The causes of
the recall of Major-General Scott from the command and the propriety
or impropriety of the conduct of General Jesup in writing the letter
referred to were not submitted to the court as subjects of inquiry. The
court itself appears to have been of this opinion, inasmuch as no notice
was given to General Jesup of the pendency of the proceedings, nor had
he any opportunity to cross-examine and interrogate the witnesses, nor
to be heard in respect to his conduct in the matter remarked on by the
court.
For the several reasons above assigned, the President disapproves the
opinion of the court, and remits to it the proceedings in question, to
the end that the court may resume the consideration of the evidence and
from the same, and from such further evidence as shall be taken (in
case the court shall deem it necessary to take further evidence), may
ascertain and report with distinctness and precision, especially as to
time, place, distances, and other circumstances, all the facts touching
the opening and prosecuting of the campaign in Georgia and Alabama
against the hostile Creek Indians in the year 1836, and the military
operations in the said campaign, and touching the delay, if any there
was, in the opening or prosecuting of said campaign, and the causes of
such delay; and to the end, also, that the court, whilst confining its
opinion to the subject-matters submitted to it, may fully and distinctly
express its opinion on those matters for the information of the
President.
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