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KIFTKEN CENTS A WEEK. NEW ORLEANS, THURSDAY MORNING, MARCH . 30, 1848. VOLUME I NUMBER 23.
DAILY CRESCENT. , r,. IV l'RITCIIARO, General Broker, No. tiTlira-
tl street. New Orleans. ml)21 «1.1 , ,,Miii,i:s ni'.AKi: & eu, a>mmi ( shit! Hro/if rs, 88 Commoi^treet / mRlM »N PI'' 'MMBR. A dfuster of Averages.—Office (l at Lin ien nermann's, Marine Notary, No. 2YHoyui j street. Mw Orleans. mhio 4m j ,,llls ,, WOODRI IFF. . JAMES K. WOODRUFF.
KIiiN VV<lODRl FF & CO., Commission Mer- | I ^founts and .1 gents for the Louisiana and Nein York
ruf Park ris. So. (JO ( 'amp street.
A I) OP.IKKK. ». A. KINOSLAND.% 4 I) (iRl I'FF & •. IV noir s air I Hahrs ru Jy utter \ nuil C/irrsr, nh0 . /gntts for Ti/i.'ar's .Ilbanji Ah
l'orter and Newark Cider, Nos. 28,88 and 40 Old Le-,„/ I'nrtn und trOriean . rtKRs
niiilti ly . BONNEVAL.
nlKK^ON & BONNEVAL, AUCTIONKllRS, So. I liravier street, will attend to the purchase and sale ol „ j j" Negroes.and Merchandise : al o, to the sale of Ifîuciwions. Furniture, and all out-door sales ; and
iroiu their friend» and the public a portion of thçir pa-nwage. * riihlO
CRESCENT FOUNDRY, No. 55 Girod st.. New Orleans.
L'TF.AM and KIRF Engines, Printing Presses, and AJa-O ohincry in general, made and repaired in a satisfactory
"fSsT Brass Castings and Patterns made to order. mlilô A. C.JON KB.
NFW SPRING- FASHIONS. r|| We would nqvv IK; happy to show our customer: !fg the new French and New York styles of H A T £Sfbrtüi>i rfuring, just. received—Fine Drab and Black"^^ 111; \ VERS, Fine Moleskin SILKS, etc. Fashionable
7 GOODSJn great variety. t Men's, Children's and Infant*'
mh5
sfiiAW GOODS in great variety. Men's. ( 'hildrcn's an itiiaiii»'Leghorn, Panama, Dunstable, China, Pearl, eU 1 I). YV. & F. BEEDEN, 5 Chartres st.
UPHOLSTERY AND PAPER HANGINGS. rnjIE SUBSCRIBERS most respectfully inform*their ; I friends ami the public, that they have just received from
|W H ru h and elegant variety of French l'IJRMTURK, ! ITIIOLSTERV GOODS, and WALL PAPER, to which ! tftpy invite their attention.
JjfT AU orders lor Goods or Work will be thankfully :
waived an»I piompHv attended to. I, ,51m 1)1 15' »!S «V FINN, 58 Chaitr«*s sheet. |
COPARTNERSHIP. " 'PI1E Mit!«rsigned have ibruied H copartnership with a view I of transacting a < OTTON F'A("I'OUJ]G F. and j
111' Yi:i\. /// COMMISSION PI'S/NFS S ill this city, ander the style of Till »KNIIII,L &. Mt ILI 1 FN N V. to i tale effect after the Iii t of'May, next, at which time the j connection of Jno. Thornhill with the house of Ward, Joua» I Co. will l»e dissolved.
R. JVlt•ILIJKNN Y h as opened an office at No. 61 Gravier • street for lit* purpose oi attending to the wants of our friends ! wiomay think pioper to entrust us with their business.
JNO. THORNHILL, ; R. M< ILHENN V. !
New Orleans, Jan. 28 1818 mli5 3m
AC. A1NS WORTH, Marine and Commercial Notary, j . No. 33 Camp street.
Holdmp Commissions from the States of TEXAS, MIS-SISS1 i'l'l. IvIlVTI'CKY, FLORIDA, NEW YORK, MISSDI'RI, IIJJNOIS. INDIANA. TENNESSEE, I'KNNSYI.VANlA. RHODE ISLAND, VERMONT, NEW HAMPSHIRE. DELAWARE. ALABAMA, MA INK. NORTH CAROLINA, SOUTH CAROLINA, I;i;I>R<;IA, NEW JERSEY, OHIO, and MICHIGAN. A. 0. A. is prepared to take Depositions and Execute and Perfect all kind* of Legal Instruments to be used or recorded m said States and the Territory of WISCONSIN.
The usual promptitude at his office is continued in all Notarial Business. mho
CARRIAGES ! — CARRIAGES ! AT RASTERN PRICES at the Corn-A minion CARRIAGE REPOSlT(J-RV, No. 66 St. Char 1rs street, opposite. the Commercial Exchange..—On hand cnnsiaiilty ivinn FAlOIIONABLK CARRIAGES of 'Im'atest stvles, direct from the manufactories: COACHES, I ROCK AW A VS. BAROUCHES, BUGGIES* etc., etc., ! for»tyle, finish and price equal to any in market. Custom- i er» are invited to call and see for themselves.
mh5 3m 11. S. SM I TH. St. Charle«? gt. i
EVANS' ARCADE HAT EMPORIUM, .Vu. 26 M.10.r/,L\T. street. Corner (i RA VIER.Street.
aJI ST RECEIVED an;l now openiug at this !
estahli-hment. the most varied and splendid ju§£ j assor: ment of 11 ATS ever offered in this market ; j
couuttog in part of— ^ ! Sii;»er and ,Medium f|na!itv PANAMAS, LEGHORNS, '
•AN ADA STRAW. «HIN A PEARL, RUTLAND, i «I VAU! IL CAMPEACIIY and ITALIAN STRAW HATS, Super Wbi> • and P»la« k ROCKY MOUNTAIN j MA VER. MOLESKIN and NE PLUS ULTRA HATS, ! of the latest fashions, ami finished in the richest styles.
Noptins or ex|>ense has been spared in the manufacture j and nnisii of this Sto<'k. The old customers of the house | and the public are respectfully solicited to call and examine j »'rtlieuiM.:! vos. mli7 1m
TEETH EXTRACTED WITHOUT PAIN. I ETHEOX.—The Right of the LET II EON, or VAPOR ! Ii OF ETHER. having been purchased by u?. we are now 1
•repared to administer the same, and perform all operations •i|K»n the Teeth while uuder its influence. We have just revived direct from Paris, anew and improved Aparatus for '!•«inhalation of the Vapor or Letheon, which, from its per-frct.safety, and the ease with which it can be used by both !'uient and operator, has been adopted in the Hospital du f'wrilé. Hôpital de St. Louis, and pri »ate hospitals of Paris, awl hy the faculty generallv,throughout France and England.
BLAKE ^ M( »NTREVILLE, Dental Surgeons, mhô lm North st.. Lafayette Square, near St.. Charles st.
WALL PAPERS, "
C O U R T O F I N Q U I R Y . 14« r
Reported for the New Orleans "Daily Cresccnt.'"
NATIONAL PALACE, MEXICO, * Marek 15, 1848. >
Thk <"•»» H 'i abovenamedr-ordered by the President of tl»o I uited States to iminire into certain »Hedged charges acaiust Maj. Gen. PILI.OW and Brevet Lieut.Col. DL\-« w, preferred by Mai. Gen. SCOTT also, to inquire into certain charges against Maj. Gen. SCOTT , preferred J by Brevet Maj. Gen. WORTH-—met Uiis morning at 10 ! o clock. % *
The members of the Court were as follows : * Hriîf. fïeii. NATMW TOW SON, l ' .eiH.nt ; Brig. GEIJ. ( VM.KB < 'rsiiiNO ; Colonel W. (J. BKLKVAP;
('apt. J. O. RIW.KLY . Judge Advocate. On the Judire Advocate reijjiug the order requiring the j
court loa mhle. Gen. S< ott -nted hfmself, accompanied I b. Col. Hitchcock. I u> pect or General; Capt. Il L. Scot I, | A. A. <!.: Lieut. T. \V liliauis, and several o'litr ollicer-s apd ! made some observations relative to the examination and j presence of witnesses and others connected with tlie investi- | gation about to coin»ence. llesai.' he Vfonld rest satisfied with whateve^-ofirsejhe court would pursue in that particular, but as remarks tliat he would make hereafter would refer to the case of Lieut. Col. Duncan, he "desired that that olli-eer might be present. 11(5, also, requested to know of the court whether any other individual besides, htoiself. Gen. PiHow and Lieut. Col. Duncan, were considered; under the order read by the Judge4A<lvocate, as accused parlies. It was not iii*desire to embarrass the proceedings of the conti, but the information would guide him in the course he was nliout to pursue. He should, lliereiofe, feel obliged by being informed in I he:« particulars.
