LS signed “Z. Taylor, Majr. Genl, U.S.A, Comdg,” one page, lightly-lined both sides, 8 x 9.75, April 3, 1847. Letter to Adjutant General of the Army Roger Jones. In full: “I have duly received a copy of your communication dated January 22nd to S.B. Hinton late Captain in the 2nd Ohio regiment [text is present] and your unofficial note of Jany 23rd on the same subject [text is present]. Capt. Hinton has reported to his Colonel, but as the vacancy caused by his discharge had been duly filled by an election the case was referred to me, and I have felt bound under all the circumstances to decline issuing any order to restore him to his command. Upon reference to the files it appears that Capt. Hinton’s application for leave of absence reached my Head Quarters on the 13th of December as I was on the point of marching for Victoria, and by some inadvertence incident to the press of business, is supposed to have been mistaken for a resignation and orders given accordingly. Had Capt. Hinton before leaving the country notified his Colonel and my staff officer of this mistake, it would have been corrected at once, and no election held to supply his place; but in the absence of such correction the usual course was taken and his vacancy filled. As I had authority at any rate to order discharges in such cases, and as the new incumbent was legally and in due form elected, I do not consider that I have any right to displace him. I have advised Col. Morgan however that if any arrangement can be made within the regiment to meet the wishes of Capt. Hinton without detriment to the services or the rights of others, it will receive my sanction.” In fine condition, with some mild toning along mailing folds. Captain Simon B. Hinton had written to Secretary of War William M. Marcy about his situation, telling him that he had applied for a leave of absence because of his health, but was instead discharged. Despite the fact Jones and Secretary of War Marcy authorized Taylor to reinstate Hinton, Taylor stood firm on his decision. Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.
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