The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-09
Amy Intelligence.
ORDERS NO. a..

Army Intelligence.
ORDERS NO a.
HEADQUARTERS, DEPARTMENT OF TEXAS,
SAN ANTONIO, Feb. s, 1858. !
The following letter from the War Department has been
ordered to be published
WAR DEPARTMENT, I
WASHINGTON, Jan IL, 1858. J
SiR-The orders No 49, December a. 1857, of the
Department OF Texas, before me, the appeal VI
Surgeon Wood, ard the following is the decision there
on
General Twiggs com mi,ted gross breach of discipline
in appointing court OF inquiry in matter in which the
President had appointed court, and IL publishing TO
his command his opjaon and decision 70 contradc. the
opincn which the President had pronounced aad publish
ed in orders.
He no authority to relieve officer from the
the President Lad pronounced him, OF To cast
mpviatops anolher officer, from which the President
had pronounced his entire acquittaL
Besides the otf.Dce against discipline, IL OF nce
sganst justice 10 re try, in the absence of party,
has been fully heard and tried IN the presence OF
General Twiggs is expected hereafter to uudersta
that has authority revise and the deci
of the President and that he will not be permitted to
publish orders snnung or setting aside the orders OF
You are nfructei to communicate this letter to Gene
raj Tsegs aud to Greet him to publish In orders TO the
Very respectfully, your o6edieo. servant.
JOHN b. FLOYD,
Secretary OF War
Colonel SAMUEL COOPER Adjutant General United states
Army.
IL publishing the above as directed by the Honorable
Secretary OF War the Ger eral commanding the depart
deems it butjust himselfto state that his action
in reference 10 this TRANSACTION las been misappre.
hended.
Johnston Lieutenant Colonel Rober, ee Major George
II Thomas with Captain +. X. Smith Recorder, all o.
Texas OF the 18th Of July last few days after It's or
panzsou by the accidents Of service this court
daced to single member, Major George II Thomas,
and 20 remained Until It's adjournment, and consequently
devolvsd upon LIN alone TO make up rs opinion and
hncings.
THIS court was convened BIZ order Of the President Of
the Cucd staes at the request OF Robert c. Wood Jr
late n % Lieutenant OF the % Cavalry, 10 invest
gate ceran reports hurtfu 10 Lieutenant Woods reputa
! ton" which Cspt,n VIM r. Bradfu,e % Cavalry, IL
formed Lieutenant Wood rite among the citizens o
fredericksburg, Texas, snd lis vicinity were beey d
there, and were current spoken OF at San Antonio
The found that the matter not spoken Of a.
Fredericksburg or s vicinity in such manner a. to be
burfl 20 Lieutenant WOODS reputation, and that no re
port believed In San Antonio And they further
md that there ground tor any su:h reports hurfu
10 Lieutenant Woods reputation. They therefore scqut
ted him.
The report hurt.ui 20 Lieutenant Woods reputation
ha: he had stolen from the pocket Of drunken MAJ b.
name Edward Gallagher, poremonnsie or wallet, con
tanning certain sum OF money
Captain Bradfue, conoeiv1g tha. injustice had been
dote him TO vndea'e bis reputation from any reProach
demanded Of General T11ggs court Of inquiry.
