Book AZ£/ DEFENCE RICHARD W. MEADE BEFORE THE COUET OF INQUIEY, CONVENED AT WASHINGTON CITY, IN PUESUANCK OF THE ACT OF CONGRESS ENTITLED "AN ACT TO AMEND AN ACT ENTITI.EU AN ACT TO PROMOTE THE EFFICIEVCY OF THE NAVY," APPROVED JANUARY 16, 1857. Presented and read Marcli 30, 1857. WASHINGTON 1857. DEFENCE. Mr. Fi'esident and Gentlemen of the Court : I entered the navy as a midsliipman in 1826. On the 20th Octo- ber, 1837, I was commissioned by the President of the United States, by and with the advice and consent of the Senate, a lieutenant in the navy. While "iibsent from the country, without any notification what- ever, I was dropped from the service by the action of the late naval board. The injustice of such a procedure I need not comment on. The public opinion of the country has been expressed so strongly, there is but little apprehension that such a procedure can ever again be repeated. The legislature of the nation, responding to the appeal of those who suffered from this tyrannous proceeding, has refused to regard its judgments as binding, and, by the act approved 16th Jan- uary, 1857, provided for the organization of a court of inquiry, by which the Secretary of the Navy was directed -to investigate the physical, mental, professional, and moral fi.tnes8 for the naval service of such officers who should appeal from the action of the late naval board. Under the act last quoted I claim now to be an officer in the navy with a judgment of dismissal against me, which judgment is sus- pended by the operation of the act, and awaits your action. You are to investigate my fitness for the service. If you find, from the facts produced in evidence, that I am so deficient in either of the qualifica- tions mentioned in the act as to justify my dismissal from the service, then the former judgment stands. If, on the contrary, the facts do not, in your judgment, justify it, then the former judgment is a mere nullity, and my rank and pay continue as if that judgment had never existed. These remarks show that I am not to be regarded as a volunteer or as one applying to be admitted into the navy, but as an officer of the navy, complaining of an arbitrary and unjust dismissal from the service by a board, whose judgment Congress has expressly refused to consider as final. I therefore respectfully submit, that the duty of this court is to de- cide from the facts, not whetlier the character of the applicant is such that they would select him for the service, but whether it is such, that, being in the service, they would turn him out. An officer deprived of reputation and the meaqs of livelihood by the action of the late naval board, is invited by Congress to seek redress before this court. Could there be a stronger case of adding insult to injury, than to treat such a one as a mere stranger ajjplying for ad- mission into the service? Such being, in my view, my rights under the act, when I aj)2)eared 3 before the court, I was entitled to have the grounds stated upon whicli the investigation was to be conducted. This was not done. The evi- dence shows that the means of doing it were in the possession of the Secretary of the Navy, upon whom, under the act, was imposed the duty of causing to be investigated my fitness. The failure to do this places the applicant under the most unfavorable circumstances. Against this mode of proceeding I am advised by my counsel to pro- test. I now enter upon an examination of the evidence to which the court has so patiently listened, and for which I return my sincere thanks. It is very voluminous, and much of it unessential, and never would have occupied the time of the court, if any point had been given to the examination by the adoption of the course which I have already sub- mitted the government was bound to adopt. To show that my unfitness for the service was such that the judg- ment of dismissal against me should stand, evidence has been produced, ■which may all be resolved into three heads. 1st. General reputation in the navy. 2d. Opinions of officers who have served with me as to my fitness. 3d. Facts showing me unfit under the several heads named in the act. GENERAL REPUTATION. In reference to the first head — general reputation — I am at a loss to understand how this court of inquiry which, by the act constituting it, is directed to be " governed by the laws and regulations which now govern courts of inquiry," can have its judgment in the pre- mises afft'cted by such evidence. The rules of evidence in courts of inquiry are the same as those which govern courts-martial, and, openino: the first treaties upon courts-martial at hand, I find it stated by De Hart, page 334 : "As the rules which govern courts-martial are the same as those obtaining in the criminal courts of the land, ifc is of essential importance that military men should well understand the general principle of the law of evidence." If I v/ere now on trial on the charge of professional unfitness before a court-martial, can there be any doubt that the charge of unfitness would have to be supported by the evidence of. /acfs.