CHARGE II.-" Absence without leave."
Specification "In this; that the said First Lieutenant Merrill Hicks, Company 'F,’ Fourth Kentucky Infantry, having been ordered, on or about the thirtieth day of Octo ber, eighteen hundred and sixty-two, by Colonel John T. Croxton, to go to the county of Washington, State of Kentucky, to arrest certain deserters, and return at the expiration of forty-eight hours, did fail to do so, and did remain absent without leave until Captain Josephus H. Tomkin, who was sent to Kentucky to arrest deserters, called upon him in person and ordered him to report to his Regiment, which he did on or about the twenty-first day of March, eighteen hundred and sixty-three."
CHARGE III.-"Disobedience of orders."
Specification "In this; that said First Lieutenant Merrill Hicks, Company 'F' Fourth Kentucky Infantry, having been ordered, on or about the thirtieth day of October, eighteen hundred and sixty-two, by Colonel John T. Croxton, to go to the county of Washington, State of Kentucky, and arrest certain absentees from the Regiment, and return in forty-eight hours, (the time granted by General Fry,) did fail to return, and did not return for about five months. All this while encamped on Rolling Fork, near Lebanon, Kentucky."
To which charges and specifications the accused, 1st Lieutenant Merrill Hicks, 4th Kentucky Volunteers, pleaded as follows: CHARGE I.
The Court, having maturely considered the evidence adduced, finds the accused, 1st Lieutenant Merrill Hicks, 4th Kentucky Volunteers, as follows:
And the Court does therefore sentence him, 1st Lieutenant Merrill Hicks, 4th Kentucky Volunteers, "That he be dismissed the service of the United States."
II. The proceedings of the Court in the above case having been submitted for the action of the President of the United States, the following are the orders thereon:
It appearing that the officer ordering the Court was not empowered under the law to institute a General Court Martial, the proceedings must be set aside, and the sentence taken as inoperative. Lieutenant Merrill Hicks, 4th Kentucky Volunteers, is, however, dismissed from the service of the United States, by order of the President, for the offence of absence without leave.
That the Executive Order, dated November 21, 1862, prohibiting the exportation
from the United States of arms, ammunition, or munitions of war, under which the Commandants of Departments were, by order of the Secretary of War, dated May 13, 1863, directed to prohibit the purchase and sale for exportation from the United States of all horses and mules within their respective commands, and to take and appropriate to the use of the United States any horses, mules, and live stock designed for exportation, be so far modified that any arms heretofore imported into the United States may be re-exported to the place of original shipment, and that any live stock raised in any State or Territory bounded by the Pacific Ocean may be exported from any port of such State or Territory.
BY ORDER OF THE SECRETARY OF WAR:
E. D. TOWNSEND, Assistant Adjutant General.
WAR DEP'T, ADJUTANT GENERAL'S OFFICE,
Washington, September 7, 1863.
Under provisions of section 42, act of March 3, 1863, the head of each Bureau in each Executive Department is to be considered a part of the Executive Department, and letters written by an officer of the Government on official business to the Department, or to any head of a Bureau of a Department, are to be passed free of postage. Such letters must be marked official on the envelope, with the official signature of the writer underBY ORDER OF THE SECRETARY OF WAR:
