Answer. No. I did not. sword, but I do not recollect exactly at what period" There being no other witnesses to examine, in the case, captain Perry submitted to the consideration of the court, two letters, which are hereunto annexed, and which are copies from originals, together. with an address, which is also annexed. The court was then cleared, and the whole of the evidence read over by the judge advocate, and the following sentence pronounced. The witness ordered to withdraw. Captain John Heath, was duly sworn, states as follows: On the evening of the 16th September, while lying in the harbor of Messina, I was ordered below, by captain Perry, from the quarter deck of the ship without a knowledge of the cause; with these words or to this effect, you may go below sir, I have no further use for your services on board this ship." I remained below, for two days, tinder feelings the most mortifying. At length being no longer able to bear the indignity which I conceived attached to the manner of sending me below, I resolved to apply immediately to captain Perry, for Sentence. The court having maturely weighed arrest and charges, as I felt anxious to know the and considered the whole matter, are of opinion, that cause of my suspension from duty. With this view the prisoner is guilty, in part, of the first charge and I addressed captain Perry, as I thought a respectful specification, in that he used improper language. letter, on the evening of the 18th September, re- The court also find the prisoner guilty, in part, of questing my arrest and charges, at the same time the second charge and specification, in that he did The court doth, therefore, stating my ignorance of the cause of his treatment strike captain Heath. to me. Captain Perry received my letter on the from all the circumstances of the case, and in consame evening, I think, about 11 o'clock. After his sideration of the honorable overtures made to capt. return on board, he sent for me in the cabin, and on Heath, for a reconciliation, only adjudge the pri approaching him, I was received in a manner I did soner to receive a private reprimand, from the comnot expect his language was rarsh and irritating, mander in chief, and he is hereby sentenced accord.. giving me an angry look, and in an angry tone of ingly. The court adjourned sine die. voice, said, how dare you to write me this insolent Tetter.. (Signed).. JOHN SHAW, President. JN. ORDE CREIGHTON, ROBERT S. KEARNEY, J. A. United States' Ship Washington, I. CHAUNCEY, United States' Ship Java, Respectfully, your obedient servants, I was much surprised at captain Perry's manner, as I was unconscious of having offended him; I replied, as nearly as I recollect, that, I was sorry that he should construe the letter into disrespect or insolence, as none was intended, that it was merely a request for my arrest and charges Captain Perry then said, "you damned rascal you have insulted me, it was not my intention to have arrested you, but I will now work you for it," or words to that effect; I immediately replied, captain Perry you must recollect I have the feelings of a gentleman-hold a commission as well as yourself, and will have reSIR--In order to prevent all mistakes, we have dress for this language. Captain Perry observed, that I had not acted like a gentleman. I replied, thought it adviseable to repeat to you in writing the "very well sir" Says he, do you know to whom prompt and voluntary proposal of captain Perry, you are speaking; my reply was, yes sir, I am speak-that he regrets he should have been so much excited ing to captain Perry. Captain Perry then continued as to offer you personal violence, and that he will his abusive language, the precise words I do not re- make you an honorable and personal apology, such collect, except those of rascal and scoundrel, which as will be proper for you to receive and him to make. For the above reasons we request your answer inwere repeated; I replied, "very well sir," and was preparing to leave the cabin, when he said, stop sir, writing. you shan't go yet, you have insulted me in my cabin, and I have a great mind to put you in irons. Being unused to such language, and not in a situation to have immediate redress, and finding captain Perry became more and more irritated, and apprehensive of the consequences, I made another effort to withdraw; he, however, ordered me to remain, and called for lieutenant Howle, of marines. Cap. tain Perry and myself were at this time in the forward cabin; lieutenant Howle entered, and captain Perry turned towards him, and said, I have arrested this man, (alluding to me,) you will take charge of him, he has not only dared to write me an insolent letter, but has also insulted me, in my cabin, and I have a great mind to put him in irons. I replied, "very well sir." Captain Perry now advanced to wards me, and, to the best of my recollection, with his fist clenched, saying, "if you repeat those words again, I will knock you down;" seeing captain Perry advancing towards me, in this manner, I immediately replied, captain