ft -J zz£cJ 
 
MESSAGE OF THE PRESIDENT. 
 
 Richmond, Va., Feb. 3, 1863. 
 To the House of Representatives : 
 
 I herewith transmit for your information a communication from the 
 Secretary of War, in response to your resolution of the 27th ult. 
 
 JEFFERSON DAVIS. 
 
 COMMUNICATION' FROM SECRETARY OF WAR. 
 
 C. S. A., War Department, ) 
 
 Richmond, Va., Feb. 2, 1863. \ 
 
 His Excellency, the President: 
 
 Sir : I have the honor to enclose the report of the Adjutant and 
 Inspector General, in response to a resolution of the House of Rep- 
 resentatives, passed on the 27 th ult. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 JAMES A. SEDDON, 
 
 Secretary of War. 
 
RESOLUTIONS. 
 
 Clerk's Office.. House ov Representatives,) 
 January 27th, 1863. J 
 
 lion. Jas. A. Seddoh, 
 
 Secretary of War : 
 
 Sir: I am instructed to inform you that the House of Represen- 
 tatives have adopted a resolution, of which the following is a copy: 
 
 "Resolved, That the Secretary of War be requested to furnish 
 Congress with copies of the findings of the general court martial, 
 held at headquarters, Richmond, for the month of January, in the 
 cases of persons charged with desertion and absent without leave. 
 
 " Resolved farther, That he he requested to state under which of 
 the rules and regulations for the government of the army of the Con- 
 federate States, private L. B. Seymour, Co. E, 50th North Carolina, 
 was sentenced for desertion, to receive thirty- nine lashes on his bare 
 back, every three months, for the period of the war, to be branded in 
 the left hand with the letter D, and to be put to hard labor in Rich- 
 mond, with ball and chain, for the balance of the war." 
 
 I have the honor to be, 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 RO. E. DIXON, 
 Clerk 11. of R. 
 
'TVf^ 
 
 REPORT OF THE ADJUTANT AND INSPECTOR GENERAL 
 
 Adj't and Ins. General's Office, ) 
 Richmond, Jan. 51, 18G3. ] 
 
 To the Hon. J. A. Seddon, Secretary of War : 
 
 Sir: In compliance with the resolutions of the House of Repre- 
 sentatives of the 27th inst., and referred by jou to this office, I have 
 the honor to make the following report : 
 
 The first resolution calls for "copies of findings of the general 
 court martial held at headquarters, Richmond, for the month of Jan- 
 uary, in the cases of persons charged with d sertion and absence with- 
 out leave." 
 
 The enclosed copies of printed orders contain all the cases covered 
 by the above resolution which have, thus far, been returned to this 
 ofnee, as required by the Articles of War. In the " General Order," 
 No. 3, case third, will be found the case of private Seimttir, specially 
 referred to in the second resolution. 
 
 With regard. to the second resolution, inquiring "under which rf 
 the rules and regulations for the government of the army of the Con- 
 federate States, private X. B. Seymmr, Co. E, 50th N. Carolina, was 
 sentenced for desertion to receive 39 lashes on his bare hack, every 
 three months, for the period of the war; to be branded in the left 
 hand with the letter ' D,' and to be put to hard labor in Richmond, 
 with ball and chain for the balance of the war," I would state : First. 
 The punishment by flogging has long been practiced in the army of 
 the United States. By act of U. S. Congress, April ID, 1806, estab- 
 lishing "rules and articles of war," for that armv.it is declared 
 (Art. 87.) that not more than 5(1 lashes shall be inflicted ; and the 
 punishment is limited to the crime of desertion. 
 
 By act of the same Congress, April 16, 1812, the punishment cf 
 flo gg in g *as abolished; but re-established by act of March 2, 1833, 
 for the crime of desertion. 
 
 It thus appears that flogging and desertion was a mode of punish- 
 ment sanctioned by the custom of the service and the laws of the U. 
 States, up to the time of the formation of the Government of the 
 Confederate States. 
 
 By a law of the Confederate Congress, passed February 9, 186>, 
 all laws of the U. States in force November 1, I860, not inconsistent 
 with the Confederate Constitution, are " continued till otherwise or- 
 dered." And by the act of March 6, 1861, section 29, the rules and 
 articles of war of the U. States are, with very slight changes, adopted 
 
for the Confederate States. These articles, thus modified, do not re- 
 fer to the subject of flogging in terms but they expressly allow the 
 infliction of corporeal punishment, and do not repeal or ** otherwise 
 
 order" the law of Feb. !'. 1861, adopting the I". S. l::v. . Hence it 
 ppeara that punishment by Btripea is at present sanctioned by 
 the laws of this Confed racy. 
 
 It may he proper here to observe, that while T am not aware of any 
 Ian having been passed in the {'. Sta'l b abolishing the punishment by 
 yet in the enumeration of "legal punishment for soldiers" in 
 egulation? adopted in 1861 for the army of the U. States, this 
 punishment is not referred to. The omission was no dou\)t made for 
 the benefit of the volunteer service now organised — an example, 
 vrhieh 1 am of opinion, might very well he followed to that extent at 
 by our Government. For without determining between the*ar- 
 guments pro ami cow upon the general question, it may safely he 
 affirmed that in an army of volunteers, composed of Southern sol- 
 diers, and in a country where punishment by stripes is perhaps sel- 
 dom, if ever inflicted on white citizens by the judgment of the civil 
 tribunals, such a punishment is naturally regarded as degrading, and 
 had letter be suspended at least during the existence of our present 
 military organization. 
 