E. D. TOWNSEND, Assistant Adjutant General.
WAR DEP'T, Adjutant GENERAL'S OFFICE,
Washington, September 7, 1863. The following named non-commissioned officers and privates, having been duly examined and declared unfit for further field service, but fit for duty in the Invalid Corps, are hereby transferred from their respective regiments and companies to the Invalid Corps, to take effect September 1, 1863, and from and after that date will be dropped from their regimental rolls. Commanding officers of companies to which these men have heretofore belonged will at once furnish the Provost Marshal General at Washington a descriptive list, clothing account, and complete military history in each case: Felch, Ivory H., Private, Company M, 1st Maine Cavalry. Patterson, Lycurgce, Private, Company C, 1st Maine Cavalry. Freeman, Melvin N., Private, Company D, 3d Maine Volunteers. Morrili, Horace, Private, Company C, 3d Maine Volunteers. Bragden, George, Corporal, Company G, 4th Maine Volunteers. Chisty, Robert, Corporal, Company B, 4th Maine Volunteers. Hall, Lorenzo A., Private, Company E, 4th Maine Volunteers. Hinckley, James, Private, Company I, 4th Maine Volunteers. Sholler, James C., Private, Company D, 4th Maine Volunteers. Stevens, Elley G., Private, Company B, 4th Maine Volunteers. McCullough, Andrew J., Private, Company C, 5th Maine Volunteers. Morgan, Edwin, Private, Company E, 5th Maine Volunteers. Edgerly, George W., Private, Company A, 6th Maine Volunteers. Hadley, Stephen, Private, Company C, 6th Maine Volunteers. Laskey, George L., Private, Company D, 7th Maine Volunteers. Howard, David, Private, Company H, 10th Maine Volunteers. Woodman, Hiram, Private, Company D, 11th Maine Volunteers. Coodlige, Alonzo, Private, Company D, 12th Maine Volunteers. Butters, James M., Private, Company D, 16th Maine Volunteers. Fox, James E., Private, Company A, 16th Maine Volunteers. Grindal, Robert, Private, Company C, 16th Maine Volunteers. Hamlin, Edward L., Private, Company D, 16th Maine Volunteers. Holdsden, Clarence L., Private, Company H, 16th Maine Volunteers. Lancaster, Bradford F., Private, Company F, 16th Maine Volunteers.
Lufkin, Johnson H., Corporal, Company K, 16th Maine Volunteers.
McDonley, John, Private, Company B, 16th Maine Volunteers.
McFarland, Albert, Private, Company B, 16th Maine Volunteers.
Pratt, Henry L., Private, Company A, 16th Maine Volunteers.
Pratt, Larson C., Private, Company E, 16th Maine Volunteers.
Smith, Lyman, Private, Company H, 16th Maine Volunteers.
Stackpole, Aaron, Private, Company B, 16th Maine Volunteers.
Wade, Nelson H., Private, Company I, 16th Maine Volunteers.
Sanders, Thomas B., Private, Company I, 17th Maine Volunteers.
Warren, Thomas R., Private, Company I, 17th Maine Volunteers.
Noble, Henry, Private, Company A, 18th Maine Volunteers.
Allen, James H., Private, Company F, 19th Maine Volunteers.
Barter, Gillmore T., Private, Company G, 19th Maine Volunteers.
Bubier, Thomas L., Private, Company F, 19th Maine Volunteers.
Gardner, George A., Private, Company G. 19th Maine Volunteers.
Patterson, Henry S., Corporal, Company H, 19th Maine Volunteers.
Sullivan, Jeremiah, Private, Company K, 19th Maine Volunteers.
Whitney, Hezekiah H., Private, Company B, 19th Maine Volunteers.
Young, Benjamin, Private, Company H, 19th Maine Volunteers.
Brackett, F. A., Private, Company E, 20th Maine Volunteers.
Farris, Hartson B., Private, Company B, 20th Maine Volunteers.
Ford, Augustus H., Private, Company E, 20th Maine Volunteers,
Gilman, Jerome A., Private, Company C, 20th Maine Volunteers.
Hedgman, Osgood A., Private, Company C, 20th Maine Volunteers
Millett, Jaron F., Private, Company B, 20th Maine Volunteers.
Smith, Jacob P., Private, Company F, 20th Maine Volunteers.
West, Joseph, Private, Company H, 20th Maine Volunteers.
Willis, Charles H., Private, Company F, 2d New Hampshire Volunteers.
Howe, Albert C., Private, Company G, 3d New Hampshire Volunteers.
Harriman, Leander, Private, Company G, 5th New Hampshire Volunteers.
O'Shea, Walter, Private, Company G, 3th New Hampshire Volunteers.
Thornton, Stephen M., Private, Company E, 5th New Hampshire Volunteers.
Hill, Silas W., Private, Company F, 6th New Hampshire Volunteers.
McIntyre, Horace F., Private, Company D, 6th New Hampshire Volunteers.
