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Camp on Little Blue River
Oregon Route June 1st, 1857
Sir,
I
have the honor to state that, having been furnished with a copy of a
communication from Col. E.V. Sumner Com'd'g 1st Cav'y to yourself
reporting his having relieved from the duties of R.Q.M. [Regimental
Quartermaster] and Com'y [Commissary] of this command, which
communication, and the manner of relieving me are so entirely
unsatisfactory to me, I feel it to be my duty to myself
to make a full statement of all that has occurred, either oral or
written, between myself and the Col Com'd'g in reference to the matter.
For
I am convinced that Col Sumner's course towards me, to say the least is
calculated to injure me seriously in the estimation of all not
cognizant of the facts.
I regret exceedingly that so much having been conversational
this statement will be necessarily long; my object being to lay before
the War Dept "the truth, the whole truth, and nothing but the truth," I
have been cafreful to state everything, lest what I might regard as
trivial and leave out, some other might consider of importance.
For
the last three days of my stay at Fort Leavenworth I was confined to my
bed quite ill with fever, scarcely able to stagger across the room with
the assistance of a cane. I do not make this allusion to the
state of my health to enlist the sympathy of any one, but to show
conclusively by my conduct while so sick, that I manifested anything but a disposition to shirk duty,
which the Col's course towards me would seem to imply.
Notwithstanding my very precarious state of health regarded by
the Surgeon in attendance as very critical, yet so great was my anxiety
to secure an efficient and proper outfit of everything needful
pertaining to the Qr Mr & Subsistence Dept under my charge, that
the last two nights, tho' prostrate and unable to superintend in person
the fitting out &c I sent for the wagon master of my train and the
Qr Mr Sergt of the Regt and in my sick room
questioned them particularly about their progress during the day, and
gave them specific directions for the morrow. And I venture the
declaration, in praise of the Qr Mr Sergt C.F. Clarke and wagon master
Mr. P.G. Lowe that a better organized or more successful train, in its
operations thus far, never left Fort Leavenworth. I was propped
up in my bed to write a note to the Col relative to having a mule
changed.
On
the morning of departure, although sick weak and emaciated, I insisted
upon leaving m bed to start, being obliged toavail myself of a private
buggy to go from one point to another in Garrison, where business called. I of course had quite a press of business for a sick man,
and whilst in the midst of it, the Col's clerk presented me with the
invoice and receipts for the ordnance of the command, which had already been put in wagons and started out, stating that the Col said I must sign the receipts. Col Sumner having never intimated such a thing to me during the weeks and months
o preparation, and it being in direct conflict with the Ordnance
Regulations, I told him he must be mistaken, that I would see the Col
about it first. Soon after the Col sent for me, and upon
repairing to his office, I asked him if he had referred to the
Regulations in regard to the ordnance, in which he
was required to take charge of it, he replied in substance that it made
no difference and "I'll give you this order and you can obey it or not
as you like" handing me a written order, a copy of which has already
been transmitted to you. I told him I considered it very unjust,
and would obey the order but remonstrate, to which he replied in a very
abrupt manner "the less you say about that the better." While I
was looking over the invoices & receipts, the Col remarked that it was
his intention when we arrived in permanent camp, to have the ordnance
turned over to the Commanders of the different corps; the emphasis he
placed upon the word "was" very naturally leading me to suppose that it had been his intention once but was not now, particularly as he went on to say that it was a duty which belonged properly
to the Regt'l Qr Mr. especially since horse equipments were ordnance
and that he regretted having relieved me of the Regt'l Ord'nce last
fall, that if he had reflected a moment he woud not have done it (I was
Ordnance Officer of the Regt from its organization till last fall,
merely to relieve the Col from trouble and annoyance, but my
duties were now too arduous to be so generous). Moreover the word "temporarily" was not in the order, nor did any part of the order indicate that it was
temporary. I signed the receipts but wrote a remonstrance
addressed to him which he returned endorsed that a remonstrance was not
allowable "but the door was wide open for appeal" which must be
addressed to the person to whom the appeal was made; I accordingly
addressed an appeal to the Hd Qrs Dept of the West, which I am informed
was duly transmitted.
