United States vs. Alexander McCiver, Landsman, USS Colorado

Alexander McCiver finished out his enlistment contract and was discharged from the Navy effective 10 February 1864.

Proceedings of a Naval General Court Martial, convened on board of the United States Steam Frigate Colorado, by virtue of the following order, viz:

US Steam Sloop Pensacola
Off New Orleans, La
October 29, 1863

By virtue of authority reposed in me a Naval General Court Martial is hereby ordered to convene on board the US Steam Frigate Colorado off Mobile Bar on the second day of November one thousand eight hundred and sixty three, or as soon after as practicable for the trial of Alexander McCiver, a Landsman of the United States Ship Colorado, and such other persons as may legally be brought before it.

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

Captain J. B. Marchand
Lieut. Comdr. William K. Mayo
Lieut. Comdr. Edward C. Grafton
Lieut. Comdr. George U. Morris
Lieut. Comdr. Benjamin F. Day

and Mr. Henry T. Rivers is hereby appointed Judge Advocate

H. H. Bell
Commodore
Commanding West Gulf Blockading Squadron
Pro Tem

11.15 O.clock AM
November 3rd, 1863

The Court met pursuant to the foregoing order. Present:

Captain J. B. Marchand
Lieut. Comdr. William K. Mayo
Lieut. Comdr. Edward C. Grafton
Lieut. Comdr. George U. Morris
Lieut. Comdr. Benjamin F. Day
Henry T. Rivers, Judge Advocate

Alexander McCiver, Landsman, the accused also present.

The Judge Advocate having read the order convening the Court and his warrant as Judge Advocate, asked the accused Alexander McCiver, Landsman, if he had any objection to any member named therein to which he replied none.

The Judge Advocate was then duly sworn by the Presiding Officer, and the members were then duly sworn by the Judge Advocate in the presence of the accused.

Accused did not introduce Counsel.

The Changes were ready by the Judge Advocate.

Judge Advocate: Alexander McCiver, you have heard the charge or charges preferred against you. How say you, guilty or not guilty?

To which the accused, Alexander McCiver, Landsman, pleaded as follows. Not guilty of the 1st charge, but guilty to the charge of using the language to Lieut. Miller, but not in an insulting manner. Witnesses then retired.

James White, Captain of the Afterguard, USS Colorado, a witness on the part of the prosecution, was duly sworn by the President.

Question by Judge Advocate: What do you know in relation to charge 1st and specification?

Answer: I told accused to go down to the shot locker, he went into the fore passage when I told him that that was not the shot locker. He then came up and told me to go to hell and go and get somebody else. I then reported him to the Officer of the Deck, who ordered him to be sent to the mast and when I ordered him he would not go. This took place about ten days ago. He used no other abusive language.

Question by Judge Advocate: What was your rate at the time this occurred?

Answer: I was Captain of the Afterguard.

The Judge Advocate had no further questions to ask.

Question by the Accused: Do you know the meaning of an Oath?

Answer: I do and know how to tell the truth and not to perjure myself.

The testimony of the witness being completed, was read over to him and approved.

Lieut. H. W. Miller, USS Colorado, was called and duly sworn.

Question by Judge Advocate: Will you please state what you know of the first charge and specification?

Answer: I know nothing of the 1st Charge and Specification, except as it was reported to me as Executive Officer on or about the 20th ultimo, the same day of the offense.

Question by Judge Advocate: What was the manner and deportment of the Prisoner at the time he made use of the words mention in Specification of 2nd Charge?

Answer: His manner was disrespectful and contemptuous.

The accused when informed stated that he had no questions to ask witness.

Question by the Court: Was there any officer besides you present when the above conversation between the accused and yourself took place?

Answer: There was Acting Master Folsom and Master at Arms Whiting.

Question by the Court: State on what manner the accused has been confined since the commission of the offense?

Answer: The first day he was put in double irons, during the remainder of the time he has been in single irons for trial, as near as I can recollect. His testimony was read to and approved by witness.

Acting Master Folsom, a witness for the prosecution was called and duly sworn.

Question by Judge Advocate: Do you know anything about the first charge and specification?

Answer: About the time specified, Alex McCiver was ordered by Captain of the Afterguard to go to work in the hold. Afterwards about 10 or 15 minutes the Captain of the Afterguard came to me and said that McCiver had not gone to his work, that Mr. McCiver had said to him that he might go to hell or something of the kind. I was then Officer of the Deck. I wold White to bring him to the mast. He went for that purpose. He came back and reported that McCiver would not come for him. He afterward did come to the mast. He state that what White had said of his refusal to work was false. I sent for the Executive Officer Mr. Miller and reported the case.

