Benjamin Piatt Runkle - Court-martial

Court-martial

The court-martial, found Runkle guilty of violating the Act of Congress approved March 2, 1863, c. 67, ยง 1 and conduct unbecoming an officer and gentleman. He was sentenced to imprisonment, fine, and dismissal from the army, which he was then serving on the retired list, and drawing retired pay. Under the law at that time, any court martial sentence involving an officer's dismissal in a time of peace had to be confirmed by the President. The Secretary of War, W. W. Belknap, reviewed the proceedings and issued an 1873 order approving Runkle's conviction, but in consideration of his war service and wounds, granted executive clemency in the name of the President by eliminating the fine and prison term. The portion of his conviction dismissing him from the army, however, remained in effect. Nowhere in this order was there an indication that this conviction was confirmed by the President himself. On the same day that he was cashiered, Runkle petitioned President Ulysses S. Grant, complaining that his sentence had not been confirmed by the President. This petition, was referred by Grant to the Judge Advocate General for review. President Grant did nothing further in the matter, and it remained open when President Rutherford B. Hayes came into office. Hayes then took it up as unfinished business and entered an order of disapproval, revoking the 1873 order dismissing Runkle.

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