United States vs. William Summers, Landsman, USS Portsmouth

William Summers was sent to Sing Sing as a result of this trial. He requested clemency via his cousin from Gideon Welles and it made it to the DoN since the petition is attached the original of these proceedings, but am unable to determine for sure if his sentence was commuted. I found a mention that Andrew Johnson issued a remission of imprisonment to a William Summers on 11 May 1865, but cannot verify it is the same Summers.

The standard Navy ration that Summers was allegedly starved on was enacted by Congress in 1861 and was still in effect when this trial took place with the exception of the spirit ration that was discontinued a year earlier. The Portsmouth at this time was anchored in New Orleans as a receiving ship and thus likely had better access to obtaining provisions unlike ships out on the blockade that had to depend on an UNREP from the supply steamers making their rounds down the coastline. As a side note to history, Paymaster Casper Schenck, a witness in this trial regarding rations, wrote the "Farewell to Grog" song that circulated in the Navy at the time.

Proceedings of a Naval General Court Martial held on board the US Sloop of War Portsmouth, commencing 29th Dec 1863.

USS Portsmouth
Off New Orleans
10 o'clock A.M. 30 Dec 1863

The Court met in pursuance to the order of Commodore H. H. Bell, commanding W. G. B. Squadron, pro tem.

Present:
Captain J. B. Marchland
Commander L. C. Satori
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut. Comdr. W. R. Mays
Lieut. Comdr. L. M. Newman
Lieut. Comdr. W. N. Allen and
Paymaster C. W. Hassler, Judge Advocate.

And the Court having finished the case of Acting Master's Mate H. H. K. Nicholsen of the USS Corypheus, then proceeded to the trial of William Summers, Landsman on board the US Ship Portsmouth. The accused was present in court.

The Judge Advocate having read the order convening the Court, asked the Accused if he had any objection to any member named therein, to which he replied in the negative, and, on being asked, he also stated that he was prepared for trial, and did not wish the privileged of introducing counsel.

The Judge Advocate was then duly sworn by the President of the Court, and the Court duly sworn by the Judge Advocate.

The charges were then read aloud by the Judge Advocate and the Accused, William Summers, Landsman on board the US Ship Portsmouth, pleaded not guilty.

The Court was then cleared for trial, and Acting Ensign John H. Allen of the US Ship Portsmouth was duly sworn as a witness on the part of the prosecution and testified as follows:

I was officer of the deck of the Portsmouth during the watch from midnight to 4 AM on the 21st December. I mustered the watch at five minutes past twelve. The port watch was the relief watch to which Mr. Summers, the accused, belongs. He answered his muster and then went below on the berth deck. I observed him when he answered his muster and then dodged below. At 15 minutes to 1 o'clock - in the meantime I was pacing the deck and watching for him all the time - I placed a sentinel at each hatchway and musted the watch. I was standing myself at the main hatchway when Summers came there partially dressed with the intention of coming on deck but observing me standing there he dodged away and went forward and came up the forward hatchway when the sentinel ordered him to shop and remain where he was. The forecastle and foretopmen had been mustered and I was mustering the maintopmen as he came along to the hatchway. I do not know that he had been asleep below.

In regard to the other charge I would state that during the watch I have spoken of in my testimony to the first charge, I ordered Summers, the accused, into the port gangway to keep a lookout intending thereby to punish him for being below during his watch on deck, and obligate the necessity of reporting him to the Executive Officer, and I did not report him to the Executive Officer till he had twice disobeyed him order to stand up. Shortly afterwards I observed him sitting in the hammock nettings. I ordered him to stand up and keep his lookout. Shortly afterwards - probably 15 minutes had elapsed - I observed him sitting down again. I went along then and told him to stand up, that it was against the rules of the shop for him to sit down on lookout and that I would not permit it. He sullenly obeyed this order, very demurely arose and obeyed the order. That is all that occurred that watch. In the morning I reported the circumstances to the Executive Officer, that I had found Summers below during his watch on deck and the punishment I gave him. He approved of it and ordered me to continue it for ten nights.

