The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-02

and that the sum Of $40 900 will be offered as re
ward to the first steamer that shall arrive at either
one of these places.
The result of Lieutenant Gibbons exploration Of
these water are, moreover looked for, ii is
said, with exceeding interest by the Bolvians.
INCA.
The Case OF General (sratiSt.
The case Of General Gratiot, whs was dismissed
from the army some years ago, caused much SYM
pathy in this community, whore he is favorably
known His case is again brought to our notice by
report Of the Judiciary Committee of the Senate,
made At the close Of the last session of Congress-
which was ordered BY that body to be printed, and
q copy of which has just come into our hands. As
this document will be interesting to all our army
readers, as well rs to tho numerous friends Of Gen.
eral Gratiot throughout the country, copy it be-
low entire.
The committee, it will be seem speak in high terms
of the career of General Gratiot in the army for
period OF nearly forty years, and virtually acquit
him of the charges alleged against him in 1888,
mssal from the army. They regret that they can
rOt further than this, Gas is not in their power
to afford an adequate remedy by recommending the
passage OF any law for the relief of the petitioner
1t may not be in the power of the mittee to az
ford redress to this officer whose in the army
for forty years they declare "may justly excite the
4 pride and admiration of every American citizen;"
but # wrong has been done to him, as seems to b
admitted, the power of remedy should exist some
where in the government The pleas of General
Gratiot are, 6rst, that the summary dismissal was
thSexercise Of power arbitrary and contrary to
the true aiming and intent of the act Of Congress
cation did not exist. It ID admitted by the COM
mittee that both these pleas are reasonable, and
should receive attention. Those who think 80, ii
seems to should give that attention to those rsa-
sonsble pleas, and if they prove we'll founded, and
that General Gratiot has been wrongfully deprived
OF bis commission, and Of the rights and benefits
pertaining to it. then the wrong should be repaired.
Distinct from itsindivdual bearing it appears to us
there is principle involved in this case which
should be settled.
In THE SENATE OF THE UNITED STATES, Aug 81.
Read, and, in concurrence Herewith, ordered that
the committee be discharged from further consi.
deration OF tho subject; that the injunction Of
secrecy be removed from the report, and the do
cunents submitted Herewith; and that the same
be printed for the use Of the Senate.
The Committee on the Judiciary, to whom was re-
feIred the memorial Of General Charles Gratiot,
after careful consideration thereof, AK leave to
report
sion Of the opinion of the Senate upon the legality
Of the proceedings in the dismissal of the petitioner
from the army Of the United States
The simple expression Of such opinion scarcely
seems consistent with the duty Of tho Senate, or
compatible with the public Interest," for it would,
very possibly, imply the necessity Of Interior pro-
esed,pgs net contemplated in the petition. and
which It would be manifestly improper to originate
In this wise, or from this committee At all Ks for,
however, as the committee may be justified ia pur-
suing the couris desired, they win proceed very
cheeffully
The career Of the petitioner in the army of tho
United States, during a long period Of nearly forty
years, matter of history that may Justly excite
the pride and admiration Of every American Citizen
Brave in battle, he presided for long time, with
distinguished honor and ability, 1T the head of one
Of the most difficult NJ arduous bureaus of military
departments and has left to the country lasting mo.
numenti Of his skill and science in the construction
various magnincent fortihcations, both to exhibit
her strength and to ensure her safety
While thus h0nOrably and usefully employed in
the public service for so many years. he was con-
stanty confded in by bis country, and never abused
her confidence in the disbursement of immense sums
Of money, and lived honored and respected by al
classes Of men, with no faint Of suspicion attaching
to his name.
With character SO high to sustain him. the
with great caution by the people. and rigidly scru-
tin'zed by Congress, and no unjust influences, of
any nature whatsoever, should be permitted to pre-
vail in his case; but IT, unfortunately, such inau.
ences do obtain ground then il is obviously tho i'm
perative duty Of Congress to remove them; for no
higher DUTY devolves upon Tho federal legislature
than the protection Of the honor of its military Off
GERS, OF which 1t is necessarily, to very great
tent, the chief custodian.
In the attainment Of this object, no obstacle what
ever should be allowed to nterpose. Wherein iegis-
lation Deficient it should be supplied and a bars
Of ard reguatio rs of the service should be re-
moved; Tor nothing can be SO dear to the American
officer as his honor, and nothing should be more
assduously guarded by the American people than
That's for the honor OF the soldiers OF the republic is
in no small measure; the life and spirit Of enlight
eIed freedom. With these brief general observa-
tiors, the committee will as briefly revert to the
case Of the 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 SO deliberately discussed In
every circle, and fully reported upon to Congress,
that The history Of the whole case il familiar to
every one
The alleged grievance which constitutes the cause
Of his dissatisfaction the summary dismissal of
IL petitioner from the army, in the year 1885, by
the President Of the United States, frst upon the
plea that the power thus exercised was arbitrary
and contrary to the true meaning an3 intent of the
act Of Congress conveying it.; and secondly, that
defalcation in the accounts of the petitioner.
which was the cause assigned for tho removal, did
not and never did exist in truth.
In support of his first plea, the petitioner exhi
bits mass Of testimony, which 10 certainly entitled
to be very calmly weighed and measured ; and
amongst the same is the opinion Of the General
CemmandiDg.in Chief upon parallel case, than
which ne authority can be higher.
IL support Of the second plea, he denies totally
the truth Of the charge OF defacation and coneu IL
that he is not and never ndebted to the United
States for moneys misused by him, and that just
and legal adjustment OF his accounts will bring the
United States In ebt to him; that the Withholding
Of the FUNDS, upon the demand Of the Seere AIRY of
War, was measure Of self defence justified by the
circumstances of the case, and that hs was then and
is now prepared for an equitable settlement, which
IL his demand and desire.
1t seems 10 the committee that both o. the pleas
reasonable and should receive attention. urged,
they are, with the earnestne,s Of conscious REQ.
ttude, by n gallant soldier, who has acquired .
right to be heard from the blood hs has split Ia
battle.
Father than this, the committee regret, they
Garnet go, US II ia not in their power 10 AFFORD an
adequate remedy by recommending the passage OK
any law for the relief Of the petitioners and they
therefore nsk leave TO be discharged from the far-
ther consideration Of the suhjost 80
WAsHIHGToN, July IL, 1852,
SHIN addition to the proofs OF facts submitted
in nv memorial, referred to your committee for
examination. respectfully beg leave, through you,
TO add thereto the accompanying printed briot of
the case with further evidence az TO tho state Of
oppressive dmess was placed under at the time
The demand was made of an alleged balance as
due by me to the United States. This evidence is
contain ed In the letter Of General Macomb of tho