The
Col met me next morning in camp, and read his endorsement on my appeal,
and remarked that it was very unusual for a staff officer to appeal
from any order given him by his Col. I replied that I had always
felt so and would in my legitimate Dept,
but thought he had done me injustice in putting the ordnance under my
charge, he replied that it was distinctly understood that it was a
temporary arrangement, I rejoined that I did not know that, that I
conceived that if once and ordnance officer I would be always one
(which I conceive now is the only legitimate inference
to be drawn from the Col's conversation the day before). The Col
then remarked that if I could not perform such duties as he thought
proper to assign me, he would prefer having a Qr. Mr that would.
I immediately replied "I will resign sir of course." It was
several days before I sufficiently recovered to ride on horseback, yet
I gave every attention to the duties belonging to my position. I
sought occasion to say to the Col at the 2d camp, that as soon as I
could get my public property arranged so as to know the amount for
which I was accountable, I would tender my resignation as Regt'l Qr.
Mr. He suggested the end of the month (May). I asked if he
would make a sufficient halt for the property to be counted; he replied
he thought not before reaching Ft. Kearny. I told him then it
would be advisable to defer it till reaching that point (which would be
in June), as I recovered health & strength. I set about
righting up my accounts and property, and subsequently (May 28th), I
reported to him that I would be able to turn over the property (public)
in my possession at the end of May. he said "very well" and by
that time he would designate an officer to relieve me. Early on
the 31st before 6a.m. the Col
sent his Adjt to inform me that he was then ready to act upon my
resignation. I replied that there had been such a storm of wind
and rain the afternoon and night before that it was impossible to write
in my tent. I started out as usual at 6a.m. with the train
preceding the command one hour. The Col passed me during the
morning and in passing said "Mr Stuart I am ready to act upon that
paper to day sir." I replied I would write it as soon as possible after reaching Camp; this was in the full hearing of the non commissioned staff & Band, and the wagon master; all of whom doubtless knew to what "that paper" referred. I leave the Department to make its own comment upon that.
I
accordingly wrote my resignation addressed to the Adjt General the
proper channel to the War Dept. enclosing a copy of the order directing
me to take charge of the Ordnance of the Command, which were that day
enclosed in a letter to the adjt requesting, that in anticipation
of the acceptance by the War Dept, I be relieved of the duty, those
three papers were in a few moments by the adjt with the verbal message
from the Col to the effect that it was unnecessary to state the reasons for resigning, and that the resgination should be made to him that the Adjt General had
nothing to do with it, that he had forwarded my appeal and that matter
was settled. I replied that the Army Regulations expressly
designated the Sec of War as the appointing power for Regt'l Qr. Mrs. the Col only having the power of nomination
which of course could not be exercised till a vacancy occurred, and
that therefore my resignation had been addressed to the proper
authority -- that I felt bound to state the reasons, otherwise any one would infer, not acquainted with the facts, that I had been guilty of some serious military offence, and that the Col had mercifully allowed me
to resign, instead of which I had done nothing but maintain my rights.
The adjt submitted the matter again to the Col, (leaving the
papers with me) telling him my reasons for the course I pursued.
The adjt soon after returned with the message that if I could not
resign to him (the Col) he would order me to be relieved without
resigning. I told the adjt that I could not in justice to myself resign in any other way, and
requested him to submit the resignation again to the Col and call his
attention to the terms used in my letter of transmittal to the adjt
which plainly referred to the Col's action prior to the final
acceptance by the War Dept. In a short time the letter and
enclosures were returned without endorsement or remark, and in the same envelope order no. 1 all of which I have already transmitted direct to the War Dept. Col Sumner having virtually refused to forward them.
I was relieved on the 31st ulto and subsequently papers "A," "B", "C",
herewith enclosed, to which I respectfully ask your special attention,
are the only communications which have passed between myself and
Regimental HeadQuarters on the subject at issue.
I feel obliged to direct your attention particularly to a few of the foregoing facts, by way of explanation.
Let
it not be supposed that I did not intend to resign my position as
Regt'l Qr. Mr. till Col Sumner signified his wish to that effect, and
that I was virtually forced out.
On the contrary I had fully made up my mind after the
conversation on the day of departure to resign. I would have sent
my resignation as R.Q.M. to the Col's table that very day instead of my appeal, but
I knew the responsibility and just blame that would attach to me
if I resigned, upon the eve of starting upon an important expedition, a
place of so much importance as that of Regt'l Qr. Mr & Com'y.
I therefore appealed, deferring my resignation till it would be
more convenient to the public service. Col Sumner however having
signified his desire, of course the responsibility, if any, rested with
him.
