BUSH'S LAST STAND & The Court Martial of Gen. G.A. Custer

Until June, 2001, it was possible to go to the US Army Military History page and read about the Court Martial of General George Armstrong Custer. Now it only possible due to the Wayback Machine. If you attempt to go to US Army Military History to read about this and other “sensitive records” of court-martials of Army Generals in history, you will be told:

“Forbidden
You were denied access because:
Access denied by access control list.”

The Court Martial of General Custer occurred nine years before his last stand in Little Big Horn.

What I remember from what I read about Little Big Horn is that:

1) Strategically the plan was nuts. The army was divided into three regiments. As Custer led his regiment into Little Big Horn, the troops marched along a pass that was 150 feet wide, and it had been made by horses, marching people, and dragged equipment sleds. During this march many many members of Custer’s regiment turned back, knowing they were walking into a confrontation with approx 6 to 10,000 members of the Indian Nation.

2) Custer’s men were outmanned and outarmed.. Custer’s troops were armed with old Civil War issue single shot rifles. The bullets needed to be loaded one at a time, and the soldiers had to use jack-knives to prise the bullets from their belts where they had rusted. The Indians were armed with Remington 16 shot repeating rifles.

3) Custer was ambitious to become President of the United States, and this campaign of war on the Indian Nation was his effort to win the popular vote by achieving a swift victory and to wipe out the Indian Nation. He was a megalomaniac. He was driven by blind insane ambition…. The only survivor of Custer’s regiment was a horse named Comanche.

While discussing the censure and impeachment of George Walker Bush, I think more attention needs to be paid to COMMAND RESPONSIBILITY and the UNIFORM CODE OF MILITARY JUSTICE. Reading about case of the court martial of General George Armstrong Custer is a good place to start. Then, it might be appropriate to ask why the US Army decided to remove this case from the history files on its website. www.army/mil/history/custer

THE COURT MARTIAL OF GENERAL GEORGE ARMSTRONG CUSTER

On 11 October 1867, at Fort Leavenworth, a court martial found Brevet Major General George Armstrong Custer, Lieutenant Colonel, 7 th U.S. Cavalry guilty and sentenced him to suspension from rank and command for one year, and forfeiture of his pay for the same time.
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*    Charges
*    Findings
*    Members of the Court
*    Further Readings
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Charges and Specifications preferred against Brevet Major General G. A. Custer, Lieutenant Colonel 7th U.S. Cavalry
Charge first.

Absence without leave from his command.

Specification first.
In this, that he Brevet Major General G.A . Custer, Lieutenant Colonel 7th U.S. Cavalry, did at or near Fort Wallace, Kansas, on or about the 15th day of July 1867, absent himself from his command without proper authority, and proceed to Fort Harker, Kansas, a distance of about 275 miles, this at a time when his command was expected to be actively engaged against hostile Indians.

Charge second.
Conduct to the prejudice of good order and military discipline.

Specification first.
In this, that he, Brevet Major General G.A. Custer, Lieutenant Colonel 7th U.S. Cavalry, immediately after the troops of his command had completed a long and exhausting march, and when the horses belonging thereto had not been rested, and were in an unfit condition for said service, did select a portion of such command consisting of three Commissioned officers, and about seventy-five men with their horses, and did set out upon and execute a rapid march from Fort Wallace, Kansas, to Fort Hays in the same state; the said march being on private business, and without proper authority or any urgency or demand of public business; and in so doing did seriously prejudice the public interest by overmarching and damaging the horses belonging to the said detachment of his command.

Specification second.
In this, that he, Brevet Major General G.A . Custer, Lieutenant Colonel 7th U.S. Cavalry, while executing an unauthorized journey on private business from Fort Wallace, Kansas to Fort Harker in the same state, did procure at Fort Hays in the same state, on or about the 17th July 1867, (two ambulances and) four mules belonging to the United States, and did use such (ambulances and) mules, for the conveyance of himself and part of his escort from said Fort Hays to Fort Harker in the aforesaid state.

Specification third.
In this, that he Brevet Major General G.A. Custer, Lieutenant Colonel 7th U.S. Cavalry, when near Downer’s Station in the state of Kansas, on or about the 16th day of July 1867, after having received information that a party of Indians had attacked a small party detached from his escort near said Station, did fail to take proper measures for the repulse of said Indians, or the defense or relief of said detachment; and further, after the return of such detached party of his command with report that two of their number had been killed, did neglect to take any measures to pursue such party of Indians, or recover or bury the bodies of his command that had been killed as aforesaid.

Additional Charges and Specifications preferred against Lieutenant Colonel George A. Custer, Brevet Major General U.S.A.

Charge
Conduct prejudicial to good order and Military discipline.

Specification first.
In this that Brevet Major General G.A. Custer, Lieutenant Colonel 7th U.S. Cavalry, while en route commanding and marching a column of his regiment, six companies or thereabouts, strong, from the valley of the Platte River, to the valley of the Smoky Hill River, did, when ordering a party of three commissioned Officers and others of his Command in pursuit of supposed deserters who were then in view leaving camp, also order the said party to shoot the supposed deserters down dead, and bring none in alive.
This on “Custer’ Cavalry Column Trail,” while traveling southward, about fifty miles southwest from Fort Sedgewick, Colorado, on or about the seventh day of July, 1867.

