at that time as a witness before a court of inquiry or court martial; I don't know which; I think I saw him in this city after that time; I think I saw him at my house. "Ezra E. Holden, called by the accused and sworn.-- I have been a resident of Boston; I left that city four years ago last month to reside in this; I am near thirty-six years of age, and am the editor of the Philadelphia Saturday Courier; I know Mr. Thomas Wells; I did not know his character for truth and veracity before I left Boston; I left there before I formed his personal acquaintance; I first formed his acquaintance at my office in this city within two years, perhaps not much over one year; I think I have had opportunity of forming an opinion as to his character for truth and veracity; I have mainly formed my opinion of his character from the frequent favorable expressions with which I have heard his name connected, by my personal friends; I was introduced to him by a gentleman of Boston of high standing, in whose company I am sure I would not have found him, had he not been a man worthy of credit; I have also heard him highly spoken of by Jesse E. Dow; I have never heard aught against his character; every expression of opinion that I have heard of Mr. Wells was favorable to him in every point of view; the opportunities that I have had of forming an opinion of him arose by having been solicited by several persons to take an interest through my paper in behalf of a work which he has forthcoming, and who uniformly spoke in the highest terms in regard of him; I am acquainted with those who associate constantly with Mr. Wells, and never heard aught against him; from my knowledge of his character I should believe him on oath. "Erastus W. Stratton, called by the accused and sworn.-- I now reside in this city; I am twenty-four years of age, and have kept a public house; I know Mr. Thos. Wells; have known him personally for one year, and by reputation much longer; I have had a pretty good opportunity of knowing his character for truth and veracity; I have frequently met with him, and never saw any thing which led me to doubt the integrity of his character or the truth of his statements; I have never heard his character for integrity, truth and veracity questioned by any one; from my knowledge of his general character I would believe him on his oath. "Cross-examined by the Judge Advocate.-- I now reside at the Merchants' Hotel; have been there but a few weeks. "Mr. Dallas offered a paper on behalf of the accused, stating that process for eleven other persons to testify on the same points as those adduced here today, and expects that most, if not all, all of them, will be in attendance on Monday. Whereupon, the Court was cleared, and after a few minutes deliberation was again opened, and its decision as announced by the Judge Advocate was, that the Court would hear any evidence, that Com. Elliott might have to offer on Monday. "The court then adjourned to Monday morning at ten o'clock." (Pages 113-6.)
"Reported for the Public Ledger. "NAVAL GENERAL COURT MARTIAL, "at Philadelphia. "TRIAL OF COMMODORE ELLIOTT. "MONDAY, June 15.-- The court met, pursuant to adjournment on Saturday. Present all its members, the Judge Advocate, and Com. Elliott. The proceedings of Saturday were read. "Washington P. Craig, called by the accused and sworn.-- I am a native of Boston, am 37 years of age, and am a member of the bar in my native city; I am also one of the clerks of the senate of Massachusetts. I have known Mr. Thomas Wells and his acquaintances for 12 or 14 years, more or less; I have never known that his character was questioned for truth and veracity, until within a few weeks, by some testimony which I have read in a newspaper, and I understand was given before this court. I certainly would believer him on his oath. "Cross-examined by the Judge Advocate.-- I do not know where he was from the year 1834 to Sept. 1838. I expect he may have been on board the Constitution; I so understood. I missed him from Boston, whether it was during the time mentioned, or not, I cannot say; I have no distinct recollection that I saw him during that time. "Israel Pemberton Hutchinson, recalled by the accused.-- I know Mr. Thomas Wells; I first knew him in Lisbon, in January, 1837, while the Constitution was there, and I have met him in this country several times since. I always believed Mr. Wells to be a gentleman of veracity; he always conducted himself as such while at Lisbon. I saw more of him in Lisbon, in consequence of an intimacy I had with his brother, than at any other time; I had a good deal to do with him while there; I never heard a question raised as to his veracity, until I heard it upon this trial. I certainly should believe him on his oath. "Cross-examination by the Judge Advocate.-- The Constitution remained at Lisbon about six weeks, though I do not recollect exactly. I saw Mr. Wells after the Constitution left Lisbon, in this city, during the sitting of the court of inquiry, then in the city of New York, and again in this city; I have met him several times, though how often I cannot say. The first time that I met with him, after having parted with him at Lisbon, was during the sitting of the court of inquiry in this city, in the spring of last year. "Lieut. Henry Pinkney, called by the accused and sworn.-- I am a lieutenant of the navy, and am on leave of absence. I know Mr. Thomas Wells; I was about two years in the same squadron, and one year in the same ship with him, on board of the Potomac. I never heard his character for truth and veracity questioned during the time we were together in the squadron, and never until very lately. From my knowledge of his character, I have no reason to disbelieve him on his oath. "Cross-examined by the Judge Advocate.-- I left the Mediterranean in October, 1836, in the Potomac; I was in that ship during the whole cruise; Mr. Wells was schoolmaster on board the Potomac, and left her in October, 1835. "Direct by the accused.