Perry don't strike me; I think it was nearly at the same instant, I received a blow from him; I drew back to defend myself, and lieutenant Howle rushed in between us. During the time I was in the cabin, captain Perry called for his Capt. John Heath, Marine Corps. (Copy.) United States' Ship Javti, Tunis Bay, SIR-I am under the painful necessity of inform- -- ing you of a circumstance, and of detailing to you, the causes which led to an event of a very unpleasant nature. The apparent violation of the laws of my coun try, which may be imputed to me in my having of fered personal violence to the captain of the marine guard of this ship, trust will be in a great measure extenuated by the consideration that, although I de not absolutely defend this mode of redress, yet I insist the consequences were produced by a sufficient provocation, The general deportment of captain Heath towards me, so contrary to the usual address of my officers, and moreover, his marked insolence to me in many instances, induced me to believe, that his conduct proceeded from a premeditated determination to insult me on every occasion. His palpable neglect of duty on several important emergencies, together with the usual indolence and inattention to the calls of his office, made it a desirable object with me to solicit his removal the first convenient opportunity, not only to obtain a more active and vigilant officer, but to save him the rigorous severity of a court martial. I will now, sir, narrate to you, the circumstances which have thus co npelled me to address you. affair, but confine myself, to the request, that you will be pleased to order a court of inquiry or court martial, as you may see fit, to examine into the causes which led to this seeming infraction of the laws of the navy. (Signed) Your obedient servant, O. H. PERRY. To Isaac Chauncey, Esq. commodore Gentlemen of the Court After eighteen years of important and arduous services in the cause of my country, it can hardly be imagined that I have any disposition to infringe that discipline which is the pride and ornament of On the evening of the 16th of September last, the navy; and to prevent any intention being falsely while this ship lay at anchor in the harbour of Mes-ascribed to me, I beg you will give immediate at sina, two of her marines deserted, by jumping over- tention to this request, that the navy, as well as my board and swimming on shore. Informed of the fact country, shall be satisfied of the integrity of my captain Heath, as their commanding officer, was motives. immediately sent for and acquainted therewith, but I have the honour to be, Sir, he refused to go on deck, alleging as a reason thereVery respectfully, for, the subterfuge of indisposition. I then repeated the order for him to come on deck, and muster the marines. This duty he executed in so careless and indifferent a manner, and at the same time neglecting to report to me until called by me, and requested so to do, that (conscious that such an occasion ought to animate the most careless and inattentive officer, to decision and promptitude,) I was induced MR. PRESIDENT, from such a manifest neglect of duty, to say to him, "that he might go below, and should do no more duty I shall confine myself to a few brief remarks on on board the Java." the subject which has brought me before this honorOn the evening of the 18th September, he address-able court, begging leave to refer them to my letter ed to me a letter, written by himself, which he to the commodore in chief, requesting this court caused to be laid on the table in the cabin, and martial for a detail of circumstances, trusting, that which I received at a very late hour. This letter a character gained in a long and honorable service being couched in language which I deemed indeco- is safe in the possession of gentlemen of your rank rous and disrespectful, I sent for him and demanded and professional respectability. why he thus addressed me, and particularly why he had selected a time so obviously improper. He immediately assumed a manner so highly irritating and contemptuous, that I believed it my duty to arrest him, (after having expressed to him my indignation at such conduct) and for this purpose sent for the 2d. marine officer, at the same time ordering him to be silent. In utter disregard of this order, though repeatedly warned of the consequences of his disobedience, he persevered in the same irritating tone and manner, until at length, after reiterating attempts to effect his silence, I gave him a blow. Frequent outrage added to frequent insult, provoked this disagreeable consequence. I am deprived of a most important witness in my favour by the absence of Mr. Anderson, who was present at the commencement of this affair: (the time the conduct of the prosecutor was most offensive:) it is my good fortune, however, that several of the members of this court have frequently heard him express his opinion of the provoking and insulting conduct of capt. Heath, particularly on his entrance into my cabin; this cannot fail