[received from the National Archives; also available on Fold3]
[I owe my knowledge of these records to the David B Rankin papers, held at the Georgetown University Library, which Joy Firtell and her daughter kindly photographed for me]
[transcribed 10 pages, 29 July 2014]
[see the shooting of Jesse Wharton]
Index
resignation
enclosure 1 (charges against Wharton)
enclosure 2 (statement by Lt Chapin)
[page 1]
[column 1]
W.24 2. 1859
Head Quarters
7 Inf
Camp Floyd
10 August 1859
Approved and respectfully forwarded.
P [?] Morrison
Lieut Col 7 Inf
Comg. 7 Inf
[Heitman Historical register ... p.729: '* [sc. he was brigadier or major-general either by regular or brevet commission] Morrison Pitcairn. N.Y. N.Y. 2 lt corps art 27 Oct 1820; tr to 4 art 1 June 1821; tr to 2 art 16 Aug 1821; tr to 4 inf 29 Aug 1822; 1 lt 26 Aug 1826; capt 13 Sept 1836; maj 8 inf 26 Sept 1847; lt col 7 inf. 9 June 1853; col 8 inf 6 June 1861; retd 20 Oct 1863; bvt maj 9 May 1846 for gal and mer con [sc. gallant and meritorious conduct] in the battles of Palo Alto and Resaca de la Palma Tex and brig gen 13 Mar 1865 for long and fai ser [sc. long and faithful service] in the army; died 5 Oct 1887.']
Head Quarters Department of Utah
Camp Floyd U.T. Aug 10 1859
Forwarded + respectfully recommended for approval
A S Johnston
Col 2d Cavl + Bt Brig Genl
[Heitman pp.577-8: '* Johnston, Albert Sidney, Ky. La. Cadet M A 1 July 1822 (8); bvt 2 lt 2 inf 1 July 1826; 2 lt 6 inf 1 July 1826; r adjt 14 Sept 1828 to 7 Sept 1832; resd 31 May 1834; col. 1 Tex rifles 8 July to 24 Aug 1846; maj paymr 31 Oct 1849; col 2 cav 3 Mar 1855; bvt brig gen 18 Nov 1857 for mer con in the ability zeal energy and prudence displayed by him in command of the army in Utah; resd 3 May 1861; (gen CSA war 1861 to 1865; killed 6 Apr 1862 at the battle of Shiloh Tenn.)'] ['Cadet M A in bold-face type indicates that the officer graduated at the United States Military Academy; the adjoining date when he entered that institution; the figure in parentheses his standing in the graduating class, and his first appointment the date of his graduation, ....']
2 enclosures
[Announced in G.O. No 26. of 1859.]
+ Army Register of January 1869.)
Recd Dept of Utah / Aug 10" [?] 1859
[column 2]
335 UT [?] 1859
W. 115.
Department of U.T. Aug 10 1859
2 Lieut Jesse B. Wharton
7th Reg of Infantry USA
Tenders his resignation
(Two enclosures)
(two enclosures)
Hd. Qr. Camp Foyd
Augt. 10, 1859.
Respectfully forwarded to the Hd. Qrs. of the Dept. of Utah, with the earnest recommendation that the resignation be accepted. The charges against Lt. Wharton which accompany this--founded in the report of Lt. Chapin, 7th. Inf., also enclosed--I read to him yesterday, and asked him if he
Recd Hd. Qu. Camp Floyd Aug 10
Recd. (Hd. Qr.) Sept. 15, 1859
[column 3]
desired to stand trial by a Genl Ctml on them; he replied he did not, but preferred to resign. I did not therefore arrest him. I understand he has started for the States, or is about to do so at once, under his suspension.
C. F. Smith
Lt. Col. 10th reg + Bvt. Col. Comd.
[Heitman, page 895: '* Smith, Charles Ferguson. Pa. Pa. Cadet M A 1 July 1820 (19); bvt 2 lt and 2 lt 2 art 1 July 1825; 1 lt 30 May 1832; capt 7 July 1838; maj 1 rt 25 Nov 1854; lt col 10 inf 3 Mar 1855; col 3 inf 9 Sept 1861; brig gen vols 31 Aug 1861; maj gen vols 21 Mar 1862; bvt maj 9 May 1846 for gal and dist con in the battles of Palo Alto and Resaca de la Palma Tex; lt col 23 Sept 1846 for gal con in the several conflicts at Monterey Mex; col 20 Aug 1847 for gal and mer con in the battles of Contreras and Churubusco Mex; died 25 Apr 1862.]
2 enclosures
numbered 1 + 2
Hd Qrs of the Army
Washington Sept 16, 1859
Approved by the General in Chief
Respectfully forwarded to the Adjutant General
L. Thomas
Asst. Adj Genl.
Recd. (AGO) Sept. 16. 1859
over
[page 2]
Respectfully submtited to the Secretary of War.
E D Townsend
A.G.O.
Sept. 20 /59 Asst. Adjt Genl.
A G 84[?] -- Sept 20 1859
Rcd back (A.G.O.) Sept 25 /59.
B B 84687
The resignation of 2nd Lieut. Jesse B. Wharton, 7th Inft, is accepted, as tendered
War Dept. 20. Sept 1859.
W H Drinkard [?]
Actg Secy of War
Adjt Genl
[illegible]
[page 3]
Circular
Adjutant General's Office
Washington, Sept. 20, 1859.
Sir:
Second Lieutenant Jesse B Wharton 7th Infantry having tendered his resignation, I respectfully request a statement of his account with your office.
I am, Sir, very respectfully,Your Obt. Sevt.
