The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-07-09


impressions, qualified with the declaration that he ,woud
moi be positive" s this the evidence upon which an of
Beer be convicted OF Wiliul dsobedience OF orders
and instructions E"
Charge g. | pass now TO the remaining charge The
first specification has been fully answered in what has
been already said so likewise has the second except as
TO the allegation that | knew that DR. Carmichael was
not In capacity to execute the said contract otherwise
than through sale or assignment" To this allegation
IS sufficient answer that no title OF proof has been
offered 10 sustain IT, but on the contrary. my conduct in
refusing recognise the transfer reuies it, II am not
deluded in my firm confidence that am 10 be Tried here
at least not by suspicious, but by proofs ii is waste OF
time 10 say more.
The third specification presents in a solid body the
whole array OF falsehoods and decepons charged against
me and the fourth NTH, sixth and seventh, while they
have the appearance OF reinforcing it, but reprodu
lions OF the same array, IN several detachmens shall
treat them together There is still another OF these black
and hateful offences, not indeed specifically laid in the
charges but reserved for the testimony and performing
the preparatory office Of introducing me TO you the
threshold OF this transaction under dark cloud of guilt
speaking, but in silence utteng lie and by my pres
ence maintaining the unfounded pretensoss OF another
alude to the circumstances, detailed by the honorable
Secretary, touching my introduction OF Doctor Carmichael
TO him about the end OF October beginning OF Novem
ber-a detail which think you must have heard without
imagining that any human being would see in il
than common courtesy and official duty combined until
be indeed thought ,was strange, Das passing strange,
itcas wonderful" That it really and truly made upon his
mind the impression he has communicated 10 you, one
can doubt but that similarly affect any mind lot
in mode prepared to think the of me, cannot
apprehend. That the chief of bureau could venture
TO accede to the request OF person. whose social position
itself entitled him to it, TO introduce him 10 the Secretary
in order that he might prefer claim against which the
bureau had already decided, of Iecord) without mourning
the obligation to interrupt the conversation between them
by flat denias OF the pretensons OF the claimant, al the
risk OF having his own fidelity suspected, certainly
occurred to mel still less that such suspicion could
arise when, as the Secretary himself has stated, held
the papers, and all the papers necessary to show the
whole truth OF the in my hand before him, in such
naturally TO lead him to ask at the proper
moment, General are those the papers Nor can sup.
pose it to be mat,! al whether instantly sprang my
feet and rendered the papers TO him, whether, that
question being answered in the affirmative, he requested
me to hand them to him. This conduct however, the
honorable Secretary has again and again repeated and
eraed he thought singular and ''surprising""a
duct for which he could not account" And being asked
by member OF the court whether there anything in
the circumstances authorizing him TO suppose that would
not have expressed my opinion If he had not himself
reached the same conclusion upon perusa OF the papers,
he answered not by specifying any such circumstance,
nor by expressly admitting that such circumstance
listed, but as follows:
The hy my sprse at General Taieofs ssncs,
when Doctor Carmichael asserted that there had been
written recognition of the contract by Mr. Crawford.
increased by his rmarkng the mart day. dayor fco az
soH that General 7aleoit might have agreed with Doctor
Carmichael III supposng that the letter OF Mr. Crawford
with that no such recognition. my surprise
at his silence increased because did not know how TO ac
count for H."
From this il would seem either that the Secretary re-
garded that paper really susceptible OF two consruc
lions, that he yaclating between the two opin-
ions, that was either knave or fool. Ii | have
seemed TO dwell too long upon this point beg the court
to remember that in order to just decision upon the
naming accusations, which depend upon conversations
between two persons, one OF whom is the sole Witness
and the other the accused, whose statement is EVIL
dence, II Is OF the rst Importance that you should Tar
possible enter into the minds OF the parties respect
lively, and discover with what prescriptions and upon
what foregone conclusions they severally spoke. The
question is not what words uttered but it'll what
intent and meaning they were uttered
Without enargng upon this suggestion, proceed
10 show what IDEAS occupied my mind on the VAR.
occasions referred TO in these specifications 10
which remark IN passing. that if have correctly noted
the testimony it falls short by OF the number OF
| versaiions alleged. 1t is abundantly clear upon the
record that from the date Of my letter TO Col Huger of
the 9th OF November 10 the receipt OF the letters from
Mr. kembe, knew nothing OF the order given TO Doctor
Carmichael nor had any reason 10 imagine that such
order had been given that upon the receipt Of that let
ter referred il TO Col Huger, then in Washington
special duty, with directions TO reply TO il, as knew
nothing OF the facts which il related that he then first
communicated 10 me what he had done upon the sup
posed authority OF my order that expressed my sur
prise" al what he bad done that Also IN reference TO
The offer OF the order for SALE told him that ths Secre
tary of War would he ncensed, and Justly So order
for supplies should be hawked about in the market "
that refused assent TO any transfer OF that he
cordingy repudated the proposed transfer 10 Mr. KEN
be and the subsequent, transfer 10 MIR. Anderson all OF
which occurred within twenty days from the date OF the
letter TO Col Huger; and promptly after was informed
OF what he had done under IT, IL was now clear that
Doctor CarmlchaePs representations 10 Col Huger were
uniounded, and could not be fulfilled by him. and that IN
his own hands the order, If il had validity, null
and void From the date OF his assignment 10 Mr.. An
certainly he had shadow OF right TO claim the
execution Of the order so indscreey given TO him. even
if any lime that orjer constituted contract or i'm
posed any binding obligation upon the department 1t
equally clear and ndspuabe that by the express
terms of The regulation No 1873, II any rights whatever
had vested in him contractor, they could not "be
transferred 10 any other persons under any cir
cumsances whatever Was there them any contract out
standing Tor shot for the Ordance department. Who,
nj nd
prosecution assert or admit that there was Does the
Secretary OF War assert admit that there was II he
Does by what night moral or legal does he, when made
with all the facts prevent the execution oil that
contract As asserted when in entire ignorance OF the
fact that any shot had been made any attempt to in
duce Col, Huger TO recede from the position which he
bad taken usder my directions, so now assert and main
that such contract existed Not only was there
never any contract in the Of the ordnance egua
lion, any strict legal sense, but the particular pur
chase attempted by Col Hugsr in msappehension OF the
terms OF my authorization OF the 9th OF November had
fortunately entirely tailed, 10 leave prelence
whatever OF any obligation upon the government TO
accept the performance OF the order SO mprudentiy
given to Doctor Carmichael And this state of things
be 1t remembered, was brought 10 my knowledge
simultaneously with the first information OF the fact that
Colonel Huger had given that order Am wrong In
these conclusions, or either OF them You have before
you in the shape Of testimony the usage of the de
panment the incidental expression Of The opinion OF one
OF the distng ulshed jurists in the country The
Hon John c. Spencer. When speaking OF the usage, be
says:
order, for articles such and shot, were,
cording my belief given long ahead OF their msnulao
ure specified prices and these regarded as
contracts because implies obi CATION each
the one tn ITnisn and tn Ruta DT-