The doors were then closed for some tiitie1. and freing reopened. the Judge Advocate read the^leci,ion of the conrt on the subject. The eotitl decided that no other charges than those preferred by Gen. Scott again -t Gen. Pillow and < 'ol. Duncan, and the charges again»! Gen. Scott preferred by Gen. Worth, would be entertained or made'the Mibjecf of inquiry. The court also intimated that all the partie-
n Id
eftei
astruclions to be befoic it the xfext
uhlresscd the court to the following
•lyeonceive how deeply he had been The court, could searcelyconceive ho\ wounded regarding the matter ndvv before it. He felt most anxious to reply promptly to the charges now under investigation. Any delay in this matter he regarded as injurious tit the extreme, ;ts he CGen. Scoti ) considered himself—(»end mg the in vest igation, but a prisoner at large—a prisoner and an accused individual in the Capital of Mexico. Stricken «I»»xv u from a high command—tiom a high military position — tiie highest, perhaps, ewr oecii|m-d by any citizen sine» the day-, of the " Father of hi ; Country,'] the liniiMirlal \\ a>li ui Jon. Deeply, therefore, did he feel all this, and much more >o, that any can -e of delay might arise in this inquiry. " Nor is this all, .^lr. Président. I find mysell [»lawd as tin-chief criminal, before tins court."and am now informed that one of the parties, against whom a specific charge has been mad# by me. is acquitted, before trial, by the highest constituted autliority of our country. The accuser in this case has now become the accused—the judge the criminal. ,1 pause not for want of words, Mr. President, nor for lack f»l" ideas— they crowd upon me too fa>t ; neither for want of feeling— my feelings are too deep for ntterancè. If these remarks are not in order. Mr. President. ! bow in obciRenec to the court."
The president of the court then informed Gen. Scott that the parties interested in the proceedings would be before the court at 10 o'clock, next morning—that the court was specially formed, that day, in his particular case—And it war not considered neeessary^to have'any other of the accused parties present The court then adjourned until lOVelouk,
He
FlillNCt/ I •jl'F.R-.'MNGtNaS, ' villi suitable : • »RDERINGS for each—among which, Kr«
t »old and Velvet Papers and Borders; Göhl Tapers and Borders : { S'enn Papers, double and single width ; ; Ned Topija-ers and Borders, do.; < Hntin. lrWla/4 (l. and Common Pajiers ; \ jfcViudow Papers, 3 feet wide : i rieured Screen l*î»pers and Borders :
which lie is selling as Iowas Fr vrh Papers cnnbesoM ii New OH-aii.s. lie has al.-o AMERICAN PAPERS, whicW , i«»-offers hnrtiT than lhey can be purchased elsewhere !
V;i'l learn jjiices, and buy il they suit you ; iL not, thera b " »(»tiling charged for a show I" Cr" Tapers» hung to order, and warranted to stick. iiitwif JOS. ETTER. JO Camp-•
CARRIAGE MANUFACTORY. 'PUE patronage that has been extended 1 .» ,r.v hlrrally the last -even çJg-.;->f • e.. \vliilc in I 'ommon street, has induced
"'the i.i;t MininierT«» erect a large buildingJ&lc. npie>sly for inaimfaetiiring and repairing CAJiR ! A^il'IS. ne have now one of the largest Shops m the Soulhern ; "11 ry, and :ije (»repared. with good Northern worknibii, ! •'"il Ine l«est of material-, to build any style of < 'atriage k»
>.and guarantee lliem two years if used in the country. •»•' are al o L- tl«*r prepared than ever before for repairing |
1 ' nre*. andean restore them almosttotheir original beaut* •'"•liiiir.'il»i!iiv. although apparently worn out and useless, i ;)l' will pay freight on Carriages sent us to repair. We writ j-o keep on hand an ns-orl nient of Neir anil See.ovd-ho.v4 \
which will be sold low. Old Carriages taken im » " neu oni s. We in \ itel he at te at ion of those wanting
;( es, Uieir o d ones repaired, to caJI .'!t our Manu* * !' ".rs Kei>o-i<o'x and judge ior themselves, at i he car new
"t ( 'nrn••tlrfrt >'••/•> ts, next doOr to the otli;* t« - " Com u en iî v\ atei \\ oiks, rear of the St. ^h.'«i*>« • »c
M \TTIIEWS & DKV.M Vy. ! »
FFFLE WATCHES, JEWELRY, SILVER AÎ.» : % PLATED WARE, aOiD FENS, &c.
jvELStlN A. V(.llJNU, N<t. 8 Clump street, , ' »•«III,I •».-j ; V Mivilo llu. atl.-nliim of III, '„i-JV •• '•'! ."I I',.. ,.„1,1,.. |,j, ,„.w a 11,1 »tensive as- %- > '
mlni"»l ,11 lin,. r.„L.|,.|, an,I S .vi,, •« < LEVER WATCHES,
! 11 •"• '"-.i anil m,m «-«irlirated nianutat^cniesôf LnAM. 1
.u««I a, \ a. carefullv put up, and warianl(4 t«% ' .'"''I "i ^ilvei C . es of «!>•- most a;»|.roved Patten;..
SECOND DA Y—March 16. IMS. The Court met pursuant to adjournment ; and in addition
to the gentlemen pre-» lit on the day previous were Major-Generals Pillow and Worth, and Brv't Lieut-Col, Duncan. Unite a host of Colonels, Captains ahd others, from the new and old line of the Army, were in the room On the formation of the Court, the orders read the day previous, were again read by th£ Judge Advocate, and thereupon the Court pioceeded to business The Court being duly organized, and the members duly sworn to perform their duties impartially, etc.—
Gen. Scott rose and said, that Ire was present for the purpose of hearing anything that could be said against him regarding the appeal which, if he understood coirectly, had been placed upon the record of the Court. The General then produced a pap. r,. which he said with the consent of the Court he intended lo read, relating to matters connected with the arrest of Lient. Col. Duncan. He remarked that he did not consider it a bar in any of tlife proceedings, regarding any and ail charge» brought against him. lie stood there ready to meet any accusation—he felt hii»rself strong, morally and physically so The president, of the* court here interposed, and said, that no action would be taken on any letter not then formaJly befbre the court (Jen. Scott said, that if i he court did not permit him lo -täte his opinions in regard to letters which he knew to be the source upon which the charges were brought against him, then he no longer stood there a suppliant for4 justice. He took his stand in an attitude of defence The President said that (Jen. Scott's remarks were premature, and requester! the Judge Advocate to read the following letter :
llEADql ARTlCRS, FlRST DIVISION', ) Tacuhaya. Mexico, March 14, 1848. $
V- Cfrn. N. TOWSON, I'rcs't (*yi'rt of Inqrirn: SIR—In the matter of my afïpeal from Maj. Gen. Scott.
Oommander-in-ehiefofthe Armv, the President has done me full aftd ample justice. In view of the interest and harmony ol' the service, i <iesire to withdraw the accusations, which 1 made in that apjjea'. against Maj. Gen. Scott. I have the honor to be, v< \ respect'Iy, your oh't serv't.
[Signed] \V. J. WORTH , Bv't M#Gen.
Aller the rending of the letter, the court sal with closed doorsTor sMfie time, and upon their being re-opened tiie Judge ate anno.meed that all motions, questions, point-„etc., et<\. intended to be introduced before the court,
lo the character af the southernmost route (around the two i takes), that I sent..August 13, to that (Jeneral, written instructions to iJie same eliect, frmii the same place—my quarters at Ayotla; 4th, Tha* during mv stay there, from Uie llth to the löili of August, I sent a Mexican of intelligence from Ayotla. independent uf Brevet Major General Worth's, all around to the village of XochimNco, lo report lo me whether
and 5th, That in the evening of the 13th of the same month, I caused Capt. Mason of the Engineers to be instructed to proceed the next morning to the headquarters o|" Brevet Major j General Worth, at Chaico, in order to his being employed in reconnoitring the same southern route, in which service the ' Captain found himself anticipated by the reconnoitring i>arty i under Lieift. Col. Duncan, who had already, several bouts lie fore, advanced Jjy orders of the said General, acting» under ! my repeated iwlt met ions, on that service.
I am aware Mr. President, that I have no right to call upon Lieut,.Col. Duncan before this Court, to give either a {^'uu-rid or specific answer to 1 hose points, lib is therefore entire- ' ly atiiberty to take no notice of them, ami certainly his si-lencuought not. and cannot in law, operate to his prejudice, here or eke where; but if he answers the interpellation in the f alîirmative, saying that he was ignorant of the material facts 1
asserted above, 1 stand ready to withdraw and 'abandon, j upon his word."the 2d charge and its specification which 1 j
-have p referral against him. Respect Inj I y submitted, Mexico, Myrdi lt>, 184& WINITELO S< OTT . j
Lieut. Col. Duncan .then wrote and submitted the follow- j ins in reply : . i
" In writing the letter to wlueh Major-General Scott refers f iu hispapei just presented to the Court, viz: the ' Tampico i left er,' I lH»IicVed llie facts therein set fortji to l»e snbsUintio'.lii j true—I still belie re. so. Iliad no ^1 es ire to detract directly or indirectly fiom Hie merits of any officer, and no one can regret more than myself if 1 have done so."