Stratton, Samuel A., Private, Company F, 6th New Hampshire Volunteers.
Brown, Samuel A., Private, Company G, 7th New Hampshire Volunteers.
Flanders, William C., Private, Company E, 9th New Hampshire Volunteers.
Judd, Thomas G., Private, Company A, 9th New Hampshire Volunteers.
Sanburn, John, Private, Company B, 9th New Hampshire Volunteers.
Shawney, William M., Private, Company A, 9th New Hampshire Volunteers.
Butler, Eldad, Private, Company F, 10th New Hampshire Volunteers.
Johnson, Augustus H., Private, Company B, 10th New Hampshire Volunteers,
Knowlton, Asa D., Private, Company E, 10th New Hampshire Volunteers,
Chandler, Joseph, Private, Company G, 11th New Hampshire Volunteers.
Dresser, Moses D., Private, Company I, 11th New Hampshire Volunteers.
Roberts, Cyrus E., Private, Company I, 11th New Hampshire Volunteers.
Rolins, Jolin, Private, Company F, 11th New Hampshire Volunteers.
Wadleigh, James A., Private, Company F, 11th New Hampshire Volunteers.
Elliott, John R., Private, Company H, 12th New Hampshire Volunteers.
Ruswell, George P., Corporal, Company B, 12th New Hampshire Volunteers.
Fessenden, David B., Private, Company C, 13th New Hampshire Volunteers.
́ Guild, John F., Private, Company C, 18th New Hampshire Volunteers.
Miligan, Alexander, Private, Company E, 13th New Hampshire Volunteers.
Varriel, Robert W., Sergeant, Company K, 13th New Hampshire Volunteers.
Ellingwood, Oscar P., Private, Company E, 14th New Hampshire Volunteers.
Morris, Theodore, Corporal, Company E, 14th New Hampshire Volunteers.
Blake, George, Private, Company F, 1st Vermont Cavalry.
Blanchard, Timothy, Corporal, Company C, 1st Vermont Cavalry.
Fay, George W., Private, Company B, 1st Vermont Cavalry.
Hastings, Sidney B., Private, Company C, 1st Vermont Cavalry.
Hazelett, John, Private, Company B, 1st Vermont Cavalry.
Horner, Hobart S., Private, Company C, 1st Vermont Cavalry.
Gardner, Henry, Private, Company F, 3d Vermont Cavalry.
Cutter, George G., Corporal, Company D, 2d Vermont Volunteers.
Ditty, John Q. A., Sergeant, Company F, 2d Vermont Volunteers.
Doty, George W., Sergeant, Company F, 2d Vermont Volunteers.
Graves, Thadeus O., Private, Company H, 2d Vermont Volunteers.
Matthews, Hiram, Sergeant, Company K, 2d Vermont Volunteers.
Wilkins, George F., Private, Company G, 2d Vermont Volunteers.
Caswell, Joseph, Private, Company A, 5th Vermont Volunteers.
Hemenway, Charles B., Corporal, Company G, 5th Vermont Volunteers.
Rega, John, Private, Company C, 5th Vermont Volunteers.
Sowers, William, Private, Company K, 5th Vermont Volunteers.
Waram, Henry, Corporal, Company K, 5th Vermont Volunteers.
Collins, Henry W., Private, Company C, 6th Vermont Volunteers.
Dunlap, William B., Private, Company I, 6th Vermont Volunteers.
McDowell, Michael, Private, Company G, 6th Vermont Volunteers.
Rogers, Sullivan, Private, Company B, 6th Vermont Volunteers.
Tewksbury, August T., Sergeant, Company C, 6th Vermont Volunteers.
Tellerson, William, Private, Company B, 6th Vermont Volunteers.
Warble, George L., Private, Company G, 6th Vermont Volunteers.
Dewey, Calvin, Private, Company A, 10th Vermont Volunteers.
Downey, Charles, Private, Company F, 10th Vermont Volunteers.
Gonleg, David, Private, Company C, 10th Vermont Volunteers.
