The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-10-07
TRIAL OF CAPT. SETH B. THORNTON,
OF he ID rsginsai U. 3. dag0OFs
tooscLUDED.l
FouRrH pAY, July

lcokcLUDED'I
FoURrH DAT, July l5
The accused 10y his counsell then read to the
court the following defenoe'
Mr.. President and gentlemen o. The Court!
A long established principle OF our profession am
a stern sense of duty on the part OF my aecuser,
am bound 30 believe IN justice TO him and TO myself
bring me before you as unfortunate commander
Success, / am aware, is the criterion by which a
military man ia generally, If not always, TO DC
judged. But even il | should not be able TO con
vince your minds that success was not wanting IN
the result Of my expedition, yet hope TO establish,
and feel confident IN my ability 10 do II, lhat the
failure il not attributable Ia any omission on my part
of the "neeessary and customary precautions"
On the night Of the 24yh April last, | found my
self charged with the execution OF the Instructors
specified under the second charge upon which am
arraigned. Ny command, 0s officially reported 10
Col. Twiggs, my regnenlal commander, consisted
Of three commissioned officers and Jyy-ohs rank ana
file. The verbal instructions given me by the com
handing general, according 10 his own testimony,
were very SIMILAR 10, II not IDENTICAL with, those ~
writing with the addition Of requiring me TO ascer-
tain III practicable whether the enemy II he had
crossed had artillery, and limiting me, IN time, TO
IL O'Clock the next DAY. The manner IN when
executed these instructions is SO fully and, to my
mind, so satisfactorily explained IN the testimony
Of Captain HaTdee and Lieutenant Name, Witnesses
for the pro ecution that have deemed II uniecessa
ry to call one of the numerous Witnesses summoned
for the defence. They only could and would have
confirmed what lie already before you. The want
Of one material witness, however, has prevented ne
fron laying before the court in the strongest, most
direct, and most positive terms, The very minu,e
and eircumsianIial instructions gwen by me 10
my advance guard when l learned that the enemy
had probably crossed the river. My loss, however,
whatever may be the consequences TO myself, Is m
significant, when compared with that sustained by
the service, by the country, and by the iriends OF
IL a. gha fall
lived in the determined execution Of his duty, re-
gaTdess OF all personal consequences except the
preservation ofthAt reputation which he has lett as
rich inh, riIanes To his friends.
The testimony Of Captain Hardee upon nearly all
matters connected with the squadron, previous to
his entrance with il into the field where we were
captured, 10 purely nkgaiirs-his distance IN my
rear-l5O or 300 yards-the darkness Of the night,
and nature Of the country, rendering Il impoasio'e
for him TO observe my movements or dBposltohS'
except such as related to himself, with any preei-
sion.
IL is clearly established by the testimony for the
prosecution, as well as defence, that | marched
about o'clock, on the night Of the Oath OF April,
having thrown forward an advance guard, under
non-eommissioned officer, with which placed my
guide: That this advance guard, increased al a sub
sequent time was kept up TO the time OF entering
the field where the squadron was captured; That
"aGnksrs" in the words Of Captain Hardee, were
impossible at any time !" $50 thick the country
through which we passed." and that 'the road IN
almost its entire length, perfect de6e, and so
narrow in some places as to render dliieu'' Tor
single horseman TO pass.n Lieutenant Kane, whose
position with me at the head OF the squadron ena-
bed him to observe all that was done, says, that
1--WE moved taking the usual precautions OF silence,
&c, that "orders were given by the commander OF
the squadron 10 prevent noise from the sabres even
and that these orders frequently repeated and
passed down the squadron" Captain Hardee, who
had previously been over this portion OF the road
says inquired Of him where a strong position could
be found for short rest, which deemed necessary
for my horses aud men, and that, when halted Tor
this rest, placed sentinels on the road IN both d'
recticns, so that no one could approach without
my knowledge.
Both he and Lieut.. Kane agree as to the minute
precautions taken by at this time TO render sur
prise impossible -requiring all my men to hold their
brides, and be ready TO mount and move IN case o.
any alarm. A. lhs place rested until near day
light. thinking il imprudent to move, during the
night too near to an enemy of such superior force
as was reported to have crossed the river, especially
when he perfectly acquainted with the country,
and was most profoundly ignorant OF It. About
daylight procee I'd up the river with the same d's'
pastions and precautions had used the night be-
fore. Constant Inquiries made, says Captain
Hardee to ascertain if the enemy had crossed the
river and that Twas invariably told they had; but
al spoke ss he believed, from rumor." More than
one member of this court has had sufficient expert
was not reliable information. The false alarms
which had occurred in our own camp for month |
previous, through which the enemy's spies had
passed unmolested, and even made drawings OF our
deences marking the positions Of our held officers,
and their names, with the strength OF their COM |
mands were sufficient of themselves to make one |
receive with great caution any representations OF
their own as to the position or strength OF theIr
forces
Deeming my dispositions prudent and safe,
moved on without changing them until came upon
three MexicaDs at a "rancho" some ten miles from
nv restng-place. Here the suspicious conduct OF
my guide caused ne &c doubt his fidelity; and sub |
sequent events have but confirmed my suspicious
His deserton from army almost Immediately |
after cur capture, his reception and pardon IN the
Mexican army, and his presence (Which he has
aimee cunfvssed) upon the field Of Palo Alto, with
General Arisa, leave no doubt in my mind of his
being employed, in connection with other spies, to
lead u.s. % they did, into position from which re-
treat was Impossible. One man, who was very Of
fcious in pointing out our route, left US when ths
guide did, and was afterwards recognised 10 uni
form at orr capture Having learned at this house,
as he no doubt did, in his whsperings with his &C
complices that his treaahery was successful, and |
his object attained, this guide determined on Ieav-
ing me- for fear, he said, of being Killed by the
Mexicans If his fears Of receiving justice at my
hands, however, did not operate more strongly III
bringing him to this conclusion than any he enter
tanned for his own people, with whom he has since
united, then he is as much injured as am decc'v
ed. Subsequent information Of the most reliable
eharacter convinced US all that our return to camp
was absolutely cut off at this time, the enemy hav-
ing gained our rear with five hundred cavalry and
one hundred and fifty Indians One of the strongest
reasons for believing that my guide was
treacherous is the fact of his returning to our camp
without molestation from this force, and reporting |
our capture. .....s.. q,
~ At this place was told the enemy was near, and
-; f,-ca. md tho conduct of guide giving Sc |
rious apprehensions, ! increased my advance guard
10 non-comnlissioned officer and ten privates, and
placed it under the command OF Lieutenant Mason
The mos minute and positive instructions were
given them to keep quarter Of mile ahead of the
squadron; to be vgilant and cautious in his move
ments and to return and 10 report to me, should he
see an enemy, after having reconnolred HIM as far
as consistent with safety, but in no event to fire un
less obliged to do So and then to fall back with all
celebrity for support
From this rancho moved without guide, hav-
ing failed in my endeavors TO induce Chpre to pro-
reed NV orders to Lieutenant Mason were execu-