Of the 3d Specification, "Guilty," except the words, "while in that condition did insult and otherwise abuse his men." Of the 2d Charge, "Not Guilty of the charge as laid, but the Court do find the accused guilty of conduct prejudicial to good order and military discipline." SENTENCE. And the Court does therefore sentence him, 1st Lieutenant Harvey Cotton, 6th Virginia Volunteers, " To be dismissed from the service of the United States." 66 II.-In conformity with the 5th section of the act approved July 17, 1862, the proceedings in the foregoing case have been forwarded for the action of the President of the United States, with the recommendation that Lieutenant Cotton be dismissed the service, notwithstanding certain irregularities in the proceedings of the Court. The recommendation is approved, and 1st Lieutenant Harvey Cotton, 6th Virginia Volunteers, is, by direction of the President, dismissed the service. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. General Orders. No. 94. War Dep't, Adjutant GenerAL'S OFFICE, Washington, April 10, 1863. I.-Before a General Court Martial, which convened at Bowling Green, Kentucky, February 2, 1863, pursuant to General Orders No. 7, and Special Orders No. 31, dated Headquarters, U. S. Forces, Bowling Green, Kentucky, and of which Lieutenant Colonel James M. Holmes, 3d Kentucky Cavalry, is President, was arraigned and triedFirst Lieutenant John D. Burd, 4th Kentucky Volunteer Cavalry. CHARGE I-" Absent without leave." Specification 1st-"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Battle Creek, in the county of and State Alabama, did, on about or the 29th day of July, 1862, absent himself from his said company and regiment without leave, and remain absent therefrom unti! on or about the 3d day of August, 1862." Specification 2d-"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Bowling Green, in Warren county, and State of Kentucky, did, on or about the 13th day of December, 1862, absent himself from his said company and regiment without leave, and remain absent therefrom until on or about the 20th day of December, 1862.". Charge II" Conduct unbecoming an officer and a gentleman." Specification 1st-"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Battle Creek, in county of and State of Alabama, did, on or about the 27th day of June, 1862, take, or cause to be taken, to the city of Louisville, Kentucky, one dark bay horse, which said horse had been captured or stolen by one private Thomas Sheehan, of his said company; and that he, the said 1st Lieutenant John D. Burd, knew that said horse had been so captured or stolen, and appropriated said horse to his own use and gain, without accounting for the same, as required by the Army Regulations." Specification 2d--"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Clarksville, in county of and State of Tennessee, did, on or about the 14th day of November, 1862, trade, or cause to be traded, a Government horse to a citizen, or other, for a gray mare, which said gray mare he appropriated to his own private use and gain, and afterwards, to wit: on or about the 18th day of November, 1862, the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, did trade, or cause to be traded, the gray mare aforesaid for one yellow horse, which horse he appropriated to his own use and gain. This at or near Russelville, in county of Logan, and State of Kentucky." Specification 3d-"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Bowling Green, in Warren county, and State of Kentucky, did, on or about the 13th day of December, 1862, order the Orderly Sergeant, one William G. Mitton, of his said company to report him present on the morning report book' of such company, when he, the said 1st Lieutenant John D. Burd, should be absent." Specification 4th-"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Hopkinsville, in Christian county, and State of Kentucky, did, on or about the 1st day of December, 1862, visit the house of a citizen (whose name is unknown) at the solicitation of such citizen, who resided near by the place of encampment, and take dinner, after which, on his returning to camp, the said 1st Lieutenant John D. Burd, aforesaid, did take, steal, and carry away with him one double-barrel shot gun, the private property of the ci izen aforesaid." Specification 5th-"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Clarksville, in county of -, and State of Tennessee, did, on or about the 16th day of November, 1852, strike one private Edward H. Cummingore, of his said company, on the head with brass knuckles, thereby disabling him to such an extent that he was unable to keep up with his company, and was in consequence captured by the enemy, and had his arms taken away from him." Specification 6th-"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, has in his possession two burglar saws and a pair of brass knuckles, which said brass knuckles he carries about his person, and has repeatedly threatened to use them in striking and beating the men and others under his command." CHARGE III.