-- When I sat that I never heard the character of Mr. Wells questioned for veracity until very lately, I mean to say that I never have until the sitting of this court. "Joseph M. Sanderson, called by the accused and affirmed.-- I am a resident of this city and proprietor of the Merchants' Hotel, and am on the north side of 48 years of age; I know Mr. Thomas Wells, who has been residing at my house for some several weeks; I have not been personally acquainted with him for any great length of time, though I have been intimately acquainted with his brother, Samuel Adams Wells, for several years. Mr. Thomas Wells came to my house at the commencement of this court martial, perhaps a few days before, bearing a letter from an intimate friend in Boston; I never heard his character for truth and veracity questioned. The gentleman from whom he bore letters was a man whom I respect highly, and one whom I am sure would not associate with other than a man of respectability. His acquaintances, since his stay at my house, have been men of whose company I am proud; they were some of our most respectable citizens. I never heard his character for veracity questioned by any one, and f rom my knowledge of it I would believe him on his oath, or on his word, as soon as any man. I have had good opportunity of learning his character, he having been very sick at my house, during which time I spent much of my time with him, and had good opportunity of at least forming an opinion of his character. Dr. John K. Mitchell was his attending physician while sick at my house. "Jesse E. Dow, recalled by the accused.-- I became acquainted with Mr. Wells in 1831, at Boston, and have known him ever since; I had repeated opportunities of forming an opinion as to his character for truth and veracity -- it is good, and I never heard it questioned until the sitting of this court; from my knowledge of his character, I would believe him on his oath. "Cross-examined by the Judge Advocate.-- I left the Constitution at Lisbon, on the 4th of April, 1836, and did not return to the Mediterranean during the cruise of the Constitution. I know nothing of Mr. Wells's character after I left the ship; I knew him before, and have known him since, and never heard it spoken unfavorably of by any one; he was spoken very highly of when the Potomac came into Mahon, by the officers. "James P. Howe, called by the accused and sworn.-- I reside in Philadelphia, and my business is that of a stock broker. I know Thomas Wells, and have since 1826; I first became acquainted with him at Boston; I never heard his character for veracity questioned by any one until yesterday. From my knowledge of his character, I should most certainly believe him on his oath. "Cross-examination by the Judge Advocate.-- I left Boston as a residence in 1831; since then I have resided in Philadelphia. "George O. Bartlett, called by the accused and sworn.-- I reside in Boston, and am a bookseller; I have known Thomas Wells personally about two years, by character much longer; I have had opportunity of knowing his character for truth and veracity, and never heard it assailed by any one until I read the proceedings of this court; I have favorably known him through my personal friends, and by men whom I have esteemed very highly for a long time, and would believe him on his oath as son as any man I know. "Cross-examined by the Judge Advocate.-- I am not engaged in publishing a work of Mr. Wells, and never did publish any thing for him. "Eppes Sargeant, called by the accused and sworn.-- I reside in New York, my occupation is that of an editor, and I am twenty-six years of age; I received a subpoena to attend this court, dated 8th June, on the 11th; I know Mr. Thomas Wells, and have for twenty years; he married a cousin to my father, and I became acquainted with him through that connexion; my opportunities for becoming acquainted with his character for truth and veracity were no greater than that afforded by the natural intercourse, which some years back was very frequent; I never heard it questioned until during this trial; I would believe him on his oath most implicitly. "Cross-examined by the Judge Advocate.-- His second wife was cousin to my father; I think his wife resided at South Carolina during Mr. Wells's absence in the Mediterranean. "Edward D. Clark, called by the accused and sworn.-- I reside in Boston, am an auctioneer and commission merchant, and aged forty-two; I know one Mr. Thomas Wells, the same who, I believe, was a witness before this court, and have for about 15 years; I have opportunities of forming an opinion as to his character for truth and veracity, and never heard it impeached until I heard it assailed before this court; it always stood very fair, so far as my knowledge extends; from my knowledge of his character, I would believe him on his oath. "Mr. Dallas on behalf of the accused, here stated that process had been issued for eight other witnesses, from whom nothing had been heard, but that he would not ask the court for further time, and would now conclude the oral testimony on behalf of the defence. "An order from the department, from under the hand of the Hon. Mahlon Dickerson, directed to Commodore Elliott, appointing him to the command of the Mediterranean squadron, was offered by Mr. Dallas, read, and annexed to the record -- as was also a letter from Com. Daniel T. Patterson, dated on board the ship of the line Delaware, lying at Mahon, to Com. Elliott, resigning to the latter officer his command in those seas, and handing over to him the orders and instructions which he had received from the department for his guidance and government during his continuance in command. "Mr. Dallas then offered a private letter from the Secretary of the Navy to Com. Elliott, accompanied with a special permit from the writer, since obtained, to make it public -- and asked that the same might be read and annexed to the record. This letter, thee was some reason to believe, had reference to the famous 'figure-head' case, that caused so much noise at Boston and throughout the country during the ever-memorable panic season of 1833 and 1834 -- though of this, it not being