Specification second.
In this that Brevet Major General G.A. Custer, Lieutenant Colonel 7th U.S. Cavalry, did order (the following named and designated Soldiers of his regiment, viz. Bugler Barney Tolliver, Company K., Private Charles Johnson, Company K., Private Alburger, Company D., and other) enlisted men of his command, to be shot down as supposed deserters, but without trial; and did thus cause three men to be severely wounded.

This on “Custer’s Cavalry Column Trail,” while traveling southward, between fifteen and forty miles South of Platt River, between fifty and seventy miles Southwest from Fort Sedgewick, Colorado, on or about the seventh day of July, 1867.

Specification third.
In this that Brevet Major General G.A . Custer, Lieutenant Colonel 7th U.S. Cavalry, after the following named and designated soldiers of his regiment, viz. Bugler Barney Tolliver, Company K., Private Charles Johnson, Company K., and Private Alburger, Company D., had been summarily shot down and severely wounded by order of him the said Custer, did, order and cause the said soldiers to be placed in a government wagon, and to be hauled eighteen miles, (and did then and there neglect and positively and persistently refuse to allow the said soldiers, to receive treatment and attention from the Acting Assistant Surgeon with his command or any other Medical or Surgical attendance whatsoever).

This on “Custer’s Cavalry Column Trail,” while traveling southward, between fifteen and forty miles south of Platt River, between fifty and seventy miles Southwest from Fort Sedgewick, Colorado, on or about the seventh day of July, 1867.

Specification fourth.
In this that Brevet Major General G.A. Custer, Lieutenant Colonel 7th U.S. Cavalry, while commanding and marching a column of his regiment, six companies or thereabouts strong, did, on or about the seventh day of July 1867, at a point about fifteen miles South of Platt River, and about fifty miles southwest from Fort Sedgewick, Colorado, order and cause the summary shooting, as a supposed deserter, but without trial, of one Private Charles Johnson, Company K., 7th U.S. Infantry [sic], a soldier of his command; whereby he, the said Johnson, was so severely wounded that he soon after – to wit, on or about the 17th day of July 1867, at or near Fort Wallace, Kansas – did decease; he the said Custer thus causing the death of the said Johnson.
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Findings
Of the 1st Specification 1st Charge – Guilty of the Specification, substituting the words “Fort Harker,” for the words “Fort Riley,” and the figures “200” for the figures “275.”

Of the 1st Charge – Guilty.
Of the 1st Specification of the 2nd Charge – Guilty.
Of the 2nd Specification of the 2nd Charge – Guilty of the Specification, substituting the words “Ft. Harker” for the words “Ft. Riley;” omitting the words “two ambulances and,” and substituting the word “four” for the word “eight,” and omitting the words “ambulances and,” and attach no criminality thereto.
Of the 3rd Specification of the 2nd Charge – Guilty.
Of the 2nd Charge – Guilty.
Of the 1st Specification of the Additional Charge – Guilty.
Of the 2nd Specification of the Additional Charge – Guilty of the Specification omitting the words “the following named and designated soldiers of his Regiment, viz Bugler Barney Tolliver, Co.K, Private Charles Johnson, Co K, Private Alburger, Co. D. and other,” and substituting the words “three” in place of the words “the said.”
Of the third Specification of the Additional Charge the Court finds the facts as stated in the specification except the words “and did then and there neglect and positively and persistantly refuse to allow the said soldiers to receive any treatment or attention from the acting assistant Surgeon with his command, or any other medical or surgical attendance whatever,” and attach no criminality thereto.
Of the forth Specification of the Additional Charge – Guilty.
Of the Additional Charge – Guilty.

In consequence the Court sentenced Brevet Major General G.A. Custer, Lieutenant Colonel, 7th U.S. Cavalry, to be suspended from rank and command for one year, and forfeit his pay for the same time.
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Members of the Court
*    Brevet Major General William Hoffman, Colonel Third U.S. Infantry
*    Brevet Major General John W. Davidson, Lieutenant Colonel Tenth U.S. Calvary (excused)
*    Brevet Major General Benjamin H. Grierson, Colonel Tenth U.S. Calvary
*    Brevet Brigadier General Pitcairn Morrison, Colonel U.S. Army Retired
*    Brevet Brigadier General Michael R. Morgan, Major Commissary of Subsistence
*    Brevet Brigadier General Franklin D. Callender, Lieutenant Colonel Ordnance Department
*    Brevet Lieutenant Colonel Thomas C. English, Major Fifth U.S. Infantry
*    Brevet Major Henry Asbury, Captain, Ordnance Department
*    Brevet Major Stephen C. Lyford, Captain Ordnance Department
*    Brevet Lieutenant Colonel Robert Chandler, Captain Thirteenth U.S. Infantry, Judge Advocate
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Further Reading
Lawrence A. Frost, The Court Martial of General George Armstrong Custer, Norman: University of Oklahoma Press, 1968
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Back to the CAC & Fort Leavenworth History page.
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Submitted by J. Patrick Hughes Ph.D., Historian, Command Historian, 99th Reserve Support Command, Oakdale, PA.

See also: Gen. George Armstrong Custer, US Army, Court Martial, Command Responsibility, Uniform Code of Military Justice, Impeachment, Censure, Iraq

See also: Senator Patrick Leahy vs. Torture 2003-2006
New Yorker Fact Leahy vs. Torture 2003-2006

Author: suskind

i'm not ron View all posts by suskind