New-York daily tribune., 1856-03-26
THE CASE OF LIEUT. HENsuAw, U. $. A

To As Editor sf The " Y. TTibme.
Sir: have just seen paragraph from The WASH
Sngton Star, in relation to my trial by CoNrtMartal
for dsobedenoe Of orders dsrespect to the command
ing officer, and conduct unbecomng an officer and
gentleman. The public take but little interest in per-
sonal matters, and should not have inruded my own
npon its notice but for the needless publicity that has
been given to them nor shall reply any further than
10 give brief statement of the origin of and the cir
cumsances out of which this trial arose. in order TO
correct the erroneous impressions which such para
graph 10 apt TO create among those who are unac'
quanted with military habits, and especially military
Justice. The publication of the whole proceedings
will disclose facts of outrageous character as TO
render impossible to touch upon them in this
municaton without induging in personalities unneees-
sary 10 my defense against publication that can only
be Injurious by not being understood.
A year ago last January was directed to make my
clean out the yard of one OF my officers, and was
required 10 superntend II in person The order was
verbal one and was in every particular contrary to
the established printed regulations Of the army which
requires such orders TO be given in writing aud
preesly defines how and by whom such menal labor ia
10 be performed This order being irregular and
lust both 10 the men and myself aud its object 10 hui
initiate me- by making me superintend the cleaning of
Che yard of of my eubordinstee, demanded 1t in
writing, required by regulations, and expressed my
intention TO demonstrate to higher authority. This
ended the interviews and the following morning the
order issued in writing without requiring me to
superntend its execution, and accordingly gave the
necessary instructions the subject but nevertheless
proceeded TO write remonstrance against the MUS
tce 10 my men, reporting at the time the official in.
roencs and abuse that they well nearly every OIL
in the post had for long time been subjected to-
week after this occurrence TO my surprise, false
charge of refusing TO obey the order was preferred
against me, and 40 attempt was made to infoym the
commanding officer that the necessary instruction. had
been given on the subject, but that up TO that time
the means provided for the purpose by him in
sufficient to accomplish it, This explanation would of
ha al sueh n al pharCr
but explanations refused and even remark was
prohibited. then perceived that the charge con-
cocted as All Offset to my remonstrance for it seems
10 have been long settled principle at headquarters
that, when mutual accusations are preferred By COM
mander and his subordinate, the latter must succumb
night or wrong; and as the serious charges made by
me could be eyaded in no other way, this counter
charge was resoted TO- and all efforts to show its in
justice absolutely repelled This is not a mere ex
parte assertion; it record and is part OF the cvi-
oence oi disinterestei officer and remains uncou-
uOVelted Every military man knows that a refusal
10 obey an order IS followed by au immediate arrest;
and the remarkable circumstance in this case is the fact
that no notice was taken of it until week after when
my remOnStrance was TO be forwarded This i hr;ef
statement OF oil the particular in relation cbnre
The Ony witness offered IN proof of it was the Com.
nanoiIg officer himself while the testimony for the
atierso was oiTcumstantia and documentary includ-
ms that Of the officer whose ward OcasOned the con-
uVNersy-eydcncc conclusive Of tue injustice of il
lS' no Court in CLIisteIdOn but a COur-Mirii
toohPosed OF half the number authorized by law and
a H1inyIHy JUNIOR to me in rank could have Sustained
this solitary witness
. IN "a. month of May following obtained a copy Of
the tterse forwarded with my complaint. aud then
ScoSeIsj that he had also gone bcyond the pale Of
sra s Un,lSi TaneS TO niiet upon gross outrage
And Personal nsst in which tatho1fA c,uches IN suSb
Ambiguous terms as to preclude the possibility of ascer
eSg iuiy az that was meant the Intention IA cast
msotean upon my statements and prevent an ipvfStl.
sg seSyn was nevertheless sufficiently evident. Thi.
Grew lom me stl cravor accusations aysins.
run, nhicA forwarded TO heedquaStery ana o,r3 ~
n.orv, 40 20 anord hrn a. opportunity O. qsk s,r
PoiOp' Dyes''gassa. sept A.a, copy Of ,ben. and