The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-04-12
THE UNION.

| nvesgaed-l
my objection his withdrawal from the prose and
respectfully ask the court order him prosecute the
case In making this application, hope shall not be
thought ptious, or considered troublesome
am aware that apder the eircunisa of this
every inference OF fact from cen Scott own conduct
is in my favor and should submit the case 10 court
present application but for the great we character
possessed by Gen Scott, and for his having substantially
If the court shall decline to make the order upon Gen
Scott requiring him TO prosecute the beg call the
attention OF the to the position in which this will
then stand The charges having been preferred by Gen
Scott entertained and their investigation ordered by
This court having convened for their investigation Gen
Scott seeks to defeat the investigation 10y Withdrawing from
the prosecution. The charges are, however still before
| the court, and undisposed Of
proceed The authority OF the court derived from the
der of the government from Gen Scott and its duty,
under that order OF the requires 10 proceed
with the investigation whost regard Gen SCOTS
Neither civil military will permit the pu
of Justice and the rights Of parties be defeated or endan
gered by the course prosecutor. The prosecutors
ing before the court bound by its older, and
will NOT be allowed control the action of the court or to
relieve himself from difficulty by whdra wing from the
prosecution of which he cannot sustain where he
has been the means OF doing INJURY by nsutng the pro-
| eeedngs,
the of othersto victims
of his dispeasueto hold them prisoners until his app'
cation could go three Thousand miles and court be order
is convened and the party is before that court ready and
for mvestigatlon-under such circumstances,
after all the injury which the party can nict has been ac-
complsed and after false Imprisonment of ninety days,
cution and thus defeat The investigation and. ia the
act OF wihdrawa endeavor fix deeplythe inu
accused is proceeding which it will be difficult find
parallel in the history Of any civil or military tribunal
injustice. respectfully maintain, that while these charges
before the (and they We're placed there by the
order of the President the United States, and by Gen
Scott) that is bound in duty and IN law to proceed WIN
the investigation; and stand here and respectfully de-
character be thus backened and uaduced with nPnn
nifty and beg OF this court to allow me an opportunity OF
Il ,licati uvcO
While therefore, must submit to any decision of the
court deem il my duty present this application the
only hope left Of removing the npuatons cast upon
paper in which General Scott withdraws from prosecu
tion Respectful, sq6mi' paf IT ow Mai Can
j Major General Scott then submitted the following:
Mr. Presdent and Gentlemen of the Court have heard
unolHcially, with extreme pain, that you are likely to
instructions of the Executive, whether shall be held to
prosecute, before this preliminary court the charges and
Il specifications which have heretofore preferred against
Major General Pillow and Brevet Lieutenant Colonel Dun
can -, :,
prisoner of this somewhere In the republic OF Mexico
without command, until the of the vomito the
Of November-a period Of more than months-uness
indeed. the whole army should in the mean time ayac
shall be ready to share with all the dangers Of pes
This necessity of attending upon the court results from
the commands Of the Executive through the War Depart
"You are directed by the President to attend the court
inquiry wherever it may hold its stings; anti when YOU
longer be required and you are notified of that fact by
court you will report IN peron ut this department Tor iu
NV inca ceration therefore, would be complete
during the interval of forty days. more probably, judg
one hlndred-I may visit New Orleans, and take, going
and coming the double hazard of falling by the yello"
Certainly this could any decision before
or after all the investigations calculated 70 operate more
| Mr.. Presidents among the many reasons have hereto
submitted for declining a, his time
&c, had preferred against Major General Pilow-not &c
recall the of Lieut. Colonel Duncanthe sixth in
The hand when the and the par
ties will be able leave this country Tor home without
great peril to life"
That reason the understood wish of the Executive
vestgatng the referred in the orders the courts
record-combined with my extreme desire, since
ence upon me, perhaps all the other weghy consdera
have so y sna s es
that Lieutenant Colonel Duncan after his
to certain inquiries which recorded.
In respect my case, did suppose it would de-
lay beyond few days. when had expected to be
longer required. AS TO this case attitude still Is def
If then Mt President am to be held here prisoner in
the enemys country under all the hardships to which
have alluded until messenger and return from
up whenever the shall say the of Major Cen
eral ownotwhstanding the probability that ratified
vestgaon by the ime perhaps, the second charge shall
have been entered upon
OF the witnesses should CALL if there be time, to
support charges their specifications, eigh-
teen are STILL believe in this country About twelve have
returned to the United States The of these shall
be ready to hand the Judge advocate in
der that they may be summoned &c, unless the court
shall Ioresee an early adjournment the United States
In respect the absent witnesses, desire say, that
several ordered home by the sttran November
before had famed any of arestng the general
officer in qYesn, and, indeed, before had become ac,
quained, ZxOeP very partially with small number OF
the second, December and the Sd, January l4oher
i Witnesses were allowed depart because thought 1t
would be as easy under Maj Gen Pillows refusal to take
dispositions here recall ALL as would be to recall or TO
i take the dispositions, by commission, of the few.
i Some other witnesses down by the last train,
March 6 under the directions of my in COM
Il mand. Respectfully suDmltteu, . ,>,,>.r,y
| (Signed) WINFIELD SUI IL
Il Mexico, March 20, 1913.
The court after again deberatlng decided to take up
the case OF Mai Gen Pillow and the commander in
chief submitted the charges and specifications.