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GENERAL ORDERS

No. 13.

HEADQUARTERS, DEPARTMENT OF THE GULF
New Orleans, January 31, 1863.

I. Before a Military Commission, which convened at the city of New Orleans, pursuant to Special Order No. 408, of September 25, 1862, from these Headquarters, and of which Colonel WM. K. KIMBALL, 12th Maine Volunteers, is President, were arraigned and tried :

1. John Cosby, of New Orleans, on the following charges :

That said John Cosby has, within two years last passed, treasonably sworn to support the Government of the Confederate States, so called, now and for a long time passed, to wit: during two years last passed in open rebellion and war against said United States Government, and has lent his means and services to the support of the said rebellion and war, and in pursuance thereof, did treasonably, unlawfully and without right, on or about the 1st day of August, 1862, and on divers other days and times between that day and the date of this presentment, pass within and repass and convey outside of the lines of the army of the United States and said Department of the Gulf, at sundry and divers points, goods, medicines, provisions, letters and communications to the enemies of the United States, now and for a long period of time passed in open rebellion against the government and authority of said United States as aforesaid, and did thus and otherwise treasonably, unlawfully and without right, aid, abet and assist them, the said enemies and rebels, contrary to, and in violation of, the laws of said United States, thus preventing the progress and success of the military forces of the United States, and the re-establishment of the laws of the United States and the authority thereof, against the peace and dignity of said United States, the laws thereof and the laws martial.

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To which the accused pleaded-" Not Guilty."

After mature deliberation on the evidence adduced, the Court finds the accused Guilty" of the charges preferred against him.

And does therefore sentence him "to be confined at hard labor during the war, at such place and under such circumstances as the Major General Commanding said Department may direct; that the letters and correspondence found in his possession be destroyed; and that the two hundred and fifty ounces of quinine, which was seized and taken from him at the time of his arrest, be confiscated to the United States."

2. Private John Miller, 1st, of Company H, 31st Regiment Massachusetts Volunteers.

CHARGE FIRST.

"Violation of the 45th Article of War."

SPECIFICATION-In this, that he, Private John Miller, 1st, of Company H, 31st Regiment Massachusetts Volunteers, did, on or about the night of October 11th, 1862, while on picket duty, get drunk, thereby becoming entirely unfit to perform his duties as a soldier. This at Kenner, in the State of Louisiana, on or about the day above mentioned.

CHARGE SECOND.

“Violation of the 46th Article of War"

SPECIFICATION-In this, that he, the aforesaid John Miller, 1st, did, after having been ordered by the officer of the picket guard to remain on his post on duty until relieved, neglect his duty by sleeping soundly on his post. This at Kenner, in the State of Louisiana, on or about the night of October 11th, 1862.

CHARGE THIRD.

"Conduct to the prejudice of Good Order and Military Discipline."

SPECIFICATION—In this, that he, the aforesaid John Miller, 1st, did use towards the officer of the picket guard, the said officer being his superior, the most indecent, violent and abusive language. This at Kenner, in the State of Louisiana, on or about the night of October 11th, 1862.

To which the accused pleaded "Not Guilty."

After mature deliberation on the evidence adduced, the Court finds the accused "Guilty" of the charges and specifications preferred against him, and does therefore sentence him, the said Private John Miller, "to be confined in the Parish Prison, within the parish of Orleans, for the term of one month after the promulgation of the proceedings."

3. Private Edwin McCarry, Company H, 31st Regiment Massachusetts Volunteers.

CHARGE FIRST.

"Violation of the 45th Article of War."

SPECIFICATION--In this, that he, Private Edwin McCarry, of Company H, 31st Regiment Massachusetts Volunteers, did, on or about the night of October 11th, 1862, while on picket duty, get drunk, thereby becoming entirely unfit to perform his duties as a soldier. This at Kenner, in the State of Louisiana, on or about the day above mentioned.

CHARGE SECOND.

"Violation of the 46th Article of War."

SPECIFICATION-In this, that he, the aforesaid Edwin McCarry, did, after having been ordered by the officer of the picket guard to remain on his post on duty until relieved, neglect his duty by sleeping soundly on his post. This at Kenner, in the State of Louisiana, on or about the night of October 11th, 1862.

To which the accused pleaded "Not Guilty."

The Court, after mature deliberation on the evidence adduced, finds the accused "Guilty" of the charges end specifications preferred against him, and does therefore sentence him, the said Edwin McCarry, "to be confined in the Parish Prison, within the parish of Orleans, for the term of one month after the promulgation of the proceedings,

4. Charles L. Tomlinson, Elisah L. Blackman, Charles Sherwood and Hiram Roscoe, Company B, 13th Regiment Connecticut Volunteers.'

CHARGE.

"Violation of the 99th Article of War."

