The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-19
Army Intelligence.

THE COURT MARITAL UfoN CAPT. A. r. HOWE
No. 10 hKw YoRx, Jcne II, 1857.
l. by the eenela Court Msril Instituted IN Special
OrdCrs No Ca e June 1857, which convenct q; Fort
Monroe Va and OF which Colonel Joseph X p Ga1shei,
Inspector General Is President vas arragDed and tiled
Captain Albion Y. Howe, 41h Artillery on the following
charge and specifications
C1ar0e-Copduc 10 the prejudice OF good order and
mill AIRY discipline.
the garrison for Monroe Va the lst day of April.
1851 did then and there order garrison Court Marital to
try charge Of "dsohcderce OF orders contrary 10 the
General Orders No H. 1862, duly Published 20 the army,
wherein Is adjudged ard ordered that such charge q
not triahle by such court
Srs,16cs,n In .ha he the said Howe commanding
Aforesaid ai time sud place Aforesaid did then and
there put IN arrest the members ola garrison court
a because Of decision Of said Court, the ground Of
Of Jurisdiction not to Try charge OF Sdsobctiepcc
Of orders" scnt by HIM TO said Court tor trial. and therein
he the sad Howe, did abuse his hory and init op
precision upon the said members Of sad court.
To which charge and Specifications the accused pleaded
"not guiiy"
Alter mature delberaon all the evidence adduccd,
the Cour, finds the acca5cd Captain Albion T. Howe, ih
artillery. rs folowe;-
LIST specification, "gulliy.'
"a specification ''guiliy," but the Court 1nds that
another charge. wit breach Of arrest rejected by the
garrison Court also part OF the ground Of the arrcs.
Of the members.
And 'suiss Of the charge.
SENTENCE
And the CouY, does sentence Captain Albion p Howe,
i,h artillery to be "rcprmandcd In general orders"
1.-The General In CHE approves the procee ishgs AID
In this case; and adds the following remarks,
which TO be called for by the proceedings aud Will
suffice In execution OF the sentence
Captain Howe s found guilty, In terms Of "abusng hs
authority" and committing oppression" whether the
authority Illegally assumed need not be here discuss
cd. IL Is enough that ebusvey and oppressively
excrcd This much being given the General In. Chief Il
constrained TO differ with the lenient view which, Judging
from the awarded The Court 10 have taken
OF Captain dowe's offence such leaiency emily be re-
erred to belief the part Of the Court tina, the error
Of Judgment rather than Of nientand yet such
superstition hardly consistent with the express ndng OF
"oppresso1" But of Judgment alone may be high
~ cnlpsble.
The ordinary rights Of personal liberty and reputation
were invaded by Captain Howe, In the persons OF the Of
ncers composing the garrison Court Martial without any
show OF right or any OF necessity.
Apart the General Orders bearing the issue, the
law the 9Th and GTth Articles OF War, Afforded prirt1
face eyt e COnscieaH discharge OF duty, rot
Of an uUmpeac able Judgment, The part OF the mem
bers OF the gsEcn Uours Maata serving their oa'hs
n Captain Howe prepared, BY pee iar refinement OF
legal kuc ledge rebut this presumption and to convict
them OF error aud accompanying intimacy, was cary
10 refer the subject 20 higher authority close at hand,
wiaiout rcsurt 10 harsh measures.
The prime pic snd policy of the regulation forbdding The
arrest Of officers "or light offences" we're evidently inst
the arrest nd ed for doubtful offence, and IN public
emergency
CAPTAIN Howe vii! be released from arrest
III The General Court Martial OF which Colonel Mans
field il President IL hereby dissolved
BY command o. Rrevct Lieutenant General Scott
CSC. " LAY, Acting ASST All aenerh,