Gen. Scott here reiterated that lie had no right to interrogate Lieut. Col. D.. and that his (Lieut, (.'ol. D.'s) silence could not i»e lonsidered as prejudicing him. The answer given did not. meet, the inquiry he had made. The question was—was Lieut. Col. D.»ignorant of tRe facts, &c. On his answer to that question would turn the cotirse he (Gen. S.) shmiltl pursue, jf * .% * i
Lieut, ('ol. Duncan then made an addition to his former answer and piemen ted the whole in the word* following, as his repjy : - », " In writing the letter to^which Major-General Scott re j
fers'in his paper .pi t presented to the court, viz: ' Ta m pico j h-tter,' I believfd the facts therein -ei forth to be s abstint itiU u traf—1 stbe/ttre so. I ha* ^ no desije to detract; direi^ly, j orlndiitctlf. j'rom the merit of any officer, and no one yan re, | grel more thaii n»> -f it it i have done«o. I liaxvno eridcnix j that the *tat«!iieu*- preseotedm the paper of Mfljtir-Generai ; Srott are fçcts—if tlivy are I certainly was i guy rant of them when I wrote the Tampieqjetter, and leariithcm now for the lirst time.'' Respectfully submitted,
Mrj ieo. Monk I". IS48. JAMES DUN«-AN , Bvt. Lt. < 'ol.
The case of Col. Duncan w aschen, by order of the court J lanl aside lor the present.
THE CASE OF MAJ. GEN. PILLOW. ' this case, the A Her the members had'been qualified
Judge «\<hoeate pioceeded to lead the charges of Gen. Scott, against (Jen. Pillow. * ^
(Jen. Scott also proceeded to read a written' argument "Tri this ease, which he prefaced, hynbscrv ingthat he was there, as lie said before, the accused instead ot the accuser, .stricken down fronen high command, and far removed from borne and family—placed as itwero ina ciowd where all lV?ul lo scramble for justice, and therefore In? would not prosecute the charges which lie proceeded to detail to the cQurt. Iii the statement, laid before the court by Gen. Scolt, was set forth the repeated efforts'and overtures made by the^lattertoelicct. au amicable arrangement of what he considered to be a breach of discipline committed by an officer*"ot the army» 1 » tit it would appear from the sannvstatement, that OMI. Pillow refrained from having any such arrangement or explanation as ^vas profMised by Gen. Scott. (Jen. Scott in conclusion, proposes, however, lo withdraw all the. charges made 'against Gen. Pillow, by him, unless, as iu the other case, peremptorily ordered by the court, or by the President ol the United St rtte*lfo prosecute them further.
Gen. Pillow rose and inlonned ihu court that lie protested against any such course as that proposed. He would place himself on the justice of the ca.sel and he demanded a qui He v cad y o vindicate iiis conduct, and he would
stigation into it at ibc hands ol' the ami did desire a court. , i ,
(Jen. Worth said, that as his name had been introduced, and as lie felt some concern in the terinination of the proceedings of the court—he begged permission to file a very brief statement in reference to the subject matter then before
The President rose and made a remark, "which we did not exactly hear, when Gen. Scott rose and said that he had yet to learn by what right or rule the gentleman who last addressed the court, vvps permitted there to introduce himself to the Attention of the'court, or whether tH* subject he biought before the court belonged pröperljLto the business ot the court. , -
The President m formed Gen. Scolt that he was not in order, and added '"that when the gentleman (Gen. Worth,') spoke to the court, the court was not aware what he \yas about to communicate.'
Gen. Seott— Neither did.tjie court know what I was about to communicate just now, when the court thought proper to arrest me in my remarks.
The President—Major (Jen. Scott is informed that this court bas its rights, and will not be iu anyway restricted. The court further informs Major Gen. Scott that lie has his rights, and he shall be fully sustained in them.
Gen. Scott—Major Gen. Scott has been endowed with rights by the God of nature, and the same Power has given iiim the power to maintain those rights, and he asks no •ther.
: been made on the subject pf corres-..en. Scott and (Jen. Pillow, the Presi-
adjournment Of the court until 10 o clock
llùl'Tj, COP ed ai: objection tothedeci
to him ;r*nevv procc nling UM of the court.
he to be posed in his Plied at every cOTner, to be
» ffbrts to acquit him-eil .' yet. st i 11. he wvoul/l use every etlort ! • t • out the objects for which the couit vva IM,-med. He, bherefo », vvovld cheerfully submit to the decision or the «re.ïi, and say no more on the subject.
The co a ii iiere remarked that the proceedings in the ease ol '» n. S, , •{ would be staved lor the present, if no objections
and proposed to proceed to the case of General
ien. Scoft »aid that he would reqWre a short time of the • .»•ut »o reduce to writing the tew remarks made by him before leaving the court. He desired those remarks to be placed «pou tiie records, with a tew more, remarks he was about to ii*ti«. when stopped by the court. It would save the n e (ferait v of other proceedings, which he did not desire. He would ask of tlie court not to ta\e up the case of Major (»'en. Pillow, until it had disposed of thai of Lieut. CoK
'Duncan, lie «aid he had prepared what he had
billow.
Some remarks h; jiondence relatin« • lent'orderert next dat.
THIRD DAY-March 17.
The court met at the usual hour, 10 O'clock, but owing to the absence of Gen. Scott, the business of the day did not commence until! 11 o'clock, the.hour when the General-en-teied the court. , „ .
G< u. Scott commenced by apologising to the court tor the 'lelay he ha*l occasioned the 1 .oeeedings, but he had J>een informed thai the court w_ouN! not .-it on that day, m conséquence of a report having been spread tlAt the day vvouid be .set apart to do horror to the funeral obseuuies of the late ex-Presjdcnt John <i. Adams. Tiie General re<tucstea a delay of a few minutes, in order to make some alterations m one oî'ihe documents subtnittpd by him to the court, in re-feience to the case of Lieut. Col. Duncan.
Gen. Scott, aile, a short time, submitted the document to court which contained his language ot yesterday accepting the reply of Lieut. Cçi. Duncan, which is as follows : " \\ hereupon Major (Jen. "Scott, after stating that ample
evidence, written and oral,, was at hand to substantiate his averments in respect to the lout around lakes Xochomiico and Chaico %idtlnt he accepted the statement ol Lieut. Col.
through some'inadvertency on hîs part ; he then read the following :
CITY OF MEXICO . Nov, 18, 18*17. Sir: I mlerstandiug that the General-in-ehief has it in
contemplation, at an early day, to order portions of the army to distant po-ts in the interior, and »opposing that the reorganization of the " Itegulars" has been ordered with that view—il becomes my duty, as my witnesses in tlie charges oreferred against nie»by the General-in-ehief are mosily embraced in the newly organized brigades, lo inquire it it is possible any column will march before the arrival of the expected order of the government in regard to my trial. I fso, I desire tft be informed what action tue General will take in regard to the witnesses—having m view the interests of the service and my own right to a speed/./ and impartial trio! ; neither of which can be had if my witnesses are orderet! tô distant parts or the country. Very respectfully.
(Signed) Gin. J. PIM.OW , Maj. (Jen. F. S. A. To Capt. II.L. Scott, A. A. A. (J.
Upon'lhç reading of t ! îe letter. G en. Scott renutrked that he wrote on the back of it nnd directed the Adjutant General. ('apt. Scolt, to forward to Gen. P-'row the following reply :
IÏEAlUiU 'ATFTKRS OF TIIE ARMY, < "* * , Mexico, Dec. 20, l^tT^ )
Sir : I have laid your note, dated Nov. 18th, i^47. -instead (by nyst$;e) the IBth instant, before the (Jenetal-iii-ehièfV v\ ho intrusts nie to reply-as follows :
He is well aware that the good of 1 he service and the convenience of the parties, require that there should be no una-voitlable'dela.'? either inthe coin m enc« M UM it or completion of your trial. Hence, by the first opportunity, he asked the President, as the law obliged him, as the prosecutor, to do in tiie case, that a general court martial might be ordered, and without presuming 'o name the-(»laee of meeting, took il for granted it wouliT be near Jhe great body of officers who would be need*; 1 as members of the court and witnesses: Hence, also, he, the General-in-ehief. iu the letter he caused to be addressed to you on the 30th nit., proposed to you, lo take, by consent, the depositions of certain witnesses then here, but about to return jo the United States, iii order to save some two months in sending home, after the meeting of thecourt, a commission to take the depositions of the same witnesses. This proposition you declined, and seemed in the answer, dated the 1st instant, to entertain the hope or expectation that the court for your trial would beorderet! to meet somewise re in the F ni ted States, which might, by taking away a great number of officers, as members and vviInezes, from til!-, army, :lo:> all military operations, J"or a time, against the public enemy. Whether you possess the influence so to cuibafrass the public service, is best known lo yourself..
