[3i62] [RUSK DECISION]
Head Quarters Victoria July 21, 1835 I have duly considered the Decision of the Court Martial in the cases of S. P: McFarlane, Daniel Benton and John Henry for desertion, and however painful! to me to approve a sentence which condemns to death any human being - my duty constrains me to approve the sentence of the Court Martial. It is therefore ordered that S. J. McFarlane, and John Henry be shot publicly, in the presence of the army on the first day of August next. lt is further ordered that Daniel Benton do wear a BalJ and Chain for and during the term of Three Months, according to the decision of the Court Martial To Seargeant McFarlane & Private Henry - Gentlemen: lt is painful to me to sit in Judgement upon the lives of my fellow beings and l would willingly have avoided it by your own conduct has imposed upon me the painful necessity of so doing you have in violation of the Laws deserted your Post in Lhe hour of danger and in the face of the enemy for your crimes you have had a fair and impartial trial before a court martial of Intelligent and upright officers they have given you a patient hearing and have determined that you should die You Seargeant McFarlane & Private Henry are therefore each of you sentenced lo be shot to death in the presence of the army on the first day of August next and may God have mercy upon your Souls. T. J. Rusk
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