At 10 minutes past 8 P.M. of the evening of the same day, the 21st December, I was officer of the deck during the watch of the accused on deck, the Boatswain's Mate reported the watch musted and the lookouts stationed. Summers was on the gangplank and standing up. At 20 minutes past eight I looked along and saw him nowhere there - he was to be right in the gangway. I went along to the gangway and saw him sitting low in the hammock nettings. I ordered him to stand up telling him that he had disobeyed my orders several times in that particular. He rose up violently, jumped up and looked around very savagely at me, and said he "neither could nor would stand up." I told him to go in the gangway where I ordered him to - "I have ordered you to go in the gangway, you go there." He replied "I will not." I ordered him a second time to go in the gangway and he said he would not, that he would fall overboard if he went there. He commenced using abusive language saying that I had brought this on, that I was trying to get him into a scrape. I then ordered him to the mast and he said "I'll go and" moving down the steps "see what you will do with me." I then sent for the Executive Officer and on making a statement of the occurrence, when I had said a few words, he, the accused, said "it's a damned lie." He commenced using very abusive language and the Executive Officer tried to keep him quiet which he could not do. The Executive Officer ordered him placed in double irons and he made to stand up on the poop, not for a lookout, but to keep him quiet as not to disturb the watch below. I then ordered him, the accused, to go on the poop and he replied - turning around and looking at me as he moved away from the mast - "who are you that you ordered me" and after a slight pause, he said "a whore's pimp, you are no gentleman" and then slight pause and he said "how long since you have been wheeling stones into a lime kiln" another slight pause and he said "I treat you with contempt!" When he got on the poop the Master at Arms was there and placed him in double irons. I ordered him to stand up and motioned to a place to stand. He refused to go there, arouse some and commenced strolling the poop deck. When I ordered him to desist walking and stand up, he refuse to do. I then sent for the Master-at-Arms and Corporal of the Guard and told them to put him in the place I pointed at but seeing them coming he went there himself. The Master-at-Arms put his hand on him (the accused) and he went himself. After standing there a few minutes, he, the accused, sat down. Twice I told him to stand up, to which he made no reply. I ordered him a third time to get up and he turned around and said in a very insulting manner, "are you speaking to me. I'll get up when I like." I sent for the Master-at-Arms and told him to lash him (the accused) up to the awning stanchion. Seeing the Master-at-Arms coming with a lashing, he arose and stood up. He gave me to understand that he would stand there and I did not lash him. He still persisted in using the same abusive language that he had used on the main deck, and he said, as an excuse for not standing up, that he was very weak that he had been starved with poor food and half a allowance on this ship.

On the evening of the 22d December between the hours and 6 and 8 o'clock I was officer of the deck. Summers, the accused, was placed in irons on the poop - not to keep a lookout but to just to keep him quiet. The men forward were singing the "Red White and Blue." Summers began in an undertone and increased his voice to a loud tone and I ordered him to "keep quiet and desist singing." He replied "You can't make me stop singing." I advanced towards him and he said "Do you hear them, damn your eyes they are singing of that flag of tyranny." I gave him to understand that I would gag him if he persisted in using that language, and he stopped. A few moments after that I saw him sitting on the spanker book, and I ordered him to stand up. He replied very insolently "I can't stand up, I'm too weak," saying that he had been half starved since "had been on board this damned man of war." Said the grub wasn't fit enough to eat and only half enough of it. I then sent to the Executive Officer to know what I should do with him. The Master-at-Arms was sent for and said there wasn't not room in the brig for him - it was already full of prisoners. The Executive Officer then ordered him to be placed under sentry's charge on the berth deck and if he made any noise whatever so as to disturb the watch below to have him brought on the poop and inform him (the Executive Officer" of it.

While on the poop this same evening of the 22d December, he made use of expressions in regard to the officers of the Portsmouth calling them "the damned volunteers" "were no gentlemen" that "the Government were obliged to take them into the service," that "there were hard up for officers," and that he was "by birth and education a better gentleman than any of them." This is a portion of the abusive language which I mentioned as being used by the Accused on the evening of the 22d December. This is all I know in reference to the charge.

The Accused did not desire to ask the witness any question.

The testimony was read over to the witness who said it was correctly recorded.

And the Court adjourned to meet at 10 o'clock A.M.

USS Portsmouth
December 31, 1863
10 o'clock A.M.

The Court met pursuant to adjournment
Present:
Captain J. B. Marchland
Commander L. C. Satori
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut. Comdr. W. R. Mays
Lieut. Comdr. L. M. Newman
Lieut. Comdr. W. N. Allen and
Paymaster C. W. Hassler, Judge Advocate and the Accused, William Summers, Landsman of the USS Portsmouth.