read, of course nothing is to be said positive. Let it have been what it may, the Judge Advocate was unwilling, he said, to take the responsibility of reading and annexing it to the record, as he had the two previously offered. Whereupon the court was cleared that its judgment might be had in the premises, and after time for mature deliberation, it was opened, and its decision, as announced by the Judge Advocate, was against the reading of the letter and the request of the accused that it be placed upon the record. "The evidence having been concluded, as well as for as against the accused, time was given Mr. Dallas until Saturday next, at 11 o'clock, to prepare his defence, at which time that gentleman stated he should, he thought, beyond question, have it ready to read to the court. "The court, in the interim, will, in accordance with the requirements of the law, daily meet at ten o'clock, and forthwith adjourn. "[It has already been announced that the court adjourned sine die, on Monday, the 22d of June…]" (Pages 130-2.)
"TRIAL OF COMMODORE ELLIOT. ---------------- "From the Globe. "OFFICIAL. "Navy Department, "10th July, 1840. "Pursuant to a precept from the Secretary of the Navy, dated the 9th of April, 1840, a Naval General Court Martial, convened at the navy yard, Philadelphia, on the 4th day of May last, for the trial of Commodore Jesse D. Elliott, and such others as might be legally brought before it. The court was composed of the following named officers, viz: "Commodore Jacob Jones, President; Commodore Lewis Wainwright, Commodore John Downes, Commodore E. P. Kennedy, Captain Charles W. Morgan, Capt. Foxhall A. Parker, Capt. David Connor, Capt. John D. Sloat, and Capt. George W, Storer, members; and John M. Read, Esq., of Philadelphia, Judge Advocate. "The following is the finding and sentence of the Court, in the case of Commodore Elliott, as extracted from the record of its proceedings of 26th of June, 1840: "After having carefully and maturely weighed and deliberated upon the matter, the Court is of opinion that the first specification of the first charge is fully proved; and that the second specification of the first charge is proved, excepting the third paragraph, in these words: "'Upon this oppressive and cruel order being communicated to Dr. Boyd by Lieut. Boerum, Dr. Boyd went into the cabin of Captain Elliott, and then and there remonstrated personally to the said Capt. Jesse D. Elliott against the removal of Pass Midshipman Barton from the Constitution to the Shark; and afterwards, on the same day, remonstrated against such removal, by a letter addressed to the said Captain Jesse D. Elliott, which letter was delivered to him, the said Capt. Jesse D. Elliott, before the removal of the said Passed Midshipman Barton from the Constitution to the Shark; which paragraph is not proved. "The Court is of opinion that the third specification of the first charge is not proved; and the court is of opinion that the first charge is fully proved, and does accordingly adjudge the accused guilty of the same. "The Court is of opinion that the first and second specifications of the second charge are not proved, and does accordingly adjudge the accused not guilty of the second charge. "The Court is also of opinion that the first, second, third, fourth, fifth, sixth, and seventh specifications of the third charge are fully proved, and that the eighth specification of the third charge is proved, except in one particular; and that is, that eight of the nine men therein mentioned, and not the whole nine, were excused from watch and quarters, which portion of said specification is not proved. The Court is of opinion that the third charge is fully proved and does accordingly adjudge the accused guilty of the same. "The Court is also of opinion that the first and second specifications of the fourth charge are not proved, and does accordingly adjudge the accused not guilty of the fourth charge. "The Court also is of opinion that the first, second, and third specifications of the fifth charge are fully proved, and the Court is of opinion that the fifth charge is fully proved, and does accordingly adjudge the accused guilty of the same. "The Court also of opinion that the only specification of the sixth charge is proved with the exception of some items in the papers marked W, X. Y, and annexed to and made part of said specification, and which items are particularly specified on pages 762 and 763 of this record, and that, with these exceptions, the said specification is proved. The Court is of opinion that the sixth charge is fully proved, and accordingly adjudge the accused guilty of the same. "The Court is of opinion that the only specification of the seventh charge is proved, so far as regards the appropriation by the accused, to his private use, of the public stores therein mentioned, with the exception of the items specified and excepted in the preceding opinion and decision of the Court upon the 6th charge and specification; but that it is not proved, so far as it charges the wasting of the said public stores, and that therefore the said specification is not proved as laid. The Court is of opinion that the seventh charge is not proved, and does accordingly adjudge the accused not guilty of the same. "The Court is of opinion that the first, second, and thirteenth specifications of the eighth charge are not proved. The Court is also of opinion that the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, and fourteenth specifications of the eighth charge are fully proved, with the exception of the words 'and thirteenth' after the word 'twelfth' in the fourteenth specification, which are not proved, and the Court is also of opinion that the eleventh specification of the eighth charge is proved except in one particular, and that is, that eight of the nine men were excused from watch and quarters, which portion of said specification is not proved. The Court is of opinion that the eighth is fully proved, and does accordingly adjudge the accused guilty of the same. "The Court does, therefore, sentence and