NOTE: Is Griffin’s patience eroding after nearly three years posted at remote Fort Defiance? We see him appealing an issue of rank precedence to the Attorney General and drawing a sharp rebuke from the Secretary of War. Yet Griffin persists. Perhaps Griffin is appeased by finally receiving the long sought for extened leave of absence in the summer of 1852, which leave lasts into the spring of 1853.
Griffin, Fort Defiance, N. Mex. March 18, 1852 to Lt. AS Song, Post Adjt at Fort Defiance:
“Having complied with Post Order No. 18 of this date, and receiving in reply to my communication same date, protesting against said Order, which gives precedence of rank to 2d Lieut I.N.G.Whistler 3C infantry, Brevt 1st Lt USA Special Order No. 1 dated Head Quarters Fort Defiance in which I am referred to the decision of the War Department, contained in Genl Orders No. 4 of January 18, 1851, I would respectfully ask further that my protest be laid before the Attorney General of the United States for his decision, as it is impossible to see how any military rank can be valid, that is not rendered by law. I beg to state that I cannot conceive how a Court Martial, And a Board of Survey can be analogous.
A Court Martial composed of commissioned officers being a Military Court of Justice, organized by law to take cognizance of Military offences. A Board of Survey being an assemblage of Arbitration to take cognizance of cases in which property alone is concerned. See Par. 906.1073.1121 Genl Rep for Army 1841, Composed of Commissioned Officers when practicable.
Permit me to add that it is not my desire to cavil, or raise questions, but that my protest was made under the firm belief that Order No. 18 is not in consonance with the 61st Article of War.
[Forwarded to Dept. Head Quarters April 9, 1852; Edwin N Sumner, Bvt Col USA Comdg Dept “The deicison of the War Dept of January 15, ‘51 settles this case”] [p.56]
Secy of War CM Conrad War Dept July 27, 1852 “This communication is considered highly insubordinate, and would be treated as such were it not that it probably arises from ignorance or want of intelligence in the writer. The Department is not bound to ask for the opinion of the Attorney General on every point in which an officer may choose to differ from it .Lieut Griffin’s communication will be returned to him with an Admonition that he be more guarded in future.” [p. 52]
Griffin to Lt AS Song Post Adjutant, May 8, 1852, Fort Defiance
“My communication of March 18th last in reference to Brevet rank, having been returned to me from the Department Head Quarters, I have again to again respectfully request that they be forwarded through the proper channel to the War Department for reference to the Attorney General of the United States.” [61]
DE Twiggs, USA, Head Quarters West Div. E. Pascagoula, Miss July 10, 1852
The question here submitted by Lieut Griffin viz. whether Brevet Rank gives precedence on a Board of Survey was settled by the Secretary of War on the 15 January 1851 as announced in “Genl Order” No. 4 of that year; but as this seems to be an appeal from that decision, I do not feel at liberty to withhold it. It is accordingly respectfully transmitted. [p. 58]
S. Cooper AAG, AGG office, July 22, 1852 Respectfully laid before the General-in-Chief; An appeal precisely similar in character by Asst Surg WA Hammond May 12 1851, who was rebuked by the General-in-Chief for insubordination, and admonished to be more guarded.
R. Jones, A[dt] Genl, AAG office , 8/13/52 Your communication of May 12 protesting against your detail as a member of a Board of Survey below 2d & Brt 1st Lieut Whistler 3rd Infantry & appealing to the Attorney General from this decision of the Secretary of War was duly rec’d and laid before the General-in-Chief & Secretary of War And is regarded by the latter as being “clearly a case of insubordination, this probably arising from ignorance.” The General-in-Chief entertaining also the opinion that your conduct in this case has been the result of inexperience directs that your protest be returned to you, with an admonition to be more guarded in future.”
Respectfully submitted to the Sec . of War, (signd) Winfield Scott July 22, 1852
Leave Finally Obtained
Griffin to Adj Genl US Army, Wash DC, 8/2/52: reports he’s on leave at Granville Ohio [p. 65]
Griffin to Adj Genl US Army, Wash DC, 9/2/52: reports he’s on leave at Granville Ohio [p.67]
Griffin (Newark Ohio) to Col S Cooper Sept. 21, 1852: applies for an extension of leave granted by Special Order No 26 dated Adjt General’s office Feb. 19, 1852, until May 1853 on such time as a Government train may leave Fort Leavenworth for New Mexico with the permission to report for duty at that Post. I beg leave to state that if I have to return this fall it will take over two months to reach my post, Fort Defiance N. Mex – which with the time it took to come in, will consume over two thirds of my leave. There are two officers with the Company to which I am attached and the trip, if compelled to join this fall, must be attended with much risk.” [p. 69]
Head Quarters 2nd Art. Fort Monroe, Sept. 30, 1852: Unless Capt. & Bvt Major Kendrick has joined his company there is, by the Post return, but one officer with the company 2d Lt. AS Song. As soon as it may be known that Light Company A has been mounted, the detail of officers for that company will transfer Lt & Bt Major Peck to that company in the place of Lt & B Major Ripley, who will go to Company B. on that event I would recommend a approve of the application of Lieut Griffin’s respectfully submitted. [p. 68]
Griffin, Wash DC, Oct. 13, 1852 to Col. Saml Cooper
“The leave of absence which has been granted me expires on the 23rd of Dec next, and as the season will be so far advanced as to render it difficult at that time to return to my station, I must respectfully request my leave of absence be extended until the last of April or until a favorably opportunity be offered to join my company. In the meantime should my services be required, I would be gratified to be placed on duty either in Cincinnati or Louisville.” [p. 73]
Griffin, Nov. 2, 1852: reports on leave of absence, can be reached at Newark, OH [p. 75}
Griffin, Dec. 2, 1852, New Albany GA: reports on leave of absence, can be reached at Manatee Florida [p. 77]
Griffin, Jan. 1, 1853, Manatee FL: reports on leave of absence, can be reached at Manatee, FL [p. 79]
Griffin, Feb. 1, 1853, New York, report on leave of absence, can be reached at Newark OH [p. 81]Gri
Griffin, Mar 1, 1853, Newark OH, report on leave of absence, can be reached at Newark OH [p. 83]
Source: Fold3.com; NARA; M1064. Letters Received by the Commission of the Adjutant General’s Office, 1863-1870, RG94, Roll 23, Charles Griffin file
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