The proceedings of yesterday were read over, when Acting Master G. Richmond was duly sworn as a witness on the part of the prosecution and testified as follows:

I am Executive Officer of the Portsmouth. On the evening of the 21st December between the hours of 8 and 10, the officer of the deck, Acting Ensign John H. Allen, sent word below that he had a man at the mast. I immediately came on deck and found William Summers, the accused, at the mast. Mr. Allen stepped up to me to make his report and as soon as he commenced, Summers said "Its a lie." I told him "to be still." He said he wasn't going to stand there and hear him (Mr. Allen) lie in that manner. I then stepped up to him and put my hand on his shoulder and told him that he didn't be still, I would put him where I could find him. He said "I'll be still for you, but not for that damned thing that has wheeled stones through a lime kiln all his days." When I told him that if he continued making this noise that I would take care of him. He said, "What can you do, you can neither hang me or kill me." I then sent for the Master-at-Arms and told him to confine him in double irons, I ordered him to the poop and to make him stand up. After giving that order, I went below. I know nothing further in relation to the charges except by report.

Question by the Accused: When you were present did you hear me call Mr. Allen "a whore's pimp"?

Answer: No, I did not.

Question by the Accused: Did you not give me over to the Master-at-Arms before you left the mast?

Answer: I did.

Question by the Accused: Did I give you any insult or show you any disrespect?

Answer: Not to me. I took it that all you said was for Mr. Allen and not for me. I considered that the insulting Mr. Allen was showing disrespect to me.

Question by the Court: To whom were the remarks "you cannot hang or kill me" addressed?

Answer: To me.

The testimony was read over to the witness who said it was correctly recorded.

Acting Ensign A. Rich, of the USS Portsmouth, was duly sworn as a witness for the prosecution and testified as follows:

Of the first charge I know nothing. In regard to the others, I would say that I stepped on deck as Mr. Allen was reporting at the mast what Summers had done and Summers interrupted him in his report by something I didn't hear. Mr. Richmond told him to shut up and hold his tongue and not give insolence. Summers replied that he would mind what Mr. Richmond said but that he wouldn't mind what "that damned thing there" said - referring to Mr. Allen whom he said was "no gentleman and had been wheeling stones through a lime kiln all his life" whom he had the utmost contempt for as he was "only a worm fit" - at this time the prisoner interrupted the Court rising up from his seat, making gesture and calling out "confine yourself to the truth sir" and on being admonished kept quiet - "to be crushed under foot" rubbing his feet on the deck as if there was something under it. It is impossible to tell half of what he said as he was using insulting language all the time he was there and afterwards on the poop. The same evening he repeated about his being a gentleman and about wheeling stones through a lime kiln - all his conversation was directed to Mr. Allen seemingly. I was on the poop and heard this language used there. When at the mast, Mr. Richmond told him to be quiet or he would find means to make him so. Summers replied "Make me then" as far as I can recollect though I can't repeat the exact words he used. "I don't care a damn what you do with me", I remember that, "what can you do with me you can't hang me, you can do nothing with me." Mr. Richmond then ordered the Master-at-Arms to put him in double irons and place him on the poop, which was done. Mr. Richmond then went down below and I went up on the poop with Mr. Allen. I could see that Summers' aim was ti intimate Mr. Allen and to get him to strike him. I suppose that was it. Summers as place by the howitzer on the platform and told to stand there. After standing a few moments he commenced walking backwards and forward a step or two, rattling his chains. Mr. Allen told him to stop walking and not to rattle his chains and he then sat down. Mr. Allen then told him to stand up and Summers replied "I will when I get ready." He got up in a moment afterwards though. I heard nothing more of what occurred that evening on the poop. Except sometimes afterward I heard a fall on the poop and I went on the poop and heard Mr. Allen say to the Quartermaster "Remember what that man said, I call upon you as one of the petty officers to remember it." Summers broke in with "Yes, call on your petty officers, they'll do anything for you, that is the way they get to be your petty officers."

The next evening sometime between 6 and 8 o'clock, Mr. Allen and I were on the poop. Summers was on the other side of the poop and the men forward were singing a patriotic song called the "Red, White and Blue." Summers commenced singing too. Mr. Allen told him to stop singing. Summers replied "Damn you, do you hear that, they are singing down with all tyranny - that means down with all such tyrants as you who you decoy people on board a man of war, get down on them, and try to worry the life out of them." He also said that he had "been half starved aboard here," "hadn't had anything fit for a Christian man to eat" for some time. He said at the same time that he was more of a gentleman by breeding and education than any officer aboard the ship. That is all I remember, though he was saying so much that if any other officer was on the poop, he left as soon as possible. His conversation was always addressed to Mr. Allen.