adjudge the said Captain Jesse D. Elliott to be suspended for the term of four years from this date, and that the pay and emoluments of him, the said Jesse D. Elliott, be suspended during the first two years of his said suspension. "(Signed) JACOB JONES, P. C. L. WARRINGTON JNO. DOWNES EDMUND P. KENNEDY CHAS W. MORGAN FOXHALL A. PARKER GEO. W. STORER "John M. Read, "Judge Advocate. "Approved, 6th July, 1840. "J. K. PAULDING. "The charges and specifications of which Commodore Elliott was found guilty, except such parts of certain specifications as are excepted in the findings of the Court, are as follows: "CHARGE FIRST. "Oppression and cruelty, and conduct unbecoming an officer. "Specifications 1st. For that he, the said Jesse D. Elliott, being in command of the naval forces of the United States in the Mediterranean Sea, did on or about the thirtieth day of November, in the year of our Lord one thousand eight hundred and thirty-five, oppressively and cruelly order Charles C. Barton, a Passed Midshipman in the navy of the United States, who was severely wounded in his right leg, and who was then on board the United States ship Constitution, under the medical charge of Dr. Thomas J. Boyd, Surgeon of the Fleet, for the said wound, to be removed from the said ship Constitution, then lying in the harbor of Smyrna, to the United States schooner Shark, against the express objections and remonstrances of the said Dr. Thomas J. Boyd, as fleet surgeon, and as surgeon of the said ship Constitution, and did oppressively and cruelly cause him, the said Passed Midshipman Barton, to be so removed from the Constitution to the Shark against the express objections and remonstrances of the said Dr. Thomas J. Boyd as aforesaid, thereby causing him, the said Barton, great and excruciating pain, and endangering not only the leg, but also the life of him, the said Passed Midshipman Barton. "Specification 2d. For that the said Passed Midshipman Charles C. Barton, being severely wounded in the right leg by a ball, which passed through the tibia, or principal bone of the said leg, fracturing it transversely, and splintering it into fragments, was on the thirtieth day of November, in the year one thousand eight hundred and thirty-five, upon the report of Dr. Thomas J. Boyd, surgeon of the fleet, admitted on board the United States ship Constitution, then lying in the harbor of Smyrna, by the orders of Lieutenant Boerum, the senior officer on board the said ship, and slung in a cot on the starboard side of the half- deck of the said ship, and was then and there operated upon by the Said Dr. Thomas J. Boyd, who extracted the ball and applied the ordinary dressing for such a fracture, said Barton suffering much pain during said operation -- and that for some time after the said operation was performed, and on the day aforesaid, the said Jesse D. Elliott, being in command as aforesaid, came on board the said ship Constitution, when Lieutenant Boerum followed him, the said Captain Jesse D. Elliott, into the cabin of the said ship, and reported to him that Mr. Barton was on board -- and the said Captain Jesse D. Elliott asked why he (Lieutenant Boerum) had admitted him, and upon Lieutenant Boerum replying that Dr. Boyd said it was necessary, he the said Captain Jesse D. Elliott then and there oppressively and cruelly ordered Lieutenant Boerum to send him (the said Barton) out of the ship, and send him on board of his own vessel. "That Lieutenant Boerum immediately communicated said order to Dr. Boyd, when he, Dr. Boyd, said it was impossible that he (the said Barton) would be removed, and that he must protest against it, as it might be attended with very serious consequences. Lieutenant Boerum thereupon went back to the said Captain Jesse D. Elliott, and told him, the said Captain Jesse D. Elliott, what Dr. Boyd had said, and Captain Elliott replied that Doctor Boyd must object in his official capacity as fleet surgeon. Lieutenant Boerum delivered the message to Dr. Boyd, who replied: ' do object as fleet surgeon and as surgeon of the ship, and that the removal of Mr. Barton may be attended with the loss of his limb at least.' -- which reply Lieutenant Boerum delivered to Captain Elliott. Who then oppressively and cruelly reiterated his former order in these words: 'I don't care, sir, sned him out of the ship immediately; send him to the shark.' "That in pursuance of these oppressive and cruel orders pf the said Capt. Jesse D. Elloitt, being in command as aforesaid, the said Passed Midshipman Barton was afterwards, on the same day, carried on deck and lowered over the side of the ship Constitution, in a cot, into one of the boats of the said ship, the said Barton, being then in a great deal of torture, and screaming from agony, and was carried alongside the schooner Shark, which was also lying in the harbor of Smyrna, and he the said Barton, was then and there hoisted over the side of the said schooner Shark, and lowered down the steerage hatch head foremost, into the steerage of the said vessel, the motion causing him great pain and aggravating the symptoms very much, by which oppressive and cruel orders and conduct of the said Captain Jesse D. Elliott, the said Passed Midshipman Barton was caused great and excruciating pain and agony and the life as well as the limb of the said Passed Midshipman Barton were endangered. "THIRD CHARGE. ”Scandalous conduct, tending to the destruction of good morals. "Specification 1st. For that he, the said Jesse D. Elliott, being in command of the naval forces of the United States in the Mediterranean Sea, did, on or about the eighth day of January, in the year of our Lord one thousand eight hundred and thirty-seven, in the harbor of Lisbon, accept from a part of the crew of the United States ship Constitution, then under his command, certain silver plate as a present, the whole or a part of the price of which plate was paid for out of the pay due or becoming due to the subscribers to said present from the United States, "Specification 2d. For that the sum originally subscribed by apart of the crew