Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-11-13
NATIONAL INTELLIGENCER.
THE CASE OF GENERAL eRArIor.

the Army some years ago, caused mucn sympa'hy n S
community where he is so favorabiy known. ms case
again brought to our notice by Report OF the
~ Committee of the Senate, made at the close Oh he last
session Of Congress- which was ordered ny 'ha Douy 70
be ninsd and copy of which has just come into our
bonds A. this document will be interesting to all
readers as well to the numerous friends of Gen.
q throughout the country, copy it below entire.
Tho committee will be seen, speak in high terms Of
the career of General Gratot in the army for period of
nearly forty years. and virtually acqut him of the charges
alleged against him in 1885, which made the grounds
for his summary dismissal from the army They regret
that they cannot go further than this it is not in
their powerto afford adequate remedy by recommending
the passage of any law for the relief of the petitioner
1t may not be in the power of the committee to afford
dress to this officer whose in the army for forty
years they declare may justly excite the pride and ad
miration of every American citizen; but if wrong has
been done him. to be admitted the power of
remedy should exist somewhere in the Government The
pleas Of General Gratot are FIRST that the summary dis
missal was the exercise of power arbitrary and
rary to the meaning and intent Of the act of Con-
gress conveying it and secondly, that the imputed de-
falcation did exist 1t is admitted by the committee
that both these pleas reasonable and should receive
attention Those who think so, it seems to us should
give that attention those reasonable pleas and if they
prove welfounded and that General Gratot has been
wronguy deprived of his commission, and Of the rights
and benefits pertaining to it then the wrong should be
repaired Distinct from its individual bearing 1t appears
to us there is principle involved in this which
should be settled, #R
In THE SENATE OF THE UNITED STATES, AUGUST 81
Read and in Herewith, ordered that the
committee be discharged from the further consideration
of e1ubject that the injunction of secrecy be
moved from the report and the documents submitted
theewith and that the be printed for the of
The Senate
Tle Committee on the Judiciary to whom was referred
the memorial of General Charles Gratiot after care
full consideration thereof, ask leave to REPORT:
That the prayer the petitioner is for the expression
of the opinion OF the Senate upon the legality of the pro-
ceedngs in the dismissal Of the petitioner from the army
of the United States
The simple expression of such opinion scarcely
consistent with the duty of the Senate compatible with
the public interest for it would very possibly imply the
necessity of Interior proceedings not contemplated in the
petition and which it Nould be manifesy improper to
originate this wise, or from this committee at ALL As
far, however, the committee may be justified in pursu
ing the desired they win proceed very cheeruly
The of the petitioner in the army of the United
States during long period of nearly forty years, is
matter Of history that may justly excite the pride and adj
miraton of every American citizen Brave in battle he
presided for long tme with distinguished honor and
ability, at the head of of the most difficult and ardu
GUS bureaus of the military department. and has left to
the country lasting monuments OF his skill and science in
the construction of various magnificent Notifications both
While thus honoraby and usefully employed in the pub
lie service for many years. he constantly conded
in by his country and abused her confidence in the
disbursement Of immense sums of money and lived hon
ored and respected by all classes Of with faint of
suspicion attaching TO his name
With character high to sustain him. the charge of
malfeasance in Office should be received with great
ton by the people, and rgdly scrutnized by Congress-
and influences of any nature whatsoever should
be permitted prevail in his case; but if unfortunate
~ such influences do obtain ground then it is obviously
the imperative duty of Congress to remove hem for
higher duty deyoves upon the Federal Legislature than
the protection of the honor Of its military officers of which
u.s. necessarily to very great extent the chief GUS
todian.
In the attainment of this object obstacle whatever
should be allowed to interpose Wherein legislation is
deficient should be supplied, and all bars of rules and
regulations of the service should be removed for nothing
can be so dear to the American officer his honor and
nothing should be assduousy guarded by the Ame
rcan people than that for the honor Of the soldiers of
the republic is in no small the life and spirit Of
enlightened freedom With these brief general observa
tons, the committee WILL as briefly revert to the case Of
the petitioner.
The case of General Charles Gratot who was the chief
of the corps of engineers in the army of the United States
has been deliberately discussed in every circle and
fully reported upon Congress- that the history Of the
whole case is familiar to every
The alleged grievance which constitutes the of
his dissatisfaction was the summary dismissal of the pc
ttoner from the army, in the year 1885, by the Pres
dent Of the United Staesrst upon the plea that the
power thus exercised arbitrary and contrary TO the
true meaning and intent of the act Congress conveying
it and secondly that defacaton in the accounts Of the
petitioner which the assigned for the removal
did not and never did exist in truth.
In support Of his first plea the petitioner exhibits a
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-chef upon
parallel case than which authority can be higher
In support Of the second plea he denies totally the
truth Of the charge of defacaon and contends that he is
and was indebted to the United States for
neys misused by him, and that just and legal adjust
men Of his will bring the United States in debt
to him that the Withholding Of the funds upon the de-
mand Of the Secretary Of War, measure OF sefde
fence justified by the circumstances case and that
he then and is prepared for equitable settle
ment which is his demand and desire.
1t to the committee that both Of the pleas
reasonable and should receive attention urged they
are, with the earnestness of conscious recttude by gall
liant soldier who has acquired right be heard from
the blood he has split in battle.
Further than this the committee regret they cannot CO.
il is not in their power to afford adequate remedy
BY recommending the passage Of any law for the relief Of
the petitioner and they therefore ask leave be dis
charged from the further consideration Of the subject
WASHINGTON, july IL, 1852.
SIR In addition to the proofs Of facts submitted in my
memorial referred to your committee for examination
respectfully beg leave through you add thereto the
accompanying printed brief of the case with further evil
dence to the state Of Oppressive dgcss placed
der at the time the demand made Of alleged bal
due by to the United States This evidence
is contained in the letter Of General Macomb of the oath
January, 1889 The original lost in the Departments
but is certified to with reference to its ecc and the
conditions upon which might be doved TO pay the sum
illegally asked These proofs found in the letter of
the Secretary Of War of the Goth umo and in the letter
of Mr. Sanford, and certificate Of the 3D. Of the
nnth nlu.l NJ - UI.nlt