Question by the Accused: Did Mr. Allen tell you that I called him "a whore's pimp"?

Answer: He did, and Mr. Allen then called upon the Quartermaster as one of the petty officers to remember it.

Question by the Accused: When did Mr. Allen state that I called him so, when did he say that I called him that?

Answer: I think between 9 and 10, and on the poop.

Question by the Accused: Was it the expression "a whore's pimp" that Mr. Allen called upon the Quartermaster to remember?

Answer: I presumed it was but I do not know. I heard Mr. Allen say "Quartermaster I call upon you as one of the petty officers to remember what that man said." Mr. Allen turned to the Quartermaster and said that immediately after telling me that Summers had called him a "whore's pimp."

Question by the Court: Did you hear the accused damn the flag and the man of war that starved him?

Answer: I did not hear him do so.

Question by the Court: Did you hear the accused make any remarks about the volunteer officers of the Portsmouth?

Answer: No, only what I have stated he said in regard to the officers.

Question by the Court: Had the accused ration of provisions been reduced whilst on board?

Answer: Not that I am aware of.

The testimony was read over to the witness who said it was correctly recorded.

John C. Smith, Master-at-Arms of the USS Portsmouth was duly sworn as a witness on the part of the prosecution and testified as follows:

I know nothing in regard to the first and second charge. I was sent for on the evening of the 21st December between the hours of 8 and 10 by the officer of the deck and was ordered by Mr. Richmond, the Executive Officer, to confine William Summers in double irons on the poop. After getting the irons I was again ordered to do so by Mr. Allen, the officer of the deck. Summers started to go on the poop, and on his way there made the remark - I do not know to whom it was to, to Mr. Allen, or who - "How long is it since that you stopped wheeling stones into a lime kiln" or something of that kind. I then put him in irons on the poop, and went below. I was sent for about a half an hour afterwards by Mr. Allen to lash Summers up to the stanchion aft on the poop. Summers got up and at the same time made the remark that he wasn't able to stand, that he was weak and half starved. I then went below and did not lash him up. I know nothing concerning the fourth charge.

Question by the Accused: Were you not with me all the time I was going from the mast to the poop?

Answer: Yes, I was.

Question by the Accused: Did you hear me use the expression "whore's pimp"?

Answer: I did not.

Question by the Court: Has any portion of the accused ration been stopped, if yea, when?

Answer: Not that I know of.

Question by the Court: What is the quality of the provisions served on board the Portsmouth?

Answer: I should say they were good, as far as I know.

Question by the Court: Is the usual quantity served out?

Answer: I think it is, it is so in our mess.

The testimony was read over to the witness who said it was correctly recorded.

Martin Holden, Quartermaster of the USS Portsmouth, was duly sworn as a witness and testified as follows:

I know nothing in regard to the first and second charge. All I heard was Summers said to Mr. Allen "How long was it since you were wheeling stones into a lime kiln, you're a pretty looking thing to be over men." I was on the poop the evening of the 21st December, and Summers was sitting down and when Mr. Allen told him to get up he told him that he would get up when he was ready. That is all I heard him say. I was not on the poop the evening of the 22d December.

Question by the Accused: Did you or did you not observe me taking a twist out of the irons on my legs when I told Mr. Allen I would get up when I was ready?

Answer: No, I did not see anything of the sort.

Question by the Accused: What is the quantity and quality of the provisions served out on board this ship?

Answer: The quality is good enough, we have our full allowance.

Question by the Court: Has the accused been deprived of any portion of his ration to your knowledge?

Answer: No, not that I know of.

The testimony was read over to the witness who said it was correctly recorded.

Assistant Paymaster C. Schenck of the USS Portsmouth was duly sworn as a witness on the part of the prosecution and testified as follows:

Question by the Judge Advocate: Has it been the custom to serve out the usual Navy ration on board this ship?

Answer: Yes it has and in the usual way. I think that he, the accused, was confined at one time and if he was, his ration was issued to his mess. I do not know when he was confined.

The testimony was read over to the witness who said it was correctly recorded.