to have its weight on the minds of the court, as from the peculiar situation of a captain, (and such was mine) he may be insulted when alone in his cabin, while his prosecutor shall have the advantage of corporals and privates stationed at his door, to distort and mangle circumstanMortified, that I should so far forget myself, as to ces and language imperfectly seen or heard. Al raise my arm against any officer holding a commis- though I had been so highly insulted by captain gion in the service of the United States, however Heath, not only on this occasion, but on others, yet improper his conduct might have been, and however as I had raised my hand against him while holding just the cause, I immediately, in conformity to this a commission, I immediately from that consideration, principle, offered to make such an apology as should offered him prompt and honorable atonement, as be proper for both: this proposal was refused, which will appear by the paper signed by capt. Crane precluded the necessity of any further overtures.- and lieutenant Macpherson, which they deemed sufThe offer was consonant to the views of some of the ficient, and earnestly recommended to his accepmost distinguished officers of the squadron, after tance, but notwithstanding, this officer had before their being made fully acquainted with every parti-suffered a blow, and for which he was content to çular. receive moderate satisfaction, yet this was too faFrom my having been educated in the strictest vourable an opportunity to give his commander (who discipline of the navy, in which, respect and obedi-had so frequently overlooked his offences) trouble, ence to a superior was instilled into my mind as a to let pass. I must appeal to the knowledge the fundamental and leading principle; and from a natu- president and members of this respectable court ral disposition to chastise insolence and imperti- have of my general character for a refutation of rence, immediately when offered me, even in private these charges, and I ask if it is possible that I could life, must be inferred the burst of indignant feel-in mere wantonness, commit an act of violence. ing, which prompted me to inflict personal satisfac- No, gentlemen, it was the outrageous conduct of this tion on an officer who thus daringly outraged the officer that produced the consequences that resulted. vital interests of the service in my own person. I will therefore leave my case in your hands, with I have thus gone through this unpleasant recital perfect confidence in your justice and liberal conwith as much candor and conciseness as possible.struction of the delicate situation in which I am, I might indeed detail to you other acts of delin- and was then placed, with one more remark, viz. quency in this officer, but I will not further weary the evident contradiction of the testimony and a you with the circumstances of this unfortunate misrepresentation of a part thereof. NEW SERIES. No. 26-VOL. I.] BALTIMORE, FEB. 21, 1818. [No. 26-VOL. XIII. WHOLE No. 338. THE PAST-THE PRESENT FOR THE FUTURE. PRINTED AND PUBLISHED BỶ H. MILES, AT $5 PER ANNUM, PAYABLE IN ADVANCE. The close of the Volume. The 13th volume, or 1st of the new series of the WEEKLY REGISTER, is herewith closed. The title and index for it may be expected with the first number of the next volume. The indispensable obligation to conclude the proceedings on the cases of captains Perry and Heath, and to get into the number other articles that belonged to the period of the volume, leaves us no room for any thing of our own, except to assure our readers that we close it under a grateful sense of the unparalleled The mem objection to the members of the court. frigate Java, against captain John Heath, command ing the guard of marines attached to said ship. Charge 1st. Disrespectful, insolent, and contemptuous conduct to me, his superior officer. Specification 1st. That he did, on or about the 22d of July, 1816, on board the U. States [frigate] Java, then standing into the bay of Naples, on 1 increase of support which this work has terea askappesme "why a certain marine was sufceived within the last six months, and to ex-dress?" reply to me in an insolefilth.and dirty a press our determination to enter upon the new and contemptuous manner. volume with the best endeavors to deserve its Specification 2d. That he did, late in the evencontinuance and in which, so far as ability ing of the 18th of September, 1816, on board the is afforded, several subjects of great import- United States ship Java, then at an anchor in the ance are intended to be treated on-especi-self, and couched in language highly improper to harbor of Messina, cause a letter written by himally the demoralizing and pernicious business be used towards his commanding officer, to be of banking; which we seriously believe is the left on my table in the cabin of said ship. Pandora's box that is to fill the republic with Specification 3d. That he did when sent for into all sorts of moral and political diseases. the said cabin, on being asked why he took