Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1837-02-23
OPINION OF THE president.

Il derd 10 Investigate the Causes Of Me deiay
an the campaign against the Creek Indians.
/ The President has carefully examined the
proceedings Of the Court of Inquiry recently
held at the city OF Frederick, by virtue Of or
ders No. 65 and g. SO far as the same relate
to the causes of the delay in opening and
prosecuting the campaign in Georgia and
| Alabama, against the hostile Creek Indians
in the year 1896; and has matdrely consider
ed the opinion Of the court on this part of the
subject referred TO it.
! The order constituting the court directs it,
among other things, ITO enquire and examine
into the causes of the delay in opening and
| prosecuting the campaign in Georgia and
! Alabama, against the hostile Creek Indians,
in the year 1896 and into every subject con
nected with the military operations in the
campaign aforesaid; and utter duly investga-
ting the same, 10 report the facts, together
with lis opinion on the whole subject, for the
information of the President.
II 1t appears, from the proceedings, that after
the testimony of nine Witnesses had been re-
lceived by the court and after more than one
hundred documents, bearing on the subject,
had also been produced in evidence, and al
ter Major General Scott had addressed the
court on the subject, the Court proceeded to
pronounce It's OplnlOn as IOlIOWs:
II "Upon a careful examination Of the abund
ant testimony taken in the foregoing case, the
court is Of opinion that no delay, which it
was practicable to have avoided, was made
by Major General Scott in opening the Cam.
paign against the Creek Indians. On the
contrary, it appears that he took the earliest
measures to provide arms, munitions and
provisions for his forces, who were found al
wb nd MS ma
could be put into the hands Of the volunteers,
they were, in succession, detached and placed
in position, to prevent the enemy from retir-
ing upon Florida, and whence they could
move against the main body Of the enemy, as
soon as equipped for defensive operations.
II "From the testimony Of the Governor of
Georgia, of Major General Sanford; comman-
der of the Georgia volunteers, and many 9TH
er witnesses Of high rank and standing, who
were acquainted with the topography Of the
country, and the position and stlength Of the
enemy, the Court is Of opinion that the plan
Of campaign adopted by Major General Scott,
was well calculated to lead to successful re-
suits, and that 1t was prosecuted by him, as
far as practicable, with zeal aud ability, until
recalled from the command, upon representa-
tions made by Major General jesup his sec
ond in command from Fort Mitchell, in al
letter bearing date the 2Oth of June, 1860
dressed to F. p. Blair, Esq. at Washington.
marked "private," containing request that
it be shown 10 the President, which letter
was exposed and brought to light by the dig
nifed and magnanimous act ofthe President
in causing it to be placed on file in the De-
partment of War, as an official document, and
which forms part of these proceedings, (see
document No. 2l4.) Conduct so extraord+
nary and inexplicable on the part of Major
General Jesup, in reference to the character
Of said letter, should, in the opinion of this
court, be investigated"
The foregoing opinion is not accompanied
by any report of the facts in the case, as re-
qured by the order constituting the court; on
the contrary, the facts are left to be gatheredi
from the mass Of oral and documentary EVIL
dence contained In the proceedings; and thus
a most important part of the duty assigned toI
the court remains uneXccuted. Had the
court stated the facts Of the case as establish
ed TO its satisfaction by the evidence before
it, the President, on comparing such state OF
facts found by the court, with its opinion,
would have distinctly understood the views
entertained by the court in respect to the de-
gree of promptitude and energy which ought
TO Ire displayed in a campaign against Indians
"a point manfestly indispensable to cor
rect appreciation Of the opinion, and one
which the Presidents examination ofthe evi-
dence has not supplied, inasmuch as he has
no means of knowing whether the conclusions
drawn by him from the evidence agree with
those of the court.
The opinion of the court is also argumen-
tative, ard wanting in requisite precision; in
asmuch as it states that ''no delay ,ohich Il
10 h,Il
Major General Scott, in opening the campaign
against the Creek Indians, &c. &C., thus
leaving it to be inferred, but not distinctly
finding, that there was some delay, and that
that was made by some other than Major
General Scott; without specifying in what
such delay consisted, when it occurred, how
long it continued, nor by whom it was occa-
stoned. Had the cour, found a state Of facts
as required by the order constituting it, the
uncertainty now existing in this part Of the
opinion would have been obviated, and the
justice Of the opinion itself readily determin.
ed.
That part of the opinion Of the court which
animadverts on the letter addressed by Major
General Jesup to f. p. Blair, ESQ. bearing
date the Goth Of June, 1886, and which pre-
sents the same as subject demanding inves-
tigation, appears to the President to be Who'll
ly unauthorized by the order constituting the
court, and by which its jurisdiction was con.
fined to an enquiry into the causes of the de-
lay in opening and prosecuting the campaign
against the hostile Creeks, and into such sub
iects as were connected with the military OPP
erations in that campaign. The causes Of
the recall Of Major Gen. Scott from the COM
mand and the propriety or improperly Of the
conduct Of Gen. Jesup in writing the letter
referred to, were not submitted to the court
as subjects Of inquiry. The court itself ap-
pears to have been of this opinion, inasmuch
as no notice Mns nivcn to Gen. lesun of The |