Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, 1837-02-28

calculated to lead to successful results, ana
that it was prosecuted by him, as far as
practicable, with zeal and ability, until re-
called from the command, upon representa-
tons made by Ma jor General Iesup, his
second in command, from Fort Mitchell, IN
a letter bearing date the Goth of June, 1886,
addressed to +. P. Blair, Esq, at Wash
ington, marked "prirate," containing re-
quest that it be shown TO the Preslden',
which letter was exposed and brought to
light Ivy the dign;fed and magnanlmous
act of the President, in causing tito be plac-
ed in the Department of War. as an OF.
fetal document, and which forms part of
these proceedings (see document No. 2l4:)
Conduct so extraordinary and inexpllcable
on the part Of Major General Jesup, in
reference to the character of said letter,
should, in the opinion of the court, be in.
yes,igated."
The foregoing opinion is not accompani-
ed by any report Of the facts in the case,
as required by the order constituting the
court; on the contrary, the facts are left
to be gathered from the mass of oral and
docun, ?ntary evidence contained in the pro.
ceedil1Ss and thus most important part
Of the dutv assigned to the court remains
unexecutol. Had the court stated the
facts Of the case, as established to its
satisfaction by the evidence before it, the
President. on comparing such state of facts
found by the count, with its opinion, would
have distinctly understood the views enter
tanned by the court in respect to the degree
of prompttude and energy which ought to
be displayed in campaign against Indians
"a point manifestly Indispensable to a COR
rect appreciation of the opinion, and one
which the Presidents examination has not
supplied, inasmuch as he has NJ loeanS OF
knowing whether the conclusions drawn by
him from the evidence agree with those OF
the court.
The opinion of the court is also arSu-
men,ative, and wanting in requisite precis-
ion; inasmuch as it states that "no delay,
which it was practicable to have avoided,
wa. made by Major General Scott, in OPEN
ingthe campaign against the Creek Indians,
&c. &c" thus leaving it to be inferred, but
not distinctly linding, that there was some
delay, and that it was made by some per-
son other than Major General Scott; with
out specifying in what such delay consisted,
when it occurred, how long it continued,
nor by whom it was occasioned. Had
the court found state of facts as required
by the order constituting it, the uncertainty
now cxsing in this part of the opinion
would have been obviated, and the justice
of the opinion itself readily determined.
That part of the opinion of the court
which animadvcrts on the letter addressed
by Ma or General Jesup to F. P. Blair,
ESQ. bearing date the 10Th Of June, 1886,
and which presents the same as subject
demanding investigation, appears to the
President to be wholly unauthorized by the
order constituting the court, and by which
its jurisdiction was confined to an inquiry
into the causes of delay in opening and
prosecuting the campaign against the hos.
tile Creeks, and to such subjects as were
connected with the military operations in
that campaign. The causes Of the recall
of Major General Scott, from the com.
mand, and the propricty or improperly Of
the conduct General Jesup, Of in writing
the letter referred to, were not submitted to
the court as subjects of inquiry. The court
itself appears to have been of this opinion,
inasmuch as no notice was given to General
Jesup of the tendency Of the proceedings,
nor had he any opportunity to cross-exam-
inc and interrogate the witnesses, nor to be
heard in respect to his conduct in the mat.
ter remarked on by the court.
For the several reasons above assigned,
the President disapproves the opinion of the
court, and RENTS to it the proceedings in
question, to the end that the court may re-
sumo the consideration Of the evidence;
and from the same, and from such further
evidence as shall be taken, lin case the
court shall deem it necessary to take turth.
er evidence.) may ascertain and report,
with distinctness and precision-especially
as 10 time, places, and distances, and other
circumstances, all the facts touching the
opening and prosecuting of the campaign
in Georgia and Alabama, against the hos:
tile Creek Inlians, in the year 1886, and
the military operations in the said campaign;
and touching the delay, if any there was,
in the opening or prosecuting Of said cam.
paign, and the causes of such delay; and
to the end, also, that the court, whilst con-
fning its opinion to the subject matters
submitted to it, may fully and distinctly cx.
press its opinion on those matters, for the
information of the President.
The Secretary of War, ad interim, will
cause the proceedings Of the court on the
subject of the campaign against the Creek
Indians, with the documentary evidence
referred 10 herein, and copy Of the fore.
I xDI ho,2