^ If the facts produced in evidence showed me to be unfit, would the court permit general reputation to be given to contradict them, and show me to be fit? Most certainly not; and, as general reputation could not, under such circumstances, be used as a shield for defence, it surely cannot be used as a sword of attack. The same observations are equally applicable to each of the other heads of inquiry; they are each substantive facts, capable of being established by the ordinary rules of evidence. If a man be either mentally, morally, professionally, or physically unfit to such an extent as to justify his dismissal from the service, his unfitness must liave evidenced itself by some acts of omission or commission; and then are so susceptible of direct and positive evidence, as to afford no ground for a resort to reputation. I am, therefore, advised by counsel to ob- ject to all siicli evidence as illegal, and to protest against its use as affecting tlie judgment of the court. I come now to examine what has been stated by the witnesses on thisliead, under the general inquiry as submitted in the formula of the judge advocate, which includes all the grounds mentioned in the act. It is as follows : Captain Mercer. — "As to his mental capacity, Iiis general reputation is, that he possessed a rather irregular mind, and a temper not under control, which seemed to lead him to commit acts of insubordination. As to his moral character, knows nothing against his reputation. His reputation for professional fitness is marred by this turbulent spirit and insubordinate disposition." Lieutenant Johnston. — "As regards his professional skill, I don't know I ever heard it spoken of. His moral character I never heard impeached. He has a general reputation for getting into difficulties with officers, but not on the score of insubordination. So far as I know, his difficulties were as apt to be with his inferiors as with his superiors." Commander Ckatard. — "The general reputation he has acquired is one of great enthusi- asm ; very ardent and very thorough in whatever he undertook, great bitterness towards his enemies, and great warmth for his friends. Does not think such a character unfitted him for his position." lAeutenant North. — -"His reputation was that of an officer of good mind, but insubor- dinate and quarrelsome." Lieutenant Wainicright. — "His general reputation is, that he is impetuous and quarrelsome. Never heard anything against his morality. His professional reputation is certainly not of a high order." Lieutenant Le Em/. — "He has the reputation of being impetuous and impulsive. Never heard his moral character impeached. Does not know what his professional reputation is." Lieutenant Crossan. — " His general reputation is not favorable." Oommodore Jones — " His general reputation in the navy is so contradictory, I cannot un- dertake to say what it is." Captain Buchanan. — "His general reputation was very bad — his mental, moral, and pro- fessional character included." These are all the witnesses who testified as to reputation. The same formula was also submitted to the following witnesses : Commander Ridgely. — "I do not know he had any general reputation in the navy." Commodore 3IcCaulcy, (a member of the board of fifteen.) — " Do not know he has any gen- eral reputation." Lieutenant Frailey. — " Would not say he had a general reputation. Have heard many officers speak againt-t him, and many in his favor." Commotfore J[w^/c/f. — " Has no knowledge of his general reputation. Has heard rumors which he does not regard as knowledge." Of all the witnesses who have been examined in this case, the for- mula was submitted to but thirteen of the number. Why the same question was not submitted to all of them, or on what principle the selection was made by the judge advocate, I do not know. Of the thirteen who were asked the question, eight testified I had a general reputation, and five that I had no general reputation to their knowl- edge. I presume I am authorized to say that my physical fitness is not questioned, as there is not a particle of evidence to invalidate it; and regarding mental and professional fitnes as one and the same thing, there remain two heads of inquiry to which to apply the rule of repu- tation : Ist. Moral fitness. 