such a At this proper period for it, the editor en-time to write me a letter of that kind, assume a deportment towards me highly provoking and distreats his distant subscribers carefully to ex- respectful. The aforesaid charge and specificaamine how matters stand between him and tions being in violation of a part of the 15th arti them---and that, if any thing should be due, it cle and a part of the 13th article of rules and remay be immediately remitted by mail, at the gulations for the better government of the navy of editor's cost and risk, if the subscriber pleases the United States. so to send it. Regularity of payment is the "es- Charge 2d. Neglect of duty and unofficerlike sential oil" that keeps the press running, and conduct. the only way in which its independence and of the 16th of September, 1816, on board the Unit Specification 1st. That on or about the evening usefulness can be preserved; it is the grand ed States' ship Java, then at anchor in the harbor excitement of industry, and stimulus to libe- of Messina, he, the said captain John Heath, did, rality-and enables an editor to disregard on two marines jumping overboard to swim from any reasonable expense in furnishing accepta- the ship, neglect to come on deck, although called ble matter to his customers. and informed of this circumstance, alleging as a reason therefor the subterfuge of his being sick. Specification 2d. That he did when ordered by Minutes of the proceedings of a general court martial me at said time and place to come on deck and assembled and held on board the United States' fri-muster the marines, execute that duty in a caregate Java, in the harbor of Port Mahon, upon the less and indifferent manner, and when the marines 31st day of December, 1816, and held every day were mustered, did neglect to report to me until afterwards (Sunday excepted) until the 9th day called and directed so to do. of January, 1817, inclusive. PRESENT. Specification 3d. That he did neglect, on the desertion of said marines from the ship, to take Captain John Shaw, president. William M. those immediate steps for their recovery, that Crane, John O. Creighton, John Downes, Major become him as commanding officer of the detachJohn Hall, (marine corps) Captain George W. Rodgers, Thomas Gamble, H. B. Breckenridge, M. C. William Hall, M. C. Doctor R. S. Kearney, judge advocate. All persons admitted, read the order of Isaac Chauncey, esq. commodore and commander in chief of the naval forces of the United States in the Mediterranean sea, dated the 30th day of December, 1816, directed to captain John Shaw, at Port Mahon, for the trial of such prisoners as shall be brought before them. Capt. John Heath, of the marine corps, appear d in court, and being asked, declared he had no VOL. XII.- -29. ment to which they belonged, and were required by the urgency of the case. This charge and specification being in violation of a part of the 20th article and the 28th article of rules and regulations for the better government of the navy of the United States. Charge 3d Disobedience of orders. Specification. That he did, at the time and place referred to in the 3d specification of the 1st charge, though repeatedly ordered to be silent, continue to speak, although warned of the consequences, and in the same indecorous and contemptuous manner as therein alleged, thereby violating a part of the 14th article of rules and regulations for the better government of the navy of the United States. (Signed) O. H. PERRY. U. States' ship Java, Algiers Bay, 14th Oct. 1816. Captain Heath being desired to plead to the foregoing charges, pleaded "not guilty:" where upon the court proceeded to trial. Witness questioned by the prisoner. Question. Have you not frequently told me that you did not believe I intended any disrespect to captain Perry that day? Answer. I recollect on going into the ward room to have made some remark which led to the subject. You protested solemnly that it was not your The following witnesses were duly sworn on the intention to offer any disrespect to captain Perry: part of the prosecution, to wit, lieut. Joseph Mac-I then said I believed you did not, and added that pherson, licut, Edward R. McCall, and lieut. Park I thought you shewed too much dignity on the ocG. Howle, all of the frigate Java. The two latter casion. I have had frequent conversations with witnesses were directed to withdraw, and the court captain Heath, and he has always made the same proceeded to the examination of lieut. Macpherson, protestations, which I was bound to believe. who states as follows: I recollect, on standing into the Bay of Naples, captain Perry sent or called to captain Heath, and spoke about a marine who was on deck very dirty. Captain Heath replied the marines were in want of clothing, or they had no clothes. Witness questioned by the court. Question. Was captain Heath's reply to captain Perry, when he asked thespectful and insoTent, or otherwise unbecoming? Answer. His manner of reply to captain, Perry was, I thought, very disrespectful. Question. What