The Arkansas banner., 1848-04-11

fetetaneo N0 AH3 Wuttff Nt ay appfHts 1 NU undNef and inseFeds o to stssice aa well as the rights of the parties concerned. required that MscF General Scott shoeid be suspended from command. pending the investigation.
 Where then, is to be found the .spfs- -judvemtntp and "pRnishmeniv 90 bisiefiy complained ef Cer- iainly not fhe action of the GoyefnmeHi--and evcn if found there, wherein am responsible for t But, f General Scott means thatppblic uyinion han s'pFc-jndged'an and punished. hitn, still Iess can b held accountable for She decision of that tribunal --it judges men according t9 their acts. Pabiic opinion isa severe, but upf Rlh judge before whom, 'sthe inEacent have nothing te lear"
 As regards my oM case. have not been "pre- acquitted" nor have been aFcwArded.n
 The charges of Ma Gen. Scott against me, hase not been dismissed nor do desire that they should be. am prepared tc meet not only the specific charge preferred against me but nlso. that sother probable matter" wheFcMish 1 have been menaccd But, as tho charge preferred against me, by Maj. Gen. Scott, was based upon my appeal to tho Gov crnmeRt against tho injustice of that officer towards myself. tho Government, iR accordance with law and justice, has suspended the accusations against me, until those previously preferred by me shali have bceA dieposod Of.
 In referAnce to the ''Fcwardv spsken af by Mai. General Scctss he can only mean my assignment io eomtnand, according to my brevet of Maj General. by the President of the UniscA States. If correct in this conjecture, tho alInson s most unfortunate; inasmuch the Presideut by thls act, only did in accordance to law, what Gen. Scot had done, fn violation og it, nearly year beforetbe propsie. ty of which acf, the part of General Scott l. at the time repudiated
 . Gen, Scott l'as eeenPleased publicly 10 announce that nt the end of this Court hc saai abc dono with him ftns5 fosuveT.D so. Lhave the consoia- ton of knowing that the ties oi friendship. formed from intimate personal and professional association. and strengthened. for thisiy-fve years, by many reciprocltles of kindness and obligation, have not been broken asunder by any act of mine. Very respectfully submitted.
 ". J. WORTH, Bvt. Maj. Gen. LISA.
 Mexfce, March n, lSas.
 After cons;ds -able discussion, fhe Court decided that @furthes prucec.'ngs in this case he stayed nn til report he made to, and instructions received from the War Department"
 The case of Con. Pillow was again taken up and the following papers which eontain the rss of the points made by the parties.
 MKxIco. March 261s, leis. Mr. Pyesideni and Gentlemen of fihe Coarf:
 It will be seen in the paper presented to the Court by Gen. Scott on tho l6th inst, that he refuses 10 prosecute the charges preferred by him against me, bat does not withdraw them.
 In the reply 10 that paper. which Isubmltted upon tho l7th inst, endeavored to show that the assigned by him were not those which determined his course, and expressed my readiness and anxie y to proceed with this investigation.
 Gen. Scott still persists in his determination. In his paper, however, he recognizes the right of this Court to order him to prosecute the case.
 In order, therefore, that may not be understood as assentng te his ecu se-not as waiving even that mode of having his charges investigated, now distinctly inferposc my objertion to his withdrawal from the prosecution, and respectfully ask the Court to order him to prosecute the case. In making this application hope shalt not be thought captious or considered troublesome.
 1 am aware that under tho circumstances Of this case now presented to the Court, every presump- ton Of law and every inference of fact from Gen. Scot's own conduct, is in my favor--and should submit the case to tbe Court, and the impartial judgment of just public, without my present ap- picaiion, but for the great weight of character pcs sessed by Gen. Scott. and for his having subStan- tiay reiterated his charges in bis communication to the Court
 IT the Court shall decline to make the order upon General Scott requiring him 10 prosecute the case --l beg to call ihe attention of inc Court 10 the position in which this case will then stand. The l charges having been preferred by General Scott, were entertained, and their nycst sation ordered by the President.
 This ccaft having convened far their investiga tton Gen. Scott seeks 10 defeat the Investigation by withdrawing from the prosecution. The chages are, however. still before the Court, and undisposcd os. ! A prosecutor is not necessary to authorise the Court 10 proceed. The authoIiiy of the Court Is derived from the order oI inc Governments not Gen. Scot and its duty under that order Of the ;oycFn- nent requires il 10 proceed with the investigation without regard 10 Gen. Scot's course. Neither civil nor military coaris will permit the purposes oi jus tics and the rights of parties to be defeated or dangercd by the coutss of prosecutor. The pro- secutor, having once before the court is bound by its order, and will not be allowed 10 control the action of The Court or fo relieve himself Iron tih cuty by withdrawing from the prosecution oi n case which he cannot sustain, where he has been af dT inw in f,v in ceedings.
 To allow an officer to prefer charges, seriously affecting the character and repuation of others-to arrest the victims of his dispcasure-to hold them prisoners until his application could go three ;iio;;s- and miles and Coutt be ordered and travel to the seal of war, and then, when that Court is convened and the party is before the Court ready and anxious for an investigation, under such circumstances. af- ter all the injury which the party can inict has been accomplished, and after The false inprlson- ment of ninety days, to allow prosecutor quietly to withdraw from the pros cu ion, and thus defeat the investigation and in the very act of withdrawal 10 endeayor 10 fix more ndeiby the stain upon tho character of the accused, is proceeding 10 which t will be difficult 10 find parallel in the history of uny civil or military tribunal.
 cannot in siIenee submit to what conceive 10 be such niuslice; respectfully maintain that while these charges are before tho Court tand they were placed theSe by the order of tine President oi tine United States. and not by General Scoi) that 1t IS bound in duty and m law 10 proceed with ihe in vestgation, and stand here and respectfully de- nand, legal right. that II do so. cannot sui fer my character to be thus backened aud traduc- ed with impuniy. and beg of this Court io al low me an opportunity of vindicating my conduct against the imputations of the pros ecutor.
 While. therefore, must submit 10 any decision of the Cenri, deem 1t my duty topresent this ap- plcstion the oniy hope leit me of removing the mputaiions cast upon me, not only in ihe charges themselves, but in the very paper in which General Scott withdfaws from the prosecution. Respect fully submitted.
 GID. J. PILLOW, Mai. Gen. U. $. A.