GENERAL ORDERS HEADQUARTERS, DEPARTMENT OF THE GULF, 19TH ARMY CORPS. No. 33. April 25, 1863. 1. Before a General Court Martial, convened at Carrollton, Louisiana, pursuant to General Orders No. 24, of 28th Febrnary, 1863, from the Headquarters Emory's Division, and of which Lieutenant Colonel JOHN A. FOSTER, 175th New York Volunteers, is President, were arraigned and tried : I. Assistant Surgeon Floyer G. Kittredge, 31st Regiment Massachusetts Volunteers. CHARGE " Absence without Leave." SPECIFICATION 1st-" In this, that he, Assistant Surgeon Floyer G. Kittredge, from the morning of the 13th day of March, A. D. 1863, until 12 o'clock of the 14th day of March, A. D. 1863, did absent himself from his regiment without permission from proper authority, said regiment then being in the field. This on the march from Baton Rouge to Port Hudson, La." SPECIFICATION 2d-"In this, that he, the said Assistant Surgeon Floyer G. Kittredge, from the afternoon of the 14th March, A. D. 1863, until the morning of the 17th March, A. D. 1863, did continuously absent himself from his regiment, without permission from proper authority, and against special orders from his regimental commander, said regiment then being in the field, supposed to be in the immediate presence of the enemy, and doing picket duty some four miles from the main body of the army. This at and in the vicinity of Cypress Bayou, La.” To which charge and specifications the accused pleaded—“ Not Guilty." The Court, after mature deliberation on the evidence adduced, finds the accused as follows: Of the 1st specification—“ Guilty.” Of the 2d specification-"Guilty." Of the charge-" Guilty." And does therefore sentence him, Floyer G. Kittredge, Assistant Surgeon 31st Massachusetts Volunteers, "to be cashiered." 2. Captain William C. Morris, 133d Regiment New York Volunteers. CHARGE 1st-" Conduct to the prejudice of Good Order and Military discipline." SPECIFICATION 1st--" In this, that he, the said Captain William C. Morris, Com pany H, 133d Regiment New York Volunteers, when ordered by his commanding officer not to reply to him in the ranks, did make use of the following expression s in a loud and contemptuous tone, 'whenever you address me I shall answer you whenever and wherever I damn please,' or words to that effect. All this at brigade drill, near Camp Banks, Baton Rouge, March 13th, 1863." SPECIFICATION 2d-" In this, that he, the said Captain William C. Morris, Company H, 133d Regiment New York Volunteers, when ordered by his commanding officer to return to his quarters under arrest, did violently throw his sword in the direction of his commanding officer, adding, there is my sword; damn it, take it,' or words to that effect. All this at brigade drill, near Camp Banks, Baton Rouge, March 13th, 1863.” SPECIFICATION 3d—“ In this, that he, the said Captain William C. Morris. Company H, 133d Regiment New York Volunteers, when again ordered by his commanding officer to return to his quarters, did pick up his sword and follow his command ing officer, and in a loud and contemptuous manner did insist on his commanding officer receiving his sword. All this at brigade drill, near Camp Banks, Baton Rouge, March 13th, 1863." CHARGE 2d-" Sleeping out of Camp without permission." SPECIFICATION--"In this, that he, the said Captain William C. Morris, Company H, 133d Regiment New York Volunteers, did absent himself from camp, without permission of his commanding officer. All this in presence of the enemy, in Camp, fourteen miles from Port Hudson, on the night of the 15th March, or the morning of the 16th March, 1863." CHARGE 3d Breach of Arrest." SPECIFICATION--" In this, that he, the said Captain William C. Morris, Company H, 133d Regiment New York Volunteers, did absent himself from camp while under arrest, and without permission of his commanding officer. All this in camp, fourteen miles from Port Hudson, on the night of the 15th March, or the morning of the 16th March, 1863. " To which charges and specifications the accused pleaded as follows: To the specification to the 3d charge and the 3d charge--“ Not Guilty.” The Court, after mature deliberation on the evidence adduced, finds the accused as follows: Of the 1st specification to the 1st charge--" Guilty." Of the 1st charge-" Guilty." Of the specification to the 2d charge-" Guilty." Of the specification to the 3d charge-" Guilty " Of the 3d charge-"Guilty." And does therefore sentence him, Captain William C. Morris, 133d Regiment New York Volunteers, " to be cashiered." 3. 2d Lieutenant George D. Wiseburne, 133d Regiment New York Volunteers. CHARGE 1st--" Using contemptuous and disrespectful language against the President of the United States." SPECIFICATION" In this, that he, the said George D. Wiseburne, 2d Lieutenant 133d Regiment New York Volunteers, did use the following disrespectful words against the President of the United States, to wit: The Executive has seen proper to make it (the army) the emancipation of the negro slaves.' This at Baton Rouge, La., on or about the 4th day of February, 1863." CHARGE 2d--“ Behaving himself with contempt and disrespect towards his Commanding Officer." SPECIFICATION" In this, that he, the said George D. Wiseburne, 2d Lieutenant 133d Regiment New York Volunteers, did behave himself with disrespect towards the President, the Commander-in Chief of the Army of the United States, by using the following words, to wit: The Executive has seen proper to make it (the army) the emancipation of the negro slaves.' This at Baton Rouge, La., on