585
PAPERS OF 1Irn..1BE-\U Buo, APARTE LA.1AR
which sum were expended for provisions for the army. (See Brigham' Depo.) Never paid but the $200 to the Treasurer- never tendered payment to him-rendered no acct. of sales to the Depart. Made sundry loans to clerks and other , for which he took their due Bills, and now claims these loans as payment; but by his own showing still owe $545.05-which in the acct. exhib- ited to the enate he ~barges as having paid to the Trear. on 6th June 1837 but which Trear. swears has not been paid (See Brigham depo.)-taking his own statement it is a defalcation to that amt, if not an embezlemcnt. (See a/c. B. 11.) (and Depo. of H. mith, Nov. 16)-contrary to constitution-(see Con. Art. 1 Sec. 25) 3rd "Takin,,._a ~ruise with the 1Tavy," against the enemy, without the approbation .of the Pre ident, and contrary to his known wishes and expre denial. Done surreptitiously, under pre- tence of recruiting his health and spirits. (See l1is publications in the Telegraph of Sept. 9th and 16th.)-(Application for and grant of leave of absence, A. 2 and 3.)-Took a position on board, which, while it exempted him from the legal responsibili- ties of the command, gave him in fact the superintendance and effectual control of the squadron and its movement. He was known to be the see. of ravy-officer had been appointed and instructed by him. He writes as if he felt himself the head of the "Pleet," and recd. the public applause as if rendered to the Commander & Hero of the cruise. ( ee In tructions l\fay 23. 1837 A. 4--Letter to H. Smith, B. 2-Reply to Invitation, Tele- graph B. 9.-Card to the Editor, Telegraph Sept. 16-Consid- ered his reputation as identified with that of the Navy-" Secy. of the ravy turned ailor "-participated in the act of the act of the Squadron-approved what wa done--See, as above, also Depos. of Simons & Cheesinan-was the actual director of the Squadron-willing to appropriate to himself the Cr. of the crui e-therefore responsible for its misdeeds. Discreditable character of the Cruise-Plundering-burning· and destroying the property of defenceless and unofl'ending j\fexicans-not warranted by laws of War and of Nations-( ee Wheaton fol. 249 et Seq.)-Disobedience of order -leaving the Texan Coast unguarded-700 mile from it-parting Company three times-ordered to cruise a month or 6 weeks, staid nearly 3 ms. (See Instructions A. 4. and Reports of Thompson & Bay- lan (C. a)-arJd (C. b.) answers of Thompson (c. d.) and reply of Ex. (c. e. )-)Ia king prize of neutral ves els not having con- traband of War on qoard-Case of Eliza Russell-see Instruc- tion (A. 4) attorney Gen)' opinion (A. 5) 'Ihompson answer to querries (c. d)• E ·ecu.tives reply (c. e)-The sending in the E. R. approved by Fisher, see hi. letter to II. mitb (B. 2) Attack on Sisal contrary to orders-impolitic-endangered lo of vc sel -See (A. 4.) and (c. e.) as above. Intention declared of attemptino- with the armed force of the 1Tavy to effect the release of the Texas prisoners at l\Iatamoros, while he knew the Ex. was attempting the same thing by nego- tiations and exchano-e of prisoners. ee his letter. to H. Smith
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