In conclusion, I a in» instructed to say. that >h%uld a court be ordered for yourlrial in this country, officers who -may lie on detached service iu the same, may lie brought to the place of trial in a thiol of Idle lime that will be needed to send home a eonimission*for taking the depositions of the w itues-ses before alluded to. \ •
(Signed) Major Gen. Pillow.
The court intimated to G receive any correspondence present.
cord in .• the
Il g, kiln l><
ilia most intelligent *«al present ) lo cap li cvt
The court made some i fiiai his object was, in pr ••«nut.
thai lie- rtciri w a - now < « i ••. Seotl aloiK . and
Oca >c. Tl:e ec awized.
» »ain t i i )• ncan bi admit •»!' i t .
i lillir
ho* uni he unde
point siibiii nark, to v\ hi
tm/xi to inquire ild not go IU'O L! lbrthat lmrpo-c
Duncan.a specifications against Itrosecutio" here aird elsewhere.
This paper was accordingly received and entered on the record as a portion of the pioceoding* of yesterday.
Major (Jen. Scott presented two letters, which were a part of the « orrespoudence with < Jen. Pillow, submitted ye.sterday. and desired thai they should be placed on the record as such.
The Piesnlent >aid that he would prefer disjiosing ol the case of Co). Duncau lirst.
(Jen. Scott.»aid hetvould be perlectly satisfied
n. Pillow that it was ready lo vhich he might think proper lo
Pillow said that" he wjshrd to know if (Jen. Scolt persisted in his determination of having the communication presented by him the day betöre, recorded.
(Jen. Scott replied that he would abide by that document. Thecourt would perceive that in it he stated Ins reasons for abandoning the prosecution, lie had nothing lodo with the paper, it belonged lo the court.
The paper above mentioned, was read to Gen. Pillow by the Judge Advocate, as follows : Mr. President antl Gentlemen of the Court :
Having, in the maintenance of what I deemed a necessary discipline, drawn up charges and specifications against three officers then under my command, I transmitted the papers, Nov. 28th, to the Secretary of War, with a request, in each ease, that the President of the United Sthtes, under the Acf of Congress, May 29th, 1830, would appoint a General Court Martial for the trial of the same.
This Court of Inquiry is the result : I am stricken down frojn my high command; one of the arrested Generals ispre-aequitted and rewarded, and jJic other parties—the judge and his prisoners, the accuser and the accus<*fl, the innocent and the guilty, are, with that strange exception, all thrown alike before you, to scramble for justice as we may.
In the case of Major-General Pillow, C had preferred two charges—'lie first, with one specification, respecting a prohibited publication in the newspapers of the United States, and the Mu ojid, embracing a great number of specifications.
Mr. President, considering that I asked for a General Court •Martial, to try, and definitely to determine, cases specifically define;! and set out. ami that this preliminary court lias no power beyond the mere collecting of facts, and giving an inoperative opinion thereon :
Considering, that if we now proceed, the whole labor must be gone over again, af least, by the parties and witnesses :
Considering that many of the witnesses, on the side of the prosecution, and probably on that of the defence also, have gone '9 the United Slates in the long interval that has been allowed to elapse since Nov. 28—i0i< days, of which 50, a? least, are chargeable to delays at Washington and not one to myself: ,
Considering that I, in tinte and in form, proposed to take, by mutual consent, the depositions of departing* witnesses, on both sides, to be read in evidence at the trijd, under the 74th article-of war, which proposition Major-Genera! Pillow thought proper to decline—see the correspondence herew ith, on the subject.
Considering that this court would be obliged to adjourn to the United States, in order to have the least hope of obtaining the testimony of several of those important witnesses now-retired lOjCivil lite, and therefore, not compellable lo attend a military court, evert at home, or to testify before a commission duly appointed by such court.
Considering that the season is near at hand when the court and the parties will not be able to leave thiscouiit ry. lor home, without great perils to life :
Considering that there is a near prospect of a peace between the United Statesand Mexico, which may be consummated in time" to enable this whole army to return home in safety :
( .'onsidering that, immediately on such consummation, Major-General Pillow would, by the express terms ot the law under which iie holds his commission, l>e out of the army, ami therefore no longer amenable for his acts to any military' tribunal. ' ,
Considering that, in preferring the charges against, that officer. I was moved solely by the desire to preserve the di»ci-l.iine ami honor ot't he a mv—not ha\mg ever had i,ie ^i.'litest persorfal quarrel or difficulty; with hiin—and that tiie time ha - probably gone by for benefiting the service by a Conviction and punishment : „ ,
In view of all these consecrations, I shall, Mr. President, decline prosécutin:; I lie charges ami specifications against Major-General Pillow before this preliminary court, without its special o.ders, or the fui ther instructions of the President oi the United Stat#. Respectfully submitted,
Mcj ico, March 10,1848. . WINFIELD SCOTT.
General Pillow having withdrawn his opposition to the above document, being recorded, read the following preamble:
Mr. President and Gentlemen of the Court : In reply to the paper submitted by the prosecutor in this
case, in which he. for the reasons therein stated, declines to prosecute the charges against me, 1 beg leave respect I n jly to say. that I see iti tiie reasons assigned, none tojustify lu> de-teimination. ' .
first. it is said by Gen. ScQtt that "he is stricken down from high command ; and that one of the arrested Generals' is pre-acquitted and rewardetl ; and the other partie#, the
and his prisoners, the accuser and the accused, the nilt/i, are, with that strange exception mnocent and th
all thrown be!"
'the < Ivv I the it h what-
Mr tlie re le of <;,< ruble for jus.«».« «.? »»v, . Worth, by the Governpient,
iii»"
i din g lie labored uuder relative to lhe»court not being II to-day. In- neglected the promise made by him ycstcr-, of presenting a certain document, etc. There v. eçe per-< employed at that moment copying it, and it would be m
•««v ""«»'CUtS. urt decided to Uike up the
llowing tle^usion was
Ali
in his i>f I he court, an opportu: ntered the servie«- under go proiuptl* out, and I
liera iron the ,,f Lieut. ( 'ol. Duncan, and the
n the court being re-onem d the ! in the c:w-e of I . lent. ( 'ol. I> Thai all further pro-
for abandoning al a loss lo understand, on before trial, in (Jen-•cutor oetedus o- Juilgt. inis of Ins displeasure : avow before this court indue. I thought, this
; the prose-
be W:
lade i the j
this t stayed until •d from llie
ultl i the
If Iiis id the time that.
ran ln>t. Tue »-oint retnarket
fir«» be *•'!led : but <n M «hould b^ laid a>ule S- eil an opportunit# tta-fi* K »Muded !<•
Tiie c«»urt t h« n com
, that tin fitrtlier discus>igj until ml' pl.
iscussian I tl.-U. «1
(ien. it wa
> (Je
assembled-Major (ien the writ ten
dent illlbl'llicd G
id Lit
ml by the eyiirt on the 1 Si ale® under which it is i of Major Gen. Scott. Duncan, as set forth in
VVATi-ii l lüMMINdr , • , " ; « i « " - m F , i , u ' ; t ARD CIIA»--«; . J«aiid FoliaiAINS ; WaiL-h Ribbons; J
Sen,1., ot th.» latest ami mo->t fashionable • •••• BRI » ICI IKS. la sr«n van.-li :»
Kubv. '.linnet, IVitrl. and l'lain Gold VINUIIR KINGS. NECKI.ACKS, ,Vc.