 Second. With regard to the next inquiry of the second resolution, 
 I have to state, that the punishment by branding has long been dis- 
 continued in the U. S. army, and substituted by marking with indeli- 
 ble ink on some usually unexposed portion of the body ; and chiefly 
 in the case of deserters, who are thus marked with the letter Don the 
 right hip, fur the purpose of preventing their re-enlistment; as be- 
 fore they enter the service, they are usually stripped and examined 
 by medical officers to determine their fitness therefor. This mode of 
 punishment, and that of the hall and chain. with hard labor, are in- 
 flicted in conformity with the custom of the service and the regula- 
 tions of the army. They are of long standing — and like the punish- 
 ment by flogging are justified by the necessity for discipline in all 
 armies, and the impossibility of securing it, except by allowing to 
 courts martial a degree of discretion in the correction of offenders, 
 nlilitary writers state the punishments usually inflicted on soldiers to 
 be "confinement, Hogging, forfeiture of pay and allowances, marking 
 by letter on the hip, reprimands, and drumming out of the service." 
 Hhe regulations of the Confederate States army, paragraph No. 873,. 
 states the practice of cur own army od this subject. 
 
 By the Constitution, " cruel and unusual punishments" are pro- 
 hibited. Any court martial violating this injunction would be liable 
 to reprimand from the reviewing officer, by whom the sentence of the 
 court in such instances is usually mitigated or remitted, as the evi- 
 dence requires. Sometimes severe, and'cven "cruel" punishments are 
 prmnu.c-d against incorrigable offenders, as it may be said in terro- 
 rum, and with a view to deter others, as well as the guilty party, from 
 the commission and repetition of the offence, yet with the expectation 
 an tbe part of the court that the reviewing power will interpose before 
 the sentence can be executed. 
 
In conclusion, I submit herewith a statement of the various acts o'f 
 Congress of the IT. States relating to the subject of punishment by 
 stripes or lashes. 
 
 I am, very respectfully, 
 
 Your obedient servant. 
 
 S. COOPER, 
 Adj't and Ins. Gen. 
 
STA TEMJEtST showing the several Acts of Congress of the U States 
 Cn the subject oj Corporeal Punishment in the Army by stripes and 
 
 las 1 . 
 
 The act of Congress of Sept. 2'Uh, 177G, prescribing rules and ar- 
 ticles for the armies of the United States, provides in section 18, 
 article 3, that no person shall be sentenced to suffer death " exeept in 
 the cases expressly mentioned in the foregoing articles; nor shall 
 
 more than one hundred lashes he inflicted on any offender, at the dis- 
 cretion of a court martial " 
 
 The act of Congress of May 3 1st, 1 786, for the further establish- 
 ment of the rules and articles of war for the government of the armies 
 of trie U. States, contains the same article as above quoted. 
 
 The act of Congress of April 16th, 1806j for establishing rules and 
 articleS'for the government of the armies of the U. States, provides 
 in article 87, that i; no person shall he sentenced to suffer. death, hut 
 by the concurrence of two-thirds of the members of a general court 
 martial, nor except in the cases herein expressly mentioned, nor shall 
 more than fifty lashes he inflicted on any offender, at the discretion of 
 a court martial ; and no officer, nor commissioned officer, soldier, or 
 follower of the finny, shall be tried a second time for the same, 
 offence.'' 
 
 The act of May 16, 1862, section 7, "provides that so much of 
 the act for establishing rules and articles for the government of the 
 army of the U. States, as authorizes the infliction of corporeal pun- 
 ishment by stripes or lashes, be and the same is hereby repealed," and 
 the act of March 2d, 1833, section 7, provides " that the 7th sec- 
 tion of the act, entitled an act making further provision for the army 
 of the United States, passed on the 16th of May, 1812, be and tho 
 ■ame is hereby repealed, so far as it applies to any enlisted soldier, 
 who shall be convicted by a general court martial of the crime of 
 desertion." 
 
 From the foregoing acts, it will appear that so much of the rules 
 and articles of 18 '6 as authorizes the iufliction of corporeal punish- 
 ment by stripe3 or lashes, was repealed by the act of 16th May, U-il2 v 
 above quoted; and that by the act of March 2d, 1833, the repealing 
 act was repealed, so far as it applied to the crime of desertion, which 
 of course revived the punishment by lashe3 for that offence. 
 
HEADQUARTERS, RICHMOND, 
 13th January, 1S63. 
 
 General Orders, 
 No. 3. 
 
 I. At a, General Court Martial, convened and held by virtue of 
 General Older No. 5, of Oct. 8, 18G2, from these Headquarters, at 
 the Headquarters of Brig. General Junius Daniel, were arraigned and 
 tried the following : (The specifications being minute and long are 
 omitted :) 
 
 Case 1. Private Jeremiah E. Moore, Co. "I," 45th N. C. troops. 
 Charge — Absence without leave. 
 