—“Leaving his post when in command of a picket guard.” Specification" In this; that the said 1st Lieutenant John D. Burd, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Bowling Green, in Warren County, and State of Kentucky, did, on or about the 12th day of December, 1862, leave his post while in command of the cavalry picket, about three and a half miles from Bowling Green, Kentucky, on the Nashville road; and that he, the said 1st Lieutenant John D. Burd, as aforesaid, did not return to take command of his said picket before it was relieved." CHARGE IV.—“ Abandoning his Company when in line of battle and expecting an attack of the enemy." Specification-"In this; that the said 1st Lieutenant John D. Burd, Company F, 4th Regiment Kentucky Volunteer Cavalry, while encamped at or near Hopkinsville, in Christian county, and State of Kentucky, did, on or about the 1st day of October, 1862, abandon his said company when in line of battle expecting an attack of the enemy, and took with him the Orderly Sergeant, one William G. Mitton, of his said company and that he, the said 1st Lieutenant John D. Burd, as aforesaid, did not return to his said company until after the danger of an attack had passed." To which charges and specifications the accused, 1st Lieutenant John D. Burd, 4th Kentucky Volunteer Cavalry, pleaded as follows: To Specification 1st, "Not Guilty." To Specification 1st, "Not Guilty." CHARGE I. CHARGE II. To Specification 2d, "Not Guilty; but says he had a Government horse which he got honestly at Stevenson, Alabama, when he drew the five horses from the Government, and I owe the Government a hundred dollars for him. I used him as my own. When I broke him down in the service of my Government, I then traded him off for the yellow horse, which thereby became my own, which horse I used in the service of the Government up to the time of my arrest." To Specification 3d, "Not Guilty." To Specification 4th, "Not Guilty." To Specification 5th, "Guilty of striking the said Cummingore as charged, but denies that the wounds caused by said striking was the cause of his capture, and pleads justification of the striking in this: that the said private Cummingore refused to obey orders, and drew a cocked pistol, and that the said striking was in self defence." To specification 6th, "Guilty to having two saws, but denies that they were known by the name of burglar saws, and admits that he had brass knuckles, but denies threatening to use them as charged; claims that he has a right to said saws and to said brass knuckles, and to carry them about his person." And to the Charge, "Not Guilty." CHARGE III. To the specification, "Guilty to the charge of leaving his picket post at the time and place stated, but says he had orders to leave by his superior officer, Major John F. Gunkel, commanding his regiment; pleads justification." And to the Charge, "Not Guilty." CHARGE IV. To the specification, "Not Guilty; but says that he did leave his company, but not with his Orderly Sergeant, and says that he had orders of his superior officer, Captain P. W. McGowan, and therefore pleads justification." And to the Charge, “Not Guilty." FINDING. The Court, having maturely considered the evidence adduced, finds the accused, First Lieutenant John D. Burd, 4th Kentucky Volunteer Cavalry, as follows: Of the 1st specification, "Guilty, except so much of said specification charging the taking, or causing to be taken, to the city of Louisville, Kentucky, one dark bay horse.' Of the 2d specification, "Guilty." Of the 3d specification, "Guilty." Of the 4th specification, “Not Guilty." Of the 5th specification, "Not Guilty, and fully justified his conduct on the occasion referred to in said specification." Of the 6th specification, "Not Guilty; no evidence introduced touching this specification." And the Court does therefore sentence him, First Lieutenant John D. Burd, 4th Kentucky Volunteer Cavalry, "To be cashiered and dishonorably dismissed from the service of the United States, and be utterly disabled to have or hold any office or employment in the service of the United States, and that he forfeit all pay due him up to this date from the Government, and that he be required to surrender up one yellow gelding horse now in his possession, the same being, in the opinion of the Court, a horse rightfully the property of the Government." II.-In conformity with the 5th section of the act approved July 17, 1862, the proceedings in the foregoing case have been forwarded for the action of the President of the United States, with the recommendation that Lieutenant Burd be dismissed the service, notwithstanding certain irregularities in the proceedings of the Court. The recommendation is approved, and First Lieutenant John D. Burd, 4th Kentucky Volunteer Cavalry, is, by direction of the President, dismissed the service. