New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-26
v,., rye, fa.sht ar sert.nIy Of the creates: IN
W" ens eentu2 v,,ch has beheld such extraordinary


tbs. seny one Of the ., Tsssf1 ~
, ssse RssssSH' 'sA' "h''h ''' ~ So
What ver. RE difficulties that appalled, the accH mc o the
III is ~ po,nd meal This example Is an ihpfe'sive
proof Of what general can ana % himself "a IN. Of
!, 10 n w'n H. I III, country General Mcdowell soldier
aud commander dePo,ed ,p on the 18th and it would
20 49, vss 40 manifest and 20 clearly the result Of
h , no o e, o TO ' sna sncy What
Wnx. nrescrlbed for his associate IN arms no uune.
sy accepted for hm,s h him bus the sound Of The can
ron owiss which he With hi. command found b., way
TO the battle where ms ,.nn;raS Kin to se
And 4. no doubt his timely arrival and ae,iye pa,ci'
patton the conflict s that AZ hs st co,s 81 a S The sdv
- WIRE decidedly the side OF the Federal troops Iad
49,. nm The s1dey Springs road, made movement upon
many with the ygor and heroism which the occasion
ae - ia altogether PROBABLE that the glory OF Richie
have b.sn hs and the fate Of the Ausan that
OF The Rebel army Afsr carefully condehns s' the iH
podents which have been 80 eoorstsy as 70 oIe
b, dsy of the 18th. bat realize that they shrink
away aud scarcely 70 be named beside those obstacles Of
dnrtn. tempest aud and nioIss and Alpine pre-
cpioe and frowning batteries which hs warriors Of other
times and lands have INTERESTINGLY confronted and bTaVcy
But here one feature Of the nacion OF the sccused on
the 29h which it Is especially soowiul to contemplate
How ined he aud with the csnnonade Of the
bltte In his ears and and the dust Of the gathering
forces s eyes he could for :. or honr iest the
oeve this not the ssdde alpect IN which MS
conduct presents se THIS aspect distinctly set orb "a
the third specification Of the second charge Col Mssle
states that from the cheerings and peculiar yes OF the
heard evening Of tho 29ih he and every man Of his
command believed that Gen foPes army was beng driven
from the hed Gen Mofel also that from tina sound Of
tbs artillery the battle seemed to be recedng which indi'
eel that going sgsns the Federal forces Inc ac
cu.ed In his note TO Uens Mcdowell and King speaking u
the enemy, says:
Of the enemy having advanced and QUA retired nave de-
tesnned withdraw to Msnassss ard IN further Juhcs
cavalry infantry aud the advancing OF dust show
the enemy coming in force in the afternoon then Of the
2b Il Is clear that the conviction entertained by the
and his officers that our forces were being driven before
the enemys conviction which in tones above even the
ronoi the artillery should nave 70 49,, DC ~
turned toward but from his struggling companions
Mus, We seek explanation Of this want OF sympathy with
the brave who doing battle that day In the eeng
shown by his dispatches ~3en unh'pPhy possessed hu
IN reference to the Army OF virginia aud lie commanding
general That army he seems TO have been aware was
forth no. to capture c9ond or 70 occupy the souh,
but simply hsras and bae the march OF mo advancing
Of the enemy while the army Of the fotomsc Was
Teninsur. service which should not have rrovcked
from the sccused 1t caunot be mpr To add, Whist tho
record will sustain me IN saying wa, 80 Ia Is sl 'ued
upon the subject lhr tesmony tho Army Of Nrgua
TO noby performed tie arduou and pero1s work
Committed 20 its hands ls csnpEn brief but marked
by sgul ygo and ability aud snnsied by spirit which
from neither Oi nor exposure nor daae bIey
ucf the enemy whsneye and wherever he eeud % found
sppy to All against him they sreTs his
preston Of satisfaction VIII ms cond9et men Gen foe
alleged nave made at fahisr Courthouse on he2d Sep
la reference to the hr,t the testimony fu and
TO hIs former services and character for fhfuncs and Of
fciency officer The law ADMITS such proof Ia criminal
prosecution. because spre'umPon 81 innocence Ase