 SENTENCE, 
 
 To be sent back to his Regiment and put to hard labor for one 
 month ; and the court is thus lenient on account of his age and the 
 attendant circumstances of the case. 
 
 Case 2. Private Win. F. Jordan, Co. " n," 43dRegt. N. C. troops. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, CJuilty. 
 
 Of the charge, Guilty. 
 
 SENTENCE. 
 
 To receive thirty-nine lashes on his bare back, and to be branded in 
 the left hand with the letter D in the presence of the Brigade, and to 
 be put to hard labor on public works for three months, with ball and 
 chain weighing 12 lbs. attached to left leg. 
 
 Case 3. Private L B. Seymour, Co. "E," 50th N. C. T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, Guilty. 
 
 SENTENCE. 
 
 To receive thirty- nine lashes on his bare back, every three months, 
 for the period of the war, to be branded in the left hand with the let- 
 ter D, and to be put to hard labor in Richmond, with ball and chain, 
 weighing 12 lbs., attached to left leg, for the balance of the war. 
 
 Case 4. Private Andrew Miller, Co. " F," 32d N. C T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Not Guilty. 
 
 Of the charge, Not Guilty. 
 
 And the accused is therefore acquitted. 
 Case 5. Privtte George Sams, Co. " F," 45th N. C. T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification Guilty. 
 
 Of the charge, — Not guilty of desertion, but guilty of absence 
 without leave. 
 
* 8 
 
 SENTENCE. 
 
 To hard labor -with ball and chain, or block and chain, weighing 
 12 lb?., every alternate ten days, for sixty days, to be in solitary con- 
 finement in the intervals, and to forfeit two months pay. 
 
 Case G. Private James Hill, Co. " A," 45th N. 0. T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, — Not guilty of desertion, but guilty of absence 
 
 ■without leave. 
 
 SENTENCE. 
 
 To twenty-five days hard labor with ball and chain, or block and 
 chain, weighing 12 lbs., attached to left leg, and seven days solitary 
 confinement on bread and water. 
 
 Case 7. Private John Warwick, Co. " B," 43d N. C. T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, (iuilty. 
 
 Of the charge, (.iuilty. 
 
 SENTENCE. 
 
 To receive thirty-nine lashes on his bare back, in presence of the bri- 
 gade to tfhich he belongs, and that he then be seat to Richmond and 
 put to his trade, shoemaking, for the balance of the war, wes ring ;it the 
 same time a ball and chain, weighing 12 lbs., attached to the left leg ; 
 and the court is thus lenient on account of his a^e and extenuating 
 circumstances. 
 
 Case 8. Private Lorenzo D. Williams, Co. " F," 45th N. C. T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, — Not guilty of desertion, but guilty of absence 
 without leave. 
 
 sentence. 
 To hard labor with ball and chain weighing 12 lbs., attached to left 
 leg, every alternate ten days, for sixty days, and to be in close con- 
 finement, the intervals. 
 
 Case 9. Private John S. Wilson, Co. " F," 45th N. C. T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, — Not guilty of desertion, but guilty of absence 
 without leave. 
 
 sentence. 
 From the evidence before the court doubting whether the prisoner 
 was of sound mind at the time, declines to award any punishment. 
 The court being convinced, from the evidence before it, that the pri- 
 soner is unfit for military service on account of occasional fits of rrjen- 
 tal derangement, do therefore recommend that he be discharged the 
 service. 
 
9 
 
 Case 10. David Holly, Co. " D," 50th Nv C. T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, Guilty. 
 
 SENTENCE. 
 
 To receive fifty lames on hi* bare back, and be branded in the left 
 hand with the letter D, in presence of the brigade to which he be- 
 longs ; and to be in close confinement for thirty days, the first and 
 last ten days on bread and water ; and the court declares that it is 
 more lenient than it otherwise would be on account of the lax disci- 
 pline at Camp Manguxn, at the time of -he desertion of the accused. 
 
 Case 1 I. Private Bryant Knott. Co. " D," 45th N. C. T. 
 Charge — Absence without leave. 
 
 SENTENCE. 
 
 To forfeit all pay now due him, and to be in close confinement for 
 thirty days, the first and last ten on bread and water; and the court 
 is thus lenient on account of the inability of the prisoner to bear 
 heavier punishment. 
 
 Case 12. Private George W, Nelson, Co. "D." 45th N. C. T. 
 Charge — Absence without leave. 
 
 SENTENCE. 
 
 To thirty days close confinement, the first and last and ten days on 
 bread and water. 
 
 Case 13. Private Milton Fulp, Co. " B," 45th N. C. T. 
 Charge — Absence without leave. 
 
 SENTENCE. 
 
 To fourteen days solitary confinement, on bread and water, to be 
 bucked at the beginning of each week of this time in presence of his 
 regiment, on dress parade. 
 
 Case 11. Private John W. Earlcs, Co. " G," 50th N. C. T. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, Guilty. 
 
 SENTENCE. 
 
 To receive twenty lashes on his bare back, to be branded in the left 
 hand with the letter " D," and to be in solitary confinement on bread 
 and water for fourteen days. 
 
