which on her trip up the river exploded, whereupon about 1,100 men lost their lives who would not have so lost their lives but for the misconduct of the accused. This at Vicksburg on or about the 23rd, 24th, 25th, 26th, and 27th of April, 1865. Specification 2 alleges in substance that the accused "did assume unwarrantable authority in directing the arrangements for the transportation" of certain paroled prisoners, "and did without authority load and cause to be loaded a large number, to wit, 1,886, paroled prisoners on one boat, the steamer Sultana," being largely in excess of the number she could safely carry, "and when at the same time other and better conditioned boats were at the post of Vicksburg, ready and anxious to take a portion of said prisoners," the accused well knowing the same. "And Captain Speed, against the remonstrances of Captain Kerns, assistant quartermaster, against crowding so many men on one boat, did with criminal neglect and carelessness cause the whole number, to wit, 1,886 prisoners, to be placed on the said steamer; and afterward from the effects of which large load of paroled prisoners," the boilers of the Sultana exploded, whereby about 1,100 of said prisoners lost their lives. The court convicted the accused under the specifications and charge, striking out the words and clauses indicated above in red ink,* and sentenced him to be dismissed the service.

Major-General Wood, commanding the department, approves the proceedings, findings, and sentence, and forward the record to the Secretary of War for final action. It is the opinion of this bureau, after a careful study of the record, that Captain Speed took no such part in the transportation of the prisoners in question as should render him amenable to punishment; that his connection with the events which preceded the disaster to the Sultana was a wholly subordinate one; and that the facts developed in the evidence point out with distinctness other officers, whose indifference to the comfort of those placed temporarily in their charge resulted in, though without causing, the death of over 1,100 of their number. An examination of the findings of the court, contrasted with the specifications as originally laid, will show, indeed, that this was in fact the opinion of the officers who composed it. The gist of the first specification is that accused neglected his duty in that he failed to avail himself of the services of Captain Hatch, chief quartermaster, and Captain Kerns, assistant quartermaster, in procuring safe transportation for the paroled prisoners, and did assume upon himself to discharge the duties properly belonging to them; and that against their advice and remonstrances he insisted on placing all the men on the Sultana. The court find that accused did not fail to avail himself of the services of Captain Hatch, who was at the head of the quartermaster's department at Vicksburg, but only of the services of Captain Kerns, who held a very subordinate position under Captain Hatch; while the evidence shows that the Sultana was selected by Captain Hatch, and that Captain Kerns only advised against placing the paroled men aboard of her in the evening of the day she sailed, when he was the crowded condition of the men, and when it was impossible under the circumstances to divide them into two detachments. It is further shown by considerable testimony that Captain Williams, chief mustering officea's staff, and commissioner of exchange, was present when the men were put on the Sultana, counted them as they went abroad declared them to be comfortable, and insisted, in a conversation with Captain Kerns, that none should go on any other boat.

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*Here printed in italics.

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