did captain Heath say; will you describe his manner? Answer: When he came up to captain Perry he had his hands in his pockets and his hat a little on one side of his head, with a swagger. It was this circumstance which attracted my notice. I heard him make some remark about the marine clothing, but do not distinctly recollect what it was. Question. What notice did captain Perry take of captain Heath's conduct at the time, and did he appear to feel it as an indignity? Answer. Captain Perry told captain Heath if he did [not] take better care of the marines he should get somebody that would. Captain Perry then leant over the hammock cloths, evidently to restrain the feelings excited by captain Heath's man. ner. Question. Is not captain Heath in the habit of wearing his hat on one side and his hands in his pockets? Answer. I should say that he was in the habit of wearing his hat a little on one side, as well as my recollection serves me. I cannot say that I have observed that he has the habit of carrying his hands in his pockets. Question. Is it usual for captain Heath when ad dressing captain Perry on duty, to keep his hands in his pockets? Answer. No, I never saw it. The witness states in relation to the second specification of the first charge, that he knows nothing in relation thereto; his information being altogether hearsay. His knowledge of the third specification is also derived entirely from hearsay.. This witness knows nothing in relation to the second and third charges and specifications. The witness questioned by the prosecutor. Question. Lieutenant M'Pherson has stated that I told captain Heath that if he did not pay more attention to the marines, I would get somebody else that would. Had not captain Heath previously said to me, that if the marines were dirty he could not help it? Answer. I recollect that captain Heath used that reply to captain Perry. Question. Was the marine, although in worn out cloths, clean in compliance with the orders that had been issued? Answer. No. Question. Did you never tell me that you thought at times there was something unpleasant in my manners, and have I not as often repeated that if so I was unconscious of it and regretted it extremely? that bie manne Answer. Yes, I have made that observation to captain Heath, and he has often remarked that he regestion. Have I not frequently expressed to you that nothing was further from my intention than treating captain Perry with disrespect? Answer. I have heard captain Heath say so. Question. Have you not frequently heard me say that I used every exertion to please captain Perry in the discharge of my duty? Answer. I have heard captain Heath say that there was no man in the navy he would sooner please than captain Perry; that he regretted exceedingly what had happened. I heard him say so since his arrest. Captain Heath has always spoken in favor of captain Perry as have all the officers of the ship. The witness withdrew. Lieutenant M'Call of the Java, states as follows: He knows nothing in relation to the first charge; states in relation to the second, it was reported to me that two marines had jumped overboard. I sent down to captain Heath to come on deck; he sent me word he was unwell, and requested me to call on lieutenant Howle. I heard lieutenant Howle engaged in turning out the marines to muster them. After relieving lieutenant Turner, who went in a boat in pursuit of the deserters, I sent down to inform captain Perry of the circumstance. When he came on deck he asked for the commanding marine officer. I then sent down for captain Heath in captain Perry's name. Captain Heath then came on deck. I heard him hurrying the sergeant, who might have been rather slow in executing his duty. Captain Perry then called captain Heath to him.Their conversation was so low that I overheard nothing. Witness questioned by the court. Question. Did captain Heath neglect his duty, and was his conduct unofficerlike? Answer. I cannot say with certainty whether he did or did not. Question. At what time in the evening did this occurrence take place? Answer. About eight or half past eight. Question. Did captain Heath do his utmost to recover the men, or make any exertions to effect i Answer. I believe he made none. Question. Do you know whether captain Heath was on the sick list at the time the men deserted? Answer. I do not know: he came from shore, said he was unwell, and turned in. Question. Had captain Heath been absent from the ship that day, and did you know of his being indisposed? Answer. He had been absent from the ship. I did not know that he was unwell until he mention-marines, I sent him below to the sergeant to hurry ed it. the marines on deck for a muster. Captain Perry appeared on deck and inquired where capt. Heath was.. I told him he was below and unwell. He inquired what the matter was. I replied I could not inform him. I went on the birth deck, and with the assistance of the sergeant, got all the marines Question. How often had capt. Heath been called, and how long was it before he appeared on