The Union flag. [volume] (Jonesborough, Tenn.) 1865-187?, 1865-10-13

| ihSiJ anu WlllIuliy. IeTC VIII OHly
state that it was proven before the
Court by two witnesses, viz: Capt
Kindricll and Lieut., Munson, that
there was copy of General Orders Of
the War Department, containing an
Order prescribing the mannerin which
Veterinary Surgeons should be ap-
pointed, on file in his Office at the
time that the appointment and muster
were made, and that the question as
to tho manner Of appointment was n
subject of discussion in the Regiment.
So he must have known that tho mus
ter was false at tho time he made it.
Further, | believe it is not customary
for Courts of Justice to accept the plea
of ignorance Of the law as an excuse
for its violation. 1t was his business
and his duty to know what the law
was, and the proofin the record shows
that he had it in his possession, and
could have known by looking at it,
But it appears from the plea set up in
this case that he was too indolent to
inform himself. Perhaps, he found it
more pleasant to play cards with pri-
vato soldiers and others, than toperuse
such dry articles as General Orders uSu,
ally are. lie spurncd the advice of
others, and refused to be instructed by
officers who were more experienced
in military affairs than himself.
lie was found guilty Of the lst, and
2nd, Specifications under charge 9th.
These Specifications, certainly, cover
the charge, and | am not able to see
how he can be guilty of them, and not
gritty Of the charge. But no criminalj-
ty attaches. How Is that? Who can
explain it? All the allegations in the
Specifications under the charge of
Perjury arc sustained by the Court
He commit cd the act that constituted
the crime Of Perjury, and for which
the penalties prescribed by the Act OF
Congress referred to in the charge are,
that, "in addition to the penalties nor
prescribed for that offence, shall be de-
prired Of his office, and rendered inca
p0Jle forever after Of h0ldjAg day office
or place under the United States"
1t also appears from the first Spcci,
fcation that, whilei in the Rebel Legs.
turc, in 1862, he voted for the removal
of the assets Of the State Bank with
out the limits of the State to keep
them from falling into tho hands Of
the United States authorities; and it
will be remembered that the School
fund which he speaks of in his cir,
cul,.r composed part Of the assets of
the Bank, and now he has the i'm.
pudence to ask you to vote for him
again, and tells you that you must
be taxed to replace this fund, which
he by public act as your represen-
tative, consented to be removed from
the State, and the greater part Of
which by the removal, which he sane.
toned, has been lost TO you and your
children forever, and in those times
that he rcfcrs to in his circular, which
tried mems sonls-thc prosperous
days of the rebellion, days when the
fate of the nation tremblcd in the bal
lance, and appearances indicated that
the overthrow Of the United States
was inevitable, he did not forsake
his real friends, and even when they
were forced by the movements Of the
Federal army, to abandon their seats
in the capital at Nashville, followed
them to Memphis, in order as | once
heard him say, to form quorum, SO
that they could transact business-
The truth is, he was then making
record which might have been useful
to him had the rebellion beon n sue
ces. But circumstances alter cases.
The question of Loyalty was not
before the court-martal which tried
him at Grcenevillc, rs he intimatos
in his circular. The principal qucs-
ton was, Did he tale the oath Of office
iohen mustered into the IT, s. Serrice, as
Colonel of Sh Tenn CaU,, tdlSe'M The
crime charged was not committed by
his acts in the rebel Legislature, but
by afterwards swearing that he had
never committed said acts or been in
said Legislature, at least such is the
real meaning Of the oath:
When Col. Patton took command
of the Sth Tenn. Cavalry, ! was com
manding the post of Franklin, Tenn,
the greater part Of the regiment was
Mt that timo stationed at Columbia,
Tennessee, and along tho railroad be-
tween Franklin and Columbia. Soon
after hc took command he was rcliev-
cd at Columbia, and took command Of
the post of Franklin, relieving mo-
| had received from the former post
commandant under telegram from
the commander Of tho District Of
Nashville, Major Gen Rousseau, n
largo amount Of ordinance stores,
which Lat tho timo Of turning tho post
over to Col. Patton, requested him to
receive as post property, but he sworc
"bv Cor he would have nothing to
do with them, as he considered him
self only temporarily there and did |
not know what hour ho would bo |
ordered away, and at tho same time