2d. Professional fitness. On the first head — Captain Mercer says : "I know of nothing to impeach his moral character." Lieutenant Johnston. — " His moral character I never heard impeached." ' Commander Chalard SY>eA\i^ of my enthusiasm of disposition; of my bitterness towards enemies, and my warmtli for my friends. And adds, that, in his opinion, this was no dis- qualification for an officer. Lieutenant WainwrigM says : " I never heard anything against his morality." Lieutenant LcRinj sa,ys : "I never heard his moral character impeached." Captain Buchanan says my general reputation is venj bad, in which he includes my moral character. Of these six witnesses who speak of my general reputation as to morals, tive of them never heard my moral character impeached, and but one testifies that my general reputation in that respect was bad ; to use his own language, ''very had." This witness is Captain Buchanan, a member of the late Naval Board, whose judgment in dropping me was most probably based upon his representations. I leave this head of inquiry with but a single re- mark, that the statement thus presented contains its own severest commentary. Applying the evidence of these witnesses to the second head, viz: my reputation as to professional fitness — 1. Captain Mercer says : It was marred by my " turbulent spirit and insubordinate dispo- sition." 2. Lieutenant North. — "His reputation was that of an olficer of good mind, but insubor- dinate .and quarrelsome." 3. Lieutenant Wainwright. — " His professional reputation is certainly not of a high order." 4. Lieutenant Crossan. — "His general reputation is not favorable." 5. Captain Buchanan. — " His professional reputation was very had." .These five witnesses are the only ones who speak of my professional reputation. The two first state the defect to be, a quarrelsome and insubordinate spirit. The third, " that it was not of a high order." The fourth, that my general reputation was not favorable; but spe- cifies no particular qualities in which it was deficient. The fifth says it was ''very had." This fifth witness is Captain Buchanan, a mem- ber of the late Naval Board. The court will thus perceive, that but a single witness of all those the judge advocate has chosen to interrogate upon this point speaks of my professional reputation as bad. The inquiry was as to general reputation; and though the character of the inquiry was explained, yet, from the very nature of the subject, it must be doubtful whether the witnesses fully understood the distinction between general reputa- tion and impressions made upon their minds by conversations with particular officers. If I had a general reputation for professional un- fitness — that is, a well-established character for unfitness — surely more than one of the whole number of witnesses examined could have been brought to say that it was bad. The failure in this particular leaves but one inference, and that is, while I may have been spoken of disparagingly by some officers so to justify the impression made on the mind of Captain Buchanan, they were officers whom it has been my misfortune to make enemies of. If I had a general reputation, it would have been generally known, and could have been generally tes- tified to by the witnesses. I conclude, therclbre, this first division, into which I have divided the evidence, by the observation, that reputation is not legal evidence; and if it wpje, there is a most signal failure to show either that it was 6 such to justify my dismissal from the service, or to prevent my ad- mission into it. OPINIONS OF THE OFFICERS. The second division of the evidence comes now to be considered ; that is, the opinions and judgment of officers who have served with me. The first cruise testified to was in the Brand.ywine, in the years 1826-'27, '28, and 29, under Commodore Jacob Jones. I served on board that vessel about six months, and then joined the Dolphin, Lieutenant Commanding Aulick. Having served on board of her six or seven months, I joined the Vincennes, Caplain Finch, after- wards Bolton. I remained on board of her for the cruise ; when the Brandywine being relieved, I was ordered home in her, and arrived in the latter part of 1829. The officers who served with me during these years testif}^ as follows : Captain Cunningham. — "Was a lieutenant on board of the Brandywine, at intervals be- tween 182G and 1829, and was also liuitenant on board of the Vincennes part of her cruise. Mr. Meade was on board of both ships. I remember him as a good watchman, at all times obedient to orders, and zealous in the discharge of his duties." To avoid again referring to the evidence of this witness, though out of the chronological order in which I propose to examine this division of the subject, I refer to his statement of my conduct and capacity in 1853-'54. Ihe witness says, "I was executive officer of the navy