The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1837-10-10
GENERAL ORDERS, NO. 03.
HEAD QUARTERS OF THE ARMY, }
ADJUTANT Generals OFFIcE,
W1sbiagf0n Orr. @ 1877 \

Washington, Oct. 2, 1897.
1.-THE Court Of Enquiry. instituted by direction Of
the President Of the United States, whereof Brcve Ma
or General Winfield Scott is President, and which
convened on the 4th September, 1887, at Knoxville,
Tenn, pursuant to General Order No. 49," TO
mine into the transactions Of Drevct Bgader General
Wool, and Others under his command, in reference to
his and their conduct in the Cherokee country called
forth in letter from his Excelency the Governor
of Alabama, dated July 3, 1887, addressed the Sc
cre.ary Of War; and in the Joint resolutions OF the Sc
nate and House Of Representatives Of that State has
reported the following
.oPINIoN."
"The Court. after fully weighing aud considering
the whole Of the testimony submitted in the case
Of opinion, that not Of the impufaons the
duct of General Wool, contained in the preamble to
the Joint resolutions Of the Legislature Of Alabama,
the letter Of his Excellency, Governor Clay to the War
Department, which enclosed the said resolutions, is
founded in justice or in fact II will be seen that
the application Of the Judge Advocate to the Executive
Of Alabama for documents and the Of witnesses
to support the accusation against General Wool, the
late Governor (the Honorable c. G. Clay) replies
The only official information received in refer
the conduct Of General Wool, will be found in
the Executive Archives | not informed Of the
names OF the witnesses to prove the charges against
General Wool but presume the officers who served
under him. in that part Of the Cherokee Nation lying in
Alabama, would be competent TO prove the orders,
which were the subject Of complaint And the acting
Governor (his Excellency, II. McVay,) says: Having
caused examination to be made, nothing anbe found
file in this Department which will enable 10 fur
nish the information desired, nor able to comply
with your request from other sources Pursuing,
however, the suggestions OF the Honorable Mr. Clay,
that the officers who served under him General Woody
in that part of the Cherokee Nation lying in Alabama,
would be competent to prove the orders which were
the subjcc, Of complaint, the Judge Advocate, prnci
pay at the instance Of General Wool. summoned many
Witnesses and the latter has also freely submitted to the
Court every paper in his power which, would seem,
belongs to the matter under investigation.
+ From this Of evidence, parole and documcn-
ary it appears that, in his conduct towards Alabama
far from disturbing the peace Of the community
and trampling the rights Of the people, Gencral
Wools acts strikincly marked by caution tenn
per, and ldness, to receive the almost universal
appreciation Of the very people whom he is charged with
having outraged.
Another, and the principal accusation contS4hed in
the letter Of Governor Clay to the War Department,
(cvidcntly founded the preamble Of the said Joint
soution is that General Wool had nsarPcd The po,ccrs
Of The cieH tribunals Of alabama: and the said prean-
bic forth that company Of volunteers in the
vice Of the United States, under the command Of Brl-
gader) General Wool, have been stationed in the
try lately owned by the Cherokee tribe Of Indians in
this State, for the pretended purpose Of keeping peace
between the said tribe of Indians and the citizens Of
the State, and have taken upon themselves the autho
rity 10 adndicate upon the claims Of citizens 10
their right the possession of Improvements and in
the endorsements of these adudicalions have brought
about most runous and fatal conflict between
worthy citizens, the consequences Of which have
already resulted in the taking OF each others lives The
case here referred to has been most fully developed IN
the evidence, from which appears, that the Indian
children Of one John Gunter deceased through the She
rh (Rdde) Of Jackson county, administrator o6icic
under the orphans court claimed the possession OF
tain Improvements, Of which Nathaniel Steel, white
man, in the actual occupancy that the appca-
IN hat effec m hv al
mnisrator, General Wool decided the case, with tho
previous appreciation Of the said Steel giving the right
OF possession to certain part Of the improvements
the Administrator with which decision Steel expressed
himself to be satisfied that captain Morrow who
manded a volunteer company three four miles of,
received instructions from General Wool to put the
administrator in possession of that part of the improve
ments adJudged to him that Steel quietly, and without
the application Of military force, consented give up
the possession and hogan accordingly to evacuatc the
premises upon which Captain Morrow, and the small
detachment that was with him, withdrew to his camp,
distant aforesaid and that the conflict which after
wards occurred neither in the presence, at the
moment within the knowledge of any officer or soldier
in the service Of the United States
II is further in proof, and indeed fully admitted by
General WOOL that he decided many other claims, pre-
ferred by Indians to Improvements wronyfly possess
ed by citizens OF the States and il would appear that
in all these his decisions acquesced in
only without conflict, but without, complaint Tho
question now occurs; BY what authority did General
Wool tako upon himself 10 give decisions the class
Of cases just rccted aud in doing So, did he,
cnnls charged from high quarter, usurp the powers
Of the civil tribunals Of Alabama The 18th article of
the treaty between the United States and the CheIo-
KEGS, ratified May 90, 1885, allows those Indians TO
the country therein ceded to the United States
up May %, 1885, and the United States stipuIate
to protect and defend them he said Indans) in their
possessions and property and the free and occupa-
ton Of the same This treaty isrepeaedy referred TO
IN the iustrnc from time addressed Gene
raj Wool. by the War Department, and cmphati-
caly by President Jackson HIMSELF in letter to the
same commanding officer and in each case, rule