United States vs. D. H. Hayden, Acting Master, USS Tennessee
David H. Hayden, the former XO of the USS Tennessee, tried to resign his appointment on 21 October 1862 before he went to trial, but it was denied by Washington and he was dismissed effective 29 November 1862.
Nov 3, 1862
10 o'clock AM
Court met. Present:
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Commander A. B. Cummings
Lieut. Commander A. W. Weaver
Lieut. A. W. Reed
Paymaster C. W. Hassler, Judge Advocate
Acting Master D. H. Hayden, the accused, also present.
The Precept Order for the Court, order to the Judge Advocate, and the Charges were read.
The Judge Advocate then asked the Accused if he objected to any member of the Court, to which he replied in the negative; and if he had been furnished with a copy of the charges to which he replied in the affirmative.
The Judge Advocate and the Court were duly sworn.
On being asked if he desired counsel, the accused replied in the negative.
The Judge Advocate having read the charges to the accused addressed him "you have heard the charges preferred against you, how say you guilty or not guilty?" to which the accused replied "guilty."
Acting Assistant Paymaster B. F. D. Fitch, of the Tennessee, was sworn as a witness for the defense.
Question by the Accused: Have you seen anything in my character while you have known me that would convince you that it was bad?
Answer: No, nothing that I have ever seen would convince me that his character was bad.
Question by the Accused: Have you seen anything that you would consider an interference in my duties as Executive Officer and by whom?
Answer: I do not know that I can point out any interference with his duties as Executive Officer. I merely have heard him complain but I do not know anything myself.
Question by the Accused: Did you know nothing in regard to the Ward Room boys being on the berth deck and that the caterer said that Captain Johnson said he never gave any such order as having only two boys in the salon.
Answer: I know one time the boys were taken out of the salon and sent forward to work and when some complaint was made they were sent back. Mr. Hayden said it was the Captain's order.
The testimony was read over to the witness who said it was correct.
John D. Childs, Acting Master attached to the Tennessee at the time specified in the charges was sworn as a witness for the Defense and testified as follows.
Question by the Accused: Has not my general character have been good since you have known me both on the Varuna and Tennessee?
Answer: It has.
Question by the Accused: While you please to state in regard to my duties as executive officer.
Answer: It is rather a difficult question for me to answer. As far as I know of his doing his duty it has been good up to a week or two of his leaving the ship and then there seemed to be a disposition to neglect his duties as Executive.
Question by the Accused: Did you not see and know of many aggravating things transpiring within a short time of my arrest such as the Doctor leaving the ship without reporting and it apparently being countenanced by the Captain?
Answer: I know nothing of the kind.
Question by the Accused: Did you not know about my having trouble with a quartermaster that Captain Johnson made without my knowledge and that Ackleman refused to obey my order and said he would go for the Captain?
Answer: No, I know nothing about it.
The testimony was read over to the witness who said it was correct.
The Accused then presented the statement hereto appended and marked E. The statements 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, Acting Master D. H. Hayden, as follows:
Specification: Proven by the admission of the Accused.
Of the Charge: Guilty
And the Court do therefore sentence the said D. H. Hayden, Acting Master -
To be dismissed from the Naval Service of the United States; sentence to be read on the Quarter Deck of the vessels of the Squadron.
Captain R. B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Commander A. B. Cummings
Lieut. Commander A. W. Weaver
Lieut. A. W. Reed
Paymaster C. W. Hassler, Judge Advocate
Approved and forwarded for the approval of the President
D. G. Farragut
Rear Admiral
Flag Ship Hartford
Pensacola Bay, Oct 24th, 1862
By virtue of special authority vested in me by the President of the United States, in accordance with Article 11 of an Act of Congress approved July 17, 1872 "For the Better Government of the Navy of the United States," a Naval General Court Martial is hereby ordered to convene at 1 PM on board the US Ship Susquehanna on this 24th day of October 1862, or as soon thereafter as practicable for the trial of such persons as may legally brought before it.
The Court will be composed of the following officers, any five of whom are empowered to act, viz:
Captain Robert B. Hitchcock
Captain James S. Palmer
Commander James Alden
Lieut. Comdr. A. B. Cummings
Lieut. Comdr. Aaron W. Weaver
Lieutenant Allen V. Reed
and Edward C. Gabauden is hereby appointed the Judge Advocate.
D. G. Farragut
Rear Admiral
Comd'g West Gulf Blockading Squadron
Flag Ship Hartford
Pensacola Bay
Oct 28, 1862
Sir
You are hereby appointed Judge Advocate of a General Court Martial now in session on board the USS Susquehanna and will report to Capt. Robert B. Hitchcock, the presiding member, for duty in place of Mr. E. C. Gabauden.