 Case 15. Lieut. John Davis, 32d N. C. T. 
 Charge 1st — Disobedience of orders. 
 
 Charge 2d — Conduct prejudicial to good order and military dis- 
 cipline. 
 
 FINDING. 
 
 Of specification of 1st charge, Not Guilty. 
 
 Of 1st charge. Not Guilty. 
 
 Of 1st specification of 2d charge, Not Guilty. 
 
 Of 2d specification of 2d charge, Not Guilty. 
 
 Of 3d specification of 2d charge, Guilty. 
 
 Of 2d charge, Guilty. 
 
10 
 
 SENTENi 
 
 To lie reprimanded by his Colonel in the presence of the officers of 
 the regiment to which he belongs. 
 
 -e 1G. Private Win. Walters. Co. " Gr, M 50th N. C. T. 
 Charge — Absence without leave. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, Guilty. 
 
 BENTENI I.. 
 
 To hard labor for six months with ball and chain, weighing twelve 
 pound-, attached to his left leg, and to be bucked every Sunday during 
 this time in presence of the regiment, either at inspection or dress 
 parade. 
 
 Case 17. Private Berry B. Hardin, Co. " I," 50th N. C. Troops. 
 CHARGE — Absence without leave. 
 
 SI'.NTENCE. 
 
 To fourteen days solitary confinement on bread and water. 
 
 Case l,s._ Private Jasper Thomas, Co. " F," 50th N. C. Troops. 
 Cn vkge — Desertion. 
 
 m FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, Guilty. 
 
 SENTENCE. 
 
 To receive thirty-nine lashes on his bareback, to be branded in the 
 left hand-with the letter 1), and to be put to hard labor for six months, 
 on government -work, with ball and chain weighing twelve pounds, 
 attached to his left leg. 
 
 Case 10. Private George II. Montford, of Capt. Win. I. Dabncy's 
 Heavy Field Artillery. 
 
 Charge 1st — Absence without leave. 
 
 Charge 2d — Conduct prejudicial to good order and military dis- 
 cipline. 
 
 FINDING. 
 
 Of the specification of the 2d charge, Not Guilty. 
 
 Of the 2d charge, Not Guilty. 
 
 The court being of opinion that the accused has suffered sufficient 
 punishment already, declines awarding any punishment on the 1st 
 char 
 
 Case 20. Lieut. Jesse L. Ferguson, 32d N. C. Troops. 
 Charge 1st — Disobedience of orders. 
 
 Charge 2d — Conduct prejudicial to good order and military dis- 
 cipline. 
 
 FINDING. 
 
 Of specification of 1st charge, Not Guilty. 
 
 Of 1st charge, Not Guilty. 
 
 Of 1st specification of 2d charge, Guilty, so far as taking 
 Birdsong to go to Halfway Station. 
 
 Of 2d specification of 2d charge, Guilty of inciting Bird- 
 song and Griffin to Halfway Station, 
 
 Of 3d specification of 2d charge, * Guilty. 
 
11 
 
 Of 4th specification of 2d charge, Not Guilty. 
 
 Of 2d charge, Guilty. 
 
 SENTENCE. 
 
 To be suspended from command and pay for one month. 
 
 II. The proceedings, findings and sentences in the cases of Privates 
 Andrew Miller, Co. " F," 32d Regt. N. C. Troops, and John S. Wil- 
 son, Co. " F," 45th Regt. N. C. Troops, are approved. The prisoners 
 will be released and returned to duty. 
 
 The proceedings and sentences in the cases of Privates Jeremiah 
 E. Moore, Co. " I," Bryant Knott and George W. Nelson, of Co. 
 "D," and Milton Fulp, of Co. " B," 15th Regt. N. C. Troops, P. 
 Harding. Co. " I," 50th Regiment North Carolina Troops, and Geo. 
 II. Montford, of Capt. W. I. Dabaey's Heavy Field Artillery, are dis- 
 approved, because of the courts making no finding, and of the intro- 
 duction of evidence on the part of the prosecution upon the plea of 
 guilty. The prisoners will be released and returned to duty. 
 
 The proceedings, findings and sentences In the cases of Lieut. John 
 Davis and Jesse L. Ferguson, 32d N. C. Troops, and Private Win. 
 Watters, Co. " G," 50th N. C. Troops, are disapproved, because tho 
 officer preferring the charges was a member of the court sitting on 
 the trial, They will be released and return to duly. 
 
 The proceedings, findings and sentences in the cases of Privates 
 Wm. T. Jordan, Co. '-H," and John Warwick, Co. «»B/' 43d Regt. 
 N. C. Troops, L. B. Seymour, Co. " E," John W. Farles, Co. " G," 
 David Holly, Co. " D," and Jasper Thomas, Co. " F," 5'Uh Regt. N. 
 C. Troops, George Sams and Lorenzo D. Williams, of Co. " F," and 
 James Jfill, of Co. " A," 45th Regt. N. C. Troops, are approved. 
 The sentences will be duly executed. 
 
 By command of Maj. Gen. G. W. Smith. 
 
 SAMUEL W. MELTON, 
 
 Major Sf A. A. General. 
 
