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

witnesses before alluded to.
'y '''p'''As' III II l. L. scorT, A.AAG.
Maj. Gen. Pillow, &C., &c.
Mr. Predent and Gentlemen of the Court: Having in
the maintenance of what deemed necessary discipline
drawn up charges specifications against three officers
%. lsa7, the Secretary of War; with request each
that the President Of the United States
OF Congress May 29 1880, would appoint general
martial for the trial Of the same
This court OF inquiry is the result; stricken down
from my high command one of the arrested generals
and rewarded and the other partiesthe
innocent and the guilty. are, with that strange exception
all thrown alike before yoa to scramble for justice
In the case of Major General Pillow had preferred two
hibed publication in the newspapers of the United States;
and the second, embracing great number of specica-
Mr.. President, considering that asked for general
martial to try and definitely to determine spe
officially defined and and that this preliminary court
has power beyond the collecting of Civ
ing imperative opinion thereon;
Considering that if we proceed, the whole labor
must be gone over again. at least blythe parties and
Considering that many the the side of the
prosecutions and probably that of the defence also
allowed to eapse November -I09 days-of which
fifty, at least, chargeable to delays Washington and
Consde ring l. in time and in FORM proposed to take
by mutual a the deposaons of departing Witnesses
74h article Of war which proposition Major General Pill
Considering that this would be obliged to adjourn
nessss. retired civil life and therefore not oompea-
before q commission duly appointed by such court:
Consideiing that the season at hand when the
for home without great peril to life:
Ss r ss ma. &c s
suminated in time to enable this whole army
go. considslias that Immediately. on such contamination,
MAJ Gen Pillow would BY the express terms q the law
and therefore no longer amenabe for his acts to any mill
tary tribunal
officer moved solely by the desire preserve the dis
aa of the Or cay Ssx mad n
the time has probably gone by for beneng the service
.ideratons, shall Mr.. President decline prosecuting the
charges and specifications against Major General Pillow
the further Of the President Of the United States
Respectfully submitted
Mexico, March l6, 1913. WINFIELD SCOTT.
The President said that Gen. Pillow was at liberty to
Gen. Pillow wished to know if the document with
drawing the charges against him by Gen Scott was
Gen. Scott said that document was in the hands
of the court and out OF his control.
The court having read the aforementioned document
Gen. Pillow read the following statement:
Mr. President and Gentlemen of the Court In reply to
the paper submitted by the prosecutor in this case, in
S sch s bea eavs
thatI see in the reasons assigned none 10 justify this
First said by Gen. Scott that che is stricken down
from his high comnandthnt the arrested generals
pre-acquitted rewarded, and the other parties-the
Judge and his prisonershe and the accused-the
nnocent and gutyure with strange exception,
now the Of Cen Woh by
be thought to constitute any reason for abandoning the
was aware from my conformation before .a in gene,
condemned, unheard the victims OF his dispea;ue but
did he would before the that he
the Judges of the case and that he the and
understand how the fact that the has
investigated afford any why he should not
prosecute his charges Y, agansl me- if am guilty
fom command, but presume that circumstances does not
deprive him Of his proof TOO was stricken down by the
prisoner confined to the limits of this city nearly three
man be necessary 70 enable him to the
must be equally to enable to defend myself
While unaer the charge Of General WORTH he was properly
suspended from command and in this respect stand
The that the whole labor the case be
gone over again Is made under the assumption that be
in this expect to show that he mistaken This assertion
based therefore afford no reason for abandon
II any witnesses have gone the United States they
o, NV havny the power to deain them The two wit
(not the line staff of the army whose deposit
Sosh are ia h cy Gem Pierce the general officer who
suppose is alluded in the letter. is material witness
for myself The fact that he known to the prose-
cntor to be material Witness constituted why he
hs not haze permitted him ,o leave s ss
witnesses Of allowing them leave the country,
would be deprive of their testimony altogether. or
greatly to delay the proceedings in the
NO rule OF law better stabished in all courts, than that
party who voluntarily puts witnesses out of the way, or
cosehis 70 their going Is entitled moments
saeranon or delay ON that The other party who
mus deprived OF proof for his defence, has
IlRh' 70 complain and ask indulgence but
case, am thc party injured by the prosecutor who
trohen he witnesses, permitting them the
pendhg ms application FOR for my trial
Inc prosecutor had right ask me to take proof be-
lore any court was ordered Tor the
charges The thing in itself unhear of either in civil
military courts In declining wha, he had no right to
ask deprive MN OF no right privilege no proof and
he cannot in that find falling to prosecute
his charges, it, in fact am known by him TO be nno
cent of the charges preferred. $500
The great delay OF hundred and da vs. has beep
excessively oppressive upon myself The public prints
show the application for the martial renced thc
civ of Washington about the 18th of December 1877 The
order for this issued the 18th of January
And ga parliamentary order the I7h of the same month
making about twenty instead OF fifty days delay from
nuton As delay, however, has not affected the prose-
cusor do any for abandoning what he
once regarded ms duty
The assumed objection to the adlournnent OF the court
IN me United has force. The case would be
prom pity decided by this very courseand this, too
with the least dctrment to the public service General
Scott paws poor compliment to the honor and integrity OF
his own Witnesses when he assumes that they will decline