The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-04-15
reply of the I'd OF December and copies Of charges and
specifications against Maj Gen. Pillow, Breyet Maj
Cen Worth an1R (,r,l

Inc peIusa OF these communications BY the President
has forced upon has mind the painful conviction that
there exists state OF things at the headquarters OF the
army, which IS exceedingly detrimental 10 the public ser
wee, and mpeonsly calls upon him to nterpose IN such
way as WILL he sincerely hopes, arrest and put an end 10
The feuds aud dissenslons which there prevail. go
After the fullest consideration OF the subject the Pres
aen has not been able to give his approval 10 e course
Tor reasons which will briefly state he deiers lo the
present at least 10 order courtmartla Tor ms trla on
the charge you have presented against HIM The docu-
ments show that Gen. Worth felt deeply aggrieved by
your general order. No $40" Imputaons OF very
serious character by that ORDER cast upon some OF
the officers under your immediate command; and, from
its peculiar phraseology, understood by General
Work. or Others indicating him one OF thepficers
obnoxious to the severe censure and reproo therein con-
tanned With this view of the import and object of the
order, his attempt, by all proper MEANS to remove from
himself the ignominy of these impuiatons, cannot be
regarded eyceptonabe course his part. AS the
stroke which had, he thought, deeply wounded his
honor officer, and his character a man,
from your hands, his application for redress proper
made to you But he did not obtain such redress,
ne believed under the circumstances of the case was due
to him. he exercised or attempted to exercise the right OF
an appeal to superior authority If he actually az
greved in this matter believed himself to be so, he
had UNREASONABLE right have the subject brought
to the consideration of his and your superior,
the President of the United States He prepared charges
the Secretary of War can be viewed in other charac
teri and endeavored to send them through youthe only
channel he could use without violating established regu-
lahons-to this common superior, For the matter con-
tanned IN these charges against YOURSELF you have made
charge against him, forwarded to the President, and
asked for his trial by cout-martia If the course of
proceeding which you propose in this is sanctioned
and carried out you cannot bat perceive that the prece-
dent will be most fatal to the essential rights OF all sub
ordinate officers If Gen. Worth has been guilty OF an
offence, by preparing and attempting to transmit charges
against you to the President for wrongs and injuries al
legged to have been inflicted by you him, it seems
to be necessary consequence, that, whatever may
be the character OF the wrongs and injuries inflicted
upon subordinate officers by their superors, they
not seek redress by appeal without being involved
tice they suier, the hope OF remedy by appeal would
be usory and the right to appeal than valueless,
IT. by the mere statement OF their complaint, whether in
the form OF charges otherwise for the action OF com
mon superior, they would be liable to be arrested and
tried before any investigation had been made of the
truth or alsity Of the matters therein set forth, and even
before the appeal had reached the authority which alone
could afford redress Such principle this would, in
its practical operations, subvert justice and withhold pro-
lection from subordinate officers If General Worth cam
make appeal to the President account of your
conduct towards him, without committing military Of
fenceand certainly be cannot If the statement OF the
matter of his complaint is ofenceis difficult to per-
ceye how any officer of inferior rank carry ap
peal to you, any other common superior, for injustice
injury done to him by officer of higher rank than
himself, Though to appeal is the exercise of unques
tonable rght,) without shbecting himself to trial by
court martial for every appeal which is not frivolous
upon It's face must IN one form or another mpue to the
officer complained of military offence; and
quenty, the principle of your proceeding against Gen
Worth, the appealing officer would be subject to arrest
and trial for the matter contained in his appeal.
AS long it is possible that subordinate officer may
suffer wrong from superior, justice. sound policy and
the good OF the service require and demand that the
to redress should not be obsucted but Obsructed
it would be, in most efectua manner by the course of
raj Worth
am not unaware of the force of the considerations
which may be urged against allowing the unrestricted
right to subordinate officers to make complaints and pre-
Ter charges to common superior, against those who
have command over them. The right may be abused it
may be esorted to for the Indulgence of malicious pas
sions to produce dssens in the army, and to impair
the rightful authority OF commanding officers; but its
liability to be perverted TO mschievous purposes is not
sufficient argument to prove that it should not be sus-
aned its benefits be destroyed by the assumption in
the first place, without proof that the right has been
exercised in good faith and with uslable motives, and
then, upon that assumption to institute proceedings for
military offence against the appealing and, it may be.
he is entitled. But this right Of appeal rarely or
never be abused with mpunity The abuse of it is an
offence which can and should be punished but it is quite
important that the mode of Furnishing the abuse should
moi be such destroy impair the right To illus
tate my views by the very case under consideration
II il shall appear that General Worth has falsely and
knowingly charged you with " malice against him.
and of shaving acted in manner unbecoming an Off
Ger and gentleman towards him." he has in that
be punished but, before investigation, it is
to be assumed that your charges against him are true,
than his against you are so Both law and natural
Justice require that the order of should be pursued
in such cases The charges which he prefers against
you should be first disposed Of before proceedings be
Instituted against him for malice in prefewing those
|
lieve be well founded Yourcharges against him go
upon the ground that he is malicious prosecutor of YOU
1t wcl-esabshed principle, that be pro-
ceeded against malicious prosecutor, while the suit
which is alleged 10 be malicious is pending That must
be disposed of before suit for malicious prosecution can
be instituted
In this view of the case-and it is the which the
President has takenthe charges which Gen Worth has
presented against you be disposed of before any
proceedings be had that which you have present
ed against him.
Though you have not stated that Gen. Worth is under
arrest your charge against him. yet it believed he
is An order will, therefore, be sent with this commune
cation for his discharge from it.
Considering the nature and multiplicity of the matters
embraced in the charges preferred against Major General
| Pillow and Brevet Lieutenant Colonel Duncan, espe-
ciay the former, (some of which hardly consistent
difficulty not to say impracticaby, of assembling, at
this time general court martial of officers not connected
with the transactions to be investigated OF such rank
the law requires for the trial OF major general and the
serious detrment which the public interest must unavod
ably suffer by Withdrawing, at the present crsIs Tor so
long time the trial will be likely 10 last from their
important commands and staff duties, many general
officers to constitute the court the President feels COM
peled by high of duty, to prefer proceeding by
court of inquiry Such a court be organized with
much less danger OF sacrifice to the public interest than
general court-martia it much better accommo date
its proceedings to the exgences OF the service, and WILL
it is almost certain much abridge the labors of court
martial, if one should become necessary. Another ad-
vantage of proceeding in the first instance by court OF
inquiry that other matters not embraced IN the charges
relating the same, and other officers, may be properly
submitted TO its investigation at any time during its SEES
/ A. Dee rsfx,r