Very Respectfully
Your Obedient Servant
D. G. Farragut
Rear Admiral
Comg'd W. G. B. Squadron
To
Paymaster
Charles W. Hassler
US Sloop Oneida
Charges and Specification of Charges preferred against D. H. Hayden, Acting Master, US Navy, lately attached to the US Steamer Tennessee.
Charge: Treating with contempt his superior officer, and being disrespectful to him in language whilst in the execution of his office.
Specification: In this, that the said D. H. Hayden, Acting Master, US Navy, did, on or about the fourth day of October, eighteen hundred and sixty two, while attached to the US Steamer Tennessee, under command of Lieutenant Commander P. C. Johnson, write and send to his Commanding Officer, a communication crouched in language of the following disrespectful and contemptuous tone, viz:
"Sir: The Executive Department having been thoroughly demoralized through your agency, I would very respectfully resign it, to me that can better submit your your pointed insults and is willing to take all the responsibilities with half the privileges belonging to the officer. It is an office I never sought and would not hold under you, but the consequences be what they may. I would recommend for my successor D. H. M. Wells, as he apparently has more to do with the Executive affairs, than I have had."
D. G. Farragut
Rear Admiral
Comd'g W. G. B. Sqd.
Flag Ship Hartford
Pensacola Bay, November 1st, 1862
US Frigate Potomac
November 3rd, 1862
In extenuation of the charge for which I am before the Court, I will state some facts (not to justify my writing the letter) but to show the manner in which Captain Johnson chose and did annoy and aggravate me. In August, while employed taking stores from the Rhode Island, between the hours of 12 and 4 A.M. (she having been in quarantine), I stopped one of the Tennessee's boats that was carrying stores, in order, to have more men to service there that there that were coming in the other boat,, and those in the Rhode Island's boas, which the coxswain told me was lowling. When Captain Johnson came onboard, he asked me, why I did not send the boat twice for stores? I told him that I wanted the men for service the stores, which were coming first. He wished to know what had become of all the men, to which I replied there as many as the Lieutenant. He had the gig's crew, and there were many servants (twelve or thirteen). He said he would be damned if there was not plenty of men, and grunted he knew what the hell so many servants were doing onboard. His orders were to order all the servants but two out of the salon (ward room and steerage) tomorrow and send them on the berth deck. I obeyed the order on the following morning and the Caterer of the Wardroom mess went to the Captain and stated I had taken all the boys but two from the Salon (ward room and steerage), and that I had done it by his order. The Caterer said, the Captain said, he did not give such an order, and that the boys should all go back to their former duties, which they did by his order, learning the office to miss that I had done it, on my own responsible and causing much dissatisfaction not having replaced them through me, but through the Caterer. The Officer of the Deck on being relieved (at 12 o'clock midnight) stated to me, that "the Captain was pretty full" He evidently meant he was full of liquor judging from his appearance and language on his return. On the following morning, I asked him what disposal he was going to make of the mail that came from the Rhode Island? He replied that he did not know there was one that came from her, showing that his memory had strangely failed him, in regard to events, that had transpired only the day before. At another time while laying at Ship Island, Captain Johnson gave me orders to get the anchor and proceed to Mobile, which I did and after having taken the ship outside the harbor and the cruise being shaped, I went to my room. During the watch a gunboat had been in sight and made signals, which were answered and then the Officer of the Deck called the Captain, who stated that the ship had gotten underway without his orders and wondered what would be done next. In this case it seems as if he wished to convey the idea that I had assumed command of the ship and had gone to sea without orders.
On the day I wrote the letter, I had orders to get the anchor and under no circumstances I was allowed to use the watch below and knowing that it would require all the watch on deck, I made out station bills for both watches, so as to have each man know his station, and thereby saving unnecessary delay, and unequal distribution at the several stations. On the morning in question I called for one man whose station was on the forecastle and he replied to me that the Captain made him a Quartermaster, and told him if I sent him to do other duty he was to tell me he was a Quartermaster and was to do no other duty and he refused to go to his station for me but would go if the Captain told him to.
Orders to the Officer of the Deck that if Captain Johnson came onboard and gave orders to go to sea, I wished to be called. When Captain Johnson returned he gave orders to get the anchor, but told the Officer of the Deck not to call me, but to get the anchor himself, by which he ignored me as Executive Officer. I might mention many such instances which evidence can be brought for proof if necessary, and I trust the Court will see the aggravating situation in which I was placed and be as lenient in their verdict as in their opinions they can considerably be. I feel myself aggrieved and wrote the letter while in a state of excitement and have since regretted having done it. I would state to the Court that I wrote the letter on the morning of I had the trouble with the Quartermaster but thrown it into my trunk and considered I would not send it but apply to be detached and ordered to the J. P. Jackson, but before I could see Captain Woodworth, Captain Johnson's treatment was such as to excite and anger me beyond my control, but in such a manner, as to be difficult to bring testimony to bear on it.
Acting Master
D. H. Hayden
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