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THE REFLECTOR
I,. I.
MILLEDGEYILLE, G. TUESDAY, MARCH 3, ISIS.
■ O. 17.
CON GUESS.
IN SENATE.
Wednesday, January 2t.
case OK CERTAIN HEATII.
committee on Naval Affairs, to whom
con referred the memorials of certain
issioited officers of the navy, under the
bf commanders, and also the memnri-
ccrtain officers of the marine corps,
ed to the Mediterranean squadron,
had the same under consideration, and
• That your committee, duly impres-
ith the importance and delicacy of the
ctsreferred to them, and anxious to
c that course which will best comport
the good of the public service and the
duties of the Senate, have given the
ral memorials all the consideration to
h they are entitled.
he memorialists of the navy and inn-
corps pray '.he Senate would institute
nqniry into the proceedings of the two
ts martial, had in the Mediterranean, in
arly part of the last year. They com-
i that these proceedings were such as
jpair their confidence in the tribunals
li have been established by the laws of
ountry for the protection of the rights
11 who arc connected with the naval es-
sliment.
he memorialists of the marine corps
, that their rights may he guarded by a
al act of the legislature, « or that the
and regulations for the better govern-
t of the navy be more strictly carried
execution.”
r our committee sincerely regret, that any
cumstances should have occurred, which
o caused discontents among any portion
the officers of the United States Navy,
cy have indulged the hope that the higii
utation and renown which had been ac
ired by the naval establishment of this
untry in war, would be cherished and sedu-
isly guarded in the season of peace, by
cry officer of the corps. It is only by a
rrect deportment; by a rigid discharge of
ty, and a strict observance of the laws,
at their well earned fame can be preserv-
If these observations are correct, a>
regards the individuals, officers of the na-
, they most strongly apply to their tribu-
1s. If naval courts of inquiry, have he
me so negligent, or so partial and unfaith
the discharge of their duties, that
iso who should look to them for protection
a no longer confide in them hut must re-
•t. in the language of tho memorialists, for
ety “ to those arms with which their conn-
lias intrusted them, or to that strength
th which nature has blessed them,” then
id, there is most serious cause of a
. But your committee do not believe
at this is the condition and character ol
ur naval tribunals. They have hercto-
ro been unimpeached. Under their ail-
inistration the. American navy lias attain
a character, both at home and abroad,
which the nation is justly proud. In the
tances complained of, there may have
cii some ground for criticism ; the pro-
edings may have been such as not to give
tire satisfaction to all; but your cornmit-
e are deridcdly of the opinion, that what-
cr may he the character of the procccd-
;s of the courts martial under consider,i-
ii, they arc beyond the control of the
nate. It has no power that can reach
esc cases. It has none other than legis-
tivc power, touching these matters, which
its nature cannot ho retrospective. The
rrectjve, hi such cases is confided by the
istitutions of the country to the Chief Mn-
istrate, and to that department of the g<
eminent would their complaints perhaps,
ave been most properly addressed.
There is another view of the subject, to
hich the committee have not been inatten-
ve. It has been considered a fit occasion
> look into the laws governing the navy,
order to discover whether any defects cx-
t which may require legislative correction
our committee have done so, and on ex-
mination are of opinion, that no legislative
roccedings are necessary at this iime. The
lies and regulations for the better govern-
entof the navy now in force, are those
ndcr which it has grown lip and acquired
reputation for-discipline and efficiency,
hich your committee believe is not surpas-
d by any similar establishment. In this
tateof things, they are of opinion, that the
atises of complaint, if any, aro not in the
i\vs hut in the administration of the laws,
s it regards the marines, a description of
rce most necessary and useful, and which
erits the fostering and protecting care of
ic government, the committee on examiua'-
on find that they aro subject to do duty a-
oat and on shore, as the executive, at his
iscretion, may direct; and that they are
governed by the same rules and articles
f war, as arc prescribed for the military
stablisliment, and by the rules for tho reg-
lation of the navy, heretofore or which
mil be established by law, according to the
aturc of the service in which they shall he
employed.” The committee know jio foot
ing more proper on which to place tho ma
rine!', than that on which the law has already
placed them. Were new rules fuiv to be
prescribed for their government and pro
tection, it is believed that none other ought
to he prescribed than those which now ex
ist. Your committee therefore repeat, that
in their opinion, tho defect, if any, is not in
the law, but in its execution. Viewing,
then, the subjects referred to them in all
their hearings, feeling the danger of affect
ing that discipline which is the vital princi
ple of all military establishments ; while
they would frown with indignation on every
act which savoured of oppression, or of
ma!-admiiiistration, your committee res
pectfully subject the following resolution :—
Resolved, That tho committee on naval
affairs be discharged from the further con
sideration of the memorial of the naval offi
cers of the Mediterranean squadron, under
the rank of commanders, and of the me
morials of the officers of the mnrino corps,
of date the 17th January, 1817.”
