Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-07-06
The Case of Gen. Howard.


trict of Columbia and the Board Of Public
Works.
The Case of Gen. Howard.
RESULT OF THE OFFICIAL INQUIRY.
The War department has made known the
result of the inquiry by military court into
the charges against Brig Gen. o. o. Howard.
THE OPINION OF THE COURT
as promulgated is that that "Gen. o. o. How
ard has not, with knowledge and intent. vio-
lated any law of Congress, regulation Of the
army, or rule of morals, and that he is " not
guilty." upon legal, technical or moral respon-
sibiliiy in any of the offences charged. The
court finds that Gen. Howard, when charged by
his superiors with great work arising out OF
the war, devoted his whole time and all his
faculties and energies to the execution OF that
work. In this he employed hundreds of assist
ants and dealt with hundreds OF thousands OF
men. In regard TO the expenditure OF money :,
Ii appears that his accounts are closed aud set
tied TO the satisfaction Of the accounting Of
icers of the Treasury, whose decisions in such
matters are by law the highest authority,
final and conclusive upon the executive
branch OF the government, and subject TO
revision only by Congress or the proper courts ,
In relation 10 the investment OF certain public
moneys in United States bonds, while the court
does not hold that such investments were justi-
ned by existing laws, yet in view of the fact
that these investments were made only under
the opinion and advice of the Second Conn
tIoiler the court attaches no blame TO General
Howard therefor. The investment Of portions
OF similar fund, viz: the irregular bounty
fund had previously been authorized by ex-
Press law. In concluding, tue court are OF the
laborious investigation, "that General Oliver
o. Howard did his whole duty, and believes
that he deserves well of his country"
The PRESIDENT APPROVES THE REPORT.
The foregoing report and opinion having been
submitted with proceedings to the President
the following are orders thereon:
The finding Of the court OF inquiry is APP
JUDGE ADVOCATE GENERAL Hollis REVIEW.
The review OF the case by Judge Holt covers
one hundred ard thirteen pages Of manuscript.
and contains severe structures upon the court fo-
alleged refusal TO admit relevant testimony and
near important witnesses He SAYS: "The court
md that General Howard has not. with knowl-
cage ana intent, violated any law OF Congress
regulation OF the army or rule of morals SO
far as this declares that he he has not acted in
spirit OF defiance or contempt Of law, or from
any corruptly self seeking motive, no reason is
found In the evidence for any dissent from this
opinion. HIS conduct, however, must be fur
ther judged according to the familiar maxims
that ignorance of the law is no excuse, and that
every man is presumed to contem o late the natu-
raj consequences OF his own acts. When the
Commissioner Of the Freedmen's Bureau was
intrusted by Congress with the duty Of taking
better care, than formerly, that pay and bounty
should be faithfully paid to the cOlored people TO
whom 1t belonged, II he not only failed to pro-
vide An efficient system for the execution OF his
trust, but adopted one which, rejecting safe
guards which had been previously observed
wss wholly inadequate and productive OF mis-
III.
fore such dereliction, ignorance Of law, prese-
ure Of many duties or inexperience In adminis-
uation, though combined with good intentions,
are matters OF pallation not Of Justification
"If Investments OF public money for which
oy law General Howard was responsible, hay-
ing been made by his orders, as above stated
fact to be rendered so that his subordnata con-
stantiy for nearly two years reported that the
money thus invested was cash In the Treasury
OF the United States; and further, IL General
Howard failed to cause any report TO be made
OF the interest Of these investments for a long
time after the period prescribed by law, so thar
the fact OF one investment Of sum as large As
s3OO,O0O for whole year was not known 10 the
secretary or War until nearly three years after
IL haa been reconverted into money, and no ac-
count was rendered of TIL. interest for the same
PERIOD, although such an account is admitted
to have been placed in General Howard q hands
more than two years before the same was given
10 tne treasurer; and If, when the account is
made, IL Is found to cover q charge to the
amount OF SO eco, once before paid out of other
public money, then the serious question arises
Wnesner this delay contrary to law, in account
ing py winch a deficit lay concealed for three
years, Is not due to gross neglect OF duty en- the
part or the commissioner, and this Question l.
not answered by the mere excuse that the con-
version OF the public money was sanctioned by
the Second Comptroller, and that for the man.
agement OF this investment and Its profits there
Is subordinate OF the commissioner who as
dlsburslng officer can be held responsible
IF Gen. Howard, upon assuming personally
the duty OF discussing officer upon the relief
thefeirom or his assistant, received from him
an alleged balance OF q fund of which the Com
missioner was by act of Congress the lawn,
custodian and trustee, and failed to verify that
balance, or TO take any measure to secure the
which it was the remainder, 70 that thers ia no
complete account extant Of the disbursement Of
sl2o,OOo OF the fund, and did further neglect TO
sss 10. on transfer the said balance until
SIX months after he was relieved from duty
then Tor all this the pressure Of other pubiie
Duslness ana iorgetfullness are also matters Of