United States vs. Acting Master's Mate Oscar E. Peck, USS Tennessee

Oscar E. Peck was awarded the Medal of Honor for his actions as a fourteen year old 2nd Class Boy on the USS Varuna at the Battle of Forts Jackson and Saint Phillip on 23-24 April 1862. He was promoted to Acting Master's Mate effective 30 July 1862 for gallantry.

Due to Peck's age, Commodore Bell recommended that he be just dismissed from the Navy instead of serving his full sentence in the "brig" a.k.a. the Marine Barracks at the Pensacola Navy Yard, which was made effective 7 December 1863. The minimal time in the brig was quite fortunate for Peck, since there was a yellow fever outbreak ravaging the yard at the time whose fatality rate was high enough that the CO of Naval Hospital Pensacola blew off filling out death certificates for the victims.

USS Portsmouth
October 22, 1863, 10.30 AM

The Court met pursuant to adjournment.

Present
L. C. Satori, Commander, US Navy
Melanchton B. Woolsey, Commander, US Navy
James Stewell, Lieut. Commander, US Navy
Chester Hatfield, Lieut. Commander, US Navy
George H. Perkins, Lieut. Commander, US Navy
G. R. Graham, Captain, US Marine Corps
W. H. Hale, 1st Lieut, US Marine Corps
A. A. Paymaster C. L. Burnett, Judge Advocate

Having concluded the case of 1st Lieut. E. B. Sturgeon US Marine Corps, on yesterday, the Court took up the case of Acting Master's Mate Oscar E. Peck, US Navy.

Proceedings of a Naval General Court Martial, convened on board the USS Portsmouth, off New Orleans, on the 22d day of October 1863, pursuant to an order, attached to proceedings of this court in the case of 2d Lieut. E. B. Sturgeon, US Marines Corps, a copy of which is hereto annexed marked A.

The accused Acting Master's Mate Oscar E. Peck, US Navy, was brought in. The order convening the Court was then read and the accused was asked if he had any objection to any member of the Court to which he answered that he had none.

The Judge Advocate was then duly sworn by the President of the Court and the Court was afterwards duly sworn by the Judge Advocate in the presence of the accused.

The accused was then asked if he desired counsel and if he was ready for trial, to which he answered that he did not wish for counsel and that he was ready for trial.

The charges and specifications was then read aloud to the prisoner by the Judge Advocate and the accused was asked whether he pleaded guilty or not guilty. The prisoner pleaded guilty of both charges and specifications.

The charge and specifications are hereto annexed marked B.

The Court was then cleared for deliberation.

The Court having carefully considered the case as presented, do find the accused, Acting Master's Mate Oscar E. Peck, US Navy, as follows:

Of the 2nd Specification of 1st Charge: Proven by plea
Of the 1st Specification of 1st Charge: Proven by plea
Of the 1st Charge: Guilty by plea
Of the Specification of the 2nd Charge: Proven by plea
Of the 2nd Charge: Guilty by plea

And the Court do therefore sentence the said Acting Master's Mate Oscar E. Peck, US Navy, to be confined at Ship Island or Pensacola (at the discretion of the commander in chief of the West Gulf Blockading Squadron) for the period of two months, without pay, and that he be dismissed from the United States Navy at the expiration of that period.

L. C. Satori, Commander, US Navy
Melanchton B. Woolsey, Commander, US Navy
James Stewell, Lieut. Commander, US Navy
Chester Hatfield, Lieut. Commander, US Navy
George H. Perkins, Lieut. Commander, US Navy
G. R. Graham, Captain, US Marine Corps
W. H. Hale, 1st Lieut, US Marine Corps
A. A. Paymaster C. L. Burnett, Judge Advocate

USS Portsmouth
October 22d, 1863

The Court having concluded the case of Private Joseph Whitcomb, US Marine Corps, took up the case of Acting Master's Mate Oscar E. Peck, for reconsideration upon the annexed letter marked D from the Commander in Chief and defines its sentence int hat case in regard to confinement at Ship Island, as meaning that the accused Acting Master's Mate Oscar E. Peck be confined as a prisoner at large under the same regulations as are the prisoners sent there by the military and other authorities at New Orleans.

Should the Commander in Chief deem it more appropriate to send the accused to Pensacola as mentioned in the sentence, the Court would state its writing in regard to confinement at Pensacola, to be confinement in the prison at the Pensacola Navy Yard.

USS Portsmouth off New Orleans
October 24, 1863

The sentence of the Court is hereby confirmed and Acting Master's Mate Oscar E. Peck will be confined under guard in the Marine Barracks, Navy Yard Pensacola.

H. H. Bell
Commodore
Commanding W. G. B. Squadron pro tem
USS Pensacola
New Orleans
Nov 6, 1863

United States Sloop Pensacola
New Orleans October 9th, 1863

By virtue of authority reposed in me, a Naval General Court Martial is hereby ordered to convene at New Orleans on board the United States Sloop of War Portsmouth on the twenty first day of October one thousand eight hundred and sixty three or as soon thereafter as practicable for the trial of Second Lieutenant E. B. Sturgeon, United States Marine Corps attached to the United States Steam Sloop Pensacola and such other persons as may be legally brought before it. The Court will be composed of the following officers, any five of whom are empowred to act.

H. H. Bell
Commodore
Commanding W. G. B. Squadron pro tem

Charges and Specifications of charges preferred by Commodore Henry H. Bell, Commanding the Western Gulf Blockading Squadron, against Acting Master's Mate Oscar E. Peck, United States Navy, of the United States Steamer Tennessee.

Charge First: Absent without leave.

In this, that Acting Master's Mate Oscar E. Peck, United States Navy, of the United States Steamer Tennessee at New Orleans, went on shore on the first day of August eighteen hundred and sixty three, with permission to be absent a few hours and did not return to the vessel until the third day of August of the same year.

Specification Second: In this that on or about the seventeenth day of October eighteen hundred and sixty three the said Acting Master's Mate Oscar E. Peck did absent himself from the Tennessee without leave.

Charge Second: Disobedience of orders.

Specification: In this, that on or about the seventeenth day of October eighteen hundred and sixty three, the said Acting Master's Mate Oscar E. Peck, when informed by Acting Master G. E. Nelson, the Executive Officer of the Tennessee that he could not leave the vessel, did leave her and go on shore.

H. H. Bell
Commodore
Commanding W. G. B. Squadron pro tem

US Steam Sloop Pensacola
Off New Orleans, La.
October 24th, 1863

Sir
I return herewith for reconsideration the proceedings of the Court over which you preside, in the case of Acting Master's Mate Oscar E. Peck.

The sentence of a Court is required to distinctly and clearly stated. The manner of confinement at Ship Island should be decided by the Court.

Very Respectfully
H.H. Bell
Commodore
Commanding W. Gulf Blockg. Squadron pro tem

Commander L. C. Satori, US Navy
Senior Member of Naval General Court Martial
US Ship Portsmouth

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