Powers, Noah S., Private, Company A, 10th Vermont Volunteers.
McDougall, Ranald, Private, Company F, 10th Vermont Volunteers.
Rines, George W., Private, Company D, 10th Vermont Volunteers.
Preston, John J., Private, Company C, 11th Vermont Volunteers.
Norton, John, Private, 10th Massachusetts Battery.
McDowell, Alexander, Private, Company A, 1st Massachusetts Cavalry.
Swityer, Almon L., Private, Company D, 1st Massachusetts Cavalry.
Madan, Elihu, Private, Company G, 1st Massachusetts Volunteers.
Cox, William, Private, Company I, 2d Massachusetts Volunteers.
Doerfler, John, Private, Company I, 2d Massachusetts Volunteers.
Gove, Lovill, Private, Company G, 2d Massachusetts Volunteers.
Martin, Thomas J., Private, Company C, 2d Massachusetts Volunteers.
Murphy, James, Private, Company G, 7th Massachusetts Volunteers.
Seery, Edward F., Corporal, Company I, 7th Massachusetts Volunteers.
Corcoran, James, Private, Company H, 9th Massachusetts Volunteers.
Donley, John, Private, Company H, 9th Massachusetts Volunteers.
Ody, William B., Private, Company A, 9th Massachusetts Volunteers.
Batchelder, John, Private, Company A, 11th Massachusetts Volunteers.
Coote, Edward, Private, Company A, 11th Massachusetts Volunteers.
Hellman, John, Private, Company K, 11th Massachusetts Volunteers.
Lewellyn, John, Private, Company G, 12th Massachusetts Volunteers.
Ranney, Freeman, Private, Company F, 12th Massachusetts Volunteers.
Butman, Joseph E., Private, Company Í, 13th Massachusetts Volunteers.
McIntyre, Samuel F., Private, Company B, 13th Massachusetts Volunteers.
Joyce, Redmond, Private, Company H, 14th Massachusetts Volunteers.
Parker, Joseph, Private, Company C, 14th Massachusetts Volunteers.
Plimpton, Charles H., Private, Company K, 15th Massachusetts Volunteers.
Hannington, Herman P., Private, Company K, 16th Massachusetts Volunteers.
Kane, Timothy, Musician, Company D, 16th Massachusetts Volunteers.
Woodward, George G., Sergeant, Company I, 16th Massachusetts Volunteers.
Braning, John, Corporal, Company G, 18th Massachusetts Volunteers.
Bumpas, Marcus, Private, Company H, 18th Massachusetts Volunteers.
Driver, Robert, Private, Company B, 18th Massachusetts Volunteers.
Hammond, Larnet H., Private, Company D, 18th Massachusetts Volunteers.
Loner, William E., Private, Company E, 18th Massachusetts Volunteers.
McMann James E., Private, Company D, 18th Massachusetts Volunteers.
Pratt, Thomas B., Private, Company D, 18th Massachusetts Volunteers.
Thompson, George, Private, Company C, 18th Massachusetts Volunteers.
Tracy, Edward L., Private, Company K, 18th Massachusetts Volunteers.
Wright, Rufus F., Private, Company E, 18th Massachusetts Volunteers.
Wrin, George, Private, Company B, 18th Massachusetts Volunteers.
Currier, Edward F., Private, Company C, 19 Massachusetts Volunteers.
Davver, James, Private, Company E, 19th Massachusetts Volunteers.
Den, George, Private, Company B, 19th Massachusetts Volunteers.
Jordan, Nathan B., Private, Company I, 19th Massachusetts Volunteers.
Porter, James, Private, Company B, 19th Massachusetts Volunteers.
Arnold, Charles, Private, Company B, 20th Massachusetts Volunteers.
Chase, Smith, Private, Company E, 20th Massachusetts Volunteers.
Herbst, Pankvatz, Private, Company B, 20th Massachusetts Volunteers.
Magee, Michael, Private, Company D, 20th Massachusetts Volunteers.
McDonough, Michael, Private, Company H, 20th Massachusetts Volunteers.
McFarland, Malcolm, Private, Company C, 20th Massachusetts Volunteers.
