Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1884-04-23

to the President;
~ WAX DEPARTMENT,
W AsEIsGIoS, April y, 1884.
.Sis:-Ot the 10th instant A. Z. Bateman, of this
cityf member Of the hrm of Bateman & Co.,
bankers, addressed me n letter, of which a copy
= lnclosed, in which he alleged that Gen. d. NJ.
SWAIN, Judge Advocate-Geperai OF the army,
had committed fraud upon said firm. On the ne xt
day, and before any action had been taken on the
Communication Of Bateman, another communiea-
tho charges against % Gem. Gem y SWIM g On the
pext day these letters were By referred
cae Tst ressiyed SUCH remarks on as 'hs he
nag desire 70 submit on the allegations
Ss1sD may Sesls S ana % S5 tbs
same day Gen. Swain returned the papers with
the following Endorsement. THE Endorsement
to give the press COPY of Lis first letter on the
day Of its date, and the grave charges made by
given vide pucl;city. HIS object was apparently
% enforce pecuntary adjustment by means, as
shows that Notwithstanding the bitterness of his
attack, q satisfactory settlement quietly
made. one element ofwhlch was his formal with
seems carefully framed to avoid charging him
self with having recklessly made false and libel
ous charges ir his previous letter, Bateman' S
circumstances to the protection OF the War De-
partment, but the integrity and uprightness of
an officer of the army who reports upon every
Ss dnsy Of focessns which G
submit to the President for his final action is
matter of the deepest concsrr to The President,
and to every one of his military grbcrdinetes.
The law requires that conduct unbecomng an
officer and a ,eentlcman" shall be followed BY a
sentence of dismissal from the military service,
could Bs
consideration requires that, more than any
hro.t other otiissr S Of the, the army the Judge
| question from the imputation of such con-
Duct. 1t is matter of deep regret TO me.
therefore, that when the Judge AdvOoate-G General
opportunity the
charges in question, he in respect to the first
make an explicit denial Of its essential part, or to
give in detail such facts and circumstances as
would show the falsity of the charge. Instead OF
doing so he has contented himself with a state
ment which contains nothing to which Bateman &
allegations might not possibly be truthful sup
plement so, in respect to the second charge, as
sisting to negotiate army,pay vouchers with
Bateman d Co., which Gen. Swain knew
to be fraudulent and triplicatos Of outstanding
accounts, Gen. Swaim's response fails to notice.
That charge, as made by Bateman, refersA not
merely to the negotiation Of pay accounts alleged
lent, and to that element of the charge alusion
IS made in his response. 1t is not overlooked that
the final clause of the response asking for the
publication, refers to the accusations false but
mis- specific answers to them are evidently intended
to be found in what has gone before. If there is
no proof to sustain the charges made, or if the
/ circumstances can be explained SO as to remove
every impression of improper conduct on the part
that the welfare Of the military service requires
that proper steps should be taken for his vindca;
public matter. He has not. in my view, recog-
nized this necessity, and he has not done so,
am compelled to recommend to you t. appoint a
court of inquiry to examine into the accusations
above made, and to report the facts developed by
their Investigation, and give their opinion there
on have the honor to be, etc
R0BT- T. LINCOLN. Secretary of War.
To the President.
Upon receipt of the foregoing letter the
President authorized the Issuance of the
\ following order:
| WAR DEPARTMENT, April p, 1884.
\ By direction of the President of the United
States, court of inquiry is hereby appointed tC
examine into the accusations against Brig. .-Gen
David G. Swain, Judge Advocate General of the
United States army, contained in letter ad-
l dressed by A. L. Bateman to tho Secretary Of
l War, bearing date of April 10th. The court will
make full, and thorough Investigation OF
| all matters embraced in the letter of Bateman
and will report the facts developed by it'
| investigation and give an opinion thereon. The
/ detail for the court are Maj. .-Gen. John Pope
Brig. Gen. Christopher c. Augur, Brig, ten.
Delos B. Sackett, inspectorgen of the United
States army. Maj Robert n. Scott, Third Artil
lery, will act as judge advocate and recorder
| The court will meet in Washington, d. c., or
| 'NS ~" ~ MR. N rNcor NJ c.-...- - W.