All the witnesses for the prosecution having given evidence the prosecution was closed, and the accused brought forth William Johnson, Ordinary Seaman, of the USS Portsmouth, as a witness on the part of the defense, who, after being duly sworn, testified as follows:

Question by the Accused: Did I or did I not wake you up a little after 12 o'clock on the morning of the 21st December to get my coat from you?

Answer: Yes you did wake me up and got from me the coat you lent me in the first watch. You stood talking with me after a few minutes when I heard the Boatswains' Mate sing out on deck "answer your muster, forecastlemen." You said, "hallo, they are musting the watch" and then you went on deck.

Question by the Accused: What time do you think it was that I woke you up?

Answer: I cannot say exactly the time. I think it was about one bell, though I am not sure. I was asleep when you woke me up.

Question by the Judge Advocate: Did you or did you not see Summers go on deck directly on leaving you?

Answer: I do not know whether he went on deck - it was dark and he said "the Boatswains' Mate is mustering the watch" and I supposed he went on deck.

The testimony was read over to the witness who said it was correctly recorded.

William Smith, Boatswain's Mate of the USS Portsmouth, was duly sworn as a witness for the defense and testified as follows:

Question by the Accused: Do I or do I not belong to the port foretop watch, and did I or did I not answer to my number when the watch was mustered on the morning of the 21st December, when sentries had been placed on the hatches?

Answer: You belong to the port foretop watch. I think you did answer your muster the second time I called you and when you were standing on the forehatch ladder.

Question by the Accused: Is it or is it not the custom to call a name the second time immediately after the first time when mustering a watch?

Answer: Yes, immediately after if he does not answer the first time.

The testimony was read over to the witness who said it was correctly recorded.

William Phillips, Quartermaster of the USS Portsmouth was duly sworn as a witness for the defense and testified as follows:

Question by the Accused: Do you remember hearing me join the men forward singing the "Red White and Blue" on the evening of when I was in irons on the poop, and if so when I had stop singing, did I damn the flag?

Answer: I heard you sing and I heard Mr. Allen tell you to stop your noise. You made answer "Why should I stop, the men are singing forward, damn your eyes" I did not hear you use any words damning the flag.

Question by the Accused: Is it or is it not often the custom when singing the "Red White and Blue" end off the verse with "damn your eyes" and were the men doing so on this occasion?

Answer: Yes they do sometimes and they were doing so that night.

Question by the Judge Advocate: Do you or do you think not that the accused addressed the words "damn your eyes" to Mr. Allen intending them to apply to him?

Answer: That is the answer that he gave to Mr. Allen when Mr. Allen told him to shut it up.

The testimony was read over to the witness who said it was correctly recorded.

The Accused presented and read to the Court his written defense hereto annexed.

The Court was then cleared for deliberation and having maturely considered the evidence adduced, find the Accused, William Summers, Landsman of the US Ship Portsmouth, as follows:

The Specification of the First Charge: Proven except the words "asleep" in the phrase "go below in his watch on deck and was found there asleep."

Of the First Charge: Guilty

The Specification of the Second Charge: Proven

Of the Second Charge: Guilty

The Specification of the Third Charge: Proven except the words "on the lookout" in the phrase "when ordered to go on the lookout on the poop."

Of the Third Charge: Guilty

The Specification of the Fourth Charge: Proven

Of the Fourth Charge: Guilty

And the Court do therefore Sentence him, the said William Summers, Landsman on board the US Ship Portsmouth to be imprisoned without pay in such prison or penitentiary as the Honorable Secretary of the Navy may select for the period of twenty years, ten years of this period to be at hard labor, and to forfeit all pay and prize money now due or that may become due him; and to be dishonorably discharged at the expiration of his term of imprisonment. This sentence to be read on the quarter deck of all the vessels of this squadron.

Captain J. B. Marchland
Commander L. C. Satori
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut. Comdr. W. R. Mays
Lieut. Comdr. L. M. Newman
Lieut. Comdr. W. N. Allen and
Paymaster C. W. Hassler, Judge Advocate

The proceedings and sentence of the Court are hereby approved.

H. H. Bell
Commodore
Commanding W. G. B. S. pro tem
US Ship Pensacola
Off New Orleans
January 18, 1864

The contumacy and insolent insubordination of Summers are abundantly established, not only by the witnesses, but by the record of the Court, in which the prisoner while on trial, is represented to have interrupted its proceedings by calling out to a witness "confine yourself to the truth sir" to take care that he stuck to the truth, or words to that effect.

