The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-23
Army Court Martial.
TRIAL AND SENTENCE OF MAJOR HENsHAw.
Nv Dsus ,p DIN A,,rAtu

TRIAL AND SENTENCE OF MAJOR HESsHAw.
GENERAL ORDERS, WAR DEPARTMENT
MOL ADJUrAsT GENERALS OFFICE
WASHINGTON, Jan. H. 1856.
AT The General Court Martial which convened at
Fort Washita Arkansas pursuant 10 WSoeoi. Orders
No. 49, of October Is 1855 from the War Department
and Of which Colonel Henry Wilson Seventh Infantry is
President arragned and tried Breyet Maj John G..
Hensbaw, Captain Seventh infantry, the tolo Wing
charges and specfcations:-
Here follow the charges and specifications.
SENTENCE
The Court does therefore sentence the said Breve Major
John G, aenshsw Captain in the Seventh regiment of
lin conformity with the 65th Ar tice of War the
proceedings OF the General Court Marta. in the foregoing
case have been transmitted to the Secretary of War and
by him laid before the President of the United States
The following are the ORDERS thereon
WAR DEPARTMENT Jan. IL, 1856.
The President has confirmed the proceedings and
tence of the General CourtMsra in the Of Brevet
Major John c. Henshaw, Captain eth Infantry, who
e. 1855. '''''' - 10 a. ''''' u VIC A''
This case involves principles which it is well to
cision on it. y
The charges against Msior Henshaw allege breach of
in letter to tire head quarters Of the army breach
of the SD article in making false statements ming
him in that letter Major Henshaw pleaded in bar Of
these chargesoftbe first that his letter written
exhibit charges against Maj Andrews and to take
appeal ON him TO their common superior aud that it
caLnot be disrespecs exhibit charges take an ap
peal and in bar OF other that an accuse is not tr
BILE for the truth Of the charges till the accused is tried
and acquitted thereof
and appeals not TO be exercised in mode style
the subordinate pleases but with reasonable cir
cunsIecicn, and III good faith and in Subsection the
controlling law Of discipline, which to sustain military
authority requires obedience and orbids disrespect
commanding officers These ghts aud the mode Of
ecisirg them have been well and carefully defined in
the General Order from the War Department No. 49, of
1851 Under color of charges appeals. subordinate
has right avail himself Of the opportunity to be-
have with contempt 10 his commanding officer. Where
euch alleged in the specification, court rtal
will emf ertan ana try the charge
As to the other exception il not competent TO the
Court to sustain it, II matter properly for the
thorty appointing the Court TIE Court empowered
in this Try both officers but il for
the authority appointing the Court to decide other wise
and TO judge which should be put on trial.
The Court, in convicting Major Henshsw the third
charge have their opinion in favor Of Major
Andrews on mputa'iops against him covered by that
charge. The evidence however, shows misconduct
the part Of Major Andrews, which not put in issue
which the Court declined examine and which they
have returned opinion. An expericnced officer who
had served with him admits his treatment Of his
be herth and violent and his conduct very 'reprehens
beN in this respect This the considerable testimony
of friendly witness. and evidence of the fact
calls for decided expression of the opinion OF the Pres
dent commanding officer has right to be insult
ing. harsh abusive to those in his command. Both
officers and enlisted men are equally entitled to be pro-
tec.ed from i'll treatment by him. An officer who
ms such offences is wanting in of the essential
qualifications for commando and IT is to be regretted that
thorough investigation OF this was made by
putting Major Andrews trial
JEFFERSON DAVIS, Secretary of War
o. The General Court Martial Of which CO lionel Henry
Wilson is President, is dissolved
BY or6er Of the Secretary Of War.
S. COOPER Adjutant General