M 0273

RECORDS OF COURTS‑MARTIAL AND COURTS OF INQUIRY, 1799-1867

IN NATIONAL ARCHIVES (198 ROLLS)

 Note:  Only those rolls covering periods when CONSTITUTION was in squadron service have been researched. 

Court martial held in USS CONSTITUTION, 27‑8 Jun 1799

    Defendant: Lieutenant John Blake Cordis of USS CONSTITUTION.

    Charges: (1) beating a seaman; (2) sleeping on watch.

    Board: Captain Silas Talbot (Pres.), Captain George Little, Lieutenant Commandant Cyrus Talbot, Lieutenant Michael Titcomb; Noahdiah Morris, judge advocate pro tem.

    Findings: (1) Not guilty; (2) "not proved."

Court martial held in USS CONSTITUTION, 2 Aug 1805:

    Defendants: Privates John Fording and Samuel Peacock of USS CONSTITUTION.

    Charges: (1) sleeping on post (Fording); (2) mutinous and seditious conduct (Peacock).

    Board: Captain Anthony Gale, USMC (Pres.), Lieutenant Henry Caldwell, Lieutenant William Amory, USMC, Lieutenant John Johnson, Lieutenant Thomas W.  Hooper; Thomas Johnston, judge advocate.

    Testimony of note: Peacock claimed he was an Englishman who had been improperly enlisted.

    Findings: Guilty.

    Punishments: 50 lashes (Fording); 100 lashes (Peacock).

Court martial held in USS CONSTELLATION, 19 Aug 1805:

    Defendant: Lieutenant Joshua Blake of USS CONSTITUTION.

    Charge: Quarreling with Master Commandant Thomas Robinson on 6 Aug.

    Board: Captain Hugh G. Campbell (Pres.), Master Commandant Charles Stewart, Master Commandant Isaac Hull, Master Commandant John Shaw, Master      Commandant George Cox, Master Commandant John H. Dent, Lieutenant David Porter, Lieutenant Samuel Evans; Surgeon George Davis, acting                            judge advocate.

    Testimony of note: Blake wanted to duel Robinson because the latter had let his opinion be known to others that he thought Blake's actions in the first action        off Tripoli, 3 Aug 1804, were cowardly.  He said he would give Blake satisfaction after Blake had proven he was no coward, and refused any further                 discussion.  Later the same day, Blake again confronted  Robinson and threatened his life before witnesses.  Blake was arrested shortly thereafter.

    Finding: Guilty.

    Punishment: Public reprimand issued on quarterdeck of USS CONSTELLATION.

Court martial held in USS SIREN, 27 Mar 1806:

    Defendant: Lieutenant Sybrant Van Schaick of USS CONSTITUTION.

    Charge: Disobedience of orders.

    Board: Master Commandant John Smith (Pres.), Lieutenant David Porter, Lieutenant Theodore Hunt, Lieutenant James Lawrence, Lieutenant Ralph Izard; Thomas Johnston, judge advocate.

    Testimony of note: Lieutenant Joshua Blake had received orders from Commodore John Rodgers to get supplies for small craft in his charge from stores ashore at Syracuse, Sicily, then in Van Schaick's charge.  The orders, one written by Blake, were delivered by Midshipman Jesse D. Elliot.  Van Schaick, seeing only the order from Blake, refused to accept it; Elliot departed before Van Schaick had time to read the orders from Rodgers.  Blake pressed charges.

    Finding: Guilty.

    Punishment: Suspended from duty for one month.

Court martial held in USS ETNA, 8 Jul 1808:

    Defendant: Private Alexander McMullen of USS CONSTITUTION.

    Charges: (1) sleeping on post; (2) allowing prisoners to escape.

    Board: Lieutenant Joseph Bainbridge (Pres.), Lieutenant Samuel Angus, Lieutenant John M. Haswell, Lieutenant William P. Smith, Lieutenant George H. Geddes; Surgeon Samuel R. Marshal, judge advocate.

    Findings: Guilty of both charges.

    Punishment: 24 lashes.

Court martial held in USS ETNA, 8 Jul 1808:

    Defendant: Sergeant Dennis O'Neill of USS CONSTITUTION.

    Charge: drunkenness and disobedience.

    Board: Lieutenant Joseph Bainbridge (Pres.), Lieutenant Samuel Angus, Lieutenant John M. Haswell, Lieutenant William P. Smith, Lieutenant George H. Geddes; Surgeon Samuel R. Marshall, judge advocate.

    Findings: Guilty.

    Punishment: 70 lashes; reduced to Private.

Court martial held in USS CONSTITUTION, 15 Jan 1811:

    Defendant: Seaman John Wilson of USS CONSTITUTION.

    Charge: Desertion on 1 Feb 1810.

    Board: Captain Isaac Hull (Pres.), Lieutenant Charles Morris, Lieutenant Octavus A. Page, Lieutenant George C. Read, Lieutenant Thomas Gamble; Henry

Dennison, judge advocate.

