New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-05-07

following order calling the Court Martial was read
SPECIAL ORDER NO e.
wAE DErARrmEsr ApJgIAsT aEsERAL's OFFICE !
BY direction of the President OF the United States
Court Martial will assemble at Newport Barracks,
Kentucky, at ii o'clock, A. NJ, orr Wednesday the
2sh OF April, 1853 or as soon thereafter practi-
cable for the trial of Brevet Major General David e.
Twiggs U. S. Army. 1.-THE names of the officers de-
tailed for the Court then foowl No other officers
than these named can be convened without manifest
injury to the service
BY rider Of the se.re airy e wsc ,,,....e.,
The President of the Court then asked
Has General Twiggs any objections to offer why
any member detailed in the order shall not sit in the
Court ~
General Ttcrggs-"I object to Col. Thomas. t.
Fauntleroy as a member Of this Court. At the same
time wish expressly TO disavow any want of conf
denee in him heightened gentleman, and incapable
OF doing deliberate wrong / feel constrained to
interpose my objection, however, but solely on the
ground OF some UNPLEASANT circumstances growing
out of our official relations in the past
Col. Fauntleroy rose and responded, g that some
years ago there had been differences between himself
and Gen. Twiggs, growing out OF their official rela-
tions, but he had long since discarded them. He
would however, regret all his life it decision ad-
verse to Gen. Twiggs should be made by the Court of
which be was member, and therefore, he would re
specially ask permission OF the Court to withdraw
Subsequently, Col Fannteroy recorded the following
reasons for his withdrawal, aud placed them in the
There have been differences of an official nature
between the General and myself, but | considered
them settled when they occurred, and certainly all
unfriendy recoections of them have long since been
discarded from my mind. My conscience does not
suggest to me any reason why | should not be mem
Der of this Court but recognize fully the right OF an
officer on trial TO object, when, in his own mind he
might feel dstrust and therefore most sincerely de-
sire and request this Court to relieve from sitting
on it. 1t would greatly pain nee hereafter, should
I've retained and an adverse decision be had that
General Twiggs should have the most remote idea Or
belief that that result had been brought about by my
untriendly vote"
The Court was cleared, and after deliberation of
ten minutes the permission asked was granted and
Col. Fauntleroy withdrew.
Mr.. President" Has Gen. Twiggs objections To
any other member Of the Court?"
Gen. ISciggs--" No sir, none and would men.
ton to the Court that Mr. Brewster (of Texas) is my
counsel
The oath was administered to each member of the
Court, respectively, by the Judge Advocate and tC
the latter by the President.
Gen. Fwiggs stated that he could not say that he
was prepared for trial. because Of the absence of Ger
tain witnesses, but he did not wish to delay the
Court he was willing to proceed. The Judge Adyo
cate then read the following charges and specihca
tons against the accused. viz:
CHARGES AND SPECIFICATIONS THERETO, ExHIBITEI
BY COMMAND OF THE SgCRETARY OF WAR AGAINST
Byr MAJ, GEN. DAVID Z. TwlGes, q. S. ARMY.
CHARGE 1.-Insubordnate conduct, to the preju
dice of good order and military discipline.
Specification lin that he, the said Twiggs, com
handing the Department of Texas, having received
War Department special Orders, No l25, Of 1867
did, at San Antonio, on the 29th October, 1857, il
contempt of said orders appoint Court OF Inquiry
to examine matters adjudged and decided in safe
orders.
Specification 2.-In that he, the said Twiggs did
at San Antonio, on the l4th OF December. 1857, il
contempt OF the Presidents orders Aforesaid, publish
orders to the troops under his command confirming
report OF said Court OF Inquiry c0utadictng a de
csion pronounced In the Presidents orders aforesaid
Specification 3.-ln that he, the said Twiggs, hay
Ing received from the War Department. in a letter
dated JAN lG, 1858. instructions in regard TO the
breaches OF discipline set out in the specifications
Aforesaid, with orders TO publish said instructions To
the Department OF Texas, he, the said Twiggs, did
at San Antonio Texas. on the Sth February, 1855 in
contempt Of the obedience and submission due to the
said decision OF the President, accompany the publ
cation 10 the troops under his command with com.
mentary on the Instructions designed to contradict
and relute them. and denouncing them as "poison
aud appealing from the order Of the President to the
troops under bis command.
In order to understand the circumstances that gave
rise to this Court Martial it is necessary to read the
following order;
WAR DEPARTMENT kDsgEAsr eEssnar,s oEglen, !
SPECIAL ORDERS, No. 1913.
On the application Second Lieutenant Robert c.
Wood, Jr., I'd Cavalry, Court Of Inquiry BY order
of the President. convened at Fort Mason Texas The
18th OF July last to investigate certain reports urf
| fal 10 Ii,uieRanf Woods reputation, y which Can't
William r, Bradfnte, ID Cavalry informed Lieute
nant Wood, "tosrs rife among he citlssns Of Fred
ericksburg, Teras, and its vciaitgn were be
lieved there, and were "currenty spoken Off at Sar
Antonio.
The Court find that the matter referred 10, wa.
'uot spoken of at Fredericksburg, its vicinity il
| such manner as 10 be at all hurtful to Lieutenant
\ Woods reputation and that no such report was
or is believed" there, or was currently spoken of
at San Antonio.
And the Court further fnd that there "are n,
grounds for any such reports hurtful to Lieutenan
Woods reputation
The Department Of War having attentivey ia
speced the record, and weighed the evidence take
IN the case, approves aud confirms the finding OF tn
Court.
declaration, proved to have been made by Capt
BHdfute, when Intoxicated, that he believed tn
charges Is The only evidence that they believe,
by any one.
To give an impression to an injurious report by re
peating or expressing a belief in it. without jus
gruand, is highly eensarable.
By order Of the Secretary Of War,
5. COOPER, Adiut4nt General.
After reading the above Order y the Judge Advo
cato read Gen. Twggs letter containing the ALLEGED