Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-10-06
A Calumny Exposed.
Ynou rux NEW YORK ExrKEss.

A Calumny SxPoSeu.
la PROM THE NEW YORK EXPRESS.
r,,,y ,u.,,,t IA prejudiee tbs Germans. against
@-sG,n. fScorr, bu a German Loeofoeo paper, err
posea! The H5eiers foiled IN their design. -
Every attempt thus far to yillify and traduce the
patriot Gen. Scott by Locofoco papers and stump
orators SO far from accomplishing their nefarious
schemes, has in the end recoiled upon them, from
the exposition of facts which such calumnes hive
caused in reply to be brought to light by the friends
of this greatest and most deserving of living gen.
erals To this cause alone is to be attributed the
publication of the order shall embody in this ar
ticle, issued by Gen. Scott upon the finding of a
military court-martial at San Angel, in Mexico, at
which TwENrY-NisE DEsERTERr from the Amen
can army were found guilty and sentenced to be
hung, So far from this order initiating against
Gen. Scott, it exhibits HIM to the world, it did
at that time to his amy, one of the mostjust and
law abiding men of the age, and IN the admins ira
ton of the laws as fearless as he-was compassion
ate and humane. 10 Et9raVT
1t seems that while Gen. Scott was at Columbus,
in Ohio, Judge Heyl, of German descent. called
Gen. Scotts attention to calumnious publication
in the WestJote, Locofoco German paper, in
which Gen. Scott was charged with whipping thir
teen Germans, and hanging several Others, upon
charge of desertion and rape. That every Ger
man or other naturalized citizen may clearly COM
prehend and fully understand the order of General
Scott to which the Locofoco German paper had
ference it may be proper to inform them that Gen.
SCOtt nap 10 pOWtIy uOI ulu uC ShSi SASiSisS any
in the punishment of any offenders in the Ameri-
can army, save in the carrying out of a sentence
formally and legally pronounced against the ac-
Cused, who had been first tried by court-martial of
given number of officers OF rank before whom
they had been brought and heard in their defence.
And in this instance, as the sequel will disclose,
Gen. Scott far departed from that finding, in the
exercise of discretion with which the laws of his
country clothed him, as to modify the punishment
from death upon the scalold, in several instances,
to ,ohiPping. Now for the simple and plain facts
in this case. ..-...-, ....... ..., f,i
At the great battle Of Churubusco there was a
corps in the Mexican army known as the "Battal-
ion of ST. Patrick" composed of one hundred and
twenty men, all of whom were deserters from the
American army. They were organized by Santa
Anna and commanded by deserter named Riley,
who deserted from Cen Taylors army immediate .
ly after the battles of Resaca de Ia Palma and Palo
Alto. He was the moving spirit in getting up this
legion of American deserters, and was great ia
yorite both with Santa Anna and the Mexican ma
ton. In the victory Gen. Scott achieved at Chur-
ubusco large number OF these deserers were
taken prisones, mostly b. Gen. Shields Brigade
Under the articles of war, established by act of
Congress, desertionin time of peace can only be
punished by flogging and branding, while the PEN
atty for desertion in time .ofswaI IS deaM! These
deserters thus taken prisoners at ChurubuSco with
arms in their hands, and clothed in the uniform of
the enemy, were Americans, Germans, and lrish-i
men. They were orieled by Gen. Scott to be tried
by court martial composed Of the most esimable
officers Of high rank that our army could boast of,
the president of which court martial was Bvt Ma
jor General Rile himself an lrishman. Twenty
nine were tried for treason in deserving their coors
in time of war and i'll the face of the enemy, found
guilty by this courtniartia and the whole of them,
including the notorious Riley sentenced to be hung
AS was the duty of the judge advocate Of the Court
martial, n record OF ltsproceedlngS was made out
and transmitted to Gen. Scott for his approval or
disapproval, and TO fix the day upon which the
sentence should be carried into execution. TWAS
upon the revision of this record, and giving it III
whole part his Official sanction, that General
Scott issued the following order, an evidence on
his part of strict love of justice and unfalterng
respect for law that canuot but command the adj
miration of his most uncharitable and bitter re-
vlers:
General Orders, ; HE.DauAnrEHs OF THE AaMr.