The memorial of the commissioned officers (of the Me
diterrauean squadron) under the rank of commanders
to the honorable the Senate of the United States, da
ted Port Malion, January 20th, 1817.
The undersigned, officers holding commis
sions in tho navy of the United States, beg
leave most respectfully to. state to the honor
tble the Sonata of the United States, that
having entered the service early in life, from
motives of love of their country, respect for
its naval character, and a si v ere wish to be
come useful, they would willingly encounter
dangers of any kind, or endure any hard
ships which the good of the service or the
preservation of discipline may make neccs-
.s.'-y ; that together with a willingness t
risk their lives and sacrifice their comforts,
they have heretofore felt a firm reliance
tin* protection which the well digested laws
of their country were intended, by the fram
ers and enactors of them to afford to officer
of every grade, against the wanton exercis
>f that power which all military establish
ments must, place in the hands of the superi
or over the subaltern, Guarding with cau
tious jealousy their reputation and their rights
against all assaults, which have not been de
signated by the law for the guard.unship and
arbitration of the most respectable of all
tribunals (a court martial) they have witness
ed with the deepest regret, the proceedings
on a late transaction which lias been brought
to the decision of a court composed of the
eldest officers of this squadron—of officers
w ho from their rank in service, we had hop
ed would prove as jealous guardains of our
rights as of their ow n. Wc beg leave respect
fully, to stato the leading circumstances of
this case. Capt. John Heath, commanding
the detachment of J:hc marines onboard of
the frigate Java, under the command of Oli
ver II. Berry, esq. was so unfortunate as to
: incur the displeasure of his commander.—
The merits of the case between these two
iffieexvs we do not presume to canvass ; but
wc arc imperiously called upon to notice the
mbsoquent,events. A court martial conven
'd in the harbor of Mahon, on board the Ja-
i'u, on the 31st December, 181!>, for the tiy
il of captain John lleatli, on charges and
specifications of which the following is
ropy s
Charge 1st. Disrespectful, insolent and
contemptuous conduct to me his superior of
ficer. Specification 1st. That he did or: or
about Hie 22d*>f July, 1316, board of the
United States’ frigate Java, then standing
careless and indifferent manner ; and when
the marines wbro mustered, did neglect to
report to me until called and directed so to
do. Specification 3d. That he did neglect
on the desertion of said marines from the
ship, to take those immediate steps for their
recovery that became him as commanding
officer of the detachment th which they be
longed, nmTWerc required by the urgency
I' the case. Thin charge and specifications
being in violation of a part of the 20t!i arti
cle and the 23th article of the rules and re
gulations for the better government of the
uav) of the U. States.
Charge 3d. Disobedience of orders.—
Specification. That ho did at the time anil
place I'lffeiTed tin in the 3d specification of
1st charge, though repeatedly ordered to be
silent, continue to speak, although warned
f tho consequences, and in the same inde
corous and contemptuous manner as is there
in nllcdgcd, thereby violating a part of tin
14th article of the rules and regula
tions for the better government of tho navy
of the U. States.
(Signed) O. II. PfeRRY.
U.S. Slop Jivii, Algiers I' iv, 11th Oct. 1816.
into the hay of Naples, on being asked h>
me “why a certain marine, was suffered to
appear on deck in so filthy and dirty a dress?”
reply to me in an insolent, disrespectful and
contemptuous manner. Specification 2d.
That he did late in evening the of the 18th
of Sept. 1816# onboard the United States’
frigate Java, then at anchor in the harbor of
Messina, cause a letter written by himself
and couched in language highly improper to
be used towards his commanding officer, to
he left on my table in the cabin of said ship.