The plea of exasperation, is, in some degree, borne out by the testimony of Acting Ensign John H. Allen, who seems to have personally followed up the accused too long before he reported to the Executive Officer, and even afterwards, when he was under punishment.

The Executive Officer, when it was obvious that the accused has resolved to defy authority, ought to have avoided altercation and simply put him under restraint; if gagging had been necessary to prevent disturbance of the rest of the ship's company, he might have resorted to that measure, but such an end was not be attained by requiring the man to stand up in double irons on the poop; this was unusual and inappropriate and exceeded the lawful authority of the Executive Officer, who ought, upon the spot, to have referred so grave a case to the Commander.

On account of the irregularities above, at forth the sentence is remitted to five years imprisonment at hard labor instead of "twenty years, ten years of this period to be at hard labor" as set forth in the sentence.

H. H. Bell
Commodore
Commanding W. G. B. S. pro tem
US Ship Pensacola
Off New Orleans
January 18, 1864

In answer to the charge of sleeping on the Berth Deck during my watch on deck, I produce evidenced to prove that after the watch had been once mustered at which time I answered and went to the head to case myself after which I looked round the deck for a young man to whom I had lent my coat, the night being cold but failing to find him I went below to look for him in his hammock where I found him he at the time using it for a pillow. I attempted to take it from under his head without disturbing him but did not succeed as he awoke I remained several minutes talking with him when I heard the Boatswain's Mate calling the muster roll of the watch the second time it being then about one bell in the mid watch 1/2 past 12 o'clock. I immediately proceeded on deck to answer my number when called but was stopped at the hatchway by the Sergeant of Marines who was stationed there for that purpose by Ensign Allen who was at the time officer of the deck. He - Ensign ALlen, ordered me to stand in the gangway as punishment. I went accordingly, but being tired having been at work all day, I sat on the edge of the hammock netting. The said Ensign John H. Allen at the time officer of the watch ordered me to stand up, I replied that I was unable being weak and dizzy in the head owing to injuries that I had received in that part of my body some years previous; A sharp altercation ensured, he Ensign John H. Allen using threating language and speaking in a sarcastic tone of voice saying that he would lick me and take all the jaw out of me - ordering me to go to the mast. I went there and remained there till the Executive Officer Mr Richmond came who ordered me on the poop, where I went and was put in double irons. I was unable to stand owing to the excitement I had undergone, my head afflicting me sourly, and the irons preventing me from balancing myself.

To charge third, I in part plead guilty, I did say to Acting Ensign John H. Allen that he was no gentleman as I thought his conduct and language was unbecoming a person entitled to that name; and I told Mr. Richmond that he, Ensign John Allen, was not stating the truth - he Ensign John Allen observed to Mr. Richmond that I was treating him with contempt. I answered how can I do otherwise when you don't respect the truth, the remainder of the charge I deny.

In answer to charge fourth where I am charged with saying that I was starved on board of the Portsmouth, it is entirely false for I have always had sufficient, but it is not the food I have been accustomed to which in talking with Acting Ensign John H. Allen I might have mentioned being at the time very much excited. As regard the charge of damning the flag, I indignantly deny as no man in the universe has a more profound respect for the Flag of the US of America than I.

As regards my making insulting remarks towards volunteer officers generally is untrue, I alluded to him Acting Ensign John H. Allen personally being urged so to do by the taunting language which he the Ensign John Allen continued to use towards me for the purpose of entrapping me into committing myself so that he could prefer charges against me for I believe he Ensign John Allen has a personal grudge against me as he has persecuted me in various ways since I refused to act as a waiter in the Ward Room, no other officer having found fault with my behavior since I had been on board of this ship, US Sloop Portsmouth.

Respectfully
William Summers

US Steam Sloop Pensacola
Off New Orleans, La. December 28th 1863

By virtue of authority reposed in me, a Naval General Court Martial is hereby ordered to convene on board the United States Ship Portsmouth on the twenty ninth day of December one thousand eight hundred and sixty three, or as soon thereafter as practicable for the trial of Francis Arthur, Ordinary Seaman, of the United States Steamer New London, and such others as may be legally brought before it. The Court will be composed of the following officers, any five of whom are empowered to act:

Captain J. B. Marchland
Commander L. C. Satori
Commander W. E. Le Roy
Commander M. B. Woosley
Lieut. Comdr. W. R. Mays
Lieut. Comdr. L. M. Newman
Lieut. Comdr. W. N. Allen
Paymaster C. W. Hassler is hereby appointed Judge Advocate

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

Charges and Specification of Charged s preferred by Commodore H. H. Bell, commanding the Western Gulf Blockading Squadron pro tem, against William Summers, Landsman, of the United States Ship Portsmouth.