Reeves, Seely P., Corporal, Company D, 20th Massachusetts Volunteers.
Walters, Patrick, Private, Company I, 20th Massachusetts Volunteers.
Colby, Madison, Private, Company A, 21st Massachusetts Volunteers.
Crosby, Lewis I., Sergeant, Company I, 21st Massachusetts Volunteers.
Harris, Calvin, Private, Company H, 21st Massachusetts Volunteers.
Kinney, William P., Private, Company E, 21st Massachusetts Volunteers.
Towne, George A., Private, Company B, 21st Massachusetts Volunteers.
Conoly, Cornelius, Corporal, Company G, 22d Massachusetts Volunteers.
Keen, Francis B., Private, Company H, 22d Massachusetts Volunteers.
Mason, Edmund, Private, Company K, 22d Massachusetts Volunteers.
Trask, David B., Private, Company A, 22d Massachusetts Volunteers.
Green, Joshua G., Private, 2d Company, Sharpshooters, 22d Massachusetts Volunteers.
Eaton, Lowell M., Private, Company K, 24th Massachusetts Volunteers.
Kane, Owen, Private, Company H, 28th Massachusetts Volunteers.
McClellan, Angus, Private, Company C, 28th Massachusetts Volunteers.
McKenna, James, Private, Company K, 28th Massachusetts Volunteers.
Murray, John, Private, Company E, 28th Massachusetts Volunteers.
Stross, Nicholas, Private, Company F, 28th Massachusetts Volunteers.
Waters, William, Private, Company D, 28th Massachusetts Volunteers.
Swain, James M., Private, Company I, 29th Massachusetts Volunteers.
Grover, William, Private, Company A, 32d Massachusetts Volunteers.
Holden, William, Private, Company G, 22d Massachusetts Volunteers.
Lane, Charles F., Private, Company D, 32d Massachusetts Volunteers.
Morse, Jennison G., Private, Company E, 32d Massachusetts Volunteers.
Sargent, William H., Private, Company B, 32d Massachusetts Volunteers.
Dupar, James, Private, Company K, 33d Massachusetts Volunteers.
Mahoney, John, Private, Company C, 33d Massachusetts Volunteers.
Rooney, Peter, Private, Company K, 33d Massachusetts Volunteers.
Splain, Samuel B., Private, Company C, 33d Massachusetts Volunteers.
O'Connor, Timothy, Private, Company H, 35th Massachusetts Volunteers.
Prescott, George H., Private, Company D, 35th Massachusetts Volunteers.
Thompson, Mial M., Private, Company D, 35th Massachusetts Volunteers.
Wade, Dudley, Private, Company A, 35th Massachusetts Volunteers.
Parker, George, Private, Company K, 36th Massachusetts Volunteers.
Searle, Henry A., Private, Company D, 37th Massachusetts Volunteers.
Batchelder, Benjamin, Private, Company A, 39th Massachusetts Volunteers.
Kerr, John, Private, Company H, 39th Massachusetts Volunteers.
Prouly, Isaac, Private, Company G, 39th Massachusetts Volunteers.
Bradford, William A., Private, Company H, 40th Massachusetts Volunteers.
Magoon, Davis A., Private, Company I, 40th Massachusetts Volunteers.
Newhall, Harrison F., Private, Company C, 40th Massachusetts Volunteers.
Page, Warner, Private, Company C, 40th Massachusetts Volunteers.
Welsh, James H., Private, Company E, 1st Rhode Island Artillery.
Cohoone, Horace, Private, Company A, 3d Rhode Island Artillery.
Currier, Edward L., Sergeant, Company M, 1st Rhode Island Cavalry.
Freeman, William W., Private, Company H, 1st Rhode Island Cavalry.
Gardner, John G., Private, Company H, 2d Rhode Island Volunteers.
Gardner, Eycikel C., Private, Company D, 2d Rhode Island Volunteers.
Meader, Morrill, Private, Company D, 3d Rhode Island Volunteers.
Visard, James, Private, Company K, 4th Rhode Island Volunteers.
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