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SPECIFICATION-In this, that the said Charles L. Tomlinson, Elisah L. Blackman Charles Sherwood and Hiram Roscoe, of Company B, 13th Regiment Connecticut Volunteers, did, at sundry and divers times, before and on the 29th day of October, A. D. 1862, enter upon the premises of one Mary A. May, a peaceable citizen, unlawfully and without orders, and did, with force, violence and threats, take and carry away, and convert to their own use, the property of said Mary A. May, to the value of fifteen dollars; that while on or about the premises of said Mary A. May, as well as at the camp of said regiment, the said Tomlinson, Blackman, Sherwood and Roscoe, being armed with deadly weapons, did use insulting and abusive language to the said Mary A. May, accompanying the same with threats against the life of the said Mary A. May, thereby and by means thereof putting her in great fear and in danger of her life. This at Carrollton, in the State of Loulsiana, at the . time above mentioned.

To which the accused pleaded "Not Guilty."

After mature deliberation on the evidence adduced, the Court, finds the accused as follows:

The said Charles L. Tomlinson and Elisah L. Blackman "Not Guilty" of the charge preferred against them, and does therefore acquit them.

The said Charles Sherwood and Hiram Roscoe "Guilty" of the charge preferred against them.

And does therefore sentence them "to be confined within the Parish Prison for the parish of Orleans, for and during the term of six months from and after the date of the promulgation of the proceedings."

II. The proceedings, findings and sentence in the case of John Cosby are confirmed. The sentence will be carried into execution at Ship Island, Miss.

The proceedings and findings of the Court in the case of Private John Miller 1st, Company HI, 31st Regiment Massachusetts Volunteers, and Private Edwin McCarry, same company and regiment, are confirmed, but the sentences are disapproved. The Commanding General is unwilling that a punishment so disproportionate to the

magnitude of the offences as to excite derision rather than that respect for the laws which all punishment is designed to inculcate, should be placed upon the records of this command. Privates John Miller and Edwin McCarry, Company H, 31st Regiment Massachusetts Volunteers, will be released from confinement and returned to duty with their company and regiment.

The proceedings, findings and sentences in the cases of Privates Charles L. Tomlinson, Elisah L. Blackman, Charles Sherwood and Musician Hiram Roscoe, Company B, 13th Regiment Connecticut Volunteers, are disapproved. If such an offence as 66 violation of the 99th Article of War" is possible, it consists not in the commission of the offences therein named, but in the said offences not being "taken cognizance of by a general or regimental court martial." The proper charge under the 99th Article of war is "Conduct to the prejudice of good order and military discipline." In finding the accused " guilty" and "not guilty" of a "violation of the 99th Article of War," the Court has failed to find them guilty or not guilty of the commission of any crime.

Privates Charles L. Tomlinson, Elisah L. Blackman, Charles Sherwood and Musician Hiram Roscoe, Company B, 13th Regiment Connecticut Volunteers, will be released from confinement and returned to duty with their company and regiment.

III. The Military Commission of which Colonel WM. K. KIMBALL, 12th Regiment Maine Volunteers, is President, is dissolved. The members of the Commission will rejoin their regiments without delay.

BY COMMAND OF MAJOR GENERAL BANKS:

RICHARD B. IRWIN,

Lieutenant Colonel, Assistant Adjutant General.

OFFICIAL:

Aide-de-Camp.

II. Leaves of Absence.

III. Resignations.

V. Clerks.

VI. Transfers of Volunteers to Regulars.

GENERAL ORDERS

No. 14.

HEADQUARTERS, DEPARTMENT OF THE GULF,
New Orleans, February 7, 1863.

I. As permits for the transportation of supplies and other articles, not contraband of war, necessary to the working of estates or the support of loyal persons within the lines, are now issued by the Collector of the Port of New Orleans, the Commission appointed by General Orders No. 8, current series, shall keep the Collector advised, from time to time, as may be necessary, what quantity of supplies can prudently be allowed to go to the different districts within the lines, also what may constitute the military lines from time to time; and that the Commission shall be kept informed, at least weekly, by the Collector, in such manner and as often as the Commission may desire, of the quantity of supplies for the different districts for which permits have been issued.

All officers of the Government are instructed to observe closely the movement of goods, and whenever well-founded suspicion exists that a fraud upon the Government is intended, they will seize the suspected goods, without regarding any pass whatsoever. Nothing, with the single exception of small oyster or fishing vessels, authorized by the Collector to fish or get oysters upon the lakes, will be passed beyond the lines, under any circumstances whatever, without the approval of the Major General Commanding, over his personal signature.

11. The exercise of the power to grant leaves of absence will hereafter be confined strictly within the limits prescribed by existing orders from the War Department, Adjutant General's Office (General Orders No. 61, of 1862); that is to say: First. No leave of absence to quit the Department will be granted except at these Headquarters.

Second. No such leave will be granted, under any circumstances whatever, for a greater period than twenty days, with permission to apply to the Adjutant General of the Army for such extension as the surgeon's certificate shows to be necessary.

Third. No such leave will be granted, except on surgeon's certificate, showing also, in the form prescribed by the Army Regulations, that change of climate is necessary to save life or prevent permanent disability.

III. No resignations will hereafter be accepted except for one of the following

causes:

First. On surgeon's certificate, showing that the officer is physically disqualified for the military service.

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