Specification 3d. That lie did when sent for
into the cabin, on being asked “ why he
took such a time to write me a letter of that
kind ?” assume a deportment towards me
iglily provoking and disrespectful.—The
aforesaid charge and specifications being iri
violation of a part of the 15th article, and a
part of the 13th article of the rules and re-
ulations for the better government of the
navy of the United States.
Charge 2d. Neglect of duty and unoifi-
cer like conduct. Specification 1st. That
on or about the evening of the 16th of Sep
tember, 1816# on board the United States’
frigate Java, then at anchor in the harbor of
Messina, lie, tho said captain John Heath,
did, on two marines jumping overboard to
swim from the ship, neglect to come on deck,
although called and informed of this circum
stance, allcdging as a reason therefor the
subterfuge of his being sick. Specification
2d. That he did when ordered by me# at
said time and place, to conic on deck and
inustOr the marines# execute that duty in a
Of these charges and specifications it will
he necessary to observe only# that the offen
ces on which the greatest stress is laid, was
committed as the specification slates, on the
22d July, 1816; that captain Heath was nei
ther arrested, suspended, nor warned that
notice would be taken of his offence; that
on the I6t,!i of September, 1816, capt. Heath
is again supposed by captain Perry, to com
mit an offence, for which captain Perry sus
pends him from the exercise of the duties of
his office ; that in tho interval between th.
commission of these two offences, a general
court martial convenes in the bay of Naples,
of which court captain Perry is president
and captain Heath a member; that after
captain Heath hud been suspended from du
ty two days, lie addressed a note to captain
Perry, of which the following is a copy :
V. S. frigate Jura, Messlna, Sept. 18, 1816.
Sir,—On the evening of the 16th insf. 1
was ordered below by you from the quarter
deck of this ship, with these words or to
that effect, “ l have ho further use for your
services on hoard this ship.” I have waited
until this moment to know, why I have been
thus treated; and being ignorant of the cause
’(■quest my arrest and charges.
Very respectfully, your obedient servant,
(Signed) JOHN HEATII, capt; mar.
The language of this note, captain Perry
considers disrespectful, and summoned cap
tain lleatli into his cabin. Willingly would
your memorialists draw a veil over tlm trans
action, which then and there took place;
most willingly would they bury in oblivion a
transaction so disgraceful to the character
of an American officer. But justice to them
selves forbids it. It appears by the state
ment of capt. lleatli and tlm acknowledg
ment of captain Perry, that after some con
versation had passed captain Perry, from
(as he says) “ a disposition to chastise inso
lence on the spot,” gave to captain lleatli a
blow, and after having committed this out
rage on liis person with much abusivo lan
guage, ordered him to lie confined to bis
room, and a centincl placed over him, a
measure which hitherto has been considered
justifiable in extreme cases only; A little
reflection convinced captain Perry of the im
propriety of his conduct, and alarmed for
its consequences, lie accordingly through
the medium of another post captain and the
first lieutenant of the Java, made an over
ture to captain Heath of reconciliation, and
through them tendered an apology, but in
sisted on terms of his own dictating. This,
captain lleatli, having a due regard for his
own reputation, for tho commission which lie
has the honor to hold, and for the respecta
bility of bis brother officers of the same rank,
positively refused to accept, and in his turn
preferred charges against captain Perry. A
court martial convened, and as we have been
in cvel*y instance the defenders, not only of
their characters hut of their persons. Plac
ed a at distance from their country, and with
out the immediate iiitluence of its civil laws,
your memorialists rely with confidence on
the decision of the high tribunal to which
they now solemnly appeal. Your memorial
ists trust it will not engross too much of tho
valuable time of the Senate, to institute an
xamiliatioti into the proceedings of this court
in these two instances. They beg leave ah
so to state, that a case occurred at Naples
in August last, between captain J.O. Creigh
ton and midshipman Martson# of the Wash
ington, the decision on which they also con
sider as tending to destroy the conviction
which every officer ought to feel while in tiio
execution of the duties of his office, that
the strong arm of the law is extended over
him, equally for his protection during good
conduct, and for his punishment when lie de
ntes from its rules. If your memorialists
have erred in making this appeal they hope
it will he attributed rather to ah exuberance
than a deficiency of a good feeling, and they
rust that they will cVer be found ready to
obey the call# and support the cause of their
country, in any contest, however unpromis-
5 to themselves as individuals.
