Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-05-22

racks in the State Of Missouri, the l9th OF March
last at which Captain JoHs CAN'T, OF the 9th RegI'
ment Of Infantry, was arragned on charge OF Know
ngy signing false certificates in relation to his pay
There were four specifications under this charge Inc
order from the Adiutant Generals office reeites the
proceedings Of the Court Martial, who found Captain
CAN'T guilty of two ofthe specifications, and sentenced
him to be dismissed the service, recommending MINI
at the same time to mercy in the following terms
The Court are aware Of the responsibility
they incur, in accompanying the previous tnd'
ings and sentence with recommendation 10
exec uiive clemency. They cannot, however
re sist the impression, that Captain Can't DID,
Throughout, The entire transaction, act upon Inc
ultjm ate intention of himself redeeming the pay
accounts transferred 10 Mr.. Kennerly. Pecu,
liarly slow, however, in matters OF personal
Government, this determination, though once
expressed to Mr.. Payne, an agent Of henner'
Tvs, he was never fortunate enough 20 carry
iIto practice.
Under this view Of the case, they beg leave
respectfully to recommend him TO the merci-
full consideration Of the President"
..,-.1,.s..s
recommendation Of the Court thus assigned in the
General Order:
"From the facts produced 10 the President,
it appears ,ha, Captain CAN'T was tried for a
similar offence land pronounced gully, on the
26th Of March, 1928, to wit, for receiving his
pay twice for the months Of January, February,
March, April, May, and June, in the year 1927,
and was sentenced to be suspended for year,
which proceedings being brought 10 the consi-
Iteration of Brevet Major General Scott, were
disapproved, because Of Certain apparent in
formalites. At the close Of the year 1927, he
,r,,ttc ha off, md Ia hu n
competent court; he is sentenced 10 be dismis
sed the service.
Son the 9Th o: June, 1927, an order issued
from the War apartment, prohibiting officers
10 pass away or transfer their pay accounts for
any amount not due at The time, whereby to
remove all pretences Of excuse and defence, on
the ground Of mistake, and accident. This
positive order, Captain CAN'T has violated, and
seeks now to excuse himself for having receiv-
ed his pay twice, during seven or eight months
of The year 1927, by charging il as mistake /:
a mistake entirely resulting from an act OF his
own, and which, act was in violation OF posi-
tive Iule Of the Department Of War.
The President, under full view Of all the
circumstances of the case, directs me to say,
that, great as would be the pleasure afforded
him 10 adop, the recommendation Of the Court,
anu VI tue OHlCcTS OI TIC ON NcRiIHCHl, WIN
have petitionrd in his behalf, he is constrained
10 approve the sentence 4 faithful discharge
Of the duty he owes to the country, and espe'
ciaIly to he character Of the Army, forbIds the
of Executive clemency. The high
character 10 which the American Army may
righfully assert claim, and which he hopes
they will always be careful TO maintain, forbics
him to sanction, through the exercise Of feel
ing, any practice, the countenance and extern
sion Of which could not fail,o prove de,rimen-
tai, and TO impair that pride of feeling, which
alone can render an officer Efficient and valua-
Bile. Officers of the Army, Gcvotiug their SER
vice and time to the country, should look to,
and live upon their pay and by INDUCING
proper and prudent economy, endeavor to
avoid that condition Of things, resulting from
pecuniary embarrassment, the tendency Of
which must be to induce 10 error and miscon-
duct. The duty is an unpleasant one bu,
painful as it may be, the President conceIves
il better that single offsnding member should
be Topped of, than. by the exercise Of clemency,
and the consequent force Of example, to en-.
courage, for The future, any similar Improperly
IN others
/" BY order Of lhe President of the United
States: JOHN II. EATON"