Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1860-06-21

which uss 10 ssssies fOr sir s.ys We APP
psnd report Of the spsciss,tiOss, and also
the desisioo. With letters, &e:
The following are the designated charges
By Col Baylor for the Court 10 enquire into
lst Whether Col. Robert W. BAYLOR
since the affair ct HArper's Ferry bad acted
without orders. As charged by Henry A.
Wise. late Gov. Of Virginia. in bis order is-
sued from the Adjt. Gen'fs Office. on 3l.t
u October. 1859.
md. Whether Col. Rob, W. Baylor
since the affair NJ Harpers Ferry has i'm
properly interfered with CommAnd ar
charged BY Henry A. Wise. late Gov. Of
Virginia. in sAid order Of the 3lst Of Octo-
Der last.
Srd. Whethor il be true. a. stated BY the
late Auditing Board. in their report TO the
Legislature. Of date Feb. ~. 1s6O, thai the
late Governor, Henry A Wise, gave no or
der to Col. Baylor. received no report from
him as prescribed by the act Of Assembly.
and declined to recognize him as entitled TO
command.
To the above charge. the Court prOnounc-
ed the following jungment:
To first specification -
The Court 6nds no written order from
Gov. Wise 70 Col. Baylor before the letter
from the Adj't General. Of 3lst October.
1859. and finds. from the evid, nee, houev-
er. that Gov. Wise, on the 18th Of DC
tobcr. 1859. did by verbal order direct
Col. Baylor with troop, to .csns the
mountains opposite Hsrpers Ferry which or
der Col. Baylor executed
To "a specification
The Court hnds no evidence LsIDr, il that
Col Baylor interfered Improperly OF other
wise with any command At all after the 18th
Of October. 1859.
To Sd specification
The Court finds no written order rom
Gov. Wise TO Col Baylor before the letter
from the Adj't General Of 3lst October. 1859
As stated in answer 20 the isi specification
and the Court finds in Gov Wise's Message
OF Decemb.r5th. l $50 that the Report Of Col.
Baylor. % date Oct 22d, 1869. and spread on
the record Of this Court, il r,Jerr,i,o =. an a.
oomparyiRg d,-cspseEf. and the Court has
no evidence J.fore il of Gov WiAe declining
10 recognize Col. Baylor a. entitled to com
maud until bis sAid letter Of October 3I.t.
1859.
The order0r letter here referred to 10 -
follows:
RIcHxosp. Oct. 3lst. 1850.
To Adj't Gen. w III. RIcHARDsoS.
base received Col. BsylQg's letter 10
You which IL 20 improper. in <Very sense,
that u demands no comment or correction
except % issue the necessary orders
list. Get. Baylor has nothing 70 do with
sending Col. Davis 20 Charlestown. and I
an not accountable 70 him for my action in
that particular
.. lie does not quote ali Of section 81
Of the I'D chapter IL the CoIe-and the
question Of rank shall be determined by III q
Governor
3, Ny orders were 10 Col Gibson under
LIST section Of chapter 20 He ia Col N
Infantry, the Col. Of Cavalry commands the
Regiment Of cavalry when called out alone
4. After peace was restored at Harper's
Ferry. ordered = volunteer CORPS 10 patrol
the confines Of Harper's Ferry. a. q military
guard. and ordered Col. Gibson 10 act in
ard Of the Sheriff and civil posse 20 prevent
the rescue or lynching Of the prisoners at
Charlestoun. He vas detailed BY me for
this duty. under the 2Dd section Of chapter
% OF the code. an1. under the sam. section
appointed Col Davis 90 act under him a.
bis volunteer field Ofhcer.
D. Thus. si'Ios the affair at Harper's Fer
~ Oh. Baylor has acted without orders.
and improperly intertered With command.
You VIII order him IN take no command
and not 10 interfere with orders 10 Col Glib
son. anil 20 notify the latter
D. You will take no time 20 copy the re-
port Of Col Baylor For his promp,itude
and efficiency IN repairing TO HAspeF's Ferry
You will return him my thanks. aud order
him OF duty until called for
Respectfully.
HENRY A. WISE.
The letter Of Col Baylor. referred to by
Gov. Wise iH the above order is Is follows:
wOOb ESP. Oct %. 1859.
Gen. VIZ. II. RIoAAAbsoN,
DEAs sIA.-
Gov. Wise. by sending Col Davis here, has
caused oonfici d duty. OF rather command
between Col. Gibsou and uiyself
In chapter %, section 81. Of The code. Il
says: The relative rank q officers Of tb.
same grade. shall ~ determined by thsis
commissions. Cosse4oeDtly. am older in
commission. EDd must Aeoessarily rank Col.
Gibson.
USdsr the rev law. chap. %. se E
agAin /" Commissioned ofSeers q esvalry
and artillery q any grade. sAsI attend The
training Of iAs ososr' 0fths rAsiusui d tbs
line
IL says ia the same section thA, senior Of .
Ger Pressnt shall command
Having been notified that rebehion had
broken Out Al IlArper's Ferry and that NIL.
iiary AID vas required 10 suppress IL. h b.
ing che senior officer assumed the command
Col. Davis says have transcribed Az
duty. aud assumed duties properly helens
ing 10 Col Gibson II such s. che t., Il
have grossly misconstrued the language q
The Law - lnid down IN she Code
II my eo.nmissioa i sspsrnusserug7g.
mere title without any duty assigned 10 NE
do nos wish 10 retain Il ano,hsF DAY. aad
shall forthWi,h fesiga ". JRder - esfcam-
stances Will consent % aet ubder 5uniaf
ofbeer II Col Dave bsd nos bseu ssnt here
no officially Wosld have arisen There -
not tbs siighiest Hcctssity 90 he presenes
herr. Everything Was quiet. and s.yery
prcoauti0n hsd ben taken 20 prevent re-
cue or an sscsps The 0gvcruor has dous
gfoss injustice 70 The militia 10 ibis section
u che State. AID desire d ourrost The an
preston ~ has created atfo,d b. having NJ
oaioial report Published. not having kept :
oOpy % It uill You please have ii copied and
ssut n me- The snding u Col Davis