Weekly national intelligencer., 1851-07-12

From this testimony Of the Secretary Of War himself two
/ things result, concIusiyely, viz
First That the Secretary Of War, ho be remember
ed had previously been informed distinct occasions
by mr. Thomas Green that the Tredegar Vrs haa sa'se
contract for shot for the War Department, ano naI
large quantity Of shot making at the Tredes woh ~
Richmond, owned by Mr. J. R. Anderson; and 'aI con
siderable quantity piled up in the foundry yard, sos
where about the foundry; and who had his suspicious
and his mind turned directly the investigation OF this ~
pont-received from and had official copy Of that
ter Of the 9th November without imsgnng that could De
construed authority for the alleged contract could even
tend render probable that the information he had received
had any foundation whatever, Until time afterwards
when, with the aid Of Mr. Thomas Green, sit occurred to
him that Colonel Huger MIGHT De making Sn0
under that order" 4
And, secondly that whereas il is charged against me
that the authority assumed in that order usuped IN vio
ation OF reguaon because not sanctioned by the ofce
tary Of War; the Secretary himself has here testified before
you oath, that my report communicating to him that
had issued such an oder and ausrbng the order word m
word and letter for letter. by him considered
IL SATISFACTORY, and that be ceased to hnk upon me
subject How could this be, if be not understand, as
did, that had the authority issue that order II any
sanction of his previous subsequent express or implied,
were necessary has he here, oah placed upon your
record in the declaration that the report that
order was "PERrEcTLr and that ne eased
to think the subject " Hear also what 10 said by Capt.
Maynade The principal assistant Of the bureau, and wit
ness for the prosecution not his but
while in the hands of the learned and gallant Judge
Gen. Talco my finn belief that COL Huger had exceededs
instructions in giving the order to Dr. Carmichael and that
his conduct in giving that order to me totally inexpica
be" This when be familiar with every word in tho
order Of the OH November Need be said recapi,u
lated to show that the contract if any contract made
10 pursuance Of the letter Of the 9th November and
that that letter, according 10 its fair and natural import was
in the judgment Of the Secretary of War himself clearly with
in my official competency, aud perfectly satisfactory" to
him. The question, them remains Was that order the sole
authority given by me to COL Huger lie. him answer it
himself put the question to him roundy and distinctly,
Had you any further other authority from Gen. Falco
in reference the procuring of shot shells than the order
of the 9th November, recited in the charge His is
simply and distinctly, No." Not only is this testimony
titled to be received conclusive of the character
and standing Of the witness, his position here witness
for the prosecution, and the powerful inducements if were
possible for him to from the truha operating to
draw from him, in the strongest terms, his justification
for the order given by hmbut there is particle Of evil
dsnce upon the record giving you the slightest ground for
deprvng it of one atom Of its controlling and overwhelming
weight upon this part Of the When inquired of him
in unofficial letter. DO you ,oant any shot shells for
Fort Monroe? If So ,ohd quantity and ca5srs his re-
ply the 5h giving information enable to cause
such purchases be made had supposed might be
quired-my letter Of the 9th of November written, de-
parting in degree from the idea which originally enter
tanned that purchases limited might be
not expressly implicitly authorizing contemplating the
complete armament Of the fort large supplies, any thing
like it but plainly and clearly, in smpe words language
affords, limiting his authority procuring them from time to
terms, and by open purchase only This my sole authority
to COL Huger and my sole reply to his letter, read
and considered By the Secretary Of War, under the peculiar
circumstances already adrrted and as regarded By him
PERFEcTLY 1t is to be imputed TO
him that he did not know his dutytha he acquain-
ed with the limits Of his powers and Of mine. And if
that order contained any thing than had the clear
right do is impossible that could have been "perfect
y satisfactory him. that he should have ceased to think
upon subect which had been brought officially and directly
to his notice the usurpation OF power and the violation OF
law by the head of OF the bureaus of the department
fded to his charge If any thing further needed this
point it is be found in the order issued by the Secretary
nearly three months after my letter of the 9Th November,
which directs that the heads of bureaus of the department
should not THEREAFTER make authorize any contracts
for supplies for and munitions Of war; to be furnished,
for services to be performed to amount exceeding
two thousand dollars, without previously submitting such
contracts propositions the Secretary OF order
which perfectly nugatoy and unmeanng unless, indeed,
such previous sanction had been required heretofore IN
procuring supplies exceeding thousand dol
lars The Secretary says that he was Informed and II to
be presumed through the proper official channes that had
been the practice of the Ordnance bureau not to require such
previous sanction in exceeding thousand dollars
The 32d regulation ITSELF if by violent construction it
be held applicable to the chief Of the bureau does not
press whether the sanction is to be previous or subsequent
therefore, such practice did exist it practical
struction Of the article tacy approved and sufficient
justification of act done in accordance with it. 10 this
point, also, is the testimony Of Gov. Marcy.
Nor there any subsequent approval by me Of the order
review my conduct this respect with reference to the last
charge At myself with saying that such
approval has been proven, On the contrary, COL Huger
who alone could prove it. and had every motive to do il
had taken place. has testified that expressed surprise at
the of the order he had given, when was first made
known me- and when, as shall demonstrate, at the same
all the necessary steps taken to make that orde
purchase contract, by whatsoever it may be
described completely dead and null and void as if !. had
for moment existed And when afterwards he is
pressed by the Judge Advocate this point and his attention
called directly to the period by the following question
You the crossexaminaton and IN answer to the
question before the last that you had further authority
from Gen. Talco in reference the procuring shot and shells
than the order OF the 9th November Do you that
received authority from him personally here in November
/ 1850 ."
/ He answers:
"NoSE Whatever unless his approval of my letters to
Anderson by Capt Stone and mine kembe be consider.
| ed as such, WHICH DO SoT.'
quen approval of the order to Carmichael out in the spec
fcaton. a
The second charge shall dispatch in few words ven
to affirm that precedent could have been found for
charge and specification Of "Wl dobedience Of orders
and Instructions in which is not charged distinctly aud
specifically that orders and instructions IN fact giren,
and what those orders and instructions Yet such are
the charge and specfcaton-no indeed from any fault Of
the Judge Advocate for his learning and ability such mat
ers would enable him to the gown Of the barster with
equal and grace he the epauletes OF the
soldier and the pen is familiar to him the sword but
because, in fact such orders instructions
given, and have been attempted to be proven Indeed
honorable Secretary has virtually abandoned and
ed this charge upon his examination here, when he said that
in stating the interview with Mr. Anderson in April last,
that the question whether order Of the Department