WRITINGS OF 5AM HOUSTON, 1837-1841
49
offence reached by the finding of a court martial, and the Govern- ment be deprived of all means of punishing offenders. The memorials now on the table of the Honorable Senate go far to verify this position; but other difficulties would exist. If courts martial were ordered, the scarcity of officers of sufficient rank to convene a court martial of 13, or even 5 members, would be so great, that it would be impossible to do it without prejudice to the service. If an officer commanding a fleet, squadron or post, were arrested for delinquency or neglect of duty, it is fair to suppose that those who had been under his command, had received great indulgence from him; and, finding that indulgence had been improperly exercised, and that on their account as well as his own, he was about to be arraigned, they would necessarily sympathize with him, and that feeling would ensure to him a favorable decision, as his restoration would secure to them further indulgences, by giving him a triumph over the laws of the country and the regu- lations of the corps. About the last of December, 1837, Captain Wheelwright was ordered to the command of Galveston; and as commander, he was bound forthwith to report the condition of the vessels and public stores at the post. The discharge of his duty was neglected, and until the 18th of April, nearly four months after, he made no report; it was his duty to make quarterly reports, and this was neglected. Repeated applications have been made by the Executive to the Navy Depart- ment for intelligence, and even the minute condition of that post, but, owing to the neglect of the officer in command, it was impos- sible for him to derive the information desired. 'With a view to establishing a regular system of business in the Departments of Government, and particularly in the Army and Navy, the President, as early as the 6th of February last, had published and distributed the regulations~ which were based upon the laws of the land; this being done for the purpose of establish- ing accountability in those who might have entrusted to them either the defences or the resources of the country. It was believed that no officer, regarding his honor and the welfare of the Republic, would wilfully neglect or openly violate them; in this, the President was mistaken. For the information of the Honorable Senate, a copy of the regulations will accompany this communication. That no misapprehension could arise as to the power of making contracts without the consent of the President, it will be seen
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