I did not regard it my province, when directed to receipt for the ordnance, to inquire why the Col did not in conformity with the ordnance regulations take charge of the ordnance himself; nor to inquire why he did not assign that duty to any other officer in the command rather than to his Regtl Qr. Mr. whose duties in his appropriate sphere are enough for any one officer to attend to properly -- which it has been my constant aim to do.
Par
II. of order No. 1 published May 31st, does not recognize the tender of
my resignation as R.Q.M. nor does it in any manner refer to my request to be relieved and consequently the most natural construction that can possibly be placed upon that order "per se" is
that Lieut Stuart being unfit and incompetent to perform the duties of
R.Q.M. & Comy. is hereby relieved, his conduct having been so unofficerlike, disgraceful, that the Col Com'd'g will not even allow him to resign his staff appointment but deems it necessary to relieve him without without
awaiting the action of the War Dept, which act on the part of the Col
Com'd'g is duly reported to the War Dept in letter "A," characterizing
it as "necessary & just" -- terms which admit
of almost any meaning in the way of unmentionable misdemeanor, which
the imagination can conjure up; nor does letter C explain their meaning
any further than to limit the extent of application of the terms, to my objecting to take charge "temporarily" of the ordnance, and by that act I had subjected the Col Com'd'g to the "necessity" as a matter of justice of relieving me, leaving the manner and nature of the objection, a mystery out of which for surmise and conjecture to determine the degree
of applicability of the terms "necessary and just." I may be
mistaken but I do not believe that the Col Com'd'g had a right to
relieve me (except for serious misconduct) unless my resignation be tendered,
which the Col does not recognize either in order No. 1 or letter "A,"
and Letter "C" plainly discloses that the offence comitted was
"objecting to take charge temporarily of the ordnance &c" But I did receipt for & take charge of the ordnance but appealed,
it therefore appears, from this correspondence (I do not make the
accusation) that I was relieved for appealing in other words as
punishment for venturing to seek redress for a grievance.
I respectfully submit the foregoing statement to the War Dept. with the earnest request that for the sake of justice to me
this matter be investigated, and should there exist on the mind of the
Hon Sec. of War the remotest suspicion of impropriety in my conduct or
of incorrectness in this statement, I respectfully ask that a court of
inquiry be convened as soon as practicable to investigate the
facts.
I have the honor to be
Sir Very Respectfully
Your obt svt
J.E.B.Stuart
1st Lt 1st Cav.
To the Adjutant Gen'l
US Army
Washington D.C.
[Sumner's remarks on the back follow]
Sir,
I
would respectfully remark that at the moment of my departure from Fort
Leavenworth, and when I was pressed by immeasurable duties; having no
Ordnance officer for the Expedition, it became necessary to put some
Ordnance stores, temporarily, in charge of some officer -- and I
thought my Regtl. Qtr. Master, having charge of the train in which a
part of them were to be transported, was the most suitable person to
receipt for them. To my great surprise, this officer, Lieut.
Stuart, objected to receiving them -- remonstrated, and appealed
against the order, claiming that I myself must be the Ordnance officer,
under the Regulations, not perceiving that the Regulations applied to
Commanders of Posts, only and not to Commanders in the field, as this
duty would be entirely incompatible with their other duties. On
the following morning, I signified to Lieut. Stuart, that I would
prefer that he should relinquish his Staff appointment, as I considered
that a Regtl. Staff officer, could not properly fill his station,
unless he was anxious to assist and relieve his Colonel, as much as
possible, in all his official duties. Lieut. Stuart expressed a
willingness to resign, and it was understood, that he was to be
relieved, at the end of the month. When that time arrived, he
sent me his resignation, addressed to yourself which I considered
improper, inasmuch, as it was a Regtl. affair, and he had received his
appointment, from me, subject to the approval of the Secretary of War.
Moreover, if I had accepted that resignation, it would have
compelled me to continue him on duty as Quartermaster, for the greater
part of the Campaign, (and this I was unwilling to do), for I could not
have properly relieved him from his Staff duties, and put him on line
duty, until his resgination had been accepted by you.
Very respectfully,
Yr. Obt. Svt.
EV Sumner
Col 1 Cavy
Comg Expd
Col S. Cooper,
Adjt. General,
U.S. Army
Fort Kearny, N.T.
June 5th, 1857
Received (also) June 25, 1857
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