And your memorialists# as ia duty b »und
will ever pray.
{Signed by 41 subalierii officers.)
Memorial of die officers of die V. States’ Marine Corps.
The officers of the United States’ marine
orps, in the Mediterranean, present the fol
lowing memorial to the honorable Senate uml
House of Representatives of the U. States,
and pray that their situation on board tho
ship. v.id the grievances herein complained
of, may claim their serious attention.
Thu want of established rules and regula
tions for the marine corps, when stationed
on board ship, and the differertce of discip
line in different vessels, have always been
productive of serious ills, and have too fre
quently occasioned unavoidable and unhappy
disturbances. The undersigned, therefore#
do earnestly entreat, that rules aiid regula
tions be established by an act of Congress,
wherein the duties of marine officers when
afloat, may be clearly and distinctly dMined,
and their rights and privileges protected;
The undersigned regret the necessity uh- 1
cr which they conceive themselves bound
y their duty to the service and themselves#
ofiiitreating the honorable Senate and House
of Representatives, as the guardians and
protectors of their rights, to examino the
decision of a court martial held at Mahon,
on captain Oliver II. Perry, of the navy un
der the charges of outraging the rights#
feeling and person Of the commanding officer
ol* marines, of the United States’ frigate Ja
va, and pray that tiie protection of their
rights & persons be guaranteed by some spe
cial act of Congress : or that the rules and
regulations for the better government of the
navy* be more strictly carried into execu
tion.
(Signed'by nine Marine Officers.)
U. S. ship Washington, Port Mahon, 4-;li May, 1817.
Sir,—I have tho honor to transmit here
with an attested copy of a letter written to
me by the captains and commanders of die
squadron.
I fully concur with those gentlemen in
pinion, and shall belieVci it to be my duty to
comply with their request, so far as to per
mit the. officers complained of to return to
the United States, as soon as it can be done
without injury to the public service.
I have the honor to be, very respectfully
sir, your ob’t humble serv’t,
I. CIIAUNCEY.
lion. William Ci’owninshicltl# stc. navy.
Port Mahon, May 4, IHlt.
Sir#—We the undersigned .captains and
commanders serving in the squadron under
your orders, have heard with deep regret
that many of the lieutenants and other com
missioned officers belonging to the vessels
under our respective commands, have for*
unofficially informed, for the trial of both ; warded to the honorable: the Senate of the
but captain Perry remained in the exercise! United States, a memorial, which in our o-
>f the functions of his office, while captair
Heath was in close confinement. Of the pro
ceedings of this court your memorialists
know but little ; they have ere this, they
presume, been laid before the honorable se
cretary of the navy. But they know that
captain Perry has sailed far the U. States,
in command of the Java, with the sanction
of a court martial and that of the comman
der in chief to support his conduct.
The undersigned have now no guaranty
fir the Safety of their persons, but the use
of those arms which the laws of their coun
try have placed in their hands, and that per
sonal strength with which nature has bless
ed them. To those means they must resort,
and on them in future depend, unless the
honorable the Senate, to whom they look
with filial confidence as the guardians of
their rights, will by a timely interference
save them from the disagreeable alternative
of relinquishing a profession to which they
are enthusiastically attached, or becoming
pinion is calculated to excite disaffection and
insubordination in the navy, and bring into
•ontempt a service heretofore distinguished
for its reputation, order, and good govern
ment.
The undersigned wish to be distinctly un
derstood, that it is not against petitioning (he
legislature for a redress of real wrongs,
tiiat wc now protest, but against the manner#
time, and object of the memorialists, which
if truly represented to uS, is as follows >
They complain that they have been oppress
ed, and require that the 30th article of an
act for thu,better government of the navy#
should be revised and so amended as to de
signate particularly the punishment of offen
ders, and it is to be believed, that they even
go so far as to threaten that should their ima
ginary grievances not be redressed, they
will resort to their arms for protection. It is
also understood that the memorialists have
presumed to reflect oh the members of two
, court martials# composed of officers of long