 HEADQUARTERS, RICHMOND, 
 16th January, 1863. 
 General Orders, > 
 No. 5. ] 
 
 I. Further proceeding of the General Court Martial convened at 
 Richmond, by virtue of General Orders, No. 7, October 1 1th. 1862, 
 from these Headquarters, in continuation of General Orders, No. 19, 
 of 1862, were arraigned and tried, the following — (The specifications 
 being minute and long are omitted). 
 
 Case 2. Private Isaac Hall, Co. " C," 18th Va. Battalion Heavy 
 Artillery. 
 
 Charge — Disobedience of orders. 
 
 FINDING AND SENTENCE. 
 
 The court confirms the pica of guilty, but in consideration of the 
 
12 
 
 evidence, (no intention to violate orders having appeared,) and his 
 prcvi iving been established, the court doth ad- 
 judge that t!. 1. private Isaac Hall, go without punishment. 
 
 Case 3. Private Willi's Brown, Co. -A,'* 18th Battalion Va. Heavy 
 Artillery. 
 
 Cnuui:. — < prejudicial to good order and military dis- 
 cipline. 
 
 FINDING. 
 
 < >f the specification, Guilt y. 
 
 Of the charge, Guilty. 
 
 . i ;/.( E. 
 three months 1 hard labor, and forfeiture of three months' pay. 
 
 rgeanl Andrew II. Thompson, Co. "C; M ISth Battalion 
 Va. 1 le.ivy Artillery. 
 
 ( 'ii lrge 1 ST — 1 h-unkcnriess. 
 
 Charge 2jd — Conduct prejudicial to good order and military 
 discipline. 
 
 FINDING AND SENTENCE. 
 
 The court confirms the pleas of guilty, and sentences the accused to 
 be reduced to the ranks and to forfeit one months' pay. 
 
 Case 5. Private Jeremiah Farrisee* Co. "A," lUth Battalion Ya. 
 Heavy Artillery. 
 
 Cu iRGE — Desertion. 
 
 FINDING. 
 
 Not Guilty of desertion, but guilty of absence without leave. 
 
 SENTENCE 
 
 To forfeiture of three months' pay. 
 
 Case 6. George W. Sturgeon, Co. "D, ,? 19th Bat. Va. Heavy Art. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, — Guility, so far as the fact that after en- 
 listed as a substitute, he was absent from his company without leave, 
 from the 31st day of August. 18G2, to the 3d day of September, 1868. 
 Of the charge, — Not guilty, butguilty of absence without leave. 
 
 SENTENCE. 
 The court in consideration of the fact that the prisoner has been 
 kept in close confinement for nearly two months, and the further fact 
 of his former good behavior and his present bad health, award no 
 punishment. 
 
 Case 7. Private John T. Hill, " Montgomery True Blues," Light 
 Artillery. 
 
 Charge. — Absence without leave. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, Guilty. 
 
 SKNTFNCK. 
 
 To hard labor for one month, and forfeiture of two months' pay. 
 Case 8. Private Stephen B. Thayer, Co. " B," 13th Battalion Va. 
 Heavy Artillery. 
 
13 
 
 Charge — Conduct prejudicial to good order and military dis- 
 cipline. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge, Guilty. 
 
 SENTENCE. 
 
 To one months' hard labor, and four months' forfeiture of pay. 
 Case 9. Private Stephen B. Thayer, Co. " B," 18th Battalion Va. 
 Heavy Artillery. 
 
 Ch\kge — Neglect of duty. v 
 
 FINDING. 
 
 Of specification 1st, Not Guilty. 
 
 Of specification 2d, Not Guilty. 
 
 Of the charge, • Not Guilty. 
 
 And the court do, therefore, acquit the accused. 
 
 Case 10. Lieut. R. II. Bayliss, " Alexandria Light Artillery." 
 Charge — Disobedience of orders. 
 
 FINDING vM) SKNTENCE. 
 
 The court confirms the plea of guilty, and sentences the accuse to 
 be cashiered. 
 
 Case II. Private Albert Drcyspring, " Montgomery True Blues,' 
 Light Artillery: 
 
 Charge 1st — Violation of the 5th Article of War. 
 Charge 2d — Violation of the 6th Article of War. 
 Charge 3d — Violation of several Articles of War. 
 Charge 4th — Violation of the 9th Article of War. 
 
 FINDING. 
 
 Of specification of 1st charge, Guilty. 
 
 Of 1st charge, Guilty. 
 
 Of specification of 2d charge, Guilty. 
 
 Of 2d charge, Guilty. 
 
 Of specification of 3d charge, Guilty. 
 
 Of 3d charge, Guilty. 
 
 Of specification of 4th charge, — Guilty, With the exception of 
 the words " raise a club against his commanding officer." 
 
 Of -1th charge, Guilty. 
 
 SENTENCE. 
 
 To hard labor with ball and chain for twelve months, to forfeiture of 
 all pay during that period, and to be confined when not at work. 
 