    Testimony of note: Wilson said he deserted because he did not like being required to take off his shoes and stockings when washing decks in cold weather.

    Finding: Guilty.

    Punishment: 100 lashes; pay docked to pay costs of apprehension.

Court martial held in USS CONSTITUTION, 22‑3 Feb 1811

    Defendants: Seamen John Loving and Samuel McClarey of USS CONSTITUTION.

    Charge: mutinous language and disrespect.

    Board: Acting Captain Charles Ludlow (Pres.), Lieutenant Oliver Hazard Perry, Lieutenant Charles Morris, Lieutenant George C. Read, Lieutenant Thomas        Gamble; Henry Denison, judge advocate.

    Testimony of note: Lieutenant Octavus A. Page, the duty officer, on the night of 5 February, was informed of a disturbance on the berth deck.  Below, he found    crewmen throwing pieces of wood and iron around and yelling.  He ordered "beat to quarters," and had 20 men brought involuntarily to the gun deck under                Marine guard.  McClarey, an onlooker, began yelling and was put in irons. Loving followed suit, and Page ordered both into the "Cole hole" (also referred                to as "the cage").  Loving appeared to be drunk.

    Finding: Guilty.

    Punishment: 100 lashes each; laid on at 11 AM 25 Feb.

Court martial held in USS ARGUS, 11 Apr 1811:

    Defendants: Boatswain's Mate John Niese and Seaman John Read of USS CONSTITUTION.

    Charge: seditious conduct and disrespect.

    Board: Master Commandant James Lawrence (Pres.), Acting Master Commandant Charles Ludlow, Lieutenant John Orde Creighton, Lieutenant Jesse Duncan  Elliot, Lieutenant Thomas Gamble; Surgeon Samuel R. Marshall, judge advocate.

    Testimony of note: Neise and Read had written a letter to the Secretary of the Navy on 14 Feb demanding their immediate discharge because neither had realized, when enlisting, that their term of enlistment did not become operative until the first subsequent sailing of the ship.  Originally enlisted in USS PRESIDENT,    that ship had lain in port for 7 months after they had gone aboard.  They had left the letter out on a mess chest for all to see prior to posting it.

    Finding: Guilty.

    Punishment: Niese reduced to Seaman, fined his pay from 14 Feb to 12 Apr, and given 200 lashes with a recommendation that the flogging be remitted for this first offender.  Read was similarly fined and awarded 50 lashes with recommendation for clemency.  Both sentences were so approved.

Court martial held in USS CONSTITUTION, 7 Jul 1811

    Defendant: Quarter Gunner Thomas McCumber of USS CONSTITUTION.

    Charges: (1)mutinous conduct and disrespect; (2) mutinous and seditious language.

    Board: Lieutenant Daniel Murray (Pres.), Lieutenant Charles L. Ridgley, Lieutenant Octavus A. Page, Lieutenant Alexander Scammel Wadsworth, Lieutenant      Wolcott Chauncey; Surgeon Samuel R. Trevett, acting judge advocate.

    Testimony of note: McCumber took umbrage at an order from Gunner Currie and made a fist at him.  When about to be flogged for this, he demanded a court     martial, implying he was in the Service against his will.  (It seems he, too, was unaware of the proviso that enlistment time didn't begin until the ship in question first got underway.)  McCumber stated that his two year enlistment thusfar had run 28 months.  He also thought the Gunner "resented" him.

    Findings: Guilty on both counts.

    Punishment: 100 lashes and reduced to Ordinary Seaman.

Court martial held in USS CHESAPEAKE, 1‑5 May 181

    Defendant: Private John Pershaw of USS CONSTITUTION.

    Charges: (1) breaking and entering slop room; (2) stealing articles therefrom.

    Board: Captain Samuel Evans (Pres.), Lieutenant Octavus A. Page, Lieutenant George Parker, Lieutenant Joseph Nicholson, Lieutenant William H. Freeman,      USMC; Purser Robert C. Ludlow, judge advocate.

    Finding: Guilty of having stolen goods in his possession.

    Punishment: shaven head and dismissal from the Service.

Court martial held in USS CONSTITUTION, 9‑17 Sep 1813:

    Defendant: Midshipman James W. Delany of USS CONSTITUTION.

    Charge: Public drunkenness.

    Board: Captain Charles Stewart (Pres.), Captain Joseph Bainbridge, Captain J. R. Y. Blakeley, Lieutenant George Parker, Lieutenant Jesse Wilkinson; Purser    Robert C. Ludlow, judge advocate.

    Finding: Not guilty.

Roll 7

Court of Inquiry held in USS CONSTITUTION, 2‑8 May 1814:

    Interested Party: Captain Charles Stewart.

    Subject: Premature termination of war cruise.