of the said ship Constitution, to purchase a service of plate to be presented to the said Captain Jesse D. Elliott, being sufficient only to purchase one piece, to wit, a tureen, leaving a small balance of less than fifteen dollars in favor of the crew, the said Jesse D. Elliott, being in command as aforesaid, did, on or about the fifth day of January in the year last aforesaid at or near Lisbon, authorize Lieutenant William Boerum to purchase two tureens, he, the said Captain Jesse D. Elliott, agreeing to pay the difference between the sum subscribed by a part of the crew as aforesaid, and the price of the said two tureens; and he, the said Captain Jesse D. Elliott, did afterwards add to said purchase a pitcher and waiter, upon which pieces of plate he did give the following inscription to be put: 'Presented, as a mark of respect, to Commodore J. D. Elliott, of the United States Navy, by the Crew of the Constitution,' which said inscription was accordingly engraved upon the said two tureens, pitcher, and waiter, when in truth and in fact one only of the said pieces of plate had been actually presented by a part of the crew of the Constitution, to him the said Captain Jesse D. Elliott. "Specification 3d. For the he, the said Jesse D. Elliott, being in command as aforesaid, did, on the eighth day of January, in the year of our Lord one thousand eight hundred and thirty-seven, and on diverse days and times afterwards, cause the said four pieces of plate with the said inscription thereon, to be exhibited in the cabin of the said ship Constitution, thereby holding out to those who saw them that they had all been presented to him, the said Captain Jesse D. Elliott, by the crew of the Constitution, when in truth and in fact one piece only of the said plate had been presented to him, the said Captain Jesse D. Elliott, by a part of the crew of that ship. "Specification 4th. For that, he the said Jesse D. Elliott, being in command as aforesaid, did, on or about the ninth day of January, in the year of our Lord one thousand eight hundred and thirty-seven, on board the said ship Constitution, and after the said pieces of plate were brought on board the said ship, send for Lieutenant Oscar Bullus, and state to him that the amount subscribed did not come up to the price of the plate purchased, and that he, Captain Elliott, had no doubt that if the crew knew what it was to cost they would be willing to subscribe the full amount, and carry their intentions into effect, and did then and there propose to Lieutenant Bullus to make it known to the crew, for the purpose of getting the subscription underway, which proposition Lieutenant Bullus respectfully declined, telling him, the said Capt. Elliott, that he did not think it would look well in the first lieutenant to interfere in a transaction of that nature. "And that afterwards, to wit, on or about the tenth day of the same month, the Said Captain Jesse D. Elliott, being in command as aforesaid, did employ his secretary, one Thomas Wells, to raise some more money from the crew of the said ship Constitution., in order to pay for the additional price of the plate, as before stated: "And that afterwards, to wit, on or about the eleventh day of the same month, the said Captain Jesse D. Elliott, being in command as aforesaid, did inquire of the said Lieut. Bullus how the subscription (meaning that which he had employed the said Thomas Wells to raise, as aforesaid.) was coming on; Lieut. Bullus replied, he would inquire of the master-at-arms, which he did, and afterwards, to wit, on the twelfth or thirteenth day of the same month, or thereabouts, the said master-at-arms brought to Lieut. Bullus the said second subscription paper, containing nineteen names and sixty-nine dollars subscribed, which said money was afterwards received from the purser of the said ship Constitution, and applied to the payment of the bill for the four said pieces of plate, to wit: the two tureens, pitcher, and waiter. "Specification 5th. For the he, the said Jesse D. Elliott, being in command as aforesaid, did, for his private benefit and without regard to the interests of the service, on or about the 13th day of June, in the year of our Lord one thousand eight hundred and thirty-eight, embark and caused to be embarked on board the United State ship Constitution, then lying at Mahon, in the island of Minorca, twenty-two animals, consisting of jacks, jennies, horses, mares, and colts, being the property of the said Captain Jesse D. Elliott, which said animals, together with another animal belonging also to the said Captain Jesse D. Elliott, which was taken on board the said ship Constitution at Gibraltar, on or about the twenty-fifth day of the same month, by the orders of the said Captain Jesse D. Elliott, were placed in stalls erected on the gun-deck of the said ship, by the orders of the said Capt. Jesse D. Elliott said ship, and so continued during the voyage of the said ship from Mahon until its arrival in Hampton Roads, on the thirty-first of July in the same year, by which scandalous acts and conduct of the said Captain Jesse D. Elliott, and by the presence of these animals on board the said ship, and the erection and continuance of said stalls for their accommodation by the orders of the aforesaid Capt. Jesse D. Elliott, as aforesaid, "The comfort of the crew at their meals and at other periods was affected: "The usual messing and sleeping places of a part of the crew were interfered with: "Fourteen guns, seven on each side of the gun-deck, were so encumbered that they could only be run in and out, and could have been fired only once, but could neither be trained, worked, or exercised: "A large and important part of the battery of the said ship Constitution was encumbered, the force and efficiency of the ship materially impaired, and the said United States ship Constitution unequal to sustain the honor of the flag in an emergency, thus sacrificing the interests of the ship, the crew, and the service, to the private interests of him, the said Capt. Jesse D. Elliott. "Specification 6th. For