yard at Norfolk when he reported as commander of the Massachusetts. Mr. Meade, in the discharge of his official duties, was respectful, courteous, and subordinate, and in every tvaij qualified to command his ship. " His never seen 77iore zeal and a7meti/ mauifested by any officer than Mr. Meade manifested in the preparation of his ship. Lieutenant Wdliam Chandler. — "We were together on board the Brandywine a portion of our cruise in the Bacific, between 1826 and '29 ; again, in 1830 and '31, in the same ship in the Mediterranean. In 1832 we came home together in the Ontario. He discharged his duty as midshipman very efficiently and intelligently." In answer to the general interrogatory, he says: "'Mentally, morally, and physicaFsy, I can answer in the afhrmative. As to his professional fitness for the office he lield in 1855, I am unable to say, as we have not served together since. From his general intelligence and acquirements, and the experience he must have had from so long a service, I should Bay he was fit." Lieutenant M. F. Maury.— "Served together in the Brandywine in lS2C-'27 ; and again in the Vincennes in 1827-'28. Mr. Meade was tmexceptionahlc as an officer, and in his private deportment knows of no act that evinced a spirit of insubordination. Has had no op- portunity to judge of Ins fitness since that time. The next cruise testified to wai that in the St. Louis, Capts. Newell and McCauley. The witnesses are as follows : Captain Ncicell commanded the St. Louis in lS33-'34. At one time Mr. Meade was with him about four months as midshipman ; he was afterwards reattached to the ship, and served the balance of tlie cruise. As an officer he performed his duty on board to my eatisfaction. I had no complaint to make of him. Never witnessed any act tending to insubordination, and knows nothing to the contrary of his being morally and professionally qualified for the oflice he held in the navy in 1855. Commodore McCauley, a member of the board— "Mr. Meade served under my command in the sloop-of-war St. Louis, in the West Indies, duiing the years 1834-'35. While under my command he was perfectly r&pectful and suhm-dinate. I dont think I had ever occasion to find fault with him. I think 1 gave him a letter approving his conduct." Knows nothing professionallj' of him since. Captain Merrer. — "Ue first sailed with me in the St. Louis in 1833 ; afterwards he sailed with me in 1834-'35." The witness also testifies that he saw me at llio for 8 or 9 days, when witness was in command of the Savannah, and I commanded the Mas.=:achusetts.' Further, he says : "I have no personal hwwlcd'je of any act of insubordination. He was very attentive to his duty. While on board of tlie St. Louis there were great difficulties between Captain Newell and his officers, which' resulted in a court-martial ; Mr. Meade's conduct throughout was i)erfectly coriect ; he was not at all involved in those difficulties. Lieutenant Johnston. — Served with him in 1834.-'35. Knows of no act of insubordination, or anything to show his unfitness for his htation. My next service was in tiie Experiment in 1835. Lieutenant Porter testifies: "While on hoard the Experiment Mr. Meade discharged his duties as well as any officer on board of her." He then refers to the loss of her rudder, otf Little Egg harbor, during a heavy blow, in which he states my etliciency. Knows of no act tending to insubordination, and thinks "he (Meade) was mentally, morally, and physically tit for the office he held in 1855." In 1810-'41 I served on the Falt.n about sixteen months. The witnesses are as fol- lows : Covmander Chatard testifies : "I served Avith Mr. Meade i\\ the steamer Fulton. Meade was a watch othcer as a lieutenant ; he discharged his duties very well indeed ; his con- duct always proper and gentlemanly ; never witnessed any act of insubordination. When on duty I thought him tit for the otlice he then held, and I know of no fact since to im- pair that opinion." Cbwwftoftoe iV^cifton commanded the Fulton in '40-'41. "While under my command in '40-'41, his conduct was entirely correct and met with my approbation, both as an officer and a gentleman. I never have had occasion to change my opinion then formed. Lieutenant Sta7deij. — "Served with him in the Fulton in 1840, 1841 ; has known him off and on in various places, and lately while I was attached to the navy yard in California. He discharged his duties as an ofticer with the greatest propriety. Thinks he is highly qualified in every particular." My next tour of servive was in the navy yard at Washington, in 1842, as to which — Commander Boutwell testifies as follows : "He served with me about ten months at the Washington navy yard. He discharged his duties very well. His