The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-14

sss:s sss,s.s ssssss yea Ss ,sssss a. tHs is
Il xovsmSss ,s the sscssissy Of wss. be Waved
through you the only channel he could without VIC.
lating established regulations to this common superior
self Won hsv. mads charge against him forvardsd It
to the President and asked for bis trial by court mar
tai II the course Of proceeding which you propose IN
this Is sanctioned and carried out cannot but
perceive that the precedent will be fatal to the
ssu.isl rights of all subordinate officers II General
attempting to transmit charges against you to the r.s
dent for asd injuries alleged to have baen inct
"a On MN A. 70 os nee .sss5y
injuries INFLICTED upon subordinate ooers BY their SUI
perors they oanuot sack redress by appeal without be-
ing involved in q military offence Whatever may be
tbs injustice hey suffer tn. hops of remedy by appeal
would be ilusory and the right to appeal than
whether in form of charges otherwise for the
ton Of a superior they would ba liable to bs
arrested ana TSa har ossa
forth and before the appeal bad reached the
thor ty which alone could afford redress Such priu
oipe as this would in Its practical operation subvert
ustcs and withhold protection from subordinate officers
K General Worth cannot maze an appeal to the Prest
dent on acrount of your conduct towards him without
oommittipg military offence and certainly he cannot
IL the statement of the matter Of his complaint 10 an
offence 1t is difficult to perceive how any efnc,r OF nfe
ror rank can Gerry appeal to you any other COM
mon superior for Injustice injury done to him by an
officer Of higher rank than himself Though to arpsa Is
the exercise Of au unquestionsbe rightly without sub
setting himself to trial BIZ court msrtisl for every
appeal which 10 not frivolous upon US sce must in one
form or another. mpute to tee omcer compa'ne9 Oh
ne military offence, consequently on tho prnei-
pie Of your proceeding against Gsneva Worth the ap
peang ocer would be subject to arrest and trial for
the matter CON aimed In HIS appeal.
As long 1t is possible that subordinate off Ger may
suffer wrong from superior Justice sound policy and
sooa OF . ne 'hcud o ;. hut ob
structsd it would DO in most efectus manner by the
Of procedure which you have adopted 10 the case
am not unaware of the force Of the considerations
which may be urged agsnst allowing the unrestricted
prefer charges to common superior against those who
have command over them. Tho right may be abusedit
may be resorted for the indulgence Of malicious
sions to produce d.sensons in thu armv and to impair
the rghtful authority Of commanding on ere but its H.
ability to bspervertedt to m.chevous purposes 10 not
ed s beneats be by the IN the
first place. without proof that the right has not been
srcisd in good faith and With jsstiaabs motives and
then upon that assumption to institute for
military offence against the appalling and may be-
much injured ofcsr fairly seeking tbs to which
be abused with impuoity The abuse OF 1t an
offence which can and should bs punished but quite
important that the mode of Furnishing the abuse should
not ba such to destroy or impair tho right TO
trate nay views by the very case un Ter
ingy charged you with "malice against him and Of
"havpg acted In q manner unbecoming an officer and
offence for which he may and should be punished; but
before investigation, no more to be assumed that
charges against him are true than his against you
are so Both law and naurs Justice require that the
order of events should be pursued In such cases The
charges which he prefers you should be first dis
posed Of before proceedings can be instituted against
him for malice presrring those charges for
sentng such he did not know or bolieve to be wall
founded Your oharses ssaius. him go upon the ground
established principle that no man can be proceeded
against malicious prosecutor while the suit, whioh
alleged to be malicious pending that must be dis
posed Of before suit for malicious prosecution can be
instituted.
dent has tasen the which Con Worth has pre-
snted against you must be disposed Of before
eesdngs be had that which you have presented
Though you have not stated Cen Worth is under ar
rest your charge against him. yet it s believed he 10
ton for his discharge from it.
Considering the nature and multiplicity Of the matters
'n Inc tnas sosn.1lv th.
former, some of which hardly consistent with your
OH sal reports and com nsnda lions tho great difficulty
not to imprsccabity, Of assembling at this time
general court martial Of officers not connected with
the to BIO OF such rank as the
rious detrmcnt which the public interest must unsvod
ably suffer by withdrawing at the present crisis for
long tins as thu trial will b: likely to last from their
officers constitute the court the President feels
peled by high OF duty to prefer proceeding by
court of inquiry. Such court can be organized with
much less danger of sacrifice to the pubic interest
than general court MARTIAL it much better accom-
modae proceedings to the exigeuees Of the service
will 1t is amost certain much abrdse the sbsrs OF
a court martial If one should bec necessary Another
advantage Of In the rst instsncs by court
of inquiry i that other mntters not embraced in the
charges relating tho same, and other Ulcers may be-
properly submitted to its Investigation at any time dur
ing its session therefore, directed by the Presi
dent to inform you that court Of inquiry has been
dered to sic in Mexico to which will be referred for
animation eli the charges presen ed against Gen. Pillow
and Brevet Lieut.. Col DancSn as we'll the ohaIg.s
complaint Of Brevet Major General Worth against
yourself and that the prosecution of General Pillow
ana Lieut. COL Duncan, charges preferred against
them before court MARTIAL will be deferred until the
proceedings of the court inquiry shall be received BY
the President
II these osers have bsen arrested the President not
seeing any good for continuing them in that stu
alton during the session Of the court will direct them
be released thesefrom.
copy Of the order instituting Q court Of inquiry
will be herewith transmitted to you
The proceedings OF the court of Inquiry relative to
the tvs owizsrs alleged to have been taken by Gen
Pillow from Chaputspeo have not bssn received at this
department You will them to bo forwarded ii it
has not been already DONE
You refer in of the charges against General Pill
low to appeal made by him to you In regard to the
proceedings Of that COURT but appeal duplicate
copy. has been received by at the department,
either from yourself or General Pillow.
Very respectfully,
Your obedisnt servant,
w. l. MARCY,
Secretary Of War.
Major General WINFIELD soorT,
Comm andng U 8. Army, Mexico
THE ORDER sUspENDING GEN. SCOTT.
WAR DEPARTMENT., Washing on, Jan. ID, le46
Sir In visw the present state things in the army
under your immed iats command. aud in compliance
with the contained in reply to your letter