that he, the said Jesse D. Elliott, being in command as aforesaid, did, for his own private benefit and without regard to the interests of the service, on diverse days and times between the tenth day of March and the fifteenth day of June, in the year of our Lord one thousand eight hundred and thirty-eight, employ several of the crew of the said ship Constitution at the Lazaretto in the island of Minorca, in taking care of certain horses and asses, the property of the said Capt. Jesse D. Elliott, and in cutting grass for the food of the said animals. "Specification 7th. For that he, the said Capt. Jesse D. Elliott, being in command as aforesaid, did, for his own private benefit and without regard for the interests of the service, use and caused to be used board, plank, and nails, canvass and junk, belonging to the United States, in making the stalls, slings, bags, and matting for the accommodation of the said animals, consisting of jacks, jennies, horses, mares, and colts, as aforesaid, so belonging to him, the said Captain Jesse D. Elliott. "Specification 8th. For that he, the said Captain Jesse D. Elliott, being in command as aforesaid, did, for his own private use and benefit, and without regard for the interests of the service, employ the crew of the said ship Constitution exclusively in taking care of the said animals whilst on board the said ship, as aforesaid, the said men being excused from watch and quarters. "CHARGE FIFTH. "As commanding officer, of his own authority inflicting punishment on privates beyond twelve lashes, with a cat-of-nine-tails, in violation of the thirtieth article of the first section of the act of Congress entitled 'An act for the better government of the navy of the United States,' passed April 23d 1800. "Specification 1st. For that he, the said Jesse D. Elliott, being in command of the naval forces of the United States in the Mediterranean sea, did, on or about the fifteenth day of March, in the year of our Lord one thousand eight hundred and thirty-seven, of his own authority, cause one Francisco Lasano, a private and seaman in the navy of the United States, and serving on board the United States frigate United States, then in the squadron under command of him, the said Captain Jesse D. Elliott, to be whipped with two dozen lashes with a cat-of-nine-tails, on board the said frigate United States, then lying at or near Mahon, in the island of Minorca. "Specification 2d. For that he, the said Jesse D. Elliott, being in command as aforesaid, and also commanding officer of the United States ship Constitution, on or about the thirtieth day of August, in the year aforesaid, of his own authority, cause a private and seaman in the navy of the United States, and serving as such on board the said ship, but whose name is not known, to be whipped with two dozen lashes with a cat-of-nine-tails, on board the said ship Constitution. "Specification 3d. For that he, the said Jesse D. Elliott, being in command of the naval forces of the United States in the Mediterranean sea, did, on or about the first day of April, in the year last aforesaid, of his own authority, cause one Richard, a private and seaman in the navy of the United States, and serving as such on board the United States schooner Shark, then in the squadron under the command of him, the said Captain Jesse D. Elliott, to be whipped with two dozen lashes of the cat-of-nine-tails, on board of the said schooner Shark. "CHARGE SIXTH. "Unofficer-like conduct, and disobedience of the sixth paragraph, under the head 'officers in general,' of the Rules, Regulations, and Instructions of the naval service of the United States, prepared by the Board of Naval Commissioners of the United States, with the consent of the Secretary of the Navy, in obedience to the act of Congress of the seventh day of February, eighteen hundred and fifteen, which strictly enjoins every officer to avoid all unnecessary expenditure of stores belonging to the public. "Specification. For that he, the said Jesse D. Elliott, being in command of the naval forces of the United States in the Mediterranean sea, did unnecessarily expend large portions of the stores belonging to the public, on board the United States ship Constitution, by appropriating the same to his private use, the particulars of which expenditure and appropriation, with the dates, are given and specified in the papers marked W, X. Y.30, and annexed to and made part of this specification. "CHARGE EIGHTH. "Unbecoming and unofficer-like conduct. "Specification 3d. For that he, the said Jesse D. Elliott, being in command as aforesaid, did, for his own private benefit, on or about the 5th day of March, in the year of our Lord one thousand eight hundred and thirty-seven, place and caused to be placed on board the United States sloop of war John Adams, Silas H. Stringham, commander, then in the squadron under the command of the said Captain Jesse D. Elliott, and lying at Mahon, an Arabian horse and a jack, belonging to him, the said Captain Jesse D. Elliott, to be carried from Mahon to the United States, to accommodate which animals, by the order of the said Captain Jesse D. Elliott, the two foremost guns of said sloop of war, one on each side, were put below, thereby weakening the force and efficiency of the said sloop, and rendering her unfit to contend on an equality with a vessel of an equal rate, with her full armament. "Specification 4th. For that he, the said Jesse D. Elliott, being in command of the naval forces of the United States in the Mediterranean sea, did, on or about the eighth day of January, in the year of our Lord one thousand eight hundred and thirty-seven, in the harbor of Lisbon, accept from a part of the crew of the United States ship Constitution, then under his command, certain silver plate as a present, the whole or a part of the price of which plate was paid out of the pay due or becoming due to the subscribers to said present from the United States. "Specification 5th. For that the sum originally subscribed by a part of the crew of the said ship Constitution, to purchase