Daily national Republican., 1863-12-07
-OFFICIALLNOTICES.
nF ICI A l..
ORDER IN THE CASE OF COLONEL BELGER
.- .,., q. QUARTERMAsrER. -- 7-- q
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ORDER IN THE CASE OF COLONEL BrLGER
.rs,rs g. QUARTERMAsTER. RI r.
wAR DrpaaInEHr,l
bsl WAsHINoTos Cry, November %, 1855.
In the case Of Colonel James Belser, Chief Quar-.
tsfmsster at Baltimore, who was tried bstors q
court-martiai upon sundry charges and speeihea.
tions for neglect 81 duty and fraudulent conduct In
the hirisg Of transports and purchase Of supplies
the court found hin, on esch charge and specihcs'
tion, not guilty. But the court place upon ths
record, By way Of explanation Of their dadins, the
following statement, NgEe.
"Ths court ands that Colonel peiser transacted
alargs amount Of pubic business, within the tine
embraced IN the specncations In the chartsring Of
vessels and In the purchase Of coal, and although
In soms instances he appears to have purchased
coal At higher rates than the cash market prfoes,
yet, considering the circumstances especially the
kind OF funds provided By the Government Tor the
payments he was required to make, the urgency Of
the orders under which he was frequently called
upon to aot, aad the consequent necessity for i'm
mediate action, the court attaches no criminali'y
thereto, and has therefore AAds its nndiAss In
ooidancs with this judgment" '
Upon review Of the evidence II appears,
4. That the "lAfrs amount Of bpsiness trans
acted In ths ehastssinG Of vessels and IN the pur,
chase Of coal was for nearly year copsses e.
eiusptly TO dealiags ciiA A. C. Hau dnd Coeiens. II
does not appear that during al this time Colonel
Belssr deemed the ansunt Of duty sssigoed to him
20 great a. TO compel him TO ask to bs relieved
from any portion, or'for another sfroer 10 assist
him-ons or the other Of which n was incumbent
upon him TO require ifthe duties were too arduous
or extensive 10 admit Of their proper performance
BY him alone.
2. The "s0na instaness'i In which " he Appea's'i
to have purchased coal at "AtsAr rates than the
cash market prices" are the transactions Of yeor,
amounting to an aggregate OF more than Aioo 900,
In which, in some instances he 10 proved to have
paid A. c. Hall or Coblsns 70 or 50 per cent more
than Hall or cobleua Paid for the eaal to GOAL
dealers Of the saS city. who delivered It board
Government vessels BY HAL or Coblens' orders.
.. 1.-THE Kind Of monsy provtded BY As Gopsrnmeni
for the payments he was required to make" 10 not
in proof. No testimony whatever was offered or
oniciai papers submitted which show that Colonel
selssr was pot proyided with the same kind Of
funds paid by all other quarter maaiers-Tressury
notes and certificates Of Indebtedness. Assuming
that he had only eertineates Of Indebtedness, and
THAT aertiAeaies were It all times at the greatest
discount mentioned by the witnesses at any time,
and Colonel Belsers purchases will still be At rates
unaeoountably high.
4. A. to "the urgency Of the orders under which
he was frequently called upon to act," It may be
said generally that, throughput tie testimony,
NcEc hptcbEb NJ emeIHcuoy % pressing hs 10 nave
preoluded strict conformity with the regulations
OF the service In making any purchase or contract
In which he was called upon to enter for the Gov
ernment. Every officer is bound to exercise dill.
sence and At least ordinary care and prudence In
his purchases and It 10 hard TO ponseiVs how Colo
mel nelser stationed IN baltimore, could be igno.
rant that he WAS paying higher than the eAsh mar
kst rates. how he could procure articles urgently
needed from his favored dsaler more speedily than
from the came persons who supplied them and
hauled the eaaI FROM their yarqs to the vessels.
The record thus shows that the accused WAS
guilty Of chartering vessels, and purchasing esal
Sat higher rates than the cash market price"
The excuse suggested by the csurt-msrtial 10 un.
supported by proof The ta..n.... .. a.. ,,uppIies
purchased by Colonel Belger must have been paid
for In the Government funds, to wit, Treasury
notes, or At the option Of the creditor, in certi.
Gates OF indebtsdnsss. These funds have long been
the standard OF pr.ocs, and the only excuse sug-
gssted 10 indicative Of the guilty nature OF the
transactions between the quartermaster and the
contractors. Ths sourt-martial having found that
the accused did charter vessels and purchase coal
" At rates higher than the cash market prices and
there being no other excuse proven or suggested
than those mentioned, the court has, upon the
record, practically negatived its finding on the
charges sud specifications.
The case might have been sent back to the court
for revisop but the nature Of the excuses suggest
ed by the court MARTIAL and especially their deca.
ration that "they attach no oriminaiity" to the
conduct Of q quartermsster under the cireumstan.
css In proof. indicate very clearly that so far
concerned the action Of the court, the result would
have remained the same. The evidence fully es.
tabishes the fact Of dealings and transactions by
the Quartermaster In which the Government suf
fsred loss by purchases and charters at higher
rates than the cash market price" His conduc
Is, In the opinion Of this Department, without ne
cessity, justification, or excuse and to such con
duct the Department attaches a high degree o
oriminaiity. Few thingu can be more cuipabis
than for public officer systematically to pay to
certain favored parties higher rates for suFplisi
that might be and are In fact furnished at greatly
lower rates 10 the same city by other dealers. TG
say the least Of such conduct, 1t 10 gross neEli
gence that amounts to fraud.
The statement by tbs court OF the facts found be-
Ing 10 conflict with tho formal finding on thu
charges makes the proceedings nullity. The evil
dence fully establishes that Colonel Belger 10 gull
ty OF gross neglect and violation of duty, to IN.
prejudice OF good order and military discipline
The proceedings OF the court are therefore dlsap
proved, and Colonel Bslser, Qusrtermsster, 10, by
order Of tbs Prssident diahouoraby dismissed from
the United States service.
l' EDWIN NJ. STANTON,
Secretary OF War.
|0FFIC IAL.
WAR DEPARTMENT,)
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