Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-04-08

Considering that the season is near al han. when the cour
and the parties win be able leave this country for home
Considering that there is near prospect Of peace be-
tween the United States and Mexico, which may be
mated in time enable this whole army return home in
safety
i Considering that, Immediately such contamination,
Major General Pillow would by the express of the law
under which lac holds his commission, be Of the army
ana therefore no longer amenable tor his acts to military
tribunal
Considering that preierrns the charges againt that
officer moved solely by the desire preserve the dis
cpne and honor of the having had the slight
est personal quarrel difficulty with himand that the time
has probably gone by for beneng the service by conviction
and punishment:
In view OF ali the Sc considerations shall Mr. President
decline prosecuting the charges and specifications against
Major General Pillow before this preliminary court without
It's special orders or The further instructions OF the President
WINFIELD SCOTT.
MEXICO, MAncn 16, 1S4S.
Gen Pillow having Withdrawn his opposition to the above
document being recorded read The following preamble
M. President and Gentlemen of the Court.
In reply the paper submitted by the prosecutor in this
which he Tor the therein stated declines
prosecute the charges against beg leave respectfully
that see in the reasons assigned none to justify his de-
termination.
First it's said by Gen. Scott that "he is stricken down
from high command and that one of the arrested generals is
rewarded the other parties the Judge
his prisoners the and the accused the
and The p with that strange exception, all thrown
before you, to scramble,for justice may"
How the release OF Gen. WORTH by the Government should
be thought constitute for abandoning the prose-
aware, from my condemnation before trial in General
Orders No. 349 that the prosecutor acted judge and
condemned unheard the victims of his dspeasure, but did
not expect he would before this Court that he con-
sdered himself s thought this Court the
judges Of the and that he the prosecutor; and
how the that the
the charges preferred against him by Cen Worth be
gated afford why he should prosecute his
charges against me, If am guilty.
that Major Gen. Scott has been suspended from
command but presume that creumstance does not dprve
him Of his rog T. too was stricken down by the arm Of
NV himself held
fined to the limits of this city nearly three months and
restored command If command be necessary
able him prosecute the it be equally necessary
enable to defend myself Agreeably, however, to we'll
established military usage, while under the charges Of Gen
WORTH he properly suspended from command and in this
respect stand upon equal footing. 9t8
The assertion " that the whole labor of the be
gone over again is made under the ASSUMPTION that he
maintain the charges and prove that they are true But in
this expect show that he is mistaken. This assertion
based in error therefore afford for abandoning
the prosecution.
If any witnesses gone the United States they
either by his orders BY his Permission, and without my hay
ing the power to detain them.
The witnesses mot in the line staff of the army
whose deposons proposed to be taken sl within
reacboth in this city Gen Pierce the general officer Who
suppose is alluded to in the letter. material witness for
myself The very fact that he known the
be material witness constituted why he should
have permitted him 70 leave the country
The Generan-chis knew that the effect of ordering my
witnesses Of allowing them leave the country would
be to deprive me Of their testimony altogether or greatly to
No rule of law better established in all than that
party who voluntarily puts witnesses out OF the
their going entitled moments considers
ton delay that The other party who is thus
deprived proof necessary for his defence hasa
plain and ask for indulgence but this am the party
injured BY the prosecutor wo controlled the wtnesses per-
hitting them 10 leave the country pendng his application for
a court martial for my trial.
The prosecutor right take proof before
coart ordered for the Investigation OF his charges The
thing itself is unheard of either civil military
In declining what he has right to ask deprive him of
right no privilege proof and he cannot in that find any
for failing prosecute his charges IL in fic,
known by him to be innocent of the charge preferred.
The great delay of hundred ninety days has
excessively oppressive myself The public show
that the application for the court martial reached the city
Wa hngon about the Goth of December ls47 The order
for this Court issued the 18th OF January 1S4S and
supplementary order the 18th Of the month making
about twenty instead of fifty days delay Washington. Al
this delay however, has not affected the prosecutor do
in for abandoning what he REGARDED
as duty. sa
The assumed objection the dournment the Court
the United St,tes has force. The would be
promptly decided by this very course too with thu
trimen the public service pays poo
compliment 10 the honor and integrity OF his wnese
Court to testify to facts deeply affecting the purity Of h
service.
The sekly season. justly dreaded viii not set in unit
after the business Of the Court in this city be readily
cuded The consideration that speedy peace may
the army from this country has nothing do with tn
IL impossible that peace can be concluded before thu
The fact my expires with the war is an ad
ditonal reason for prosecuting the charges nasmuch
guilty. the interest OF the requires that should be pun
shed and IL innocent that should have the benefit Of
qua The consideration that the time gone by for ben
citing the service by conviction and punishment, has
ercet is too late TO do good The Generan-chie
been pleased that he has been moved solely by tn
desire the discipline and honor Of the armyno
having had the slightest personal other difficulty viii
him, )" (myselE)
refrain from making any this passage Of hi
paper in the full confidence that during the progress Of h
Investigation the fact will be made manifest whether persona
public considerations have influenced the Genersn
chief in this prosecution.
OF the charges preferred against by Gen. Scott
OF the gravest character affecting " honor
false His for abandoning prosecution
force singly collectively He objects that Of in
quiry been substituted for martial From cha
Of the parties concerned well the of the Of
fences charged the sure punishment will be found in the ud
Of just and Enlightened public That judgment will bs
founded facts and those inquiry
competent court martial The prosecutor further
he will prosecute this unless this Court Of the
President Of the United States shall order him do
What right has he expect either will make such order
Did either these order him and prefer these
charges He 1.-THE prosecutor processes believe guilty
II his duty to with the prosecution. As yet al
the prescriptions Of law that am innocent What rgh
has he then require the Court the President make
order that he shall prosecute charges which he voluntarily
fered and which he has opportunity Of establishing
if indeed he prove them at all
Hence II will be that IL there for
ing and preierng the charges these still exist
and the General n-chef actuated he says by the
sole desire preserve discipline in the army the prn
cpe OF duty would still make proper for him prosecute
his charges, and prove me- IL he can, guilty.
The conclusion that conviction and punishment would bs
Of no avail assumption Of the fact that he procure
conviction and without producing the proof Of my guilt b,
endeavors leave upon the mind Of the Court the
his failure the charges does not proceed from