deportment was that of a gentleman, and never heard any complaint of him ; never witnes.sed any act of insubordi- nation. Knows nothing to the contrary of his fitness." I then served aboard the Erie, Lieutenants Commanding Manning and Duke, from December 18, 1842, to February 24, 1844. The only witness who testifies is — Lieutenant LeRor/, who says : " I served with him a few months aboard the Erie. From my own experience I found him to be a zealous and attentive officer." The witness is mis- taken in tlie period of our joint service, for the records of the department will show we served together on that vessel from December, 1842, to January, 1844. I was detached from the Erie by Commodore Dallas as bearer of despatches, and subsequently ordered to the Vincennes, which I joined April 2, 1844, and was detached August 7, 1844, being on board of her four montlis and five days. As to this tour of service, the witnesses testify as follows : Captain Franldin Buchanan. — "He served with me on board of the Vincennes part of 1844. He was disposed to be insubordinate and quarrelsome. I considered him a very inefficient officer." Lieutenant Waimcright. — "I served with Mr. Meade on board of the Vincennes in 1844 — imder a year ; we were both lieuttnants. I know nothing against the discharge of his duties properly as an oJJIcer ; as far as came under my observation his conduct as a man was cor- rect." Charles Gray, late passed midshipman. — " Was associated with Mr. Meade on duty on board the Vincennes about six months ; was master's mate of his watch. In the dis- charge of his duty as lieutenant and deck -officer, he manifested a knowledge of his pro- fession. His manner of doing his duty was always proper. Always considered the ship safe when under liis charge, and never knew of an act of insubordination." In 1847 I joined the Potomac, Captain Aulick. The officers who served with me, and now testify, are as follows : Commodore John II. Aulick. — " He served under me, in the Potomao, some six mouths as a deck officer. As such he did not always meet my approbation. He did not always execute my ordeis as I gave tliem to him. It may have been from not understanding me. Don't recollect any act of insubordination. I know nothing of his fitness except as deck officer. T do not speak positively of his fitness." 8 Lieutenant North. — " I served with him on board of the Potomac ; we were both lieuten- ants. He discharged his duty for the little time he was on duty very well. His conduct as a man was very good as far as I know. Knows of no act of insubordination." A. D. Ilarrell, late lieutenant. — "Served with him on the Potomac in 1847. I was master and lieutenant, always doing the duty of master. As far as C9,me under my ob- servation he discharged his duty as lieutenant efficiently. His conduct as a gentleman was irreproachable." Lieutenant Frailey. — ' ' Served with him in 1847 on board of the Potomac ; tliinks Mr. Meade joined immediately after the fixU of Vera Cruz. Knows of no act of insubordination or tendency to insubordination. So far as liis conduct came under my observation, I should say he was morally, mentally, and professionally fit for the service." In 1853 I took command of the steamer Massachusetts, and during that cruise, in the fulfilment of my duties as commander, I was compelled to suspend Lieutenant Burnet, the executive officer of the ship ; of course this led to great exacerbation of feeling, and to the presentation of charges, on his part, which I will have occasion to refer to on another occasion. In answer to the general interrogatory, he says: "Mr. Meade was morally and professionally unfit for the service." Lieutenant Crossan, the only other officer examined, who served under me, on board of the Massachusetts, at first lieutenant, says : "I served with him three months. He was pro- fessionally and personally qualified fur his position." This completes the catalogue of opinions of the officers who were on duty with me from the beginning to the end of my professional career. There were other occasions, however, in which the manner I dis- charged my duties enabled officers and others to form opinions as to my fitness. The first of these was when, in command of the Massa- chusetts, I was fitting her for service, at the navy yard at Norfolk. The witnesses are as follows : Surgeon Williamsm. — While at the Portsmouth station "his moral and mental fitness was equal to that of any officer who came under his observation, and his professional char- acter was quite equal to that of any officer." Naval Constructm- Ilartt "saw him in command from May until he sailed. He was zealous as any officer he had ever seen." Naval (hnstructor Delano " was brought in connexion with him from Jidy, 1853, to May, 1854." " He discharged his duties with fidelity, zeal, and judgment, and was very active." Captain R. B. Cunningham. — I refer to the evidence quoted under the first division of the evidence. (See p. 6.) The second occasion relates to my cruise while in the command of the Massachusetts. The officers who were brought in contact with me during that period testify as follows : Captain William F. Lynch ' ' had official communication with him while at Pvio nearly eoery day during his stay there. His conduct was creditable to him. Judging from all I saw, I thought him fit for the position he held." Commander Slerreit '■'■met \i\ih.