APPENDIX. 511 



in his opinion nothing can justify it, nor any act done in a moment of 

 intoxication palliate the offence which is alike disgraceful to the indi- 

 vidual, the navy, and the country. 



He trusts that the examples now before the squadron will have a 

 tendency to prevent the commission of like crimes, and will have an 

 effect to induce those who witness the punishment to be inflicted, for 

 offences committed while under the influence of intoxicating spirits, to 

 refrain from the excessive use of them for the future. 



In consequence of the long confinement of Ward, his sentence is 

 hereby mitigated to thirty-six lashes, to be inflicted as I shall hereafter 

 direct, agreeably to the sentence of the court. 



The case of Riley is viewed by the commander-in-chief as extremely 

 aggravated, he having violated the laws for the government of the 

 navy by quarrelling and getting drunk ; but the commander likewise 

 considers his long confinement and the manner in which he obtained 

 the spirits as some reason why the whole extent of the punishment 

 should not be awarded. He therefore so far mitigates his punishment 

 that he shall receive but fifty lashes ; and that part of the sentence 

 dismissing him from the service, is hereby remitted. 



In noticing this case, the commander-in-chief has felt some surprise 

 at several circumstances which were brought to light in the course of 

 the testimony; and regrets that he feels compelled to exercise authority, 

 reposed in him by the government, on an officer who is every way 

 capable of doing his duty well and faithfully. 



The circumstances alluded to above have reference to the conduct 

 of Acting-Master's Mate, A. M. Cisney, of the United States ship 

 Peacock, for violating the rules and regulations by giving the crew 

 grog. His appointment is hereby annulled, and he is ordered to be 

 dismissed from the naval service of the United States. 



Charles Wilkes, 

 Commanding Exploring Expedition. 

 U. S. Ship Vincennes, 



Honolulu, October 28th, 1840. 



GENERAL ORDER. 



The naval court-martial now in session, having sentenced Michael 

 Ward, John Riley, and Peter Sweeny, and the sentences having been 

 approved by me, except so far as they are mitigated in the two first 

 cases, will be carried into effect in the following manner. 



Michael Ward will be punished with one dozen lashes on his bare 

 back with the cat-o'-nine-tails, alongside each of the three vessels of 

 the squadron now in port. 