No. 2SI. TAcUnAYA, Sep. s, 1857.
H.. Proceedings OF General Court Martial, of
which Col b. Riley, I'd Infantry is President, con-
vened at San Angel, Mexico, by General Orders
No. 20S, Headquarters of the Army.
Before the said Court were tried the following
named prisoners, privates of the Arm! OF the Uni
ted States: o. ~ ~ i.t-..
1. Hem Nerator, J. company, I'd Dragons.
2. Francis Rhode, ]. company, I'd Dragons.
3. Thomas Riley, H company Sd Infantry.
4. VIM. A. Wallace, c company, Sd Infantry.
8. Lawrence Mucky, company, Sd Infantry.
G. Patrick Dalton, ID company, I'd Infantry.
7. John Shecan, G company, 9Th Infantry
8. John A. Myers, company, 9Th Infantry.
10. Henry Newer, d company, 4th Artillery. ~
IL. El:ZeI S. LuSk, @ company, Sd Infantry.
~. James Spears, D. Company, 18th Infantry.
b. Dennis Conahan, j. company, It'll Infantry.
II. James Mcdowell, G company, 18th Infantry.
Is. James Mills, ii company, Sd Infantry.
16. Martin Lydon, ID company, 18th Infantry.
II. VIM. H. Kecch, T company, 4th Artillery.
IS. VIM. Oathousc, company, I'd Infantry.
10. Henry Octkcr, d company, 4th Artillery.
20. Edward McEclron, G company, 4th Artillery.
81. VIM. O'Connor, r company, LIST Artillery.
%. Andrew Nolan, G company, 4th Artillery.
%. Herman Schmidt, d company, Sd Infantry.
"a. Hezekinh Ackles, II company, I'd Artillery.
25. John Barley. II company, Sd Artillery.
%. Alexander Mckee, H.. company, Sd Artillery.
81. John Reilly, company, 9th Infantry.
IS. r. w. Garrctson, II company, Sd Artillery.
90. John Bowers. II company, Sd Artillery.
Each and all charged with dcse,tion othe enemy.
Each of the prisoners pleaded not guilty.
a' SENTENCE. N. -.s..,r. ..s.a... u F.
The Court found the above named prisoners gull
ty as charged, and sentenced each (two-thirds of
the members of the Court in every case concurring
in the sentence) 10 be hanged by the neck until he is
dead.
IL -. The General in Chief approved the fore
going proceedings and sentence, with the follow
ing exceptions: The cases OF Thomas Riley, COM
pany II I'D Infantry, James Mills, company, H. same
regiment, and Solin Riley, company X, 9Th 1nfan-
try. These three prisoners severally committed
the crime of deSeron as charged, in the early part
OIL Apll, lSiu. Al mat uate Inc Onlteu states
were a peace with Mexico and all the world, for
the present war not break out in fact till la
ter date, and was not recognized TO exist by the
Congress of the United States Till the 18Th of the
following month. No higher punishment can
therefore be inflicted upon these atrocious Offend
ers, Il. Reilly, S. Mills, and ]. Reilly than that
prescribed Tor state of peace, viz. fifty lashes well
laid on the bare back of each and their punish
uent is committed accordingly, with the addition
that each be branded on the cheek with the letter
D, kept close prisoner as long as the Army re-
mains in Mexico, and then LIE drumlned out Of the
service motif ui:f ui ,,z,-lfs su....ir.t -,la.
So much of the punishment in the case of Henry
Newer, company D, 4th Artillery, as relates to
hanging is, on the Recommendation OF many men,