Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1848-04-13

WAR DrpsRTNEST, Jan l3, 1913.
After the fullest consideration Of the subject, the
the President has not been able to give his approval
q he course YOU have adopted towards Brevet Mao,
fGgn, Worth, and FOR reasons which briefly state, he
ldeiefs, for the present al least 10 order court mar
tan Tor his hial on the charge YOU have presented
galns him. The documents shows that Gen Word
iet deeply aggrieyedby Your general ORDER No 3i9'
lmpuianons Of very serious character WERE by that
order cas-, upon of the officers under your imne
date command, and. from its peculiar piraseolory
III was understood BIZ Con Worth or others. as ind
eating him as one Of the officers obnoxious 10 the
we're eensure and reproof therein contained. With
tins view Of tie import and obec, Of he order. his at
tempt by al proper means 70 remove from himself The
gnonIny Of these uputations, cannot be regarded a.
an excepilonabie course on his part As the stroke
/ which had, as he thought, deeply wounded his hon
or as an Ulcer, and his character as an came from
your hand, his application for redress was promptly
made to- you; but he did no, obtain such redress
! as ne believed. under The circumstances Of the case
was due 10 him. he execised or attempted 10 exercise
the right OF an appeal to superior authority S.
II he was actually aggtievei IN this matter, OF be
heved himself 10 be 50, he had an unqGeslionabl,
rghtto have the subject broush, 10 the Consideration
lofhis and your connon superior the President ofth.
y States. He prepared charges against you (for hi
letter Of the 10th OF November, 10 the Secretary d
! War, can Reviewed in no other character and en-
deavord 70 send them through YOU the only channe
he could Use violating established regulations
10 this common superior. For the matter contained
10 these charges against Yourself vou have made
charge against him. forwarded il to the President ant
asked for his trial by court martial. If the course
proceedings Which You purpose in this case Is sane
toned and carried out. YOU cannot bat perceive iha
the precedent will be most fatal to the essential rights
Of all subordinate officers. Ii Gen Worth has beer
guilty OF an offence, BY preparing and attempting 4
transmit charges against you to the President, fo
wrongs and injuries inflicted upon Subordinate off
GERS by their superios, they cannot seek redness b.
. appeal, without beng involved in military offence
As long as j, is possible that subordinate oificei
may suffer wrong from superior, justice. sound pol
ICY and the good OF the service. require and demand
that the avenue TO redress should not be distracted
but Distracted would be in most eilecual manner
by the course Of procedure which vol. have adopted
in the case of Gen. Worth. @al~ q @sfisNs "a
\ lift shall appear that Gen Worth has falsely and
knowingly charged you with 'smalice agaifs, him. =
and Of having acted IN manner unbecoming an OH
Ger and gentleman towards him. he has IN that com
mitted an offence for which lie may and should be
punished ;-but, before investigation il is no to
he assumed that your charges agi him are true than
his against you are so. ESQ @aiae
Both law and natural justice require thai the ORDER
of eyenS should be pursuedin such cases The char.
ges whica he prefers against YOU should be first dis
posed Of, before proceedings can be instituted agant
him Cor malice in preferrng those charges or for pre-
sentng such as he did know or relieve TO be we'll
founded! our charges against him 90 upon the
ground that lie is malicious Prosecutor Of YOU. II
is well established principle that no man can be pro-
ceeded agaut a malicious, is peading; thai must
be disposed OF before suit for malicious prosecution
can be instituted.
In this view OF the case and it is the the Pres
dent has taken, the charges which Gen. Worth has
presented against you must be disposed Of before any
proceedings be had on that which you have pre-
scented against aim. IS
Though you have not stated Gen. Worth is under
arrest your charges against him. yet is believed he
is. An oder WILL therefore, be sent with this COM
muncalon for his discharge from it,.
IA Of inqniry has been ordered 10 sit in Mexi-
co. TO which will be referred for examination NIL the
charges presented against Gen. Pillow and Byevet
Lieut.. Col Duncan, well as the charges OF complaint
Of Brevet Maj. Gen Worth against yourself; and the
prosecution Of Gen. Pillow and Lieut.. Col. Duncan,
charges preferred against them, before
tial will he deferred until the proceedings of the court
of inquiry shall be received by the President. ah t
If these officers have been arrested. the President
seeing any good reason forcontnung them in that
situation luringsthe session of the court viii direct
them to be released therelfom. 60 5000
Very respectfully your obj. servant. Grass 81 sa
80 w L.. MARCY, Secretary Of War;
I Major General Winiietl Scott, sss.g aasa
Commanding U. S. Army Mexico. la hg.
Z 80