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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