George H. Gordon, From Brook Farm to Cedar Mountain

[96] gave him, by the way, the fullest assurance), this correspondence with the Governor closed the subject. I may mention here that Mr. Weld subsequently concluded to accept an appointment on the staff of General Fitz John Porter.

There was, however, an interference in a new quarter, and formidable in its opposition to discipline: it was a peremptory order from General Banks to release a private soldier of the regiment from confinement in the guardhouse, at our Frederick camp, and restore him to duty. I think I had a right to assume that one of General Banks's old constituents in Massachusetts, a friend, perhaps father, of the soldier in the guard-house, had made a personal ap peal for this release, and so it was ordered; but not so obeyed. My remonstrance, in a letter to the MajorGeneral commanding, sets forth my feelings; policy should not overthrow principle if it could be avoided. Acknowledging the order, I added, under date of Dec. 26, 1861:

The soldier is in my guard-tent, charged with a violation of the forty-sixth article of war; no evidence having been submitted to a court-martial, guilt or innocence cannot be affirmed. I have examined the case, and am satisfied that it is proper to submit it to a court. Not intending to violate any lawful order of a commander, and convinced that the enormity of the military offence committed cannot have been fully laid before you, I have ventured to withhold the execution of your order releasing this soldier from confinement until a further communication. I have in my guard-tent, in irons, another soldier of my regiment, accused of sleeping on his post while a sentinel. It is charged that he was found a few paces from his post, asleep and lying down. It is alleged that the private whom you order me to release was found a few paces from his post, asleep and sitting down. Why should one be