The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-14

GENERAL ORDERS, 40 -.
WAB DEpAgI,lSI, ArJCrANT GKSEtIArs 0TfICF,
WASHINGTON. Dec. o. 1859. (
The part Of General Orders No. s, OF March *,
1855 from tie War Department., re.atiug to cooked
hats is FAR fed permit a officers OF the
General stan and SIAN Corps 10 wear al tbeir option,
hight French chapesp either sG hat according
" ,he pattern deposited n the Adutant Generals oGcc,
Officers below the rank Of field officers 70 wear but two
sesthers.
BY order of the Secretary OF War:
s. COOPER. Adjptant General
CGlcsal: -----, Assistant Adjutant General.
GENERAL Orders NO Is.
WAR DEPARTMENT. AuJurASr GENERAL 5 0FFicB,
WASHINGTON Dec. 81, 1859.
The following orders received from The War Depart
ment, published for the niormaon and government
Of all concernedv
WAR rEpAxrse,;r Dec. 81, 1850
At court martial in toe Department OF Oregon the
trial Of Major Wyse, he is convicted Of signing false
certificate Of TRANSFORMATION regard u aaunorcss, but
acauitted OF signing the same know ny and ced
under another specification OF SIGNING Ike certificate,
bot again acquitted OF signing .krowugy or Z" TO in
Guide a member of his family in The public account
which the fraudulent intent imputed TO him in the
matter The Court aso acqu him Of the charge OF soon
duct unbecomnE officer AID gentleman under which
TIE specifications ai but convict him, them, OF
" conduct to the prejudice Of good order and military dis
sipine'' under which they are not laid.
The War Department is OF opinion that these find
Egs entitled the accused 10 acquita and are in legal
OBJECT IN acqua and therefore avoids and sunuis the
sentence.
This case presents two points which the Department.
desires to have properly understood
1t IL not necessary in military charges 10 aege that
.as acts were done maiciOusly or siliuy or
such expressions hut they are alleged and are mega
tved by TIE Court IN their verdict, then the inference
from TIE fact fails, and the accused being acquitted OF the
INTENTION acquitted OF the offence. That certainly the
legal elect and meaning Of such finding. What other
doubt They snd hat the accused did not know.
iagy' sign; meaning, PROBABLY, that be did not know
the certificate was false. Then did he sign II in
good faith the best of his knowledge and bcefp in
such ignorance and disregard OF what he certified made
the certificate act OF bad fahy In that finding 81 the
specification sus,ans the charge. But the Court mega
rplcI
specification.
appears, moreover that the aggregate Of the accoun,
was correct Hnd true; |atnrcss being counted in the
place OF sick soldier. The Oburt then probably find
(hough they assign Al excessive penalty 10 tina, oence)
only want OF due accuracy neglect OF duty;
which is the second point 10 be considered
IL party on trial cannot be Convicted Of an offence
with conduct unbecoring an officer and a
gentleman; charge distinctly, expressly and
exclusively under the $50 article OF war,
which prescrbes the proper penalty OF that offence ON
drtnc charge court martial muE. acqut convict
of the once charged They canno, resor. TO Goth
article evade the other articles Of war or supply
charge trial 1t is the Office OF the charge s dis
tinci from the specifications OF fact, point the legal
onence to indicate he law violated and the penalty in
surred. the specifications be applied by the Court
any other charge that may be framed under the varcas
articles of war then h charge stated useless to the pro-
eecuton and may he m!schevous 70 the defence in mis-
leading il. specification, moreover must be appropriate
the charge false certificate Is not mere neglect OF
duty Tho just and necessary rule Of law m this matter
enforced by reason and authority have been repeatedly
expounded in the general orders Of the srpy As In the
War DEPARTMENT orders Nos. and OF 1856, No 5 OF
1857, and No. is, 1850
Very serious irregularities appear in tie proceedings OF
the Court The Court overrung the exceptions taken by
the defence admit for the prosecution written statements
not sworn 10, and on Tie question OF igery in place OF
the voucher ITSELF copy and one not proved The De.
partmen desires Il may b. understood that necessary
proofs 10 be exhibited to courts martial when Ole in
tho bureaus here may be procured by application 10 the
Judge Advocate Of the army.
JOHN T. Fl oYD, Secretary Of War
81 order Of the Secretary q, War.
S. cooPFR, Adjuian. General
ealclsl -, Assistant A3jltart General.