Question by Judge Advocate: What was the manner and deportment of the prisoner at the time he made use of the words mentioned in specification of 2nd charge?

Answer: It was defiant and insolent.

Question by the Accused: Where were you at the time White ordered me to go to the shot locker?

Answer: I was on the bridge and heard the order given to McCiver by words, ordering him to the shot locker, but did not see McCiver.

The testimony of the witness being completed was read over to him and was approved.

A. B. Whiting, Master at Arms, USS Colorado, a witness for the prosecution was called and duly sworn.

Question by Judge Advocate: Do you know anything of the first charge and specification?

Answer: I do not.

Question by Judge Advocate: State what you know of the manner and deportment of the accused at the time he made use of the words mentioned in specification of charge 2nd.

Answer: He spoke quick but not in a passionate manner.

Question by Judge Advocate: Was you present during the whole time that the prisoner and Mr. Miller were at the main mast at the times specified?

Answer: I was there all the time.

The Court having no further questions to ask and the accused not desiring to ask any, the testimony was read over to the witness and was approved by him and he retired.

The Judge Advocate then declared the prosecution closed.

Corporal Thomas Sullivan, USMC of the USS Colorado was called on the part of the defense was duly sworn.

Question by Judge Advocate: Do you know anything of the 1st Charge and specification?

Answer: I know nothing.

Question by Judge Advocate: State what you know of the manner and deportment of the accused at the time he made use of the words mentioned in specification of 2nd charge.

Answer: His manner was very moderate. He spoke in a low murmuring tone, scarcely audible. I was about three yards from him.

The testimony of witness being complete his testimony was read over to him and approved and he retired.

The defense was then declared closed, the prisoner not desiring to make any statement.

The statement of the parties being thus in possession of the Court, the Court was cleared for deliberation and having maturely considered the evidence adduced, find the accused, Alexander McCiver, Landsman, as follows:

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

And the Court do therefore sentence the said Alexander McCiver, Landsman, to be confined in double irons for three months, each alternate week on bread and water.

Captain J. B. Marchand
Lieut. Comdr. William K. Mayo
Lieut. Comdr. Edward C. Grafton
Lieut. Comdr. George U. Morris
Lieut. Comdr. Benjamin F. Day
Henry T. Rivers, Judge Advocate

The proceedings are disapproved on account of their informality, the original precept not having been appended to them, and Alex McCiver, Landsman, will be restored to duty.

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

Charges and Specifications of Charges preferred by H. K. Thatcher, a commodore in the Navy of the United States and commanding the USS frigate Colorado, against Alexander McCiver, a landsman of said ship.

Charge 1st: Violating a portion of Article 25th, section 18th of the law "for the government of the Navy."

Specification: In this, that on or about the 20th day of October, 1863, the said Alexander McCiver, did disobey the lawful order of his superior James White, Captain of the Afterguard, of said ship, abusing him and telling him to "go to hell" or words to that effect, in violation of the before named section and article which declares that "petty officers shall be entitled to obedience in the execution of their office from those of inferior ratings."

Charge 2nd: Contempt to his superior officer and disrespect in language and deportment whist in the execution of his office.

Specification: In this, that the said Alexander McCiver (landsman), on being called to an account, by the Executive Officer, Lt. H. W. Miller, who threatened the said McCiver with confinement and diminished rations for his misconduct, replied to the said Executive Officer, "I don't care how much you put me on bread and water," or words to that effect and when told by Lieut. Miller, that he would have him tried by a "Court Martial" replied in a very insolent and insubordinate manner "you may do that too, if you like" or words to that effect. His manner being, at the time, very contemptuous and disrespectful to the said Lieut. Miller and in violation of the 7th article, 3d and 4th section, for the government of the Navy.

H. K. Thatcher
Commodore

USS Frigate Colorado
off Mobile Bay, Oct 21st, 1863

Witnesses:
Henry W. Miller, Lieut.
Charles Folsom, Acting Master
A. B. Whiting, Master at Arms
James White, Captain of the Afterguard

[Return to Courts Martial and Courts of Inquiry index]

This is privately operated website. It is not associated with any governmental organization.