    Board: Commodore William Bainbridge. Commodore Oliver Hazard Perry; George Sullivan, judge advocate.

    Testimony of note: Stewart testified that his orders from the Secretary of the Navy (19 Sep 1813) directed him to the coast of South America, then northward    through the Windward and Leeward Islands, thence to the English Channel and the Bay of Biscay, to the vicinity of Madeira, then back to the Cayenne                     coast before returning home "in the spring."  They also permitted him to call at Savannah or Charlestown "for refreshment" and intelligence after his first Caribbean sojourn, and to go longer if he could do so using captured provisions.  Stewart noted he had been following orders when, after weather precluded the permitted stop at Charleston and while in the vicinity of Bermuda, he became aware of a badly weakened mainmast.  Adding to this problem the fact that his sails proved to be nearly worn out, that 30 or so men were sick (including scurvy), that he hadn't been able to replace depleted supplies by any means, and that the ship was leaking forward, he decided to call at Boston to make repairs and replenish before resuming his cruise.  He expected that conditions on the coast would make it possible for him to avoid being blockaded, and selected Boston because it was least off his projected track.  He concluded his opening statement by pointing out that, while his     cruise had been curtailed, nonetheless, he had been out longer than any other commander thusfar in the war.

    Questioning by the Board of Stewart, Lieutenants Henry E. Ballard, Beekman V. Hoffman, and William B. Shubrick, Surgeon Charles Cotton, and Purser          Robert Pottinger brought out no inconsistencies with what Stewart had stated in his opening remarks.  The Board took particular interest in the fact that Stewart had conducted an experiment by installing "Beef Tanks" under the fore orlop which held 278 barrels of beef when filled.  The beef turned out to be of poor quality, but only 1 barrel had had to be condemned during the cruise.  The Board's inspection of the tanks showed 9143 pounds of sound beef remaining.  It found that consumption of supplies had been normal, but that Stewart's efforts to put the crew on reduced rations shortly after going to sea were refused by the seamen until 1 February, when they agreed to a one‑eighth reduction.

    Sailing Master Eames reported the status of the sails: a foresail 2/3 gone, the others, worn out; 1 mainsail 2/3 used, the others, 1/2; 2 main topsails 1/2 gone, the others, 2/3; all foretopsails 1/2 worn; a mizzen topsail worn out, the others 2/3 gone.

    Purser Pottinger provided the following statistics:

              Crew on sailing

Total: 485 souls

              Provisions on board

|Crout|Water

              Items Jettisoned, 2 Apr 1814

        Average water use was 250 gals per day.

    Opinions: That Captain Stewart was (1) not negligent in preparing for the cruise; (2) "injudicious" in experimenting with the beef tanks; (3) properly motivated in his jettisoning; (4) not negligent in regard to crew health; (5) of doubtful judgment in returning to port when he did; (6) in command of a crew of authorized size.  The Board also considered that there were enough provisions remaining for the ship to have remained out for 3 more months, but that there was water sufficient only       for 2.

    Recommendation: No court martial.

 Court martial held in USS CONSTITUTION, 17 Oct 1814:

    Defendant: Midshipman Joseph Cross of USS CONSTITUTION

    Charge: Disobedience of orders.

    Board: Captain Charles Morris (Pres.), Lieutenant Alexander Scammel Wadsworth, Lieutenant William B. Shubrick, Lieutenant Henry E. Ballard, Lieutenant William M. Hunter; William C. Aylwin, judge advocate.

    Finding: Not guilty.

Court martial in USS CONSTITUTION, 18‑19 Oct 1814:

    Defendants: Cook William Long, Seamen Thomas Trask and Daniel Moody, Ordinary Seaman Thomas Noland of USS CONSTITUTION.

    Charges: (1) desertion (Trask and Moody); (2) mutinous language (Long); mutinous conduct (Noland)

    Board: Captain Charles Morris (Pres.), Lieutenant Alexander Scammel Wadsworth, Lieutenant Henry E. Ballard, Lieutenant William B. Shubrick, Lieutenant      William M. Hunter; William C. Aylwin, judge advocate.

    Findings: Long not guilty; remainder guilty.

    Punishments: 30 lashes (Trask); 100 lashes and labelled "Deserter" for 30 days (Moody); 100 lashes (Noland).

Court martial in USS CONSTITUTION, 18 Nov 1814.

    Defendant: Ordinary Seaman Thomas Gardner of USS CONSTITUTION.

    Charge: Desertion (13 months).

    Board: Captain Charles Morris (Pres.), Lieutenant Henry E. Ballard, Lieutenant Beekman V. Hoffman, Lieutenant William B. Shubrick, Lieutenant William M.    Hunter; William C. Aylwin, judge advocate.

    Finding: Guilty.

    Punishment: 100 lashes.

Roll 8

    NOTHING

LATER ROLLS NOT SEEN 

The Captain's Clerk

1989, TGM