, , i.it*ïi' variei v of <ientienien*s Shirt Studs, S|e*v# •arf Pins, Seal Ring., S;«\r»
bkeN
1 t ion. <;
•toiv.C
i tiie i
Hiickles, Gold and Silver "'d and Sdver l!- ncils. Silver Spoon-, Fork«,
eeliim, Ladits. I'ine Silver-plater! Sh , i"dh -îvks.T. »«.s. \-c.. I.evi P.rown and S;^ , Dia'uon.l poia'ed Gold Pens, m (io'.l or
rine Culler;, ai d Fancy (Joods, w hich he wfî
•lent .H «éii-ni i
•ike up i
• IIk-
K Usch
1 the paper
ed wjlh the case ol ( 'ol. ,1, that it Co! D.'scase the court, il should also
ort pref«
impiirei
duly
lUtm * if the ( t*rt : s-ion. it» make the following sfate-1 tin g of I »revet Lieut. Col. Duncan. • of tills court. a> well as that ol the
's. m ilh a *rt
1 te; i
•' I pliai
"to purelia-" fi*. T 'TI . "W> ot Jewelry, won .1 do well to .-all and examine Via ,
I >11, .11 i.,,., ,.| -o where. _ i JSC. P"üculat alt,.;, „I t,,,« t>> RKI'AIRIN« 4Vki
:,t >|.,,rt inHii-e, by tilt- mo-t sklll'lll w-rli,»« •
1 i- - i; ;i; !i,>n of Jewelry made and *'•' •D.*UI ;
UPHOLSTERY ARTICLES, ' \ ? . n i \ m j . s r n r . i v r TI., .-ub-iiu-rii:,.*«.»*
general assortment <»!' aliiu»! every article in -Will, \\ I'll ii, on n-.voilllt of the ail,.;»
Jew ,.• : . th» ,
CURTAIN STX.TTFS: lt«l 1 o , » > I, Ile,,:: I, ., ( / ,, m II » I }Ot. t. t •
ÏÛ" ».»•! ^'*hik\\ 1,11e I I H l'A I NS ; 'mo and IM-I .-JJI MrSKI.NS. iv : Ç.ORK1CE, POLES, BANDS, i, bra-., and Vel,el ('( IRNICH ; • ....'.V ';i, ,. »•• Ien I'MI.KS ;
" I'olka.'- " Ann." 0 < I Kl AIN |; AMIS and I'I Nr-.
T' ™^ARSNT WIÎIDOW-SHADS& . ' ' ''rh ' an, 'e t> t'ull. and u: a^ han,l>otn. !"•*-
cation under each, /cut. Co'oneJ. The first alleges a breaci. on his »Id : e,,erat regulation of the army. repn!»li>hetl is I ied, !»> the President of the I ' uited Slates, . against llie publieaiiou in newspapers i^c., ot I U-l ers or reports, from an army in llie held, gmipai-n they relate lo. and which régula»ion tlie
• is all. in military'authoiity, strictly to enforce, .at the time, of the p
into, and not that t, , liom there e. ns a!-o ;
Pre-ident of the I uited State-letter of »revel .Major tien. \ï mg Iiis appeal tir a < >
efeiei rth. to «h- HOU rt. w it luira w-
igaiw-i the said Sco't but leav-in.* us venom maimy on me ground that the President.had done tire said Worth " lull and annile jnstice Sco't several time*-e^-ayed lo adtlres t»Iien stopped and re-iucsted io reduc with tliat decision or request ot Hw complies as follows : ,)fr. President and Gentlemen of the Court—
Here in the Capital of .Mexico, con iiiered I» the A me can arms, under my command 1 lind myself but .„ larc-e— the chief criminal before this ctini wounded, my niilr.afy prjde is ea.st down by the public enemy—but 1
I he < 'ouri. but was a* lis remarks to writing; nit he now succinctly
i ta
should he thought to constitute the prosecution against myself. I am
I was aware, from my toudemnal eial i Irders " No. Ô4:».*' that theprtis. and coudemnied, unheard, the v ic but I did not expect that he vvouid thaDie considered himself still court were iii^ judges of the case. ,n... ....v. ..v , • ciiior : and cannot untierstand how the fact that eminent has ordered the charges preferred «ayainst hmraiy lien Woith to be investigated, can afford any recoil why he -hoi.1,1 no! proveente 1:1s chiirgi« a?am*t me, it I am gnihv.
I? is true thai ."Maj. (Jen. Scott has been suspended tiom command : but I presume that circumstances does, not de-I bun of lus /iront. I, too. was stiit 'ken tlowii by the arm of power, wielded by himself—arrested and held a prisoner. con lined to the limits of this city, nearly three mouths, and am not now icstoretl to command II a command be necessary lo enable hiiii lo proslcuti the, case, it must be cpiall v nece^arv to enable me to defend mysdf. Agreeably, however, to well P ublished military usage, while under the charges of Gen. Worth, he Vas properly-suspended from command, and in this res pee t, we stand upon etpial footing.
The as^erl ion "that the whole labor of the case must, be gone over .again,' ' i< made uiuler the assumption that he
n maintain his eiiarires and | ,ron: that they aie true. I' .nt in this, I expect to show that lie is mistaken. I nis assertion, liased in error, < u therefoie afford no leasou lor abandoning the prosecution. ;
It any witnesses havegonototue I uited States, lhey went by his permission, and without-iny
an «acquittal. The consideration that the time has gone by for benefiting the serv ice by a conviction and punishment, has no force—it is never too late to do good. The General-in-Chief lias been pleased to say that " he has been moved solely by the desire to preserve the discipline and honor of the at my—not ever having had the slightest personal or difficulty with him" (myself;
I refrain from making any comment 011 this passage ol his paper—in the full confidence that during the progress of this investigatioiMlie fact will be made manifest, whether personal or public considerations have most influenced theGeiie-ral-in-ChiPf in this prosecution. ~
Some of tlie charges preferred against me by Gen. Scott are of the gravest character, affecting, if true, my own honor, and if false, his. His reasons for .abandoning the prosecution liave.no force, singly or collectively. He objects that a court of inquiry has bean substituted for a court martial. From the character of tiiq. parties concerned, as well as the nature of the offences charged, the surest punishment will lie found in the judgment of a just and enlightened public. That judgment will be founded on facts, and to ascertain those facts a court of inquiry is as competent as a court martial. The prosecutor further says he wilf nowjirosecute this case unless ibis court or the President of the United States, shim or.fPr him to do so.
What right has he to expect either will make such an or-fler ] Did either of these order him to arrest me and prefer these charges ? J le (the prosecutor) professes to believe I am guilty. If so, it is his thity to go 011 with the prosecution. As yet all the presumptions of law are, that I am innocent. \\ hat right has he then to require the court or the President to make«an order liiat be shall prosecute charges which he voluntarily preferred, and which he now has an opportunity of establishing, if indeed, he can prove them at all.
Hence it will lie seen that if there was any reason for arresting me and preferring the charges, these reasons still exist, and if the General-in-Chief w as actuated, as he says, by the sole desire to preserve discipline in the army, the same principle of duty would still make it proper for him to prosecute his charges, and prove me—if he can—guilty.
The conclusion that aoconviction and punishment would be of no avail, is an assumption of the fact th.kfc lie can procure my conviction, antl without producing the proof ot my guilt, he endeavors to leave upon the mind of the court, the impression that his failure to prosecute the charges does not pioeeed from any doubt on Iiis mind as to my guilt—and while he would tints deprive me of «In opportunity lo investigate the facts; he wishes to fix upon the record of Ibis court the impression that / am guilty, antl that he can prove it, but for the reasons assigned, he does not proceetk in the
This court having been ordered by the government to irft vestigate and report the facts. 1 am now here, ready «and anxious I goon with the proceedings, shou Ichsuch be the pleasure of the Court, and to fully vindicate my conduct and defend 'm> character against each and every charge which the General-in-Chiel'hîis preferred against me.
I am "not. however, willing It» follow an example of^ doubt-I rt I pioprietv, by assuming an attituifm of defiance before this court,-but shall acquiesce in its decision, be il what it may.
I am «accu ed, under many specifications, of numerous of-fem < several of which aie. if proven true, sufficient to convict 111e before a court mart ial. Does (Jen. Sj'Ott mean to say that he luas no witnesses present by »» bom he can prove any of these charges, or does he refuse topiosecute me on one or more of them because the ev idence is not at hand to convict me of all ? """ *
If the General-in-Chief had withdrawn his charges from llie conviction that tiie impressions under which lie originally acted were erroneous, and that from subsequent in formal ion, he was satisfied he had done me injustice, it would have saved me the necessity of adopting the course which 1 am now bounil by my own honor, to pursue. r
P has thus been shown that the reasons assigned by Gen. Scott for'abandoning the prosecution are insufficient. II he still persists in his determination. I shall hold myself acquitted of his accusations, and the world iniist so regartl it. With this view of the case, I submit the whole matter to the consideration of the court,.with the remark, that I hope the court, by the action il may take, wdl protect me from the consequences resulting from llie course on the side of the prosecution. Respectfully submitted.
Gin. J. PILLOW , Maj, Gen. V. S. A. City of Mexico, March 17. 1848.
Gen. Scott rose and said he had but a single word to say. N ot a single witness had left the country with Ins permission, except (ien. Pierce ; and as others had gone, it was as easy to have taken the deposition of Gen. Pierce as that of any other
* The court then adjourned until ten o'clock on Monday.
FOURTH DA Y „..March 20. 1847. The Court met this morning «at. 10 o'clock, agreeably to
adjourninent. The crowd of officers present fully evinced the deep feeling caused by circumstances, the investigation of which had caused the organization of that. Court.
