United States vs. Acting Master's Mate Charles S. Livingstone, USS Richmond

Proceedings of a General Court Martial convened on board the U. S. Steam Sloop 'Hartford' off New Orleans, Louisiana, by order of Rear Admiral D. G. Farragut

Saturday, December 13th, 1862
10 A.M.

The Court met pursuant to adjournment
Present:
Captain James L. Palmer
Captain M. Smith
Commander James Alden
Lieutenant Commander R. B. Lowry
Lieutenant Commander L. A. Kimberly
Lieutenant Commander A. B. Cummings
Lieutenant George H. Perkins and
E. C. Gabaudan, the Judge Advocate.

Acting Master's Mate Charles S. Livingstone, the accused, was also present.

The Judge Advocate read the Order (copy marked "A" annexed to this record) convening the Court and asked the Accused Acting Master's Mate Charles L. Livingstone if he objected to any member named therein, to which he replied that He did not object to any.

The Judge Advocate was duly sworn by the Presiding Officer and the Court was duly sworn by the Judge Advocate, in the presence of the Accused.

The Accused was then asked if he desired to employ Counsel, to which he replied that he did not.

The Charge (marked "B", appended to this record) were read aloud by the Judge Advocate.

Judge Advocate: Mr. Livingstone, you have heard the charges preferred against you, how say you "Guilty" or "Not Guilty".

The accused, Acting Master's Mate Charles S. Livingstone plead "Guilty" and presented his final defense (marked C) appended to this Record.

The Court was cleared for deliberation and having maturely considered the charge and the defense of the Accused, do find the Accused Acting Master's Mate Charles L. Livingstone, U.S. Navy

Of the Specification - Proven by plea
Of the Charge - Guilty by plea

The Court do therefor sentence the Accused Acting Master's Mate Charles S. Livingstone, U.S. Navy: 'To be dismissed from the Service of the United States'

James S. Palmer
Captain

Melancton Smith
Captain

James Alden
Commander

R. B. Lowrey
Lt. Comdr

L. A. Kimberly
Lt. Comdr

A. B. Cummings
Lt. Comdr

G. W. Perkins
Lieut.

E. C. Gabaudan
Judge Advocate

Approved and forwarded for the approval of the Secretary
D. G. Farragut
Rear Admiral

At 11:15, there being no further business before the Court the request (marked D) appended to this Record was sent to the authority convening the Court. At 11:25 the communication (marked E) annexed to this record was received and the Court in accordance therewith adjourned sine die.

James S. Palmer
Captain

E. C. Gabaudan
Judge Advocate

"A"

Flag Ship Hartford
New Orleans, December 10, 1862

By virtue of authority vested in me by the President of the United States in accordance with Article 11 of the Act of Congress "for better government of the Navy of the United States" approved July 17th, 1862, a Naval General Court Martial here hereby ordered to convene on ten o'clock A.M. on board the U.S. Ship 'Hartford' on the 11th day of December 1862, or as soon thereafter as practicable for the trial of Acting Master Edmund G. Weeks and of such other persons as may legally brought before it.

The Court will be composed of the following Officers, any five of whom are empowered to act. viz:

Captain James S. Palmer Captain Mel. Smith
Commander James Alden
Lieutenant Commander R. B. Lowry
Lieutenant Commander L. A. Kimberly
Lieutenant Commander A. B. Cummings
Lieutentant George H. Perkins
and E. C. Gabaudan is hereby appointed Judge Advocate.

D. G. Farragut
Rear Admiral
Commanding W. G. Blg. Squadron

"B"

Charge and Specification of CHarge preferred by Rear Admiral D. G. Farragut against Chas. S. Livingstone, Acting Master's Mate, attached to the U.S. Steam Sloop 'Richmond'

Charge: Being absent after his leave had expired

Specification: In this that the said Charles L. Livingstone, Acting Master's Mate he did on or about the eighth day of December, eighteen hundred and sixty two, obtain permission from the Executive Officer, Lieut. Comd'r A. B. Cummings of the said 'Richmond' to go on shore at New Orleans to return the next morning (the ninth), and remained out of his ship until the eleventh day of December, eighteen hundred and sixty-two, when he returned on board after having met a Sergent of Marines from said 'Richmond' who informed him said Chas. L. Livingstone Acting Master's Mate, that he (the Sergent) had been sent to apprehend him.

D. G. Farragut
Rear Admiral

Witnesses
Lieut. Comd'r A. B. Cummings
Actg' Master F. G. Hill
Sergeant Varney, U.S.M. Corps

Flag Ship Hartford
New Orleans, December 12 1862

"C"

U.S. Ship Richmond
New Orleans
13th Dec 1862

I, Charles S. Livingstone, Acting Master's Mate, attached to the U.S. Ship Richmond, having plead guilty to the charge preferred against me would most respectfully place myself at the mercy of the Court, having full confidence in their modesty and ideals of Justice, and I most respectfully represent that the offense was committed in a moment of thoughtlessness, which I do sincerely regret.

Charles S. Livingstone
Acting Master's Mate

"D"

Flag Ship Hartford
New Orleans, December 13, 1862

Sir
The General Court Martial convened by your order having finished all the cases which have been brought before it, respectfully request your permission to adjourn sine die.

Very Respectfully
Your Obedient Servant
James S. Palmer
Captain

Rear Admiral
David G. Farragut
Commanding West Gulf Blockading Squadron

"E"

Flag Ship Hartford
New Orleans, December 13 1862

Sir
Your communication of today has been received and in accordance with the request therein contained the Court is hereby adjourned.

Very Respectfully
Your Obedient Servant
D. G. Farragut
Rear Admiral
Comdg W.G. Blg. Squadron

Captain
James S. Palmer
Senior Member General Court Martial

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