To the second-specification, first charge--" Not Guilty."
To the first charge-"Not Guilty."

To the first specification, second charge--" Guilty."

To the second specification, second charge--" Not Guilty."
To the third specification, second charge--" Not Guilty."
To the fourth specification, second charge--“ Not Guilty."

To the second charge--" Guilty."

To the first specification, first supplementary charge--" Not Guilty."

To the second specification, first supplementary charge—“ Not Guilty.”
To the first supplementary charge--" Not Guilty."

To the first specification, second supplementary charge—“ Guilty,”

To the second supplementary charge--“ Guilty.”

To the first specification, third supplemetary charge-“ Not Guilty."

To the second specification, third supplementary charge-" Guilty."

To the third supplementary charge--" Guilty."

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

Of the first specification, first charge--" Guilty.”

Of the second specification, first charge—“ Guilty."

Of the first charge--" Guilty."

Of the first specification, second charge--“ Guilty."

Of the second specification, second charge--" Not Guilty."

Of the third specification, second charge--" Not Guilty."

Of the fourth specification, second charge--" Not Guilty."

Of the second charge-" Guilty."

Of the first specification, first supplementary charge--“ Not Guilty."

Of the second specification, first supplementary charge-"Not Guilty."

Of the first supplementary charge--" Not Guilty."

Of the specification, second supplementary charge-“ Guilty."

Of the second supplementary charge---“ Guilty.”

Of the first specification, third supplementary charge--" Not Guilty."

Of the second specification, third supplementary charge--" Guilty."

Of the third supplementary charge--" Guilty."

And does therefore sentence him, Captain Wm. M. Shaw, 162d Regiment New York Volunteers, "to be cashiered."

3. Captain Timothy Reed, 38th Regiment Massachusetts Volunteers, on the following charges and specifications:

CHARGE FIRST.

"Conduct prejudicial to Good Order and Military Discipline."

SECIFICATION 1st--"In this, that he, the said Captain Timothy Reed, of the 38th

Regiment Massachusetts Volunteers, did, on or about the 1st day of January, 1863, absent himself from camp without permission, and remain absent all night. This at Carrollton, La."

SPECIFICATION 2d" In this, that he, the said Captain Timothy Reed, of the 38th Regiment Massachusetts Volunteers, did, on or about the 2d day of January, 1863, absent himself, without permission, from Camp Kearney, and remain absent all night. This at Camp Kearney, Carrollton, La."

SPECIFICATION 3d-" In this, that he, the said Captain Timothy Reed, of the 38th Regiment Massachusetts Volunteers, did, on or about the 7th day of January, 1863, absent himsent from camp without leave; and furthermore did, in direct violation of the commands of his commanding officer, remain in the city of New Orleans until the afternoon of the following day. This at Carrollton, La."

SPECIFICATION 4th-"In this, that he, the said Captain Timothy Reed, of the 38th Regiment Massachusetts Volunteers, did, on or about the 9th day of November, 1862, in the city of Baltimore, Md., drink to excess and become intoxicated."

SPECIFICATION 5th-" In this, that he, the said Captain Timothy Reed, of the 38th Regiment Massachusetts Volunteers, did, on or about the 26th day of November, 1862, drink to excess and become intoxicated, and while in this condition, come on board the steamer Baltic, in the presence of officers and privates of his regiment; and furthermore did, while in a state of intoxication, present himself before his commanding officer and his brother officers assembled in a school for theoretical instruction, and did then and there so misbehave himself as to be ordered by his commanding officer to repair to his own private quarters. This at Hampton Roads, Virginia."

SPECIFICATION 6th- "In this, that he, the said Timothy Reed, Captain in the 38th Regiment Massachusetts Volunteers, did, on or about the 7th day of January, 1863, drink to excess and become intoxicated. This at New Orleans, La."

CHARGE SECOND.

"Conduct unbecoming an Officer and a Gentleman."

SPECIFICATION "In this, that he, the said Captain Timothy Reed, of the 38th Regiment Massachusetts Volunteers, did, on or about the 25th day of January, 1863, drink to excess and become intoxicated; and while in this condition, did resist and violently assault an officer in the discharge of his duty, and did draw a pistol and threaten to shoot said officer, and did in other ways misbehave himself and thus disgrace himself; and furthermore, when he was taken before the Hon. Judge Peabody by municipal officers of the city of New Orleans, he, the said Reed, did give his parole of honor to appear at a subsequent day-to wit, the day following-to answer for his offense, which parole was shamefully violated, so that municipal officers were ordered to arrest the said Captain Reed in the camp of his regiment, and did so arrest him; and furthermore, the said Reed did a second time give his word of honor, pledging himself to appear at a certain hour before the judicial

authorities of the Department of the Gulf, to pay a fine imposed upon him and to surrender his pistol, and failed to do so. This at New Orleans, La."

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 first specification, first charge--" Guilty."

Of the second specification, first charge-" Guilty."
Of the third specification, first charge--" Guilty."
Of the fourth specificalion, first charge-" Guilty."
Of the fifth specification, first charge-" Guilty"

Of the sixth specification, first charge-" Not Guilty."
Of the first charge--" Guilty."

