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II. Transfers from Volunteers to Regulars.
HEADQUARTERS, DEPARTMENT OF THE GULF,
New Orleans, February 24, 1863.
1. The following extracts from Special Orders are republished in General Orders, for the information and government of all concerned :
Paragraph 14 of Special Orders No. 45, current series. “Passes for boats and persons for purposes of fishing and hunting will hereafter be
issued by the Provost Marshal General of the Department, and will be recog-
Paragraph 3 of Special Orders No. 53, current series. “ Passes for persons to go through the lines will be signed hereafter by Brigadier
General James Bowen, Provost Marshal General, under his personal signature. The existing orders requiring such passes to have the personal signature of the General Commanding are revoked. All applications for such passes will hereafter be made to the Provost Marshal General, whose decision thereon will be final. The regulations on the subject of passes for vessels, boats or supplies, continue in force as at present.”
II. The War Department having countermanded the orders authorizing the enlistment of volunteers into the regular Army, such enlistments will at once be discontinued in this Department.
III. The attention of the Commanding General has been directed to the enormous and criminal waste of ammunition which prevails in many portions of this command. Enlisted men, and, in too many instances, even officers, seem to consider that the ammunition provided by the Government for use against the public enemy may be properly and ith impunity expended for their own private amusement.
The 37th Article of War prescribes that—“Any non-commissioned officer or soldier who shall be convicted, at a regimental court martial, of having sold, or designedly, or through neglect, wasted the ammunition delivered out to him, to be employed in the service of the United States, s'all be punished at the discretion of such court."
At every Sunday morning inspection hereafter the company commander will inspect the cartridge boxes of his men, and will cause every man who has not the proper number of rounds, in a good state of preservation, to be brought before a
field officer of the regiment to be tried and punished for the offense. The 40th Article of War further recites, that " Every captain of a troop or company is charged with the arms, accoutrements, ammunition, clothing, or other warlike stores belonging to the troop or company under his command, which he is to be accountable for to his Colonel in case of their being lost, spoiled or damaged, not by unavoidable accidents or on actual service."
At the first Sunday morning inspection in every month an inspection of the cartridge boxes will be made by the regimental commander, who will require the company commanders to pay the cost price of every round deficient in their respective companies, and not“ lost, spoiled or damaged by unavoidable accident, or on actual service," and will, moreover, bring the delinquent officers before a General Court Martial to answer for their neglect of duty.
IV. Second Lieutenant EDWARD S. BERRY, 156th regiment New York Volunteers, having tendered his resignation, assigning as the cause ill health and inability to perform military duty, and that he is “opposed to the President's Emancipation Proclamation,” and the said Lieutenant BERRY being represented by his regimental and brigade commanders as worthless and incompetent, he is hereby dishonorably discharged from the military service of the United States, subject to the approval of the President.
Hereafter all officers who go out of their way to assign as a reason for desiring to quit the service of their country in the face of the enemy, their disapproval of an act of the Executive for which they are in no manner responsible, will be placed by their immediate commanders in close arrest, and brought to trial before a Genera Court Martial, upon charges preferred under the 5th, 6th and 99th Articles of War for using contemptuous or disrespectful words against the President of the United States, for contempt or disrespect towards their commanding officer, and for conduct to the prejudice of good order and military discipline. The severest punishments awarded by the Courts in such cases will be rigidly enforced by the Commanding General.
BY COMMAND OF MAJOR GENERAL BANKS :
RICHARD B. IRWIN,
HEADQUARTERS, DEPARTMENT OF THE GULF,
New Orleans, February 26, 1863.