\i.\m at Rio, Valparaiso, and San Francisco. I had ^ar- 16 leave an issue •which is dearer to me than life ; and I do so in the full confidence that if with unbiased minds you v;ill maturely weigh and examine the evidence and the commentaries contained in this defence, I shall have a speedv and safe deliverance. Most respectfully, R. W. MEADE. U. S. Ship Vincennes, ' *■ Havana, July 26, ISn. My Dear Sir : You will dcmbtless recollect that, on the occasion of the visit of the " Vincennes," ComiKixnder Buchanan, at Havana, the 4th May last, I had the plt\asnre to make ycxir acquaintance, and dined, together with my friend Lieutenant Ilooe, in com- pany with you and Dr. Barton. After dinner, and while we were still seated at the table, conversing with you and the other gentlemen present. Commander Buchanan entered the room and joined our party. Very soon afterwards I withdraw, and repaired on board the Vincennes, for purposes of duty. I had taken wine with you and Dr. Barton, by your invitations, having througliout the day tasted nothing until we met at dinner. Now, sir. Commander Buchanan tells me on the occasion referred to that "I was not dnmk, exactly, but very much excited, intoxicated." My object is to bespeak from you a state- ment, in writing, at your earliest pleasure, as our stay is uncertain here, whether you "observed anything in my tone and deportment indicating such excitement." I had just been one month xmder Conmander Buchanan's command, and had never sailed with or known him before, but by repute, on joining his ship ; so that, in forming such judgment, he had no previous personal knowledge of me to go upon. It is my earnest desire to go before the department to refute this unjust and mistaken accusation, which I feel confident exists only in Commander Buchanan's imagination, and not in any reality, and will, I trust plead a sufficient apology for troubling you witli this communication. It may not be improper to add, that Lieutenant Hooe was equally surprised with myself on learning that Commander Buchanan considered me " very much excited " whilst in your company, on the occasion above mentioned, and positively states that such was not the fact. I shall address Dr. Barton a letter of similar purport to this. I regret, most deeply, to find myself compelled to thus appear before you ; but the repu- tation ol an officer (generally all that he possesses) must at all tim.es be carefully__guarded, and the duty is a sacred one where that reputation has been unjustly assailed. I am, sir, very respectfully, R. W. MEADE, Lieut. U. S. Navy. Gen. C.MiiPBELL, U. S consul, Havana. I addressed a similar letter to Dr. Barton, and received from him the following reply. The answer of Gen, Campbell, in which he denied that 1 was in the situation charged by Commander Buchanan, has been mislaid. Havan.a., July 26, 1844. Dear Sir : I have an unusually distinct recollection of the occasion referred to in }'our note of yesterday, from some statements made by you of circumstances in which I felt a peculiar interc.-t; and I must acknowledge that I felt as much suiprisu at the accusation of your commander as you are at the imputation implied in his remark, that "you were not drunk exactly, but very much excited;" and, in answer to your request if I had *' observed anything in your tone and deportment indicating such excitement," I must very candidly confess that I saw nothing that induced me to believe that you were under the influence of artificial excitement, nor would the length of our acquaintance justify me in supposing there was the least departure from your ordinary manner. The incidents related being, in part, personal adventures, relating to your family and yourself, were well calculated to elicit excitement of manner which your commander may Lave at- tributed to another source ; but I have no recollection of their transcending, in the slightest degree, the frank manner of the sailor, or the polished tone of the gentleman. I remain, very respectfully, . E. H. BARTON. Lieut. EicnAEi) W. Meade, United States Ship Vincennes. «^bf^ ii^gi*^p^ ^jiiir'm ^<-