 As the previous good conduct of the accused has been established 
 by evidence, and it is not shown in evidence that the misconduct of 
 the accused was premeditated, and as a portion of the remarks of the 
 accused were made (while the accused was drunk,) under serious provo- 
 cation from an enlisted man of the company, whose conduct, in the 
 opinion of the court, was very reprehensible and eminently deserving 
 of punishment ; the court is thus lenient in sentencing the accused. 
 
 Case 12. Private John Lambert, Co. " B," 20th Battalion Virginia 
 Heavy xVrtillery. 
 
 Charge — Sleeping on post. 
 
14 
 
 FINDING, 
 
 Of the specification, Ghiilty. 
 
 Of the charge, Guilty. 
 
 SENTKNC I'.. 
 
 To three months' hard labor, and forfeiture of pay for that period. 
 Case IS. Private Samuel Tucker, Co. " B," SOth V. Heavy Art. 
 Ch irge — Sleeping on p< 
 
 rtNDING. 
 Of the specification, . Guilty. 
 
 Of the charj Guilty. 
 
 -I NTENCB. 
 
 To six months' hard labor, and forfeiture of pay daring that period. 
 Case i ! Capt. T. M. Browne, id Florida Regiment. 
 
 Charge 1st — l>i- ce of orders. 
 
 FINDING. 
 
 Of specification 1st. Not Guilty. 
 
 Of specification '2nd, Not Guilty. 
 
 Cf the .harp-, Not Guilty. 
 
 And the accused was therefore acquitted. 
 Case 15. Private J. M. Babaiot, Co. " G," 5th La. Rcgt. 
 Co vkc;;: — Desertion. 
 
 FINDING. 
 
 Of the specification, Not Guilty. 
 
 Of the char Not Guilty. 
 
 And the accused was therefore acquitted. 
 
 Case 16. Private John l'atterson, Co. " B," 18th Battalion Va. 
 Heavy Artillery. 
 
 Charge — Conduct prejudicial to good order and military dis- 
 cipline. 
 
 FINDING. 
 
 Of specification 1st. , Guilty. 
 
 Of specification 2nd, Guilty. 
 
 Of chai Guilty. 
 
 SENTENCE. 
 
 To six months' hard labor, and forfeiture of pay for the same period. 
 ut. G. B. Thompson, 1st Texas Regiment. 
 Charge 1st — Disobedience of orders. 
 Oh '!;<;(. 2nd — Conduct unbecoming an officer and a gentleman. 
 
 FINDING. 
 
 Of Specification of lstehargc, Not Guilty. 
 
 Of 1st charge, Not Gfuilty. 
 
 Of si ecification of 2nd charge, Not Guilty. 
 
 Of 2nd charge, Not Guilty. 
 
 And the accused was therefore acquitted. 
 
 Case IS. Private T. J. Vaughan, Co. " D," 10th Battalion Virginia 
 Heavy Artillery. 
 
 K<.i — Desertion. 
 
 FINDING. 
 
 Of the specification, — Guilty of so much as implies absence 
 without leave from 28th of August to 2nd Sept., 18G2. 
 
15 
 
 Of charge, — Not guilty of desertion, but guilty of absence 
 without leave. 
 
 SENTENCE. 
 
 While the court find the accused guilty of the offence in a less de- 
 gree than charged, yet as it appears from evidence introduced by the 
 accused, late in the course of his trial, that he had been pardoned by 
 the order of the Secretary of War, (which, fact did not appear in his 
 plea,) the court awards no punishment to the accused. 
 
 Case 19. Private Jas. Hosborough, Co. " D," 10th Battalion Vir- 
 ginia Heavy Artillery. 
 
 Charge — Desertion. 
 
 FINDING. 
 
 The court confirmed the plea of the accused, (general pardon by 
 the Secretary of War,) and determined to arrest proceedings without 
 awarding judgment. 
 
 Case 20. Private N. M. Emory, Co. " E," 10th Batalion Virginia 
 Heavy Artillery. 
 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, — Guilty of as much as . implies absence 
 without leave. 
 
 Of charge, — Not guilty of desertion, but guilty of absence with- 
 out leave. 
 
 SENTENCE. ' 
 
 To six months* hard labor and six months' forfeiture of pay. 
 Case 21. Private E. T. Williams, Co. «'B," 10th Battalion Vir- 
 ginia Heavy Artillery. 
 
 Charge — Desertion. 
 
 FINDING. 
 
 Of specification, — Guilty of as much as implies absence without 
 leave. 
 Of charge, — Not guilty of desertion, but guilty of absence with- 
 out leave. 
 
 SENTENCE. 
 
 To six months' hard labor and six months' forfeiture of pay. 
 Case 22. Private John Shchen, Co. " L," 46th Regt. Va. Vols. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of specification, — Guilty of as much as implies absence without 
 leave. 
 
 Of charge, — Not guilty of desertion, but guilty of absence with- 
 out leave. 
 
 SENTENCE. 
 
 To three months' hard labor and three months' forfeiture of pay. 
 Case 23. Private Robert Hight, Co. " D," ISth Battalion Virginia 
 Heavy Artillery. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
16 
 
 Of tlie charge, — Not guilty of desertion, but guilty of absence 
 without leave. 
 
 SENTENCE. 
 
