Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-08-27
Surgeon General Hammond.

FINAL ACTION IN HIS CASE-PCT ON THE RE-
TIRED LIST WITHOUT PAY.
Secretary NcCrary to-day submitted to the
President the following report in the case Of
Surgeon General Hammond:
WAR DEPARTMENT.,
WASHINGTON, D. c., August &c, 1879.
Mr.. President:-I have In accordance with
your Instructions examined the case or Dr.
William A. Hammond late Surgeon General
the Army, and the report of the board recently
convened to consider the same.
/ have the honor to submit my conclusions
uron the case as follows: First In constituting
the act Of Congress Of April 16th 1852, as not
purchase medical supplies Dr. Hammond was
guilty Of no crime. The construction he
placed upon that act whether erroneous
or lot was entirely GO consonant With Ian an
be presumed until the contrary appears
The act authorized medical purveyors
to purchase all medical supplies under the
direction OF the surgeon general. The surgeon
general held that the power to make purcha5es
in person which had been previously exercised
by him and by his predecessor was not taken
away by this act; that the purveyors were
Ing him in the performance Of that duty, rem
dered very OnerouS at that time by great war.
He held that what he could command another
do indirectly he could do directly. / am
clearly of the opinion that the construc-
tion OF the act was not so palpably wrong as
Of it presumably criminal. 1t was the duty Of
the Surgeon General to cOnstrue and execute the
act. second. The acts OF the Surgeon General
in making purchases OF medical supplies In per
son and not through medical purveyor, and In
directing medical puIveyOrs to purchase par
ticular articles at specified prices from certain
persons were not acts in themselves criminal.
The mere fact that these things were done did
not raise presumption of guilt to be overthrown
by the accused. The burthen was upon the
prosecution to establish, by competent evidence
complained Of were done with corrupt In
tent. Third. Upon the question Of intent
the board recently convened finds that there is
no evidence that the surgeon general was in
were charged as fraudulent. 1t is further
found by the board that there is no direct evil
dence to establish corruption, and that the cir
cumstant1al evidence upon the question of In
tent is conflicting and some OF it incomplete.
But the board sustains the sentence OF the
court martial largely upon the ground that the
acts acts! complained OF were unlawful IN them.
must be presumed until the contrary is estab-
lished LIS by the accused, the burthen being on him
THIS; This, l o, regard, Is 2 grave error tor the
the evidence does not establish the charge OF
corruption, and 1t is only by assuming that the
acts complained of were in themselves so pal
Criminal intent, that any sunicient foundation
for the sentence OF the court martial can be
found: and that assumption not being war
FanteQ Dy the t6r1QS OF the statute, the dnQ1nP
cannot be upheld. Fifth. The charge of false
hood Is not sustained. DR.. Hammond stated in
q private letter to DR.; Cooper that Cen
Halleck had requested the detail of Sur
geon Murray for duty at Philadelphia
not made this Identical request, but it was ad-
m1tted that he had requested the transfer Of
DR.. Murray from the south to eastern hospital
duty" 1t was In proof that DR.. Murray had
urgently requested General Halleck to secure
his transfer to PHILADELPHIA, and it Is not i'm
probable that this was mentioned by General
Halleck to Dr.. Hammond, as the latter claims
General Halleck testified that he had no recol-
lection OF having mentioned Philadelphia as
the place to which he desired to have Dr. Muir
ray sent. There Is room for doubt
as to what the Surgeon General un-
derstooG the request of General Halleck to
be. There Is still greater room for the conclu-
sion that an honest misunderstanding arose
between the two, and cannot but regard it as
very harsh and unjust Judgment which pro-
nounced the Surgeon General guilty upon this
charge. l recommend that the finding and
A. Hammond referred to, be annulled and set
aside, and that the name OF said VIM. A. Ham,
mond be placed on the retired list OF the army
as Surgeon General without back, present, or
future pay, or allowance of any kind whatso-
ever. GEORGE w. MCCRARY,
Secretary OF War.
The President endorsed the above report as
follows:-The recommendation of the Secretary
OF War In the foregoing report Is approved, and
orders will issue accordingly. R. B. HAYES
DR.. Hammond was sentenced by court-mar-
tial to dismissal from the army upon the charges
mentioned by Secretary McCrary in his report