The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-20

9sDsss HiAnsUAArras' foar b RanT, K. y Ts
Captain N. Lyon I'd infantry is charged with surveying
the reserve under instructions the Commanding officer
for which purpose he will select three men, and commence
ROBERT +. HUNTER,
BYt. I'd 1t. I'd Inty., Post Adlutant
In which report aoresad e the said Montgomery seek
ing 10 have bis reduction Of the military e.erve at Fort III
Icy confirmed and to the Pawnsa Association In their
occupation OF part OF said did give deceptive ana
false colorng his account in sad report OF his position
and motives in reducing the said military BY setting
out as the explanation OF bus action therein correspondence
with certain citizens in September previous thereby design
ing and making appear that be bad acted in the prem
ses simply public officer, deciding question submitted
dsnterested official Judgment and discretion and by
studousy conceaing and emitting from said report the fact
that was the date Of said report and the date OF his
orders reducing the limits Of the 70 wit the 9Th
February 1861 in order to transfer part OF to the Paw
said associations and that the reduction promoted his per-
sona interests large shareholder therein All which de-
and eonceameut was breach daty and OF official in
tegry and conduct unoeeoming an officer and gentle
Soecaeation ad"In this Thsths the sad Montg omery
in his report aforesaid Of the 10th February, 1855 to the
commander Of the Department the West did give and in
tend said department commander to understand that
the whole amount of the reduction made in the military
by his order of the 9Th February lS65, within the
limits marked and plotted for the town Site for the
purposes Of said Pawnee Association whereas in
truth he had so marked and plotted said limits as TO in
of land for Gov A. H. Reeder so for Robert
Wilson, 40 acres for Dr. Hammond and 40 for Hut
ter ne sRs SAID hontgomery having join, interest WITH
|
claims aforesaid and being the agent of the said utter IN
hiss and therein aforesaid and in grave official matter,
he the said Montgomery with interested and corrupt
yes as aforesaid guilty OF deceit and asehood as aore
said and OF conduct unbecomng officer and gentle
man."
Specification 'In this That he the said Montgomery
commanding Fort Riley Kansas aforesaid having given
az Fort Riley to locate claim upon che military reserve at
Fort Riley defined and proclaimed by his post orders Of
the 4h June 1854 set out in the first of these specifications
and having nterposed his official authority certain
settlers named Dixon brothers. who had located said
claim of said Lowe to yield to said Lowe, to and
compromise with him, and pay him for said claims and said
Dxons having Of said authority and coercion
by said Montgomery paid to said Lowe S225 for his claim
nevertheless he, the said Montgomery did thereafter
is 10 two several OCCASIONS to wit, the LIST March,
his the Pawnee Assoc
an armed party OF soldiers from the lori and by
force and eject the said Dixon and destroy their
all which conduct and every part thereof
abuse OF his authority, violation OF his public duty
and " as conduct unoecoming an oneer ana gentleman.
To which charge and specifications the accused pleaded
mot guilty."
Findings and Sentence Of the Court.
The court after consideration Of all the evidence in the
case, finds the accused Brevet Lieutenant Colonel William
X. Montgomery, major I'd infantry, ns follows:
lst Specification Guilty, except the concluding words
that is say, 'Au hich abuse Of has trust pioa
ton Of his public duty and conduct 5ccoing officer
geneaa such language being regarded by the court
forming part of the specification but simply
as expressing the differences intended the
facts therein forth from which facts viii be the
nce of the court to draw M conclusion when comes to
express opinion upon the charge"
I'd Spoeifcaoa..G Guilty except the concluding words
that say AA hrch and ooncealnac breach
of duty and Of official integrity. and conduct ubeeoag
officer and gentleman which words excepted for
the set forth in the fading to the first specification
81 Specification Guilty except the concluding words
that is say, nd therein otoresad and Craze off,
cia matter he he said Montgomery, ,cih Interested and COR
rapt aforesaid guilty Of deceit and nisehood
and Of conduct uabecoing officer and geran which
words excepted for the forth in the finding
the conrt to , the fret specification
so in the third line OF the specification and the words TO
his pirate interest," and e interest Of hs dssoctotes
an
is al of hich conacf, and every thereof
prose a5ae Of lis authority piolaon 81 is public dtg and
as conduct unJecoptng an Officer and gentleman ; which
concluding words excepted for the set forth in
the finding to the first specication and equity of the
CHARGE.
The court then passed the following sentence That
yet Lieutenant Colonel William r. Montgomery, major Of the
second regiment Of iJany, be Dismissed The serUce Of the
United Sates.'
ii. In conformity with the 65th article of war; the pro-
ceedng of the general martial in the foregoing
have been transmitted to the Secretary of War, and by
him laid before the President Of the United States The
following the orders thereon
WAa DEPARTMENT,
December 8, 1855.
The President has this day confirmed the proceedings
and sentence of the general in the case of
I'd infantry who accordingly to be officer of the
army.
the other officers Of the army who engaged in the Pawnee
Association establish upon the military at
Fort Riley tney nave no ID TINS
case they have much reproach themselves for in nuenc-
ing the commanding officer take the step which has
VOWED him in such difficulties.
JEFFERSON DAVIS,
Secretary Of War;
III The following opinion Of the Attorney General OF
the United States upon certain questions involved in the
proceedings Of the general martial in the of
Major and Brevet Lieutenant Colonel Montgomery pub
shed for the information and government of all concerned
/ ATTORNEY GESERALs OFFICE,
December l. 1855.
/ Sir: Your communication OF this date, transmitting for
consideration the record of the trial of Bvt 1t Col W.
! II. Montgomery by general martial,
opinion Of the questions whether the finding of the
upon the specifications connected with the finding upon the
charge suces sustain the sentence and whether the
captions of the the contents of the pecca-
ton correctly TAKEN 5-sa.ga
the that the
had upon single charge with four specifications under it,
exhibited By order of the War Department.
The charge isConduct unbecomng officer and gen
tlenan"
1t necessary, the understanding Of the points OF
law submitted to go all the specifications,
repeat any of them Analysis of the first specification
will put view the entire subject of inquiry
That specification states that Bvt Lieut. Col Montgomery,
being in command at Fort Riley in the Territory Of Kansas,
did certain acts in virtue under color ot his office and
mand which forth full and then concludes in these
Words
public duty, and conduct unbecoming officer and
| gentleman"
Each Of the three other specifications is framed the
heorY-that is it forth the charged in FULL and
the words but words standing the legal
aton the concluding expression OF the first specification
The court found the accused guilty each specification,
and guilty Of the charges but to the first specification