The proceedings of the last day having been jead by the Judge Advocate,
Gen. Uillow said he would beg permission ot the ( ourt to present a paper bearing upon his case.
(Jen. Scott here rose and remarketl that rumors had come to Ins knowledge, which had been freely circulated through the city, that the Court had it in contemplation finally to adjourn ty the United States, and refer all papers antl documents now before it to the Government. It'-.miclyiecision (said General Scott) has been taken, or is likely to be taken, I desire to submit apaper, containing adefinite proposition, to the Court, and I request that that document shall be read previous to any other. ,
The President said the Court had come to no such decision 011 the subject.
Tlie Judge Advocate said he was requested by Gen. Worth to read a document presented by him, (Gen. W.) and submitted it to the Court.
Gen. Scott said he objected to any paper or document presented by Gen. Worth. a> he (Gen. Wr.) was not connected in any way with tlie subject before theCourt. He regarded iiim in no other light than he-did any bystander.
The President said that nopaper or document w&uld be read by the Court, which it (the Court) did not think in order ; if it did read any such document, it,was then optional with Gen. Scott to object.
Gen. Scott said he had been, and understood how proceedings were conducted in, higher cöurte. (the Supreme Court,) and it. appeared to him thai the Court, which he was then before, had no precedent 111 the mode in which it was about Io proceed. It was assuming a position somewhat, tfitferent from that which he had seen assumed by oilier courts. Was the Court, he would ask the question, to prejudge the ca.-# ?
The President said the Court could not admit ot interruption, and announced that the Court was closed, in order to deliberate as to whether the letter submitted by Gen. Y\ orth Snioui«I be read. ^
On .lie doors being opened, the Judge Advocate read the decision ot tiie ( 'our., to the effect that all papers connected with the investigation before the Court, would be received,
•br.' th:.» presented by Gen. Worth could 1101. Gen. Scoit. lequestivi to know if there was any subject be
fore the ( 'ourt til her than Iiis (Gen. Scott's) immediate cake, as lie held in hand a paper, which he intended to read ; at the same time he begged lo assure the Court, it any thing had fallen from him, which it might construe into disrespect ot that body, that nothing of the kind was his intention. Here Gen. Scott commenced reading a paper, when he was inter-riipted by the ,
President, who said the Court was about to consider upon a s u b j e c t t h e n b e f o r e i t . . . .
The Judge Advocate was then requested lo read the previous conclusion the Court had come to regarding the with-drau-al of the charges against Gen. Scott by (ien. Worth, which withdrawal was left optiqna with the Court.
Tiie Presi,lent then announced that the Court would alt •with closed doors, to consider 011 the above subject, and come to a final decision thereon.
( >11 the doors being opened, the Judge Advocate read the final decision of th« Court, which was, thîtt no farther proceedings be taken on the subject.
A short, discussion here a rose, regarding the readnig ot document presented by < requested to read.
Pillow, which he ((Jen. P.)
ha •ilher b. , aving the power to detain thei... The two. witnesses (no! in the line or stall ot the army) hose depositions were proposed to betaken, are still jW it hm it'll—hoi ii in Ulis city. (Jen. Pierce, I Ije general officer who • impose is alluded to in the letter, is a imperial witness lor y self. The very fact that, he was known to the prosecutor be a material witness, constituted a reason Why he should
my
laei
phoid this ke_,!
• of ll" Col. Dum
, I Shoitcht it 1 • duty pub
All that c< degrade and hum! complished. Buts
llie appeal agaii writer of that le no doubt be 1 hi »
long arm of power from ; Id be done, in that quarter, to injure, to j • here and elsewhere, has been I . tailed by the Mmiglity arm; feding
irong elf« I hin défia
r withdraw
•V'I. w,
es filent of the {*
withdraw that char::» inc. w ubout furlîvr o before this or aiiv <>;
i ruck down from the lug ..-t gallant and triumpha to be prejudged and pui
igiit foiward It» be tried ;
full and ample to hi- piide. am
it ! the plcntitudc
»».« .1*
•wie. Hoping and U-heving IIM! pepub!is|ietl leite.", Iiovvev ioiy. and to th • >amc extent »ant of correct information, represent facts, I courteous! cut tf otlic
lo I
v .1« can Ih> found any where—among which, are S X-( •""•I e'lvr scones, lai.e (b.Hiies. ice.
IMÜSOUITO BARS AND NETTINGS: •|\'|IV »••• "I...I... I inn, and Cotton MCSftf
tu re, ( 'I,
r I'AliS:,, \| 1 ri\'«;.v in rroat vsrietv an.| qu.wtia>
FV,. raATOEHS, DUELED HAIR, &e.: ' > tji' !' > of fini,, 1 no::-i l i,, KU1 pound: 4a
V2i.-I.-I' HAIH Ol 1 qualities R v l'i Al \T fis,!:. 11,!, < I.OTT!. I VKM'.T? . -. ««Its, Table Oil Cloth--. W .M.I. I'Al'F.R, Ca lare» 1 'i ru 't,- 0liIIF -°rttuen».) Cords ^and \ a--els. Kiim-'Cv I'.IOÎ'P,. : Papers: Ctition Woisie l. | .men. :u\4 Siik V rb 'i ' \1 .S and P.IMMNGS . I!,: .!n 1, W, >. ' - ne.'tiiv ! . . II . . ; . . . . \ l . \ l i T'1' l î l . '«J>il . '< 'urniui Hide llair or Moss MAXTRESSE.<. He*
toouLt; ANi'/r.l» SPRING MATTRf.SSlM? made udio tt ,WI V>vork executed with despatch.
JOSl-.l'll KTTER, 20 Cri» st.
Duncan to visit me.Jiefore I penned that second ••barge and its specification, intending to point out to him thv errors of fact committed—to refer to the ev idence, written «nd oral, to confute those errors, and I pledged myself. %hiou*h the same messenger, that, it the persona! interview should no! r. -nit in benefit to the Lieut. Co'onel. it should
bv sibihtv if I could prevent it. work an iujury to him betbie anv court. t ,. .
^l\- re iuest was courteously declined. I de-ire now to give to IJeut. Col. Ibincan anothci op)»or-
tuiitv ot' saving w Itevher he wa« not i 'norant. at the time <>f nt.nr the letter, oi tlie fact-. i i. That long belore leaving
i'n.b'a for this ba-.u. in Angus! last, it had been mv bias an.I expectation that llie American army vvouid bejwhgtu to ap; roach tiie .Mexit an capital, to the left, or soutlt about ot the Lakes Chaico ami Xochiniilco; 2d, Ttiat after general headquarters had reached A>otla, August 11. I nad showed an equal solicitude to get additional information ol that route and those of llie lVnon and .Mexical/mgo; 3d. That besides sending from Ayotla. August 12. oral instructions to Urevet >Iajor Genera! Worth, to push further inquiry into Chaico as
On the rt and asked i
Without euv v mg I» : m , conrl, have done vv it h
I repeal, my altitude WlNMKLOStoil
lent. Gen. Worth ro-.e > a^k a questIOU of th"
he stierst only as a prosecu-
l.lulget! i irk to i
...... . colt here interrupted, and said 1 that gentleman (Gen. Worth) fb lie here tor. antl as such, he had no right to speak
President.—These interruptior Gen. Scott—-Don't apply that . At this point the proceedings wete. it appeared. abiUo
take rather a violent turn, when tlie I resident a», i .i ose and said that the-e iiiegalarities should be s]pl'P®?; ' tie..- I iiie room to be cleared in order that the court might délibéra e upon the document then before them.
On the opetfmg# thecourt. ii was announced that pro. ceetHnirs in the case would be stavinl. providetl no object ion-were made by the parties, it was al-o announced that the court adjourned the case of Gen. Scott, for the pre-i i.t. iu order to give the members time to consider the paper presented by him more fully. In the mean tune the case ol Gen. Pjllow w as ordered to commence.
Gen. Scott rose aud>md that he held in his hand an original letter from Gen. Piiiovv. addressed to the chief officer ol his (Gen. Scott's) staff, lie had intended to have presented it (and an answer he had also) yesterday, but did not do oo
io ne a maicnai vvnness. cwusuimi.i .. not have permitted him to leave the country.
