The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-19

tsl, ssud challenge 70 AA Harvey 70 nsat duel, n
wAsnlrc,os. D. G.. Feb. IS ;s's-s,s.A. more TIA.
rs you ; ~: s e
s. ssys asss q invite Pm . place ySu
a. sns M 2 vs:a
an, viii due respect; - s,, o-,.c.,urx
Br., Brig Gen. nssnss oS,s SsPss'
CnAROk Ill.,. U.fraidng another oficer Tor refusing
'hs lsnse IN violation Of The 9sth article o. wsr A..
Sfsci6Daton-In this, that he, the said summer did,
q, Wa hnetop c. on the leah Of February, 1855 up
bIsid The said Harvey for refusing 70 eight duel In
wnulEcror O., Feb. Is. issa
s-I received with sarps:s your nots Of L.. even,
Ds io sas Sn Iron 20 =
r.S ds@snS Is utterly unworthy o.; further sOoo
Brevet Brig Gen. " HARsET, Col. "a Dragons.
will be sent 70 every member
To which charges and specifications the accused plead
ed "not guilty."
FINDINGS OF THE COURT.
ne Court, after matwely considering the evidence,
ind the ACQUIRED Colonel Edwin " Sumner, iss Cavalry,
as follows
os.ss:i-srssfea'.~ "nos guilty.; and emo. guilty
cs.ss. II Specification nos guilty. and "n0. guilty
CHARGE lLpae.aea.son, emo. guilty p and "aos guilty
The dns Of the general Court Martial in the fore
going have been laid before the Secretary OF War,
WAR DEPARTMENT, March IL, 1868.
There dispute 70 the facts in this case The only
que ston is the conclusion 70 be drawn from them The
verdict OF the Court smOunts u this that General HAr
ney apewer the Court Martial u Fort Leavenworth
letter Of the 18th February is no. challenge duel
The department dsspproves the finding Of the Court upon
both points.
volunteer. When objected TO a. . member by Colonel
Sumner, ano the cause Of the challenge stated he made
40 answer until nterroga.ed and required state spe
ciHc a hAaa Or Drpiu ca
al 70 prejudice be admitted that he never had any
very little, respect for Coorel Sumner soldier !"
stated 70 tho Court, General Harvey had preferred
aganst him, and the War Department had re-
fused 70 entertain, that :. he believed they would
have been brought to tria improper and untrue state
nens had not been made to the Secretary Of War" In
his answer Gen. Aarne, wen, further than was neces
sary and proper But be called upon 10 state specd
caly his prejudice &C. Such inquiry ought not to be
made unless by the accused, who may bring out unfa-
vorane opinions Of himself TO sustain his challenge
The answer he made in good faith, Is official and
II Col summers note OF the 18th Of February Is achal
military authorities and the decision OF court martias
clear in this regard They lay down what s indeed the
necessary doctrine TO give effect TO the law that "no
particular phrsseology, set form, is necessary TO
challenge" nor ia formal invitation to hght," but ga
hint suggestion s sufficient, and even 'such
defiance casts the burden the other party" As
challenges are in violation OF law ingenuity is not
VI commonly exercised 10 avoid plain expression OF
their purpose. But these are arehces TO defeat the
law, which courts of law will favor. And
when the meaning s 80 clear as TO be Ineligible
to the party who receives the challenge it answers
pun pose and ia Ineligible TO the tribunal which tries
it. In this case, however the challen &c is plainly
pressed, not conclusvely interpreted by
the rest of the correspondence and expressly {" dc
mand of satisfaction"
Tie doctrine OF the findings in this would render
the article Of void and imperative by indicating
mode OF doing without breach Of the law what it the
exact purpose Of the law to forbid
rigid enforcement OF strict discipline in the army Is
the essential requisite for It's honor and efficiency
the bonds OF discipline loosened is only question
of time when the army will become a mob, and public
opinion will sscribe 70 it that character before it
would be fairly entitled to IT,
JOHN b FLOYD, Secretary o. War
III. The general court marital, Of which Brevet MAJOR
General Thomas :. Jesup is President, is dissolved
". Colonel Edwin Sumner, lst Cavalry, is released
from arrest and will Join his regiment in Kansas.
BY or order OF the Secretary 81 War.
S. COOPER, Adutant General.