War of the Rebellion: Serial 032 Page 0720 MO.,ARK.,KANS.,IND.T., AND DEPT. N. W. Chapter XXXIV.

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that he was trying an experiment on his own account, and acknowledging that he had no authority or directions to do so.

2nd. His habit of associating constantly while at Bloomfield with the most dangerous and notorious rebels, some of whom were known to have acted as spies; this after he had been specially warned against them by men of character and established loyally.

3rd. His habit of cursing and abusing many of the highest military and civil officers of the Government, including the President and Governor Gamble, in the most profane and bitter terms, in the presence of such associates as have been described, whilst he kept himself isolated from the officers of his command, thus, and by other acts, denouncing and depreciating them, as they thought, to propitiate rebel influence for some ulterior purpose.

4th. That in the sale of contraband goods he favored a notorious secessionist, who at a time "sported a secession badge in his hat."

5th. That he married one of the two most notorious rebel women in the country, who had carried dispatches and written ballads for the rebel army, and of whom it was so currently reported that Major Montgomery must have known it, that she boasted, at a time when the enemy was supposed to be marching on the post, that she ruled it, and that although the Sixth Missouri Cavalry were holding the place now, her Southern friends soon would hold it. That knowing, as he must, of these rumors, he neither said nor did anything to remove the impression made by them on the minds soldiers and citizens.

It is perfectly clear case that when these offices and others stationed at Bloomfield met for conference on the evening of October 21, each one of them was fully of the opinion that Major Montgomery was acting in the interest of the rebels, and would betray and surrender the post to them if the attack then supposed to be impending should be made.

The proceedings of that meeting, a copy of which is appended to each record, exhibit the depth of feeling and sense of responsibility under which these officers acted in the procedure which led to their dismissal. They well knew that it was perilous to themselves; but, after grave consultation, concluded it to be necessary for the safety of the post they were as much bound to defend against treachery and treason from within as against open rebellion from without. There is no evidence whatever that either of them was actuated by a mutinous, insubordinate spirit, or by any unworthy motive. Neither is it shown that their apprehensions of treachery were well founded, but the suspicious circumstances set forth in the testimony recited were well calculated in the dangerous and excited condition of affairs then prevailing in the country surrounding the post to produce such.

All the charges and specifications against these officers were founded on their procedure above described. Their general character and conduct is shown to have been good. It was testified of Captain Paynter, "that he was the most prompt officer in the battalion, gentlemanly, and obedient to orders;" of Lieutenant Potter, that "his conduct was unexceptionably good;" "paid strict attention to his duties, and was never away from his post," and of Lieutenant Burross, "that his conduct was unexceptionably good."

The Honorable S. H. Boyd, of the House of Representatives, has presented to the President a petition from 35 members of the Legislature of Missouri, praying the restoration of these officers to their former rank and command in the Sixth Missouri Cavalry. These petitioners declare their disbelief that they were guilty of willful mutiny, or could possibly