former good conduct as evidenced by general reputation
The presumption, however, h held 20 De entitled 10 htts
WEIGHT excep ia doubtful Where into
Hc with evidence that both positive ard reliable 1t at once
fess,d 10 the second Col Rugses testified thst at the
close Of conversation ~ sepiembsf fsiiar Court
pressed himself satisfied With his conduct referring as tbs
witness believed to the trsnshcons on which TIC present
chzrses based Col Rusges admits howovsf thst he
A. not party the conssrati0ntEs he heard only by
scap, AID esdesvoTed not 10 hear 1t At all Gen foPe on
mo- have been ana that the eIpessen heard by Col huss
related to explanations made by the accused :. certain
to Gsn Bern.ide In view Of the relation Of these OIL
to the conversation the Court Of course could not h.,
Even II Gen Pope had asei.rsd himself .sdsd would
no. have affected the the accused beiore the law
HE fe,Ponsi6niy - III. e.S'.nsHi aud country, end
not to tie Commanding General nor can any Prs'snpon
sgsn', this protesting rom tie failure Of Cen Pope 70
prefer charges sg,inst the accused 1t "" BIZ. phese q
prefer he bat he was not pound 70 DO 40 ne d,ehs sed
actions before hs Government Tor it, couslderas0n.
I9' case no, eess LII, ,,f bo.i, ay a E
ever devoted lous period Of taosome fort ave days
knowoogr. The Court was not only patent sd just but
LIBERAL the end crsTyhing was received IN evidences
in s true light II not believed ihs there remain, upon
tue single ruling Of tho Court to which exception
The case il Important no, only because Of the cavity Of
the charge. and tho dignity Of ihe seeI Afsgned but also
because Of the fact that involve, pnco which lies Et
the very foundation Of all discipline snd Of all efficiency In
military oPeisiion'-the principle Of military obedience
standard author treating this branch Of Jusprudsnce.
saw; Heutaucy Ia tLs execution OF q military order ia
clearly. under most cTcumfiaLees serious ohonse, ana
would subject o. severe penAs bgI actual
IL crime hch the ,gaszed &c of the highest
gree hica denoup Cd the extreme punishment
vi DEATH" DE Hart D. lt3l The ssIns author continues:
In then. IN ich an order ia not clearly In ceo
CATION Of gl obi CATION created BY law the
and Of superior must meet with Undertaking and Instant
So vital 10 the military system (, this .ubordnaton Of will
and deemed that Is secured By the moss solemn Of
the service that he viii observe and obey the orders
officers appointed him and IL from ths prob
ably that the ohsnse Of disobeeioace derives much OF The
depth and darkness OF the cTnlnhy with which II 10
stamped by tho Aiteei OF Wa Obedience IL indeed the
very jewel Of the soldiers life Ii sdarns hin
than suTe which oilen plucted by unhoy hands
The soldier who has given tho order bis superior officer
prompt ebrneI'. heartfelt support. has tuphed In
the field Of duty though he have fallen the held
/ Of arms.
The ofenses for Inch the pleading. and testimony sasn
the accused the yofJ Sfsseit which der pob
cOmntbeing neither more nor ess than the wilul Viola
ton Of the Of his commanding GENERAL Ia the midst II
pIomsntous and peTous military movements tpd the shame
fol abandonment Of ssruss ing which IL MS
support in the psseuce Of the enemy and under
Tie very sound of his artillery The CONT To alive
TO the accused the benefit Of all ueounded doubts that
In their minds In reference either TO the fact Of dino
bedence, reference TO tho Of cnay that
prompted IT, and honce they found him guilty Of the fourth
nnd h OF sl charge and In le ao spirit
the fourth specification OF second charge was Withdrew
While however the Court felt that Of crimes such
oesr should be convicted but he cosrest aud
convincing proof Of M guilt they mu also have Yet that tho
honor OF the profession Of enduring inter.
ests Of common Government aud country hnpefatvsly
demanded that thoe should be Scqlta. whea proof
had been Eiads. j. HOLT, Judss- Adyoca u eu6Iz.
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