From The New-York Times September 10, 1861:
THE GREAT REBELLION.; …
SPECIAL DISPATCH FR0M WASHINGTON. …
WASHINGTON, Monday, Sept. 9. …
DISPATCH TO THE ASSOCIATED PRESS.
WASHINGTON, Monday, Sept. 9.
Major-General MCCLELLAN has issued the following order:
HEAD-QUARTERS OF THE ARMY OF THE POTOMAC,
WASHINGTON, Sept. 8, 1861.
Private WM. SCOTT, of Company K, of the Third Regiment of Vermont Volunteers, having been found guilty by Court-martial of sleeping on his post while a sentinel on picket guard, has been sentenced to be shot, and the sentence has been approved and ordered to be executed. The commanding officers of the brigade, the regiment and the company of the condemned, together with many other officers and privates of his regiment, have earnestly appealed to the Major-General Commanding to spare the life of the offender, and the President of the United States has expressed a wish that as this is the first condemnation to death in this Army for this crime mercy may be extended to the criminal. This fact, viewed in connection with the inexperience of the condemned as a soldier, his previous good conduct and general good character, and the urgent entreaties made in his behalf, have determined the Major-General Commanding to grant the pardon so earnestly prayed for. This act of clemency must not be understood as affording a precedent for any future case. The duty of a sentinel is of such a nature that its neglect by sleeping upon or deserting his post may endanger the safety of a command or even of the whole Army, and all nations affix to the offence the penalty of death.
Private WILLIAM SCOTT, of Company K, of the Third Regiment of Vermont Volunteers, will be released from confinement and returned to duty.
By command of Major-Gen. McCLELLAN.
S. WILLIAMS, Assistant Adjutant-General.
The pardon was read to the regiment, which heartily expressed their appreciation of this act of Executive clemency. …
You can read more about Private William Scott and see a photo at the Vermont Historical Society. He was mortally wounded at Warwick Creek, Virginia in April 1862.
General McClellan seems to be going along with President Lincoln’s wishes this time.
I’ve put up some posts about the Lincoln administration suppressing newspapers and ignoring habeas corpus. The same issue of The New-York Times contains a letter to the editor explaining why the President has the authority to declare martial law, suspend habeas corpus, free rebel-owned slaves, etc.