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. General Orders, } No. 95. WAR DEP'T, ADJUTANT GENERAL'S OFFICE, Washington, April 11, 1863. The proceedings of a Military Commission, convened at Memphis, Tennessee, on the 6th January, 1863, by virtue of Special Orders, No. 3, dated November 28, and No. 8, dated December 3, 1862, from the Headquarters, District Memphis, and before which was tried J. M. J. America, have been submitted to the Secretary of War. It does not appear from the record that the Commission or Judge Advocate were sworn. In consequence of the irregularity of the proceedings in the case, the sentence is reversed and set aside. By direction of the President, the following assignments are made of Army Corps Commanders: 1st Corps, Major General John F. Reynolds. 2d Corps, Major General D. N. Couch. E. D. TOWNSEND, Assistant Adjutant General. General Orders, No. 97. WAR DEP'T, ADJUTANT GENERAL'S OFFICE, I.-From a review of the proceedings of a General Court Martial before which Captain William Frinkler, Assistant Quartermaster, U. S. Volunteers, was tried-which proceedings were published in General Orders, No. 36, of March 1, 1863, from Headquarters, Thirteenth Army Corps-it appears that there is no record to show that either the members of the Court or the Judge Advocate were sworn in presence of the accused. These and other irregularities in the proceedings render the sentence null and void. Captain Frinkler will therefore be released from arrest and restored to duty. II. In the case of 1st Lieutenant William H. Eaton, 2d District of Columbia Volunteers, sentenced "to be dismissed the service" by a General Court Martial, the proceedings of which were published in General Orders, No. 10, Headquarters, Military District of Washington, dated March 24, 1863, the action of the reviewing officer in remitting the sentence is not in accordance with the 89th Article of War, under which the execution of the sentence should have been suspended until the pleasure of the President of the United States could be known. The record, however, is defective in not showing the Court and Judge Advocate were sworn in the presence of the accused, and the sentence cannot be enforced. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. General Orders, No. 98. WAR DEP'T, ADJUTANT GENERAL'S OFFICE. I.-Before a General Court Martial, which convened at Headquarters, 1st Brigade, 1st Division, 3d Corps, March 24, 1863, pursuant to Special Orders No. 38, dated February 21, 1863, and No. 65, dated March 23, 1863, Headquarters, 1st Division, 3d Corps, and of which Lieutenant Colonel E. Burt, 3d Maine Volunteers, is President, was arraigned and tried John K. Karcher, Chaplain 114th Pennsylvania Volunteers. CHARGE." Absent without leave." Specification." In this; that the said John K. Karcher, Chaplain of the 114th Regiment Pennsylvania Volunteers, being absent with leave, did not return to duty with his Regiment until eight days after expiration of his leave of absence. All this at Camp Pitcher, Virginia, between the 25th day of February, 1863, and the 5th day of March, 1863." To which charge and specification, the accused, John K. Karcher, Chaplain 114th Pennsylvania Volunteers, pleaded "Guilty." FINDING. The Court, having maturely considered the evidence adduced, finds the accused, John K. Karcher, Chaplain 114th Pennsylvania Volunteers, as follows: Of the Specification, “Guilty." Of the Charge, "Guilty." SENTENCE. And the Court does therefore sentence him, John K. Karcher, Chaplain 114th Pennsylvania Volunteers, “To be dismissed from the service of the United States with the loss of all pay and allowances that are or may become due him." II. The foregoing proceedings have been forwarded by the Major General Commanding the Army of the Potomac for the action of the President, with a recommendation that the sentence be mitigated. The recommendation is approved, and the sentence is hereby remitted. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. General Orders, No. 99. WAR DEP'T, ADJUTANT GENERAL'S OFFICE, Volunteer regiments about to be discharged will, at the expiration of their term of service, be returned to the States in which they were raised, and there promptly paid and mustered out. They will turn over their arms and equipments before leaving the army in which they are serving. The Quartermaster Department will furnish transportation, and the Subsistence Department will furnish subsistence up to the time of the final payment of the troops. The Paymaster General will cause them to be paid immediately on their arrival in their respective States, and before they disperse. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. General Orders,} No. WAR DEP'T, ADJUTANT GENERAL'S OFFICE Washington, April 24, 1863. The following "Instructions for the Government of Armies of the United States in the Field," prepared by Francis Leiber, LL. D., and revised by a Board of Officers, of which Major General E. A. Hitchcock is president, having been approved by the President of the United States, he commands that they be published for the information of all concerned. BY ORDER OF THE SECRETARY OF WAR: E. D. TOWNSEND, Assistant Adjutant General. INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD. Martial law-Military jurisdiction-Military necessity—Retaliation. 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been |