 To hx months' hard labor and six months' forfeiture of pay. 
 Case 2 1 Private George Steele, Co. " L," 59th Regt. Va. Vols. 
 » i! • rge — Desertion. 
 
 FINDING. 
 
 < >f the specification, Guilty. 
 
 ( >f the charge, Guilty, 
 
 SENTENCE. 
 
 To forfeiture of pay proper during the war. fifty lashes laid on the 
 bare back, at a time and place specified by the Commanding General, 
 
 and -ix months" hard labor witli ball and chain. 
 
 Caae lb. Private T. N. Johnson, Co. " D," 20th Battalion Virginia 
 
 Heavy Artillery. 
 
 < 'n kge — Desertion. 
 
 FINDING. 
 
 Of the specification, — Guilty of as much as implies absence with- 
 out leave. 
 01 the charge, — Not guilty of desertion, but guilty of absence 
 without leave. 
 
 SENTENCE. 
 To six months' hard labor, and six months' forfeiture of pay. 
 Case 26. Private Richard Williams, Co. "D," 18th J3ut. Va. Heavy 
 Artillery. 
 
 Cii\Rge — Sleeping on post. 
 
 FINDING AND SENTENCE. 
 
 The court confirm the plea of guilty, and sentence the accused to 
 six months hard labor and six months' forfeiture of pay. 
 
 Case 27. Private II. J. Townsend, Co. " E," 10th Batt. Va. Heavy 
 
 Artillery. 
 
 Ch viu.'K 1st — Absence without leave. 
 Charge 2d — Desertion. 
 
 FINDING. 
 
 The court confirm the plea of guilty to the 1st charge and specifi- 
 cation of 1st charge, and find as follows : 
 
 Of specification of 2d charge, Guilty. 
 
 Of 2d charge, Guilty. 
 
 SENTENCE. 
 
 The ac -used to forfeiture of pay proper during the war, twenty-five 
 lashes laid on the bare back, at a time and place specified by the Com- 
 manding Gemeral, and six months' hard labor with ball and chain. 
 
 Case 28. Private John Mclntyre, Co. "E," 19th Batt. Va. Heavy 
 Artillery. 
 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty of so much as implies absence 
 
 without leave, 
 Of the charge, Not guilty of desertion, but guilty of 
 
 absence without leave. 
 
17 
 
 SENTENCE. 
 
 To forfeiture of one months' pay, and to one month of hard labor. 
 The court is thus lenient in sentencing the accused, as he has been 
 in confinement with ball and chain for a period of about three weeks, 
 as developed in the evidence. 
 
 Case 29. Private C. H, Palmer, Co. " C," 19th Batt. Va. Heavy 
 Artillery. 
 
 Charge — Conduct prejudicial to good order and military disci- 
 pline. 
 
 FINDING. 
 
 Of specification [st, Guilty. 
 
 Of specification 2d. Guilty. 
 
 Of the charge, Guilty. 
 
 • hNTENCE. 
 
 To forfeiture of pay for twelve months, to close confinement for 
 twenty-eight days, in two periods of fourteen days each, with an 
 interval of fourteen d 1 to five months' hard labor. 
 
 Case SO. Private John W. Roberts, Co. " C," 19th Batt. Va. Heavy 
 Artillery. 
 
 Charge — Conduct prejudicial to good order and military disci- 
 pline. 
 
 FINDING. 
 
 Of the specification, Not Guilty. 
 
 Of the charge, Not Guilty. 
 
 And the court do therefore acquit the accused. 
 Case 31. Private John F. Roberts. Co. " C," 19th Batt. Va. Heavi 
 Artillery. 
 
 Charge — Violation of the 38th Article of War. 
 
 FINDING. 
 
 Of the specification. Guilty. 
 
 Of the charge. Guilty. 
 
 NTENCE. 
 
 To forfeiture of one-half his weekly pay for six weeks, and to one 
 month of hard labor. 
 
 Case 32. Private P. M. McLaughlin, 10th La. Regt. 
 Charge — Desertion. 
 
 FINDING. 
 
 Of the specification, Guilty. 
 
 Of the charge — "Not guilty of desertion, but guilty of absence with- 
 out leave. 
 
 SE TENCE. 
 
 To three months' hard labor and three months 1 forfeiture of pay. 
 Case 33. Private Dan Kennedy, Co. "C," 10th Bat. Va. Heavy 
 Art. 
 
 Charge 1st. — Desertion. 
 
 Charge 2nd. — Conduct prejudicial to good order and military 
 discipline. 
 
 FINDING. 
 
 The court confirm the plea of guilty to the specification of 1st 
 charge, and find as follows : 
 2 
 
18 
 
 < )f 1st charge, Guilty. 
 
 ipecification of 2d charge. Guilty. 
 
 Of 2d charge, Guilty. 
 
 s II NCK. 
 
 To be -' ath by musketry, at a time an i pit specified 
 
 by the Commanding General. 
 
 Case 34. Capt. 1'. M. Browne, 2nd Florida Regimi 
 
 Charge 1st. — Conduct unbcco uing an officer and gentleman. 
 
 Charge 2nd — Conduct prejudicial to good order and military 
 
 FINDING. 
 
 • l »n of 1st charge, Guilty. 
 
