With Sarah E. Henshaw letter 1/6/65
Endorsement on Proceedings of a G. C. M. convened at Knoxville Town May 10th 1864. In case of Capt. E. C. Henshaw, Henshaw's Indpt Battery of Lt Arty Ill Vols. Ford with endorsement of Brig Genl of J Ammen Sept 3/64.
Judge Advocate's Office D.O. and N.D.
Cin. O Sept. 21st 1864
Respectfully returned to Capt Henry Curtis Jr
A.A.G. D.O. Knoxville Tenn.
As the case now stands, the sentence passed by the court cannot legally be carried into execution by the Department Commander, for the reason that a portion of the findings of guilty by the Court and which must reasonably be supposed to have had their influence upon the minds of the Court, in making up the sentence passed, have been disapproved by the officer ordering the Court, while the sentence is approved.
It is by no means certain that the sentence as passed is, as it would have been, had the accused been found not guilty, of the 3rd Specification of 3rd charge and 6th charge and its specifications. Hence the impropriety of disapproving the findings and at the same time approving of the Sentence passed as the deliberate judgment of the Court upon those findings.
Aside from this, a careful examination of the proceedings seems to one clearly to indicate more of desire on the part of the Lieutenants who appear as prosecuting witnesses to advance their own interests that those of the Government by the removal of the accused, who appears to have managed his Company affairs, with as much or more ability, and as great regard, for the interests of the service, as the vast majority of officers in the army.
While hardly a specification in all the long list of charges, has, to my mind, been clearly proved, the evidence nevertheless shows the accused to have been guilty of some irregularities that probably deserve censure, but nothing that would warrant the carrying into execution of the sentence passed.
The accumulation of charges is probably one of the worst features in the case. This is, and always has been considered detrimental to the interests of the public service and good of the army.
I have therefore to recommend that the proceedings be disapproved and the accused restored to his command, believing as I do the present trial, will be a sufficient warning to the accused to avoid even the appearance of wrong doing, and the disapproval of these proceedings, restore to the Army an Officer who
has proved himself a gallant one on many a hard-fought field.
(Signed) H. L. Burnett
Judge Adv. D.O. and N D.
State of Illinois ss La Salle County
C. H. Hook being just duly sworn according to law deposes and says that he assisted in comparing this with a true and correct copy of the original document in the possession of Capt E. C. Henshaw and that he believes this paper to be a true full and complete Copy of said original document
C. H. Hook
Subscribed and Sworn to before me this 6" day of January AD 1865.
Clerk of the Circuit Court for Said County