I. Before a General Court Martial, which convened at Camp Parapet, La., pursuant to General Orders No. 4, from the Headquarters, United States Forces, Carrollton, La., of January 9th, 1863, and of which Colonel E. P. CHAPIN, 116th Regiment New York Volunteers, is President, were arraigned and tried :
1. Captain Edwin H. Boyd, 110th Regiment New York Volunteers, on the following
charges and specifications :
• Conduct to the prejudice of Good Order and Military Discipline." SPECIFICATION——“ In this, that he, Captaio Edvin H. Boyd, Company F, 110th Regiment New York Volunteers, on or about the 6th day of January, 1863, at Camp Mansfield, Carrollton, La., while Lieut. Chancey Gardner, of the same regiment, officer of the guard, in the execution of his office, was properly in the act of placing hand-cuffs on one Private Rowland, a prisoner in the guard-tent, in the presence and bearing of the guard, prisoner, and other privates, did enter said tent and wrongfully and forcibly interfere with the said officer of the guard, for the purpose of preventing said act, and in so doing did then and there, with force and violence, assault, and with his hands lay hold of and thrust aside the said officer of the guard, at the same time, in effect, threatening him, the said officer, to knock down and whip, and saying, in substance and effect, that hand-cuffs should not be put on Rowland, or one of his men at all, and subsequently saying in effect, that the hand cuffs should not be put on Rowland in the manner directed by said officer, and did then and there, for the purpose aforesaid, use other force and violence, and violent and threatening language, towards the said officer of the guard, and by means of the premises, did prevent the said officer from securing the said prisoner in the manner he directed and deemed necessary.”
SPECIFICATION 1st—“ In this, that he, Captain Edwin H. Boyd, Company F, 110th Regiment New York Volunteers, did begin and attempt to excite a mutiny among the privates of Company F, and other privates of the 110th Regiment, in the fur
*ance of which he, the said Captain Edwin H. Boyd, did personally and forcibly
resist the authority of Lieut. Chancey Gardner, the officer of the guard, while in the discharge of his duty, in confining Private Rowland in the guard-tent of the 110th Regiment New York Volunteers, at Camp Mansfield, Carrollton, La., on or about the 6th day of January, 1863."
SPECIFICATION 2d—" In this, that he, Captain Edwin H. Boyd, Company F, 110th Regiment New York Volunteers, did use violent, mutinous and intimidating language towards the officer of the guard, in the hearing of a large number of the privates in and near the guard-tent of the 110th Regiment New York Volunteers, on og about the 6th day of January, 1863, calculated to excite the privates of Company F, and other privates, to mutiny, saying, in substance and effect, the treatment of a prisoner (Rowland, a member of his company) was carried too far, and that be would protect him, and that the hand-cuffs, should not be placed upon the said prisoner, and further, in effect, saying, that the officer of the guard was placing hand-cuffs on said Rowland in a spirit of retaliation, because Lieutenant Hunter, of Company F, when officer of the guard at Patterson Park, Baltimore, had placed hand-cuffs on two men of Company K, of which company he, the said Gardner, the officer of the guard, was an officer. This at Camp Mansfield, Carrollton, La., January 6th, 1863,"
“ Conduct unbecoming an Officer and a Gentleman." SPECIFICATION-"In this, that he, Captain Edwin H. Boyd, Company F, 110th Regiment New York Volunteers, did, in the camp of the said 110th Regiment New York. Volunteers, at. Carrollton, La.,, on or about January 6th, 1863, outside the guard-tent, say, in the presence of from fifty to one hundred privates, in effect, that any man who would touch a prisoner was a damned.coward; and he could whip him; this was repeated several times, with other similar language. That at the time and place aforesaid, and at divers other times and places, in the presence of other. commissioned officers of his company and many of the privates of his company, he said, in effect, that had he been present when the officer of the guard commenced to hand-cuff a prisoner in the guard-tent, named Rowland, he woulu have knocked him down ; further, that on the parade ground, in effect, he said, in presence of the men of his company, or a part of them, that the officer of the guard would probably prefer charges against him for protecting Private Rowland while in the guard-tent, and if so, he would prefer charges in retaliation.”
To all of which charges and specifications the accused pleaded—“Not Guilty."
The Court, after mature deliberation on the evidence adduced, finds the accused as follows:
Of the specification of the first charge--"Guilty."