a service of plate to be presented to the sai d Captain Jesse D. Elliott, being sufficient only to purchase one piece, to wit, a tureen, leaving a small balance of fifteen dollars in favor of the crew, the said Jesse D. Elliott, being in command as aforesaid, did, on or about the 5th day of January, in the year last aforesaid, at or near Lisbon, authorize Lieutenant William Boerum to purchase two tureens, he, the said Captain Jesse D. Elliott agreeing to pay the difference between the sum subscribed by a part of the crew as aforesaid, and the price of the said two tureens; and he, the said Captain Jesse D. Elliott, did afterwards add to the said purchase a pitcher and waiter, upon which said pieces of plate he did give the following inscription to be put: 'Presented as a mark of respect to Commodore J. D. Elliott, of the United States Navy, by the crew of the Constitution;' which said inscription was accordingly engraved upon the said two tureens, pitcher, and waiter, when in truth and in fact, only one of the said pieces of plate had been actually presented by a part of the crew of the Constitution to him, the said Captain Jesse D. Elliott. "Specification 6th. For that he, the said Jesse D. Elliott, being in command as aforesaid, did, on the 8th day of January, in the year of our Lord one thousand eight hundred and thirty-seven, and on divers days and times afterwards, cause the said four pieces of plate, with the said inscription thereon, to be exhibited in the cabin of the said ship Constitution, thereby holding out to those who saw them that they all had been presented to him, the said Captain Jesse D. Elliott, by the crew of the Constitution, when in truth and in fact one piece only of said plate had been presented to him, the said Captain Jesse D. Elliott, by a part of the crew of said ship. "Specification 7th. For that he, the said Jesse D. Elliott, being in command as aforesaid, on or about the 9th day of January, in the year of our Lord one thousand eight hundred and thirty-seven, on board the said ship Constitution, and after the said pieces of plate were brought on board the said ship, send for Lieutenant Oscar Bullus, and state to him that the amount subscribed did not come up to the price of the plate purchased, and that he, Captain Jesse D. Elliott, had no doubt that if the crew knew what it was to cost they would be willing to subscribe the full amount, and carry their intention into effect, and did then and there propose to Lieutenant Bullus to make it known to the crew, for the purpose of getting the subscription underway, which proposition Lieutenant Bullus respectfully declined, telling him, the said Captain Elliott, that he did not think it would look well in the first lieutenant to interfere in a transaction of that nature. "And that afterwards, to wit, on or about the eleventh day of the same month, the said Captain Jesse D. Elliott, being in command as aforesaid, did inquire of the said Lieutenant Bullus how the subscription (meaning that which he had employed the said Thomas Wells to raise, as aforesaid) was coming on. Lieutenant Bullus replied, he would inquire of the master-at-arms, which he did, and afterwards, to wit, on the twelfth or thirteenth of the same month, or thereabouts, the said master-at-arms brought to Lieutenant Bullus the said second subscription paper, containing nineteen names and sixty-nine dollars subscribed, which said money was afterwards received from the purser of the said ship Constitution, and applied to the payment of the bill for the said four pieces of plate, to wit, two tureens, pitcher, and waiter. "Specification 8th. For that he, the said Jesse D. Elliott, being in command as aforesaid, di, for his own private benefit, on or about the thirteenth day of June, in the year of our Lord one thousand eight hundred and thirty-eight, embark and cause to be embarked on board the United States ship Constitution, then lying at Mahon, in the island of Minorca, twenty-two animals, consisting of jacks, jennies, horses, mares, and colts, being the property of him, the said Captain Jesse D. Elliott, which said animals, together with another belonging also to the said Captain Jesse D. Elliott, which wa taken on about the 25th day of the same month, by the orders of the said Captain Jesse D. Elliott, were placed in stalls erected on the gun-deck of the said ship, by the orders of the said Captain Jesse D. Elliott, and so continued during the voyage of said ship from Mahon until its arrival in Hampton Roads, on the thirty-first of July, in the same year; by which acts and conduct of the said Captain Jesse D. Elliot, and by the presence of these animals on board the said ship, and the erection and continuance of the said stalls for their accommodation, by orders of him, the said Captain Jesse D. Elliott. "The comfort of the crew at their meals, and at other times, was affected: "The usual messing and sleeping place of a part of the crew were interfered with: "Fourteen guns, seven on each side of the gun-deck, were so encumbered that they could have been only run in and out, and could have been fired only once; but could be neither trained, work, nor exercised; a large and important part of the battery of the said ship Constitution was encumbered, the force and efficiency of the ship materially impaired, and the said United States ship Constitution rendered unequal to sustain the honor of the flag in an emergency. "Specification 9th. For that he, the said Jesse D. Elliott, being in command as aforesaid, did, for his own private benefit, on diverse days and times between the eighteenth day of March and the fifteenth day of June, in the year of our Lord one thousand eight hundred and thirty-eight, employ several of the crew of the said ship Constitution at the Lazaretto, in the island of Minorca, in taking care of certain horses and asses, the property of the said Captain Jesse D. Elliott, and in cutting grass for the food of the said animals. "Specification 10th. For that he, the said Captain Jesse D. Elliott, being in command as aforesaid, did, for his own private