Charge First: Neglect of Duty

Specification: In this, that the said William Summers, Landsman, on board of the United States Ship Portsmouth, did, on or about the twenty first day of December, one thousand eight hundred and sixty three, between the hours of midnight and four a.m. did go below in his watch on deck and was found there asleep, it being still his watch on deck.

Charge Second: Disobedience of orders

In this, that the said William Summers, Landsman, did, on or about the twenty first day of December, one thousand eight hundred and sixty three, when being ordered to go on the lookout in the gangway of the United States Ship Portsmouth, and stand up there, reply to the officer of the deck, Acting Ensign John H. Allen, "that he neither could nor would go there and stand up" and he did not do so.

Charge Third: Disrespect to his superior officer

In this, that the said William Summers, Landsman, did, on or about the twenty first day of December, one thousand eight hundred and sixty three, when ordered to go on the lookout on the poop of the United States Ship Portsmouth by the officer of the deck, Acting Ensign John H. Allen, make use of the following language addressed to Acting Ensign John H. Allen "you who are you" "a whore's pimp" "you are no gentleman" "how long since you were wheeling stone into a lime kiln?" "I treat you with contempt" or words to that effect and did persistently refuse to obey the orders of the officer of the deck.

Charge Fourth: Scandalous Conduct

Specification: In this, that the said William Summers, Landsman, did, on or about the twenty first day of December, one thousand eight hundred and sixty three, falsely report "that he had been starved on board of the Portsmouth with poor food and half allowance" "damning the flag and the man of war that had so starved him" that he made use of many insulting expressions against the volunteer officers of the Portsmouth, such as "they were no gentlemen, a set of damned volunteers" "that he was by birth and education a better gentleman than any of them" and much more of the like language.

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

Witnesses:
Acting Master G. Richmond
Acting Ensign John H. Allen
Acting Ensign A. Peck
Master-at-Arms John Smith
Quartermaster Holden

State Prison Sing Sing, NY
April 10 1865

Dear Cousin

I received yours last week and was very glad to hear that you were in good health, and that business is good. I have been very bad for some time, but I am improving now and i hope as the spring advances to get quite well. I had often thought of writing to you but again I know you had as much as you could attend to without me troubling you but I cannot tell you how glad I was to hear from you and how thankful for your generous offer.

I send with this a draft of a petition which you can present to the Secretary of the Navy as it is or if you think it can be altered for the better you are at liberty to make what alterations you think proper.

Perhaps you might, as well make a copy of it to present to the President I think both of them ought to be in a merciful mood when the war is going on with such signal success. You must try to get a personal interview with the Secretary of the Navy and urge every reason you can think of to get him to pardon me, you can tell him as much as how you are situated as you see fit and no more; and also what I have done or what you expect me to do as your near relative.

You will please to write to me when you receive this (I am allowed to receive all the letters you write to me) and after you have been to Washington you will write again and let me know what sort of reception you receive and let me know if you get the slightest encouragement to hope, for it is of the utmost importance that I should know immediately. If you have to leave the petition and return home without an answer, you can arrange for the answer to be sent to you and then send it on to me.

I think I have hitherto been the most unfortunate man in the world but I begin to live in hope that I have heard from you. You don't know what it is to be shut up and felt as if you had not a friend in the world. I had one shipmate who used to write to me but I have not heard from him for 6 months. I wish you would write to the old ship and see if you can hear anything of him, his name was Matthew A. Hogan, Yeoman, US Ship Portsmouth. You can direct it in care of Mr. Lane Carpenter Master's Mate of the same ship and he will be sure to make the necessary inquiries and let you know; give my respects to him and he will know why I wish to hear from Matt.

I hope you and Frank and the family are still in good health. Give my love to all of the,. It seems to me that the war is nearly over and I hope to have the good fortune to see you all again before very long. If you can get any Naval officer to sign my petition it will help me greatly. If I remember right, you know some of the people aboard the Guard and you might get some of them to sign it.

