Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1851-06-05
Head Q"driers Eastern Dirision,
TRoy, n. Y, May 27th, 1851.

Tnoy, N. Y, May a7th, 1851. !
Orders No. s.
The Court ofInquiry whereof Tlevet
Colonel GroRGE WRiGBr, Majo 4th
Infantry. IL President, Instituted by
Eastern Division Orders No. 4, current
series, to examine into rertain allega-
tions and accusations made against
Colonel WILLIAM GATES, 81 Artillery,
by lst Lieutenant J. Stewart Of the
same Regiment, has submitted the iol-
! lowing report.
The Court finds the subject matter of
! Lieut. Stewarfs letter oi 23d Novcni-
her, 1850, embraced within the six ale
cations following. viz:
| AHtg0Hon la. That Colonel Gates
had not been governed by n sense Of
| justice and Il due regard i"r The Army
| Regulations relative 10 details, in rs
signing Officers - Ligm Company "E"
Sd Artillery, by his detail of the 9lh Of
September, 1850, and his promise to
Brevc, Captain Shields, 20 be relieved
at the end Of the year, not being COM
Piled with.
The court finds the facts TO be. that
l Colonel GATES issued the order on 9th
September, 1850. assigning Officers TO
Light Company < Sd Artillery that
Brcvet Captain Shields who had served
hut eleven months was retained and
! Lieut.. Stewart whe had served fourteen
months. was transferred. There is no
\ evidence before the court 10 show that
| Colonel Gates had not been governed
by sense Of justice and due regard
for the Army Regulations, or that he
had made any promise 10 Brevet Cap
tain Shields.
4 Alteration ed. That the course OF
conduct pursued towards Lieut.. Stew
| art by Col. Gates, and the frequent dis.
cussions held in the boat and else where,
II J., the presence Of the boatman and ell
listed men, were not calcuat d to i'm.
press the command with the belief that
he Lieut.. Stewart. was iavoriie at
Head Quarters. This together with
the lax state OF dis pline al Fort Ad-
ans rendered it impossible tor Lieut..
\ Stewart TO serve there, with Justice
either TO himself or the service.
The court find the facts as follows:
That the intercourse between Colonel
Gates and Lieut.. Stewart, was some
times strictly official, and n other times
more approaching cordiality. There
is no evidence before the court 10
show that discussions were held in
the boat or else where, in The presence
ofboalmen and enlisted men, calculai-
ed TO impress the command with the
belief thar LIEUT.. Stewart was not ta-
vorite at Head Quarters. The court
] A. a. - Z,
the discipline at Fort Adams was not
neglected. nor in lax state, but was
fair and good.
ANegat,on Sd. That in order to make
the transfer truly punishR and 10
crafty vindictive spirit totally unwor-
Thy of ne entrusted with the command
Of a Regiment, Lieut.. Stewart was
trans icrrcd with The junior instead of
the scni' r subaltcrn Of the company
who was The proper one for the detail.
The court finds the facts as follows
That the transfer o! Lieut.. Stewart with
the junior instead Of the senior suhal.
tern ofthe Company was made with
view to crafty a vindictivc spirit totally
unworthy of one entrusted with the con-
mand, does not appear from the evi-
denre.
Allegation 4h. That Colonel Gates
has employed the power with which he
is entrusted for the purpose Of crafty
ing malice and i'll will entertained
against a suhaltern ofhis regiment.
The court finds no facts to sustain
this Allegation.
Allegation 9TH. That the course Of
conduct pursued by Colonel Gates,
brought about q state of things a, his
post, truly unfortunate for AL concern
ed. That charges against Licrt. Stew
art were entertained by Colonel Ga'cs
in n manner which every one must con
demn. That n kind OF Drum Head
Court Martial was organized for the
trial Of Lieut.. Stewart. Colonel Gates
being the sole Judge and juror.
The court finds that Colonel Gates
expressed an opinion for the government
Of his officers. that the senior officer pres
ent at the post. ('rhcn he lett the post
for Ncwpori) had not power, except in
extraordinary cases 10 arrest "A subor-
dinate officer. This decision of Colonel
Gates, led 10 some difficulty AT The post;
this difficulty resulted (among other
things) in the charges referred to. in the
allegation, against Lieut.. Stewart. The
Court finds that Colonel Gates called
before him witnesses, to examine into
these charges, among other matters,
the parties helng present: and after
wards. cndcavored TO induce them 10
settle these difficulties amicahy. The
court does not find any evidence TO lead
them TO suppose that Colonel Gates
sought to decide the questions but rath.
er TO reconcile the parties by this in-
vcstigation.
AHsgdt on 9Th. That the detail for
Light Companies was not made official
ly until the day that Lieut.. S,cwari left
Tor another Iost TO be absent for some
time, and some time after those ofothcr
reg ments. which deprived Lieut.. Stew
art ofcvery chance to have the detail
corrected hy superior authority.
The court finds that the order for the
detail for Light Companies was da;ed
on the day Lieut.. Stewart left for anoih-
er post. That this detail was submit
ted to General Wool there is no evi.
dence showing that Lieut.. Stewart had
not ample time TO refer the details to
igher authority.
The Court, upon the facts as set forth
under the several allegations. come 10
the following opinion.
The Court is Of opinion that the course
of Colonel Gates. generally, has been
dictated by "A desire TO advance the in