The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-11-11
General arataot.

u y
rial of General CHARLES GRATioT, it seems
due to that officer that the report, with the
documents which accompany 1t, should be
made public:
IN THE SENATE OF THE UNITED STATES.
AUGUST 81, ls52-Read, and. in concurrence
herewith, ordered that the committee be dis
charged from the further consideration OF the
subject; that the injunction OF secrecy be re-
moved from the report, and the documents sub.
mitted herewith; and that the same be printed
for the use OF the Senate.
The Committee the Judiciary ma ,,o g,
lowing report: WIG 'o'i
The Co.
referred the memorial Of General Charles Ora
tot, after careful consideration thereof ask
leave 10 reports
That the prayer of the petitioner is for the express
sion Of the opinion OF the Senate upon the legality
of the proceedings in the dismissa OF the petitioner
from the army OF the United States. Is.
The simple expression 81 SUCH An opinion scarce.
ly seems consistent with the duty OF the Senate or
compatible with the public interests; for IL would
very possibly, imply the necessity Of Interior pro
ceedings not contemplated in the petition, and
which II would be manifcstly improper originate
on this wise, or from this committee at all AZ
far, however, as the committse may be justified In
pursuing the course desired, they will proceed
very cheerfully. =
The career If the petitioner in the army of the
United States, during long period Of nearly forty
JN~-st - hAotCf VI history tn6t may Justly ex-
cite the pride and admiration of every America
cluzen' br-.e IN battle, he presided, for long
,iIne, with distinguished honor and ability, at the
head Of one of the most difficult and arduous bu.
reaus OF tho military department, and has left to
the country lasting monuments of his skill and
science in the construction OF various magnificent
Notifications, both TO exhibit her strength and to
insure her safcty.
While thus honoraby and usefully employed in
the public service for SO many years, he was con.
stantly conided in by his country, and never
abused her confidence in the disbursement of i'm.
msnse sums OF money, and lived honored and
respected by all classes of men, with no faint OF
suspicion attaching to his name.
With character 80 high to sustain him, the
charge of malieasance in office should be received
with great caution by the people, and rigidly
tnZed by Cong ress, and no unjust influences, Of
any nature Whatsoever, should be permitted to
prevail in his case; but il, unfortunately, such in
fiuences do obtain ground, then it is obviously the
imperative duty OF Congress to remove them; for
lature than the protection of the NOR of its mill
tary officers, Of which it is necessarily (. =sTy
great extent, the ch.ss sustoGian.
III the attainment Of this object no obsteco wnur.
ever should be allowed to interpose. Wherein
legislation is deficient, il should be supplied, and
all bars of rules and regulations of the service
sh )ud be removed; for nothing can be 30 dear tn
the American officer his honor, and nothng
should be more assiduously guarded by the Anne
can people than that for the honor of the eoldiers
OF the Republic Is in small measure the life and
spirit OF enlightened freedom With these brief
general observations, the committee will, DIS bret
y,, revert 10 the. case Of tbe petitioner.
The case of General Charles Gratiot, who was
the chief Of the corps Of engineers in the army of
the United States, has been deliberately disc
ed in every circle, and 30 fully reported upon to
Congress, that the history of the whole case is ia
miliar to every one. ...,...
The alleged grievance which constitutes the
cause of his dissatisfaction, was the summary dis
missal OF the petitioner from the army, in the year
1888, by the President Of the United States-frst
upon the plea that the power thus exercised was
intent Of the act OF Congress conveying il; and
secondly that defalcation in the accounts Of the
petitioner, which was the cause assigned for the
removal, did MOI and never did exist 10 truth
In support Of his first plea the petitioner exhibits
a mass of testimony, which is certainly entitled to
be very calmly weighed and measured; and
amongst the same is the opinion Of the general
commanding in. chief, upon a parallel case, than
which no authority can be higher.
In support of the second plea, he denies totally
the truth Of the char of deacation, and contends
that he ia not and never was indebted to the Uni
ted States for moneys infused by him, and that a
just and legal adjustment of his accounts will
bring the United States in debt to him; that the
Withholding Of the funds, upon the demand OF the
Secretary OF War, was measure of selfdefence,
justified by the circumstances OF the case, and that
he was then and is now prepared for an equitable
settlement, which is his demand and desire.
1t seemH to the committee that both of the pleas
are reasonable, and should receive attention,
urged, as they are, with the earnestness of con-
scous rectitude, by gallant soldier, who has &C
CURED right to be heard, from the blood he has
spilled in battle . ,..
I'd Further than this the committee regret that they
cannot go, it is not in their power to afford on
adequate remedy by recommending the passage
of any law for the relief of the petitioner; and they
therefore ask leave to be discharged from the fur
Their consideration OF the subject ...
WAsHINaToN, July IL, 1852.
SIR: In addition to the proofs of facts submitted
in my memorial referred 10 your committee for
examination, respectfully beg leave, through
you, to add thereto the accompanying printed
brief of the case, with further evidence TO the
state of oppressive duress placed under at the
time the demand was made Of an alleged balance
as due by me to the United States. This evidence
is contained in the letter of General Macomb Of
the oath January, 1899 The original was lost in
the Department.; but is certified to with refer.
to its tristence. and the conditions upon which
might be diioiCed to pay the sum illegally asked
These proofs found in the letter Of the Secrcta
ry of War of the 29th ult, and in the letter of Mr.
Sanford, and certificate OF the Sd or the same
month. The character of Mr. Sanford can be es-
if needed, by the Senators from Mssou-
ri, to whom he is well known The proposals
made through General Macomb show that close
analogy exists between my case and that OF Lieu
tenant Roberts, for whose relief the Scnate's COM
mittee reported a bill, asserting in their report
"that the proceedings Gin his case) were. in every
respect, exceptionabc." / am fully aware that
the Senate cannot, without the inter position OF
other branches Of Govern restore me to my
legal position in the army; bot certainly it is not
barred, as conservative body, from the power Of
c Expressing their opinion whether the grounds as
sumed by the p esident, in his order of dismissal,
were founded in truth sustained by law, or pro.
tectve of the guaranteed rights Of the citizen d.
rectly affected by that act Such an expression ia
all that now ask. The printed report In the
Of Lieutenant Roberts, adverted to above, lie also
enclosed for reference. syn ..
] take the liberty to enclose copy Of the printed
brief for each member Of the committee, and, if
not incompatible with propriety, may ask the
favor Of you to hand them over according TO their
respective address. ..
am, with much respect, sir, your most obcdient
servant, c. GRATIOT.
Hon. A. p. BUTLER, of the Senate.
Recie,D qf General Gratios case, as submitted TO the
Senate Of the United States.
The act of the 3lst January, 1923, memorial,
49, gave authority only to the President to dig
miss officer from the public service when he
failed to render his accounts for settlement. Mr..
Van Buren, expressly go charges, "that having
neglected to render bis accounts in obedience to
he law Of January 81, 1898, the said General
Charles Gratot is hereby dismissed from the ser.
vice of the United States"
The right to dismiss under this law is the falling
10 "render his accounts for settlement" But the
accounts OF General Gratiot were regularly rem
dered; such ia the proof. This being the case,