 1st chai Guilty. 
 
 ition of 2nd char. Guilty. 
 
 < it £nd charge, ilty. 
 
 SENTENCE. 
 
 To be dismissed from the service of th 
 
 II. The proceedings and findings in the pt. T. M. Browne, 
 
 2nd Flu- , Lieut. G. B. Thorn] 
 
 ■ :; - and Stephen B. . . Bat. 
 
 Va. 1 ery, George W. 
 
 9thBg&. Va. I! ery, J. T. Vaughan and 
 
 o. "D," 10th Bat. Va. Heavy Arl :id J. 
 
 M t, Co. *-G," 5th La, Regt.-, are approved. The officers will 
 
 be rej from arrest and the privates released and. returned to 
 
 duty. 
 
 lings, finding and sentence in the case of private Willis 
 Brown. Co. "A," 18th Bat. Va. Heavy Artillery, are disapproved. 
 The evidenca though exciting a grave suspicion, does not sustain the 
 e. The p'.isoner will be released and returned to duty, 
 proceedings, finding and sentence in the case of private Stephen 
 B. Thayer, C 18th Bat. Va. Artillery, are disapproved; the 
 
 officer pi a member of the court, ai 
 
 on the trial of the case. 'nor will be released and returned 
 
 to duty. 
 
 The . in the case of Lieut 11. 11. Bayliss, ••Alexandria 
 
 Ligh; are disapproved; proceedings having been had on 
 
 the trial in the absence of the accused, at which he had the right to 
 be present. Lieut. Bayl ss will be released from arrest and returned 
 to duty 
 
 The proceedings, finding and sentence in the case of private Albert 
 Drey spring, '"Montgomery True Blues," Light artillery, are disap- 
 proved. The charge of meeting is not sustained by the evidence. 
 The punishment imposec is for all the offences of which the accused is 
 found guilty. It is impossible to ascertain what portion of the pun- 
 ishment is awarded to particular offences; and, however, much it is to 
 be regretted that the prisoner should escape punishment for the very 
 serious offences of which he is clearly guilty ; he must be released 
 and returned to duty. 
 
 The proceedings, finding and sentence in the case of Scrgt. An- 
 
19 
 
 drew II. Thompson, Co. "C," 18th Bat. Va. Heavy Artillery, are 
 approved. The sentence will be duly executed. 
 
 The offences to which the accused has pleaded guilty, and for which 
 he is thus punished, are venial conipaired with those committed by 
 the officers in keeping liquor in their tents, in violation of the express 
 orders of the Secretary of War. 
 
 It is not an excuse for him, that the liquor by which he was intoxi- 
 cated, was given to him by these officers, but their conduct deserves 
 grave censure. Proper discipline, upon which so much depends, can 
 only be preserved by officers setting example as well as seeking to 
 enforce it. 
 
 The proceedings, finding and sentence in the case of Capt. T. M. 
 Browne, 2nd Florida Regiment, are approved. Capt. T. M. Browne 
 ceases from this day, to be an officer in the Provisional Army of the 
 Confederate States. 
 
 The proceedings, finding and sentences in the cases of private Jere- 
 miah Farrisee, Co., "A," N. M. Emory andE. T. Williams, Co. "E," 
 10th Bat. Va. Heavy Artillery, John Lambert and Samuel Tucker, 
 Co. "B," and T. N. Johnson, Co. "D," 20th Bat, Va. Heavy Artil- 
 lery, John Patterson. Co. "B," Robert Hight and Richard Williams, 
 Co. "D," and C. H. Palmer, Co. "C," 1 8th Bat. Va. Heavy Artillery, 
 John Melntyre, Co. "E," and John F. Roberts, Co. "C," lf)th Bat. 
 Va, Heavy Artillery, John T. Hill, "Montgomery True Blues" Ar- 
 tillery, John Sheehan, Co. "L," 46th Regt. Va. Infantry, and 1\ M. 
 McLaughlin, 10th La. Regt., are approved. The sentence will be duly 
 executed. 
 
 The proceedings, finding and sentence in the case of private George 
 Steele, Co. "L," 59th Va, Infantry, are approved. The sentence will 
 be duly executed. ' The flogging will be inflicted in the presence of 
 his Regiment, at the promulgation of the sentence. The proceedings, 
 finding and sentence in the case of private H. T. Townsend, Co. "E," 
 10th Bat. Va. Heavy Artillery, are approved. The sentence will be 
 duly executed. The flogging will be inflicted in the presence of his 
 Battalion at the promulgation of the sentence. The proceedings, find- 
 ing and sentence in the case of private Dan Kennedy, Company "C," 
 10th Battalion Virginia Heavy Artillery, are approved. The sentence 
 will be duly executed at Battery No. 2, of the Richmond defences, 
 between the hours of 10 o'clock, A. M., and 1 o'clock, P. M., of the 
 30th day after the receipt of this order, by the Commanding officer of 
 his Battalion, Col. T. S. Rhett, commanding Richmond Defences, is 
 charged with the execution of this order. 
 
 By command of Maj. Genl. G. W. Smith. 
 
 SAMUEL W. MELTON, 
 
 Major fy A. A. General. 
 
Hollinger Corp. 
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