The 92d article provides that on the application
o. the accused" court OF inquiry shall be convened
and made IL the imperative duty Of the general com
anding the necessary order court OF inquiry
accordingly convened san Antonio, Texas the
yn,on Of the ouar,ermasers Department. Captain John
NcNuu of the Ordnance Department; Lieutenant Thomas
G. Pitcher, sth Infantry, With Lieutenant Edward d,
Blake sth Infantry, Recorder, aud continued as
sttu,cd until It's adjournment TITS cour, sorupuously
confined their investigations 20 points duplicating Capa1
Bradfutes reputation IA doing found 'tha there
were reports al Fredericksburg and lis vicinity huftal 70
The reputation Of Lieutenant Wood prior the date Of the
letter to him from Captain r1diute and that they
rife . and generally believed" ''that there re
pors burfu 10 the reputation Of Lieutenant Wood IL
s'euce at San Antonio prior 10 the date Of the ene:
Aforesaid and 'thai 10 certain extent Captain Braf
fate wss accessory TO the Circulation OF me reports
question 10 80 "a as 10 coufer With several Of the ocsr
O. s regiment respecting the existence Of the Reports
and g. The best Of communicating tue O
Lcg,CT ant Wood FOR ref1isiou But IL coming 20 tb
conc the court cannot Dad that Captain BradiuiC
vss prompted by Any other than friendly feelings 70
wards Lieutenant Wood, and laudabe design 20 af1rd
that officer opp'r;un y for cNcurston from slega
tors turous " his reputation and by reflection that q
! TIE rcrirtll o. when be e member" The cou-'
io1bd ths, Captain Brad tie had good grounds 'or
Boz e the reports referred tc aEt thai be is not cen
suabs therefor Tor the reasons assigned IN the next pre-
VIII view TO spread before the officers OF this depart
mcni the premises upon which the Honorable Secretary
| Of War, 90 the appeal u Surgeon Wood, has seer
Ut so severely TO blame The General commanding "a
a simple at q routine duty which, If Il had ssy
th1g vrorg ., could only have been OF judg
reut, the publication o. bis letter accompanied -.tl
The above concise statements OF the whole TRANSACTION
uat the sstiote may so With the pOisoa-thai
wherever the censure ma reach there 100 may the cir
c-asts1ces that called forth be fairly ani Justly known
In The second paragraph o, bis letter the Honorss,
General Twiggs committed gross breach Of dscpln,
In appointing oour, o. inquiry 10 matter which tht
|
| command hs opinion and decision TO contradict tht
opiaon Which the President bad pronounced ard publish
| Cd IN orders
In reply o this, General Trgrz has W state ths, u
ordering bis court Of inquiry he simply discharged with
out iavoruT partially, duty made inpsrstvey binding
upo8 him, 70 BIS capacity OF Gensral Commanding tue Do
psruent q rexas by the g2d article Of war which 1.
sc eat 81 show tnai he did rot commit gross breach
Of discipline" BE dit nc, express any opinion thereon
and mot surely did 20, intend "to contradict any opinion
| which the prts.deu' had pronounced
no st1npi was maze as the Honorable Secretary says
IN the third paragraph Of his letter o relieve an officer
from the oensure the President bad pronounced him
~ cast iuputsors another officer from which the
Presdes, had pronounced hs entire acquttsl" As pre-
vously stated sim pie compliance with the recurrence
o; the 9zd article Of var Is all that done.
Tho fourth paragraph says :-' Besides the offence
against oscpne Il offence against Justice 10 70 trv
In the absence u party, what has been fully heard
and tried 10 the presence OF both"
Ia reply 10 tbs, General Twiggs has 20 SAY that the
court OF inquiry held IN san Abtono by his order was
neither for the trial reAra OF Lieutenant Wood aud
accordingly the court stniiously avoided admitting any
questions rejecting the court OF inquiry held at Fort
Mason or that could be construed into trial OF Lieutenant
wood.
Again, Captain Bradiuie, through his counsel uo,Ined
Lieutenant Wood that this court would meet invited him
10 be present, aud received answer from him saying
be did not wish 10 be bat would answer any questions
they might wish to ask him thus showing most conclu.
svey that he could have been present had be 50 desired
Moreover, was no, Tor the officer ordering bot for the
court Itself, TO summon Witnesses, under the 9is, article
OF war.
tay Of Ware letter which contains the finale Of the cen.
sure which be bs proper 10 nd upon The General
commanding, viz Gereral Tpggs is expected hereafter
10 understand that he has no authority 10 revise and re-
verse The decision Of the President and that he will not
be permitted ~ publish orders annung or seuag aside
the orders OF The President y he has 20 ay that General
Twegs well understands that he hss authority ere
wise reverse The decision Of the President and be
most surely has no desire will he permit himself 70
attempt ITO aunul sec aside the orders OF the Pres
dent 4"
n, ,his rhoia ,,a,..c,,or - ..,.s ,,;,h