Hope, that is the word that is diffusing new life in me but I hope it will not be the hope deferred which maketh the heart sick.

Give my love to the young ones and my respects to Frank and be assure that I shall never forget your kindness as long as I have life whether you succeed in your kind endeavors or not.

I remain your loving but unfortunate Cousin
William Summers

To His Excellency Gideon Welles, Secretary of the Navy

Sir
From the clemency recently exhibited toward several men of the Navy lately confined in this place, I am induced to believe that your excellency will not disdain to notice the petition of your humble servant, William Summers, Landsman of the US Sloop Portsmouth, tried by general Court Martial late in December 1863 or early in January 1864, on the charge of being found asleep in his hammock during the time alloted as his watch on deck, also for disobedience of orders and insolence to his superior officer and other charges.

With regard to the first charge, I am guilty of having been below but not asleep nor being in my hammock. I went down to get my watch coat from a man in the starboard watch to whom I had lent it to, viz, William Johnson, who testified that I came for my coat and during the time I was below the watch was called. See testimony, this was when I was supposed to be in my hammock, the Boatswain's Mate also testified that I answered to my name at the second call which followed immediately after my not answering the first.

When the officer who preferred the charges against me was sworn, he swore that I was below, but he did not swear I was in my hammock or asleep. Still I was found guilty of the charge. As for the rest of the charges, they were but too true, except for one, which charged me with damning the flag. Of that I have no recollection nor do I believe I did it, for I have sailed under it too long (viz, 13 years as Steward in the Merchant Service) ever to be guilty of using such language.

I think there might be some allowances made for the state of my health, at the time I committed myself, the officer who preferred the charges against me knew that I complained of pains in the temples and dizziness in the head, and I told him I could not comply with his order for fear of falling overboard. But he thought I was only trying to evade his orders and insisted. Whereupon I got irritated and refused to do as he told me. I had the fever on me at the time, but was ashamed to report to the Surgeon fearing they would think I was feigning sickness in order to evade the punishment which I expected. But at the end of a few days I got so bad I had to be taken out of the Brig into the Sick Bay, where I lay until I left the ship. I had had a very serious bout of the fever, I confess that I had been very wrong, and I feel that I deserved my punishment and left to reflect on my bad conduct. I know that order and discipline must be maintained in a ship. I can now see my passionate conduct in its true light. Thirteen months experience in a state prison has turned my thoughts on my past life and I feel deeply and sincerely sorry for all my bad conduct, and I hope if God spares my life to get out of this trouble, I will be a very different man to what I have been. The clemency that has been shown to others that came here with me, who were tried on my own ship after me, has encouraged me to to hope that mercy might be extended to me, for at the time of committed myself I was but a new recruit only 5 months in the service and almost as ignorant of the rules as when I joined the ship, having only heard extracts of the Articles of War read three times.

I hope therefore, that the object of sending me here (which I take to be as an example to other offenders and to teach me to behave better, and obey those placed over me) is accomplished, for I am sure if I where placed in the same circumstances again, I would act differently. I humbly beg your Excellency to consider my case and grant me a pardon. It is the first wish of my heart to be allowed to return to the Navy and by my future good conduct to erase the stain of former misdemeanor and present degradation from my character.

Oh sir, for the love of God and humanity, pity and relieve me of the awful name and position of a convict and I will (God helping me) show by my future deportment that your mercy has not been thrown away, I feel deeply my degradation, though, I cannot say that I am unjustly punished, for I know I deserved it. It is just, but I beg of you to remember mercy, which so well comes those in the high position of Rulers of a great Nation like this. I have a poor old mother at home, 67 years of age and I, her only son, her only staff of life. She knows not where I am, and I dare not write to her, lest the knowledge that I am a convict should bring her grey haired with sorrow to the grave. With all my faults I always loved my mother. I never was drunk in my life. And it has only been my affection for her that has kept me from much evil into which I should otherwise have fallen, particularly drinking. I have not wrote to, or heard from her, for now 16 months. I dare not write while here, and cannot hope to see her in this world again except through your mercy. I therefore once more beg your Excellency to have mercy on me, and give me a change to redeem the past, by diligence and good conduce in the future.

And that the God of the Widow may reward your Excellency's kindness, that ever will be the prayer of your most humble servant.

William Summers
Sing Sing Prison

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