Of the specification, second charge--" Guilty."

Of the second charge-" Guilty."

And does therefore sentence him, Captain Timothy Reed, 38th Regiment Massachusetts Volunteers," to he dismissed from the service of the United States."

4. Private Henry Dubois, Company E, 165th Regiment New York Volunteers.

CHARGE.
"Desertion."

SPECIFICATION" In this, that Private Henry Dubois, of Company E, an enlisted man of the 165th Regiment New York Volunteers, did, on or about the 11th day of January, 1863, absent himself from his company and regiment, without proper authority, and did remain so absent until the 15th iustant, when he was apprehended (out of uniform) by a police officer, in the city of New Orleans."

To which charge and specification the accused pleaded-" Not Guilty." The Court, after mature deliberation on the evidence adduced, finds the accused as follows:

Of the specification—“ Guilty.”

Of the charge--" Guilty."

And the Court does therefore sentence him, Private Henry Dubois, Company E, 165th Regiment New York Volunteers, "to suffer death by shooting," two-thirds of the members concurring therein.

II. The proceedings in the foregoing cases have been submitted to the Major General Commanding, in accordance with the act, approved December 24th, 1861, entitled "An Act relative to Courts Martial in the Army."

In the case of Captain William Van Wagenen, 156th Regiment New York Volunteers, the proceedings and findings are disapproved as far as regards the following charges and specifications:

The first and second specifications to the first charge;

The specification to the second charge, and the second charge.

The Court might have saved itself much time and trouble, had it satisfied itself, in the first instance, as to the validity of the muster into the service, made by the Regimental Adjutant of the 156th Regiment New York Volunteers. In point of fact, it would appear that he had no authority for so doing, and that the muster was consequently illegal and void. Nor can this case be brought within the meaning of the 60th Article of War. Captain Van Wagenen could not therefore be legally tried on the charges and specifications above mentioned. But the other charges fully sustain the sentence. The remainder of the proceedings and findings, and the sentence, are therefore confirmed.

Captain William Van Wagenen, 156th Regiment New York Volunteers, ceases from this date to be an officer in the military service of the United States.

III. The proceedings in the cases of Captain William M. Shaw, 162d Regiment New York Volunteers, and Captain Timothy Reed, 38th Regiment Massachusetts Volunteers, though not perfectly regular, are confirmed. They cease from this date to be officers in the military service of the United States.

IV. The proceedings, findings and sentence in the case of Private Henry Dubois, Company E, 165th Regiment New York Volunteers, are disapproved. The evidence does not sustain the specification. The specification alleges that the accused "did, on or about the 11th day of January, 1863, absent himself from his company and regiment, without proper authority, and did remain so absent until the 15th instant, when he was apprehended." The evidence distinctly proves that he was apprehended on the 11th, being the same day that he absented himself. ́ Although the Major General Commanding is very loth to permit the prisoner to escape unpunished, this is too grave an error to allow of his sanctioning the proceedings of the Court. A true construction of the evidence might have had a material influence upon the decision of the Court. The Court having been prematurely dissolved, this case cannot be remanded; but the confirmation of any sentence under the circumstances, and in this case it is a sentence of death, is impossible.

Private Henry Dubois will be released from arrest and returned to duty.

BY COMMAND OF MAJOR GENERAL BANKS :

OFFICIAL:

Aide-de-Camp.

RICHARD B. IRWIN,

Assistant Adjutant General.

GENERAL ORDERS

No. 23.

HEADQUARTERS, DEPARTMENT OF THE GULF, 19TH ARMY CORPS,

Camp near Baton Rouge, March 20, 1863.

All officers and soldiers, and all followers of the army, of whatever character, in this Department, are forbidden to engage, in any manner whatever, directly or indirectly, in the purchase or sale of the products of the country, or to use the troops, transportation or material of the army for the purpose of speculation, or to assist those who are so engaged, under penalty of dishonorable dismissal and severe punishment. Commanders of Divisions, Brigades, Regiments and Posts will report any violation of this order, and take every possible precaution to enforce its strict observance. Pillage and depredations will be suppressed. The appropriation of the property of the country to private use or personal emolument demoralizes the army and dishonors the service.

Commanding officers will be held responsible for the conduct of their men, and for the summary punishment of offences. A man who abandons his flag and his comrades, in the face of the enemy, to pillage and plunder women and children, or unprotected people, deserves and should receive the summary infliction of the penalty of death denounced by the Articles of War for his crime.

It is the legitimate right of an army to obtain its supplies from the country it occupies. This right will be exercised to its fullest extent, and the Government will answer to the enemy and to the country for that which it applies to its use or leaves to the people; but all seizures must be made by authorized officers, accounted for to the Chiefs of the proper Staff Departments, according to the nature of the property, and scrupulously applied to the use and benefit of the Government.

BY COMMAND OF MAJOR GENERAL BANKS :

RICHARD B. IRWIN,

Assistant Adjutant General.

OFFICIAL:

Aide-de-Camp.