E D Townsend
Asst. Adjt. General.
Quarter Master General. Nothing here.
Commissary General.$1390.13 due Army Subsistence
Paymaster General $100 50/100 due for double payment.
Colonel of Ordnance, Nothing in Ordnance office.
2d Auditor. He owes on money a/c $123.23 T Lettwoody [??] -- He has unsettled property acs [?]
3d Auditor. no unsettled acs [??] as yet on file C.A. No unsettled Sub. acs A.F.C.
[written between the lines] He stands charged $$1372.52/100 E Ninzan [??]
2d Comptroller. Same as Auditor. T.F.C.
[page 4]
Camp Floyd, U.T.
August 9th 1859.
Sir:
I have the honor to tender the resignation of my commision in the 7th Regiment of U.S. Infantry to take effect the 31st of August 1859.
I am SirVery Respectfully
Your Obdt Svt.
Jesse B Wharton
2d Lieut 7th Infantry
To
C. E. Brewster [??]
2nd Lieut 15" Inft.
Post Adjutant
[the preceding addressee is crossed out:]
To the
Honorable Secretary of War
Washington D.C.
[page 5]
(Enclosure No 1)
The United States
adversus
2d Lieut Jesse B Wharton
of the 7th rgt [?] of Inf
1
335.W (AGO) Sept. 16. 1859.
(ENcl) [sic]
[column 2]
1
W. 24. Dept of Utah / Aug. 10. 59
W. 115. (Hd Qrs) Sept 15, 1859.
[page 6]
2d Lieut. Jesse B. Wharton of the 7th Rgt. of Inf., is accused of the following, to wit.
Charge.
Conduct unbecoming an officer and a gentleman [see article 83 of the Articles of War]
Specification.
In that he, 2d Lieut. Jesse B Wharton of the 7th Regiment of Infantry, being at the time suspended from rank and pay proper by sentence of a General Court Martial, (See General Orders No. 16 from the War Department, dated on the 16th of Dec., 1858,) and at the time occupying public quarters in the Camp of his regiment, at Camp Floyd, U.T., did, in the town of Fairfield immediatel adjacent to the said Camp Floy, U.T., between the date of his release from arrest, to wit: On or about the 22d day of July, 1859, and the 8th day of August following, conduct himself to the discredit and disgrace of his commission as an officer of the Army by, as a general rule, appearing publicly in the presence of soldiers of the aforesaid Camp and residents of the said town, dirty and filthy in person and in dress: by being, as a general rule, publicly drunk in the presence of the said soldiers and residents: by making himself the boon companion of such of the
[page 7]
aforementioned soldiers as would not refuse to drink with him in sundry of the drinking establishments of the town: And, as a general rule, by sleeping on benches or tables in the bar-rooms of the drinking establishments of the said town, and in the street and alleys, exposed to the public gaze of the soldiers of the said Camp and the residents of the town.
C. F. Smith
Lt. Col. 10th Inf.
+ Bvt. Col. Comdg
Witnesses:
Sergeant Major Aug Q Nenber [?], 7th. Infty.
" " Martin Mullins, 5th. Inf.
Private John Stephens, Co "C" 7th. Inf. (Hosp [?] Cook)
Sergt William H Maxwell, Co "I" 10th Inf. Provost Sergeant
" Loal [??] Boys, Co "H" " " " "
" Joseph Pendergrast, " "K", 7th " " "
" John R Reid Co "E" 5th " " "
Corpl John Royce " "H" " " " "
[page 8]
(Enclosure No. 2)
Adjts Office 7 inf
Camp Floyd, U.T.
8th Aug. 1859.
1st Lt. G. Chapin 7 inf
Act. Adjt
Official Report concerning 2nd Lt Jesse B Wharton 7 inf
Hd. Qrs. 7 inf.
Camp Floyd U.T.
8. Aug. 1859
Respectfully forwarded
P Morrison
Lt. Col. Comd 7 inf.
[column 2]
W 4. Dept of Utah Aug 10 1859
2.
W. 115. (Hd. Qr.) Sept. 15. 1859.
3
235. W. (AGO) Sept 16. 1859.
Recd Augt. 8 /59 at Hd. Qrs. Camp Floyd, U.T.
ENCL
[page 9]
Adjts Office, 7. inf.
Camp Floyd U.T.
8th August 1859
Sir,
I have the honor to state that 2nd Lt. Jesse B. Wharton 7th inf (now under suspension) has from all accounts, since his release from arrest, kept himself in a filthy condition, associating with enlisted men in the town of Fairfield, and drinking in public bars with soldiers, when permitted by them to do so. that he has frequently attempted to drink with non-commissioned officers, and that they as well as soldiers have publicly refused to drink with him. that he has after all this appeared publicly in front of the Regiment, while on parade, and that he is now lying in a set of Quarters built for the use of officers on duty with the Regiment, in a state of beastly intoxication.
[page 10]
that it is reported that lately he has been begging his meals in Fairfield, and has even come to the Company Kitchen of Company K 7 infantry, and begged for victuals. that he made his bed in Fairfield, wherever chance would place it, and slept for the most part on benches, and in the alleys and corners about town.
His conduct, disgraceful as it is, fails to awaken in him the blush of shame, and he returns now to again attempt association with those, whom as a class he has dishonored, by appearing in public with the uniform of an honorable profession.
I am, Sir,
Very Respectfully,
Your Obt. Servt.
Gordon Chapin
1 Lt and
Act Adjt of 7 inf.
To
Lt. Col. P Morrison
Comd 7 inf
Camp Floyd,
U.T.