deck? Answer. Only twice to my knowledge. I suppose it was from ten to fifteen minutes before he appear ed on deck. Question. Do you know the nature of his indis-on deck. When I returned this time, I found cap, position? Answer. No. Question. Did it appear to you that captain Heath, from indisposition, was unable to attend to his duty earlier? Answer. I think he might have got up sooner. Question. Has captain Heath generally paid proper attention to the marines under his command? Answer. I believe he has. tain Heath was on deck in conversation with cap. tain Perry. All I heard captain Perry say was, "go, sir, and muster the men, and report to me who are absent." While captain Heath was mustering the men, captain Perry asked him, "if he meant to be all night about it." As soon as captain Heath found out who the absent men were, he reported them. After captain Heath had reported to captain Perry, he looked at him for some time, and said, "go below, sir, I have no further use for Question. Did captain Heath receive an order to pursue the men, and was there a boat at his dispo-your services." sal for the purpose? Answer. There were boats for the purpose; but I do not know that captain Heath received such an order. The prosecutor declined asking the witness any question. Witness questioned by the prisoner. I You have stated to the court, that you believe made no exertions to recover the marines who had jumped overboard. After I had ascertained who were absent, what exertions do you suppose could have been made on my part to recover them without orders from my commanding officer? Answer. I presume you could have made none without orders from captain Perry. Lieutenant Howle, of marines, examined. Knows nothing in relation to the 1st specification of the 1st charge. States in relation to the 2nd specifi cation, that when he was called into the cabin, be was shown by captain Perry the letter referred to; that be is not competent to decide on its merits; presumes it will be laid before the court, who will be better able to judge. The witness was not pre sent at the time referred to in the 3d specification of the 1st charge. Question. By the court Do you know whether the conduct of captain Heach was highly disrespectful and provoking towards captain Perry? Answer. I do not. Question. By the court Do you know that captain Heath was indisposed? Answer. I only know it from his coming on board earlier than usual, and his saying so. Question. How long was it after you told captain Perry that captain. Heath epmplained of being un. well before he appeared on deck? Answer. In a few minutes; in a very short time, for a man who was in bed and had to dress himself. Question. Was the conduct of captain Heath prompt and active on this occasion, or otherwise? Answer. He turned out, I suppose, as soon as he could, and he hurried the sergeants in their duty, Question. Did captain Heath make any efforts to muster the marines and ascertain who was absent before captain Perry directed him to do so? Answer. The marines were got on deck nearly as soon as captain Heath got there. He was in conversation with captain Perry when I came up. Question. Did captain Heath make those exertions that the occasion called for? Answer. As far as was in his power, I suppose, he did. There was no delay in getting the marines on deck. I had them on deck as soon as captain Heath got there. Question. Was captain Heath so much indispos. ed, as, in your opinion, to be incapable of attending to his duty? Answer. It might have been an inconvenience to him to attend to duty, notwithstanding he did so. Question. You have stated that captain Heath, ate supper after he came on board, did he eat hear tily? Answer, I did not observe what he ate. Question. Did captain Heath report his case to the surgeon? Answer. I do not know. I do not know whether he was on board. The witness states, in relation to the third charge, that when he entered the cabin captain Perry said to him, "sir, I have arrested this man; he has not only dared to write me an insuiting letter, but he has insulted me in my cabin." The only words 1 heard from captain Heath, were about, feelings. Captain Perry ordered him to keep si. lence, or he would put him in irons. Captain Heath said very well. Captain Perry then told him if he repeated those words again he would knock him On the 16th of September, captain Heath went down. Captain Heath again replied very well; upon shore and returned on board in the evening; he on which captain Perry struck him. He then or complained of being unweil, and after some short) dered me to take him out and put him in irons. I time retired to his state room. Lieutenant For- conducted captain Heath out of the cabin, return. rest, who was on deck, sent below to inform me, ed and asked captain Perry if I should put him in that two marines had jumped overboard from the irons. He told me to confine him to bis rooth and ship. I hastened on deck, and meeting one of the¦ put a sentry over him. The witness states, in relation to the second charge, as follows: |