.MTAzMw.NjkxMzU

49 [page stamp]

Respectfully returned to the A. A. A. General, Dep't. of Texas.

         The enclosed Charges of violation of the 6th and 83rd. Articles of War are sustainable under the allegations of their respective specifications.
          The Conduct alleged in the specification to 1st charge, is a refusal to accept a civility from his Commanding Officer during an official interview.  The Specification does not, in the opinion of this Office, sustain the charge of "disrespect" or "contempt".  At most, [2 word underline] the neglect or refusal to sit down, as stated in the specification to the 2nd. charge, is a simple disobedience and is not properly chargeable as a violation of the 83rd. Article of War (see Digest Opinion J.A. G. page 3584).   The statements of the specifications to 3rd Charge are, that neglect or refusal by a subordinate to accept a courtesy from his Commanding Officer, while transacting official business, is prejudicial to good order and military discipline.  If the acts stated were accomplished by no aggravation, it seemed a strained construction of the Article, to hold that they constitute a violation of its provisions.  Paragraph 254. R. A. R. 1863, requires courtesy between Officers at all times, and Lieut. Parker may have failed to exhibit due deference for the request of Lieut. Col. Buell, but the offence does not, in the opinion of this Office, assume the gravity, which requires the trial of accused, by General Court Martial.
                                                                                                       (Sgd) H. B. Burnham
                                                                                                                 Major and Judge Advocate"
     The Commanding Officer directs me to say, that he concurs entirely in the view of Major Burnham, that the charges are untenable.  He thinks moreover that they were unnecessary and uncalled for, so far as the charges themselves or any reports in connection therewith show.      The proper and recognized position for the Officer of the Day, when receiving orders from the Commanding Officer, is standing, and it is the only position, the Commanding Officer can require him to take.   The same on visiting the Commanding Officer's Office on any official business.  If the Commanding Officer chooses to invite him to sit, it is a mere civility, which he is at liberty to decline, and this too without any imputation of want of courtesy.
    So far as the papers show, the Commanding General sees nothing in the conduct of Lieut. Parker, to disapprove, on the contrary he commends his coolness and descretion, when subjected to irritating an improper language of his Commanding Officer.
    Subordinate Officers have their rights, as well as their duties, and when Commanding Officers fail to respect them, it is the duty of the Commanding General so far as possible to protect them.  This duty he proposes to perform very strictly, though at the same time justly.  Very respectfully, Your obdt. servant
                                                                                                                                                                                          (Sgd) J. A. Augur
                                                                                                                                                                                          Actg. Asst. Adjutant General

Copy furnished Col. Mackenzie, Aug.7. 1872. _____________________________________________________________________________________________________________________