The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-09-01

loyalty and have granted favors to them to the entire
exclusion Of mon Of known and unqucstoned loyalty
THE CASE OF COL. MCUNN.
The statement in this correspondence few days SINCE
that Col McCnn honorably acquitted by the court
martial selected dispose Of his case upon the
solal application Of Col McCunn endorsed by Gen. Rich
ardson in writing The note OF the latter contained
IN the despatch Gen. McCclans general order No. g. the
CHEST authority that does not make record Of
honorable discharge. is due to justice that the whole
order should be published correctly detached sentences Of
1t only having appeared destroying its and force
Here II Isl
GENERAL oRDERs-No. s.
HEADQr AR1E ARMY or TIE POrOMAo,
WASHINGTON, August 70, 1851.
lat general court MARTIAL convened at Alexandria,
Va by virtue special orders No "a of August a. 1851
from the headquarters Of the Department of
Virginia, and Of which Brigader General Erasmus d.
Keyes United States Volunteer service Is President was
arragned and tiled Colonel John ii. McCunn, Thirty
seventh regiment New York Volunteers, upon tho follow
ing charges and specifications, viz
tlcman.
Speci 6cation-That Colonel John H. McCunn, Of the
Thirty seventh regiment Of New York Volunteers, did
about the afternoon Of the It'll Of August 1851
Niard's Hotel, so called, IN the city Of Washington,
ID. c., when asked by Lieutenant X. +. Hunter,
Second United States infantry, then in command OF
provost guard and duty 10 show him his pass or au
thory for being there fail do and did towards
the said Lieutenant Hunter abusive ungentemanly
and unoicorke language, say ing, $50 to hell by God
sir, by what authority do you demand my passY' or
words this effect and when told by the said Lieute
nan Hunter that he demanded his pass by authority Of
Clonel Porter Provost Ma shall, did reply in very dis
your authority aud after repeatedly being asked for his
pass did finally pull from his peck piece of paper and
damn you, will that dos or words 70 his eect and
when informed by Lieutenant Hunter that not
sufficient pass for him and that he Colonel McCunn)
would have to so to his quarters in arrest; aud
when asked for his name and regiment by said Lieutenant
Hunter the said Colonel McCunn did positively refuse to
give his In insulting and profane and
did say g" viii see you damned before will obey your
arrest" or words TO this effect You and all your
guard are drunk; the guard at the time being outside
Gnsrge prejudciA to good order and
seventh regiment New York State Volunteers, did on
about the afternooIifof the It'll Of August, 1861
pass BY Ieuienan, F. hunier second u United
States infantry, refuse to show il, and did use
towards the said Hunter abusive and disrespectiu
language, saying: "Go to he'll, by God, sir; by what
authority do you demand my passs'' words this
effect and when told by the said Hunter, who al the time
in charge Of guard, tina, his Col McCunns)
pass demanded by the authority Of Col Porter, Pro-
vost Ma sha the said Col McCunn did say, "By God
do not recognise your authority or words 70 tins effect
fuse ~ give IT, and when told by the said Lieut. Hunter
that he would have to 70 his quarters in arrest the
saidCO NcCunn did say al will you dame before
win obey your arrest, words this eGect-al this
at Washing ton, d. c.
To which charges and specifications the accused pleaded
as follows
To the specification TO the first charge, "Not guilty"
To the specification of the second charge, Not guilty"
To the second charge, "Not guilty"
FINDING CouRr.
After maturely considering the testimony, the Court
hnds the focws:-
or the specification OF the first charge equity"
W all that portion Of the specification included from s
commencement to the words ''did fail to do So, nclu
sive, also "tuIty."
or mich OF the following portions az charge the nc
cnsed with having refused to give Lieutenant Hunter his
Lieutenant Hunter; but "No guilty. the final asking.
Also equity Of having refused to obey the arrest Of
Lieutenant Hunter; and also equity" Of accusing Leue-
nant Hunter Of being drunk.
OF the first charge "NOt Guilty.
OF the specification 10 the second charge equity"
with the exception Of much charges the accused
abusive language.
O. the sec, nd charge "Gul,y."
The Court does therefore the accused Colonel
J. Ii. McCn, Thirty enth regiment New York Volun
ecs, 10 be reirmaned III general ION ihe neaa
quarters OF the General commanding the army Of the
Potomac.
1.-THE General commanding confirms the finding and
sentence OF the Court but III doing be ASSUMES that
the sentence made thus light IL consider alton OF the
nexpcI cnce Of the accused Colonel McCunn, II would
appear the record ignorant Of the first great prn
cipc which should guido all soldiers Of whatever rank,
viZ-Impicit obedience 10 proper authority. The
thorty Of Lieutenant Hunter and his right TO demand
Colonel McCunn's pass most clear and unquestion
able. II the authority directly delegated through
the Provost Marshal Of the General commanding
r.snecir,y and mnci,lw as n the demand had h cn
made by the General in pe son The manner Of the officer
a. 49, ',ha d,na,S shoad ha,,. had No ,ne,n.o hu,
the ronl should hax. evca tbe order resc,fnlly and
promptly Ii the manner Of Lieutenant Hunter was i'm
propeind that II was SO is by no means clear to the
10 have rctn.b his self and self r, suect and
to have complied with the direction to show his pass,
trusting 10 sps acton ior rearess LIONEL M un
showed by his denealor it appears on the record,
that h. has to rn least two IS before he be-
comes competent TO command a regiment and these
are sehcs mnand, ana respect lor proper au-
was mnrnner in in form and Iieutcnnnt Hunter
was perfectly right declining recognise validity.
The paper Submitted by Colonel McCunn as his defence u.s.
Th Court wpuId have been entirely istiaod in refusing
to receive it, The General commanding fully approves
of Color al NcCunn as prejuccia TO good order ard mill
discip tile hope that this
instance Will DC sun cNht warning 10 hm ana All other
..sitjon ~ the c1nsnts, marv auihortics Ty,e And
ing Of the Court may be regarded quite lenient
fsanar i mr. tad n nnd no Tho