138 Series II Volume IV- Serial 117 - Prisoners of War
Page 138 | PRISONERS OF WAR AND STATE, ETC. |
this the investigation shows he rode on Monday to Rolla, a distance of at least thirty miles, to consult said order and to confer with Colonel Boyd, commanding post, under whose written instructions the major was acting. After the consultation it was agreed that Best should not be brought in, so on Tuesday night Major T. reached his camp and early Wednesday morning Best was executed. It appears that the time of Best's imprisonment was consumed by Major T. in ascertaining what was his duty in the premises under his oath of office to obey his superiors, and having determined from the best lights around him he acted promptly.
The foregoing constitutes about all the important facts I have been able to elicit in the hurried investigation I have been compelled to give the subject. Now the character of all those officers and men who have borne testimony I have no means of knowing save by their appearance and bearing while testifying. They seemed candid and sincere and gentlemanly. I have full confidence in the worth of their statements. Of Major Tompkins, comparatively a stranger, having known him only a few days, I take pleasure in saying his conduct and statements as far as known to me personally was those of a high-toned gentleman. Public report says of him that he is a brave, energetic and faithful officer. I am inclined to the opinion that he is not overrated. He seems to have the confidence of his men and the better part of his officers with whom I have conferred. He seems to have none of the elements of wantonness and cruelty in his character. Upon a strict and literal construction of General Orders, Numbers 18, I am satisfied he has erred, but I am equally satisfied he was aiming to and supposed he was carrying out in good faith said order. This would appear from his own reports where he executed Best because he was taken in arms and stealthily passing our lines, &c. ; did not execute a notorious guerrilla because he was captured without arms, &c. Major Tompkins seems to be candid, conscientious and undisguised, resting the whole matter upon is best intentions and the facts in the case, believing the order justified his action.
Relative to other recent transactions of Major Tompkins which you enforce upon me to examine I cannot discover certainly to what they relate. I have only found there is some disaffection toward him on the part of one or two of his co-officers, resulting from the major's exactions in discipline and morality. If it be consistent with the honor of the service and the commanding general's sense of duty I would be glad to see Major Tompkins restored to his command immediately, because I have no doubt that he executed Best from an honest sense of duty and because his battalion has suffered demoralization since his arrest from the evil examples and teachings of some of its officers which needs speedy correction, and which no one can do so promptly and effectually as Major Tompkins. I believe his country may expect much at his hands and his country's enemies have much to fear.
I have the honor to be, general, in great haste, your obedient servant,
J. M. GLOVER,
Colonel, Commanding Division.
[Inclosure.]
HDQRS. DETACH. 13TH Regiment CAV., MISSOURI STATE MILITIA,
Camp at Rolla, Mo., July 4, 1862.Colonel GLOVER.
COLONEL: I herewith by request present affidavits of Lieutenant F. [M.] Avey, Lieutenant William A. Lord, Corporal Gilmore, Bugler Burns, Citizen
Page 138 | PRISONERS OF WAR AND STATE, ETC. |