, 1880-12-29

nRtocd llrnn statement Of tho Gnsc, nnd nj.
s1scd act1on In substance Al follows: "Tho tcs-
tftHnty tAkc1l antt tecfslon rendered by tho
churt af Inquiry leave tne question ot Whit
tak'ra guilt nr tnnoconce undetermined. Whit
tinker hls swor,, to his own innocence, and still
nni,tainslt. Now. II his request for tr!al by
cnurt-n'0rtfhl should 1lo Rrnntcd, and III that
triAa hn shou,t lpo convicted, he would become
llnbfo to punishment for perjury.
.... III TINT EvHNT
It would DO 'f1tcutt, II .not w1oity inadmsslhlc,
FOR tho President to screen Whitaker rrsMn tho
punishment Justly hts dug. lie Inns been found
deficient tri hts Rtut1lcs mil Inns i,eon EntrIy re-
tcctc1 by tho Academic 1lourd or, TINT account.
Nonll It not bo wise, therefore, simply to drop
him from tho rn'l Of tho Acadomy. md thus yet
Fid Of tho inAttcr rnttretyi" Thoso who hold
tics. views havn also aaltl to tho President:
The rcn,ovnl Of tlcn. scho!,e,d and tho nssIan-
ncnt Of Gen. fGosvNrsi 10 duty Mt West Point,
arc. In themselves,
.- STERN nEnuKn
to tho ah,lscs and PRACTICES ttoro which led to
tho olltrngo ulthn Whitaker, whether aclf-cntn-
mltted or not, and nrorl sufficient pt..of Of tho
ftr1n ant sincere Intention of tho Atlmlnstrt.
tson to uproDf and icatroy such ab,,ecs nnh rrnc
ticcs." Il would mot IN fur to infer TINT tho
Rentlcmcn who fnvor tho coltrsc nlnvo de-
ecrlbc,l hold tho opinion TINT Whitaker is gritty.
Thcy simply desire 10 avoid action which might,
1t, n certain contingency, cnnso nov and moro
serious on'barrasstncnts than my which now
exist.
PRESIDENT HAYES.
after long and caroful consideration, has. how
over, decided to Rrant whIttnker's request for a
triM1 BY conrt-marlial. Wllttnkcr's solemn a1lti
repeated nsaorvnttons nj his sanopcnce are sail
to hnvc rna'lc deep impression upon tito mind
ar tho President. If Whitaker Is innocent, tho
President thinks II Is duo tu him to hnyo TINT
faEt established beyuill n ttnnbt, aud, lf ho
should he fund to bo guilty, no one. It IA
thnught, would Insist marc str,nxly that ho
ah0nltl bc punished than would President 1lnycs.
When Gcn. Howard WIS in Washington, and
nfter II had boon decided to send him to Wcat
Point. tho President
nEktHEn Ills OPINION AND RECOMMENDATIONS
regarding tho disposition OF tho Whitaker ousc.
Gcn. Howard submitted I'M nnawer IN writing,
III Which ho tnHti0 certain Recommendations In
substance NJ follows:
!. Tint Whittnkcr's application for trial BIZ
court-mnrtial be granted, md that he bo rcg,l-
lArly trlotl IN clinrgca mud specifications under
tho articles Of wnr.
=. Tint tho court-martial bo composed of
officers mnJarlty Of whom, at loast. shorlt1 not
he men who wcro graduated Mt tho StI1tary
Acnslc my. This prccnuuon, Gen. Howard
thought, wou Id. under tho circumstances, ho a
wise nru.
L. That In caso Of an nonuittal whtttakor
should DO permitted to return 10 tho Acnletny
ano enter tho class next below that to which lc
formerly belonged md thus bo given falr
chnncn to qualify himself to paas tho required
examination md complete tho course of study.
... IT 1s ALSO nSpENsroop
that Gen. Howard wns very s0ltoitous TINT,
whichever coursu should ho t1ctcrsnincl! upon,
action should bo taken befnro llo cntcred un,,,
his duties Mt West Point. 1Ia urent1y Icgfrn,1 tn