benefit, use and cause to be used boards, planks, and nails, canvass and junk, belonging to the United States, in making the stalls, slings, bags, and matting, for the accommodation of the said animals, on board of the said United States ship Constitution, consisting of jacks, jennies, horses, mares, and colts, as aforesaid, and so belonging to him, the said Captain Jesse D. Elliott. "Specification 11th. For that he, the said Captain Jesse D. Elliott, being in command as aforesaid, did, for his own benefit, employ and cause to be employed, nine men belonging to the crew of the United States ship Constitution, exclusively in taking care of the said animals whilst on board the said ship Constitution, as aforesaid, the said men being excused from watch and quarters. "Specification 12th. For that he, the said Captain Jesse D. Elliott, being in command of the Units States ship Constitution, did, for his own private benefit,, on the thirty-first day of July, in the year of our Lord one thousand eight hundred and thirty-eight, whilst the said ship was lying at anchor in Hampton Roads, employ sundry of the officers and crew of the said ship, with the boats of said ship, in carrying on shore to Hampton the said animals, twenty-two in number, being the private property of him, the said Captain Jesse D. Elliott, which had so been brought over from Mahon and Gibraltar in the said United States ship Constitution, and in consequence of the said employment of sundry of the crew in the manner above stated, many of the crew thus employed got liquor and became intoxicated, and also brought liquor on board said ship Constitution upon their return from the shore, which liquor was distributed among others of the crew by which means many of the crew of the said ship Constitution, on the said thirty-first day of July, in the year of our Lord one thousand eight hundred and thirty-eight, on board the said ship in Hampton Roads, became or were intoxicated and drunk, and whilst in this drunken state, became noisy, disorderly and mutinous, insulted, abused, threatened, and defied their officers, carried off prisoners by force from the charge of the sentry, beat and bruised the master-at-arms, threatening his life; beat, bruised, and chased Thomas Ennis on the quarter-deck, and threatened his life, and committed many other disorderly, mutinous, and outrageous acts, by which the discipline of he ship was destroyed, he, the said Jesse D. Elliott, being then and thee in command of said ship as aforesaid, and on board of the same, and knowing the said state of the crew of the ship, and having occasioned the same by his said employment of the crew and boats as before stated. "Specification 14th. For that he, the said Captain Jesse D. Elliott, being in command of the said U. S. ship Constitution, did, on the 1st day of August, in the year of our Lord one thousand eight hundred and thirty-eight, in the cabin of the said ship, then lying near Norfolk, and after the occurrences set forth in the twelfth and thirteenth specifications of this charge had taken place, ordered Commander Wm, Boerum to call those men (belonging to the crew of the said ship) whose times were out, aft, and say to them that, as some of his (Captain Elliott's) family were on board, he (Captain Elliott) could not come up himself, and he wished him to say that he (Captain Elliott) had been pleased with their general conduct during the cruise, that their contract was now at an end, and they could go ashore, which said speech or message was accordingly delivered on the deck of the said ship Constitution, by Commander Boerum, to the said men who were called aft to hear it, thereby countenancing, indirectly at least, the disgraceful proceedings of the preceding day, in a manner unbecoming an officer holding so high a rank in the navy of the United States. "The finding and sentence of the court has been approved by the Secretary of the Navy; but so much of the sentence as suspends the pay and emoluments of Commodore Elliott for the first two years of his suspension from duty has been remitted by the President of the United States, as will appear by the following paper bearing his signature, and annexed to the record: "'Although the offences of which Commodore Jesse D. Elliott has been convicted are of a grave and serious character, deeply affecting the interests of the service, still the President, on a careful consideration of the case, perceives grounds which, in his opinion, diminish their weight, and justify a mitigation of punishment. "'It appears, from the record of the proceedings of the court, that Passed Midshipman Barton left his ship not only in violation of an express order of his commanding officer, but for a purpose which it was undoubtedly the duty of the commander of a squadron to discourage and prevent by every exertion of his lawful authority; and that after being wounded, instead of returning to the vessel to which he belonged, he directed himself to be taken on board the ship of the commander of the squadron, whose pointed orders he had disobeyed. "'It also appears that, in various instances which occurred previous to the cruise of the squadron under the command of Commodore Elliott in the Mediterranean, the commanders of ships and squadrons had, in pursuance of instructions from the Navy Department, brought to the United States animals of various kinds, without being questioned or censured by the department. The offence committed by Commodore Elliott in this case appears, therefore, to have consisted in taking on board the frigate Constitution, so great a number of animals as to interfere with the accommodation of the men, embarrass the exercise of the guns, and impair her force and efficiency as a man of war. "'In consideration of these facts and circumstances, the President has thought proper to remit that portion of the sentence of the court which involves the forfeiture of pay during the first two years of Commodore Elliott's suspension. "'M. VAN BUREN.'" (Pages 145-9.)
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The Captain's Clerk |