The General-in-Chief knew that the effect ot ordering my : witnesses out of, or allowing them to leave the country, ; would be to deprive me of their testimony altogether, or j greatly to delay the proceedings in the case. ! " >,o rule of law is better established in all courts than that a pari v who voluntarily puts ^vi lueses onto! thewaj.or . consente t.» their going, is noUAti'ied to moment s con-sid -rat'oii ortl"!ay on that account. I he other pad;., who is i hus dep' iv etl ot proof necessary lor his defence, ha» a right |
the paVu'\^\Vure!l bv't he puisectitor (who ôontrolletl the witnesses) i,ei ; 11 it i • u - i lie in lo leave the country pending lus ap- | nliV-ation for a con it martial lor my trial. I
T'n< pio-eeutor had n« /-.g'/Moask meto lake proo., bel ore anv court was ordered foi the investigation ol his charges. The Illing in itself, is unheard of, either in civ ii or military ,-»!IP ' In declining what he has no ..-lit toa.sk. I deprive him of no nght. no pnri/i k> . «»« pruoj : and he cannot in t h a t i i m l a n y e s . - u s e f o r « a i l i n g t o p r o s e c u t e h ^ t h a r ^ i in fact. I ain not known by him to be liiuoceut ot tiie charge
P The'gîeat tlelay of one hundred and nine days has been excfs-ivelv o .|»re-s|ve upon my»elt. rhe public pnpt.s show tie.' llie ie-i!i(,u tor lie* court uiaiUal reached the city ot \vS, ,^'Â!hé^;tb ot^f'l^-iM toi tlii- cou 11 was issued on the loth ot January, anrl a supplementary order on the 17th of the same month ; making about twenty, instead Ot titty days delay .it Washington.
\ x t i l d e p i v h o w e v e r , h a s n o t a f f e c t e d t h e p r o s e c u t o r . I d o not see in it any reason for now abandoning what he once regarded «as a duty. ,. c ,
f ho assumed objection to the adjournment of the court to the i nited Siates. has no force. The ease would be more iiroiii' tlv decided by inis very course, and this too, with the l< asr detriment to the public service. Gen. Scott pays a poor compliment to the honor and integrity of his own witnesses, when he a-sûmes that liiey will dceline to appear before the court, to'iestify to facts deeply affecting tiie purity of the
'"The*sickly ?eason. so justly dreaded, will not set in until after the business of the court in I his city may lie'readilv conclude«!. The con>w!eiation that a speedy peace may remove the army at once from this country, has nothing to do with th«* issues ; n i> impossible that peace can be concluded before the proceedings of the court.
The fact *hat my commission expires with the war, is an aihlilional ica-on for prosecuting the charges, inasmuch a* rt guilty, the interest ol tiie service requires that I should tie onnislied, and it innocent that 1 should have the benefit oi
he same time held in hand another document. which iie also requested should be read first, giv ing as his reasons that, on being read, it might have a tendency to somewhat alter the lone of the other (Gen. Pillow n)docu-iiieiit. The matter was concluded by the document presented by Gen. Piiiovv being reatl, as follows :
CITY OF MEXICO , March 20, 18-18. Mr. President and Gentlemen of the Court:
It will be seen iu the paper presented to the ( ourt by Lien. S«ott. on the Kith inst.. that he refuses to prosecute thé charges preferred by him against me, but does not withdraw
in the reply to that paper, which 1 submitted upon the 17th in t . I endeavored to show that the reasons assigned by him were not those which determined his course and I expressed III V readiness antianxiety Ui proceed wtili the investigation.
Gen. Scot! still persists in his determination. In his paper, however, he recognizes the righ|#>l this Court to order him lo prosecute the case. , , ,
In order, therefore, that I may not be understood as assent in-' to Iii» course, not as «aivi.ip even that made o I ha Ping his charges against ine investigated, 1 now distinctly nrter-i»o-e in y objections t«. hi- ict Inimical from Hie prosecution, and I respectfully ask the Court to order hini to prosecute the case. In making this application I hope I shall not. be thought captious or considered^troublesome.
I am aware that, uiuler the circumstances ot this case, as now presented lo the (-'ourt. every presumption of law, and every inference of fact, from Gen. Scott's own conduct, is in mv'favor, and I should Mihmitthc case to the Court, and the impartial judgment of ajiiat public, without my present application, but for the great weight of character possessed by (ien. Scott, and lor ins having substantially reiterated'Iiis charges m his communication to the Court.
Iftiie Court shall decline to make the order upon Gen. Scott, requiring him to prosecute the case. 1 beg to call the attention of tlie < lourt to the position in w hieb the case w ill then stand. The charges havin^been preferred by Grti. Scott, were entertained, and theiPiuvestigatiOn ordered by the President. * .
This Court having convened for their investigation. Gen. Scott seeks to defeat th" investigation by withdrawing from the prosecution. The charges are, however, still before theCourt, and undisposed of.
A prosecutor is not necessary to authorize theCourt to proceed. The authority of ibc Court is derived from the order of the Government, not from Gen. Scott, and its duly. 'iniJer that «»rtler of the Government, requires it it» proceed v. it h the mi"»!,nation will I regard to (ion. Scott s course. Neither ci»il or military courts will permit the purposes ot justice and* the rights of parties to lie defeated or endangered by tiie course of a prosecutor. The prosecutor having once conie before the Court is hound b\ its order, and will not be allowed to control the a« lion of the Court, or to relieve himself from difficulty by withdrawing bom the piosecntion ol a case which be cannot sustain, where he has been tlie means ot doing injury by instituting proceedings.
To allow an officer to prefer charges seriously affeetiug the eharactei ami reputation ot others'—to arrest the vit tuns of his displeasure—to hold them prisoners until his application could sro three thousand miles and a Court he ordered, and j ravel to the seat of war. atul then, when that Court is convened ami the party is before the Court, ready and for an investigation, under such circumstances,^afterjj« injury which the party can inflict has been accomnfcheirt, •iiid after a false imprisonment of ninety days, to.allow a. ' p r o s e c u t o r q u i e t l y t o w i t h d r a w f r o m t h e P r e v e n t i o n | ih-i»iiefeat the investigation, antl in the very at i i «frawal to endeavor to fix more deeply the injury., and more
ideiblytlfc stain upon the character of the arc..«, sapro-v .!',. .. i,,..i, „-ill be difficult to find a parallel in the which it will be difficult to history of any civil at military tnbunat
I cannot injustice.
slien,! subii'dt'to wiiat Ï concei ve to I« snch I respectfully maintain that, while these charges he ( onrt (au'l thev were placed there by the order
-he i'r-i.ien! of ih'e r„iied States, and not by Gen Scott.) that it is bound, in duty and in law. to proceedI with the in-»estimation, and I »fand here and .«pectlnlly demand as a h ,',u right that it do «. I cannot stiller my character to be thus blackened and traduced with impunity, and 1 beR ot this Court to alio»»-ine an opportunity ol vindicating iny eomlucl against the imputa'ions of the prosecutor.
While, therefore, I m«st submi' <o any decision of the
Court, I deem it my duty to present this application, as th» only hope left me of removing the imputations cast upon me. not only in the charges themselves, but in the very paper in which Gen. Scott withdraws from the prosecution.
Respectfully submitted, [Signed] GIO. J . PILLOW, U.S.A.
Gen. Scott then stood up, and, with a few remarks, read tlie following : Mr. President and Gentlemen of the Court:
1 have heard unofficially, with extreme pain, that you are likely to adjoern, in order lo await, iu this country, the further instructions of the Executive, whether 1 shall be held to prosecute before this preliminary Court the charges and speci. tieatums I have heretofore preferred against Major Gen. Pillow and Bjevet Lieut. Co!. Duncaft.
I 'ntler such decision I should necessarily be held the prisoner of this Court somewhere in the Republic of Mexico, w ithout command, until the se«*uson of the vomito ou the Gulf cqast shall have passed away—say about the beginning of November—a period of more than seven months—unless, in (teed, the whole army should in the meantime evacuate the country, in which case, though without functions, 1 shall be; ready to share with it all the dangers of pestilence.
This necessity of attending upon the Court results from the commands of the Executive, through the War Department, in these words :
" Vou are directed by the President te attend the Court ol Inquiry w herever it may hold its sittings, and when your presence before, or attendance upon the Court, shall no longer lie jequired, and you are notified ol that ta«'t by the Court, you shall report in person at this Department for further orders."
My incarceration, therefore, would be complete, unless, during the interv al of forty days, or more probably, judging from the fate of my demand for a General Court Martial, one hundred, 1 may visit. NewOrleatis, and take, going and returning, the double lia/ard of falling by the Yellow Fever.
Certainly this Court could not come to any decision, before or after all the investigation, calculated to operate a more unexpected or distressing hardship npon me.
Mr. President, among the many reasons I have heretofore ttubmitted for declining to prosecute, at Ibis time, in this country, and before this preliminary Court, the charges, etc. I hat! preferred against Major Gen. Piiiovv—not to recall the case ot Lieut. Col. Duncau—the sixtli was iu these word» :
"The season is near at hand when the Court and the parties will not lie able to leave this country for home without great peril to lite.''
