New-York daily tribune., 1861-09-07
His letter elected the following roply'

10 ne hoS SoIS % 20 M, Woes marked "priyate,"
,yes received nv him lust previous 10 leaving lot
few days absence and he particularly neeieu .Ia'
appointment of Mr. Gregry SnCuii % III, e,tsr of
70 IA signed by yourself copy OF which
s herewith enclosed aud upon that letter MS appoint
meLt was based. .., .,. 90 ..orra the ssr
- ~ si,llfn seamen and worthy persons, aud re-
80 tbst n has been unfortunate, as you tsy, In the
snnointments from your vicinity. Certainly tDe COZ.
JdI;,, with which you commended Mr. Gregory leit
M room for even tie slightest suspicion that III his
cse the Department not securing an able and e1-
cien' 00i'sr very '''S'1 S'T FOX, Acting Secretary
It is to be hoped that this correspondence may
teach the Departments to be more cautious IN
acting upon the recommendations Of members OF
Congress, aud members of Congress to be less
hasty in giving them.
HOW TO DRAW Up COURT.MARTIAL CHARGES.
The following circular from Gen. Mcclellan
has been issued:
HEADQUARTERS, ARSr or rH, Poroyio
WMgIG9ToS, Aug. 70. 1901:
In order that well established and generally un.
derstood method should obtain In the framing OF
charges exhibited against all persons amenabie to mill
tary law, and those Irregularities obVated "hich nave
heretofore retarded trial and impeded the adDnisrs
ton Of justice, the following form for the drawing up
Of charges and the accompanying instructions VIII be
strictly adhe ed TO throughout this army
l. All charges preferred against officer or soldier
ana the circumstances upon which the charges are
founded, must be previously examined by the officer
Immediately commanding the force wherein they orig
nate. Commanders will be guided as to the necessity
Of bringing accused person TO trial. By the character
Of the ndriGua bis cOSdact, the nature and degree
Of the ofense its prevalence at the time In the reSi'
D.eat, and also by the probablhie, of coRuioion.
2. Instead Of embOdyng the crime 10 be tried In
single statement Indictment called the charge, II is
e - ~ 1F 1l0rry and.
ton. .
2. OfHe elarge-Two methods are recognized In
the drawing up of the charge-the one by expressing
the crime as the "volatloH q such or such a.. arfee
pressed or implied Of that article which contains the
CORPUS delicti' ex gr., "Disobedience Of Orders,
DISCRETION" " Mutiny, "Absenoe without leave"
"Seeping on post, drunkenness on duty" &C.,
&C., &c. OF these two modes the latter is deemed
preferable, and aO as far as practicable be HrieAy
1oH0Wed.
Apart from the vsgueness which may attend the
other, from the number OF distinct crimes sometimes
contained in the Article Of War, it places tie
crime closely before the accused and where en-
listed men are concerned, their comprehension more
easily discerns and cerry understands the matter
upon which they srraignet
f. Of the SpecifcafioH.-The specification should
be a simple statement of the particular tdcts and
eircHmst0nces which make up the crime, with the
adjuncts Of person, TINE aud place. Where Ian
eaGge or gesture are elements Of the crime they
should both be stated with as much accuracy pos
sibe. Beside the natural relation which should exist
between charge and it's specification, the latter
should be, far as practicable, certain As 10 time and
place, and concise, clear, and HHeqaipocd6Le state
ment Of the facts devoid Of all irrelevant natter snd
under no cireumsfaaeeS should tcO more seporat,
aud distinct crimes be contained In Ge same spte-
cation.
s. When Il desirable to induce the highest degree
Of punishment contemplated by any particular Article
Of War, it indispensabiy nece'sayy that the crime
should be couched in the express terms OF that Article,
g LII. oT H..
9th Article of War (disobedenoe of orders, &C.,
&c. In order TO convict him. and award the punish
ment Of death, it would become necessary to speey
that be struck lifted mp &c, &C., OF dlsobeyed the
lawful command Of his superior officer Thde IA The
execution Of his flee were these terms omitted and
though it appeared in evidence that the prisoners Of
tense clearly the one contemplated by the 9Th AT.
tcle be could lot be visited by the severes! punish
ment IL may award.
6. The Christian and surname Of the accused and |
witnesses, with their companies and regiments musi
=. stated, and the same care should be followed re-
sSrdlng all persons connected Wih the o1ense to |
Le tried and named Ia the specification.
Z. TIE charges and specifications having been |
drawn in accordance with the above instructions, |
they will be signed by the officer preierrng them,
by the Judge Advocate Of the court before which they
g. All charges Of minor character referring TO
not capital, and which may be tried under the 9yth |
Article Of War, "conduct prejudcia TO good order
and military disciplne, will be brought before regi-
mental OF garrison courts-nartis'
9. Regiments commanders will give the strictest at
tention to all charges submitted to them for their ap
proya and it ia particularly enJoined upon the Com
mApdes of Di iions aud Brgades TO all charges
10 undergo careful examination regards their form,
legality and neatHess before being forwarded TO these
Headquarters.
SETH WILLIAMS, Assistant Adj jutsni.Genersl
yoPM OF STATING The CHARGE.
l. Conduct preIudei4l TO good orde and military discipline
2. Con,sDP and diie'pect toward bis commanding
oncerr
sinfng. drawing or hi'ny up ws'P'a upon bis 'UP'
g Dsah.dience Of Ora.n"
Signing false certificate"
T. peishion.
8. Absence without leave
g. DmDlsanrn on duty
H. MsbeSsyI55r I5Go OF rcow.rdOs before the snsDy
IL. Disclosing the countersiga,
10. Forcing pfegustd."
II. Giving aid ard comfort to the enemy
Is Hola1s correspondence With ,nd vng Intelligence 10 be
iG Breach Of arrest"
Il. Conduct unb.comiug sn oncer and gentleman.
FoEz i charge end Speecatioh p,sesd aga,aH Pr.ai'
J'la 4. s@i@, Cor9ahy 4" lH Reg~,nt o. s. IF1lsi,g
john 4 smE, CeOpsny a" Is. Regiment U s. Ini.atTy
1s%.sn o @ Ss Of .d s1 on *.
Tie 18th and 18Th Of Angus, 1861.
oiic,I PI.tsrns cIsIs' :; q Isdss A$yes...
oRS fE%' 6o%s.dy 5ss. s3} id. tn .H'
FOSs c1aygs ard SpeeteeaIor S,yor,d gSasn P,to'
cS4sss-Ds.erion .,s a. Desert Sa'''s sesearh.s Prv.. John
sph ComP.ny "a il Ri%.nt sf.ntry having been duly
on o. about the 10th q August 1861.
once ffot.uins eh,rg, CT Juds. Advocate
Rvs aTs G9TPs1 =. ,,u5y P ST,,s R,. rG''s sd.s f
Company e." Il, I1tantry, -ine".'.
F0ss SSg' sss SSsais T., y,sSd SSss gSs ns pIIs
gG sr,cs'i,GS;nIh. P.iy.s John
smith let s.Rs 5u,py M DS S.SS Ss,sssn sssn
shs hoas OF IL N. and NJ when visited by the C"por. OF
ma, C.n Seat on or sbort the Is,b August 1851