Naval Court of Inquiry into unlawful punishments of men aboard USS Cowslip

A

Gulf Squadron

By virtue of authority in me vested, a Court of Inquiry is hereby ordered to convene on board of the USS Potomac, Pensacola Bay, to investigate whether any violation of the "act for the better Government of the Navy" approved 7 July 1862, has been committed on board the USS Cowslip in the punishment of James Moran, O.S. on the 30th of October last, James Moran O.S on the 4th of December, H. M. Beebee Dec. 4th, James C. Donnel, Boy and William Wiley, boy on the 9th of December. Enclosed is a copy of the Quarterly Return of Punishments for the Quarter ending December 31st for the guidance of the court, from the Cowslip.

The Court will state the facts and give its opinion. The Court will be composed of the following named officers as members:

Commander A. Gibson

And Acting Assistant Paymaster W. F. A. Tobert is hereby appointed Judge Advocate.

The Court will convene on the thirtieth day of January, one thousand eight hundred and sixty six.

H. K. Thatcher

To

Record of the proceedings of a Naval Court of Inquiry, held on board the USS Potomac, Pensacola Bay, Fla, on Tuesday, thirtieth day of January one thousand eight hundred and sixty-six, by virtue of the order hereunto appended marked A.

USS Potomac

The Court met pursuant to the order hereunto annexed

Present

The Court was sworn by the Judge Advocate and the Judge Advocate was sworn by the presiding officer of the Court, all according to law.

The order convening the Court was read aloud by the Judge Advocate, after which, Acting Ensign Franklin Ellms, commanding USS Cowslip, was called and duly sworn according to law.

Question by Judge Avocate: What is your name, rank and to what vessel are you attached?

Answer: Franklin Ellms, Acting Ensign, Commanding US Steamer Cowslip.

The Judge Advocate here submitted a copy of the Quarterly Return of Punishments on board the USS Cowslip for the quarter ending 31 December 1865 to Acting Ensign Ellms, who testified to its correctness.

Question by Judge Advocate: By whose orders were these punishments inflicted?

Answer: By my orders, and those of the Executive Officer.

Question by the Court: What was your reason for punishing men in this manner?

Answer: The forward hold was so very hot, it was impossible to keep men there while the ship was running and there is no other place except on the hurricane deck; the stanchion to which the men were confined did not require them to keep in a painful position, but simply confined them to one spot, having an opportunity to either stand or sit.

Question by the Court: Where are the men now?

Answer: They have all deserted.

There being no further questions, the evidence was read over to the witness who acknowledged the same correct, whereupon he withdrew.

Acting Ensign Achilles Kalinski, Executive Officer, was called and sworn according to law.

Question by the Judge Advocate: What is your name and rank, and to what vessel are you attached?

Answer: Achilles Kalinski. Acting Ensign attached the USS Cowslip.

Question by the Court: Do you know of the following named men, James Moran, O.S. on the 30th of October 1865, James Moran O.S 4 December 1865, H. M. Beebee Dec. 4th, James C. Donnel, Boy and William Wiley, boy on the 9th of December 1865, having been confined to a stanchion on the hurricane deck of the USS Cowslip on or about the dates referenced to?

Answer: They were confined around a stanchion about those dates, with their hands in front. They could either sit down or stand up; the reason they were placed here was because of there being no brig or any other suitable place for confining men for punishment.

There being no other questions the evidence was read over to the witness who acknowledge the same correct whereupon he withdrew.

The court was then cleared for deliberation, and having maturely considered the evidence adduced do find - that there has been a violation of the strict letter of the law, but are of the opinion, that there being no other place or way to punish these men, and that their position not being painful, are palliating facts in the case.

A. Gibson, Commander and Senior Member

The court having no other business before it, then adjourned.

A. Gibson, Commander and Senior Member

Forwarded January 30th, 1866

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