That reason, and tiie understood wish of the Executive, that the service might lie spared the embarrassment of investigating the « äse* referred to in the ortlers on the Court's: record, combined with my own extreme desire, since 1 wa« suspended, to return to in y family, had as much influence upon nie, perhaps, as all the other weighty considerations I have presented,-in shaping my course, before this tribunal, towards Major Gen. Pillow, and not a little on that towards Lieut. Col. Duncan after his answer to certain inquiries, which are recorded.
In respect to my own cas?, 1 did not suppose it would delay me beyond a very few days, when I liatl expected to be told by the < 'ourt that my attendance on its sittings was no longer required. As lo this case, my attitude still is—defiance to
If Iben Mr. President, I am to lie held here a prisoner in the enemy's country, under all the hardships to which I have alluded, until a messenger can go to and return from Washington, I am ready, so far as lam concerned, to take up. whenever the Con it shall say so, the case of Major Gen. Pi I _ low. notwithstanding the probability that a ratified treaty of peace may early disband him, and cut off the investigation, by the time, perhaps, the second charge shall have been entered upon.
Of the witnesses that I should call, if there be time, tosup-port the two charges, or> their specifications, some eighteen are still, I believe, in this country. About twelve have returned the United States. The names of these I shall be ready to bant! to the Judge Advocate to-morrow, in order that they may lie summoned, etc., unless the Court should forsee an early adjournment to the United States.
In respect to the alfcent witnesses, 1 desire to say that several were ordered home by the first train (November 1) before I had formed any intention of arresting the genetal officer in question, and. indeed, before I had become acquainted, except very partially, with a small number of the matter» laid to his charge. Ry the subsequent trains, the second. December 0th, and the third, January 14th, other witnesses were allowed to depart, because I thought it would be a* easy, under Major Gen. Pillow's refusal to take depositions here, to recall all, as it would be to recaH or to lake the depositions, by commission, of the few. Some other witnesses went dow n by the last train (March 6th) under the directions of my successor in command.
Respectfully submitted. [Signed] WINFIELD SCOTT. •
Mexico, March 20, 1848.
Upon the above being reatl, the President announced that the Court would go into the case of Gen. Pillow, and requested that a list of witnesses on either side should be furnished the Court.
The Judge Advocate was accordingly desired to read the charges preferred against (Jen. Pillow, which was accordingly'done, and which took up the time of the Court a full hour. Charges and Specifications preferred against Maj.
Gen. Pillow, U. S. A. , CHARGE I. Violation af a. General Regulation or stand
ing order for the Army : SPECIFICATION.—In this, that the said Maj. Gen. Pillow
did, atfJWiscoae, or other place, near the Capital of Mexico, ou or about August. 27, 1847, write and dispatch, or cause to be written and dispatched for publication, in some newspaper of tiie United States, a letter^ article or communication, purporting to give an account ot certain military operations between the forces of the United States and those of the Republic of Mexico, on the 19th aud 20th of August. 1847, to and about. Contreras and Churubusco, near the said capital, in which operations the said Pillow bore a part, and which letter, article or communication, «as was intended and designed by the said Pillow, was, in due time, uuder the signature of " Leouidas," partially printed antl published in a New Orleans newspaper called the New Orlcair\ Daily Delta-, of the date of September 10, 1847, a copy of which u hereunto annexed, and reprinted entire both in The. Bulletin. and The Daily Picayune of the— and 16th of the same month, other newspapers of the same citv, copies of which are also hereunto annexed : all this pending the campaign between the said forces of which the said operations made a part.
CHARGE II. Conduct unbecoming an officer and a gentleman :
SPECIFICATION 1.—In this, that in order to falsely magnify the generalship, valor and prowess of the said Gen. Pillow, in tlie public opinion of the United States, through the newspaper pre-s of that country, antl hastily lo preoccupy that opinion at the expense of other commanders in the same fields of Contreras and Churubusco, as well as in utter dis-regard of truth and decency—the said letter, article or communication. signed "Leouidas," written, dispatched and published as aforesaid, contains, among others, the following false statements and assertions : 1. That the action [meaning t hat of Contreras, commenced on the 19th of August, 1847,1 had now become with the advancing forces very severe ; and (Jen. Pillow, seeing five or six thousand men advancing from the city to reihforce the enemy, whom he apprehended would fall lipon Gen. Cadwalader's rear, detached from Gen. Pierce s brigade Col. Morgan's regiment, (which was yet w ithin reach) and ordered it instantly to the support of Gen. Cadwalader's—whereast it was Maj. Gen. Scott, who, being then up. early in the afternoon, with the said Pillow, and seeing the said advancing reinforcements of the enemy, directed him, tlie said Pillow, to push forward the said mor-ggiu and his regiment, then in reserve, to the support of the said Cadwalader. 2. That " Late in the evening Gen. Scott came upon the field, and brought with him Gen. Shields* brigade of volunteers, whom he adv anced to the support of the forces under (Jen. Cadwalader, but it was so late they did not get into position until iu the night whereas the the said Scott did not bring with him Shields' brigade, but had, early in the afternoon, (not evening) preceded that brigade, and had, long before its arrival, personally given the said order, lo the said Pillow, to push forward the said Morgan and his regiment to the support of llie said Cadwalader : and whereas, also, the said brigade of Shields was not only up in time to bear a most important part in the general action of Contreras, early in the morning of August 20,1847. but togive streiigf.il and confidence to the position of the said Cadwalader and others near Contreras in tlie preceding n i g h t . . . . .
3. That " The next morning, before dav-light, the brigade of (Jen Pierce advanced in execution of the original order of battle, renewed the assault in front," &c., designing it. to be understood by those words, that Ibis movement, also, was made by the direction of the said Pillow ; whereas the movement in question was made by order of the said Scott, given through Capt. Lee, of the Engineers, who had brought to the-aid Scott a suggestion to that effect from Brevet Brig. Gen. Smith, then the senior officer at the village or hamlet near Contreras, the enemy's entrenched camp, and warn the conception or execution of which movement the said Pillow had no agency whatever.
4. That " Having achieved this signal victory, Gen. Pillow immediately resolved to pursue the retreating forces of the enemy"—evidently claiming antl designig it to be understood, by those words,-that the victory ol Contreras, early in the morning, August 20, 1847, was achieved hy, or under the command of the said Pillow: whereas the said Pillow had slept the night before at San Agustin, from four to six miles from the American troops who achieved that victory, which had been decitled and rendered perfectly complete, long Isfort-the said Pillow had coine up from San Agustin, that morn in",or had arrived within communicating distance of the >aid field of battle : and evidently c anning for the said Pillow or designing it lo be understood by the words, last quoted, that he. the said Pillow, commenced the said pursuit, nr ordered the victorious American troops to commence the
enemy from the camp of Contreras which had >d, as above, by the American force«; wberers,
that hoi pursuit had been commenced by the said Brig. Gen. Smith, with all the American troops at hand, except a brigade or detach ment temporarily left to guard the said camp, long before the said Pillow had come up with the hear! of the pursuit, a mile ami a half or two miles from the »aid camp, or had been heard from, that morning, by the SÎIMI Smith, and long after the said Smith had been personally joined, in the »aid pursuit, by his senior in rank Brig. Gen. Twiggs. , • % t . i
5. That *'during tin-great battle, whichJaMed two^days^ .meaning the military i August, 1847, including I .... . busco.) (Jen. Pillow was iu command ot all the forces engaged. except (Jen. Worth's division, and this was not en-gageti"except in taking the last work "—meaning the téte d.U. pont oi* Churubusco : whereas, the said Pillow was not in the actual command of the troops, nor of any part of the troops wii" gained the said victory of Contreras, nor did he * ommanB more than one Brigade of Infantry (Cadwalader's) in the battle of Churubusco. that followed on the saine day, and fhe said battle ol Churubusco being the only conflict in which the said Pillow participated or had any agency whatever. on the said day.
ti. That " Gen. Scott gave but one order, (meaning during the same two days, August lfl and 20. 1847, on the occasion of the same battle or battles of Contreras and Churubusco.) and that was to reinforce (Jen. Cadwalader's Brigane meaning with that of Shields, in the afternoon of August lit, 1847—designing, by these words, that it should be understood and believed that he. the said Pillow. w*as the geperal planner and director of all the operations of the »aid two days: whereas, the said Pillow Himself, in common with other principal commanders, received many •aid Scott, during the >aid two days, which ortlers contained the only general plans of battles and operations which were followed or executed, so far as the said Pillow was concerned in the said two days. ., 01, , . P
7 "The General1» (meaning the said Pillow s) plan of battle (meaning at Contreras) and that the disposition of his forces ( meaning the said Pillow s) were most judicious and successful." and that "Gen. Scott was so perfectly well pleased with it (meaning the said plan) that he (the »aid Scott) could not interfere with, but lett it to the gallant pro-jr tor (meaning the said Pillow) to carry into glorious and mceewfuJ execution ' —whereas,the plan ot attack or battle.
pursuit of the t