or about the 4th day of February, 1863." CHARGE 3d--" Conduct to the prejulice of Good Order and Military Discipline." SPECIFICATION" In this, that the said George D. Wiseburne, 2d Lieutenant 133d Regiment New York Volunteers, did, in tendering his resignation, use the following words: 'I humbly beg to decline serving any longer in the Volunteer Army of the United States,' he having stated as reasons the following, to wit: The Executive has seen proper to make it (the army) the emancipation of the negro slaves,' and 'he has seen fit by his recent proclamation to say that all colored persons, of good condition, will be received into the armed service of the United States, thus making the negro my equal,' all of which is to the prejudice of good order and military discipline. This at Baton Rouge, La., on or about the 4th day of February, 1863.” To which the accused pleaded as follows: To the specification to the 1st charge--" Not Guilty to so much as is contained in brackets (the army.)" To the 1st charge--"Not Guilty." To the specification to the second charge-" Not Guilty to so much as is contained in brackets (the army.)" To the 20 charge--Not Guilty." To the specification to the 3d charge-" Not Guilty to so much as is contained in brackets (the army.)" To the 3d charge--" Not Guilty.” . After mature deliberation on the evidence adduced, the court finds the accused as follows: Of the specification to the 1st charge-" Guilty." Of the 1st charge-" Guilty." Of the specification to the 2d charge--“ Guilty.” Of the 2d charge--" Guilty." Of the specification to the 3d charge--" Guilty." Of the 3d charge-" Guilty." And does therefore sentence him "to receive a public reprimand, to be published before the Army of the Gulf, and ordered to Ship Island for two years, upon such duty as the General Commanding the Department of the Gulf may direct." II. The proceedings, findings and sentence in the case of Assistant Surgeon Floyer G. Kittredge, 31st Regiment Massachusetts Volunteers, can not be ap proved. The evidence does not show to the satisfaction of the Major General Commanding that this officer was guilty of an intentional neglect of duty. The execution of the sentence is suspended until the pleasure of the President can be known. III. The proceedings, findings and sentence in the case of Captain William C. Morris, 133d Regiment New York Volunteers, are confirmed. He ceases from this date to be an officer in the military service of the United States. IV. The proceedings and findings in the case of 2d Lieutenant George D. Wiseburne, 133d Regiment New York Volunteers, are confirmed. The sentence being entirely disproportionate to the magnitude of the offense, is disapproved, and this officer will be recommended to the President for dismissal from the service. BY COMMAND OF MAJOR GENERAL BANKS: OFFICIAL: Aide-de-Camp. RICHARD B. IRWIN, Assistant Adjutant General. 19TH ARMY CORPS, No. 34. Opelousas, April 25, 1863. Sergeants BRADY, STAPLETON, MCCORMICK, REINHARDT, SHEBLE, NEAL, HARRIS, DARKEN, BRANNAN, and two hundred and sixty nine men of the 8th Infantry, Army of the United States, whose names are affixed, having been exchanged by the rebel Government, whose prisoners they were, arrived at New Orleans on the 25th of February, 1863, and a portion of them, under command of Lieutenant Copley Amory, 4th Cavalry, reached this post on the 23d instant, to share with us the honors of this campaign. It has been deemed but an act of justice to these gallant men to relieve them from this service, and to expedite their return to the North. They separate from the command this day. In honor of their departure, the Commanding General has ordered a national salute, and a similar honor will be paid them at their departure from New Orleans. Captain Bainbridge, at Opelousas, and Brigadier General Sherman, at New Orleans, are charged with the execution of this order. These troops were shamefully and unconditionally surrendered to the rebel authorities in Texas, by their commanders, on the 9th day of May, 1861. Separated from their officers, divided into squads, and removed to different posts on the frontiers of Texas, deprived of pay for more than two years, they were subjected to degrading labors, supplied with scanty food and clothing, and sometimes chained to the ground, or made to suffer other severe military punishments. Recruiting officers visited them daily, offering them commissions and large bounties, to desert their flag. Notwithstanding the false reports of the overthrow of their Government, which seduced so many men of higher pretensions and position, unsustained by counsel with each other, with few exceptions, they repelled the bribes and avoided the treason. Those who chose a different course, did it to escape their prison. No Government had ever more loyal supporters. Officers of the army and navy, to whom they had a right to turn for counsel and example, who had been educated by the Government, who never received a month's pay that was not drawn from its coffers, nor bore an honor that it did not confer, at the first suggestion of treason betrayed the mother that nursed them, and deserted the flag that protected them. With every branch of the Government within their control, and the continent under their feet, they yielded to the indecency and folly of the rebellion, and without a shadow of cause sought to blacken the name of America and Americans, by fastening upon them the greatest crime of human history-that of destroying the best government ever framed, and annihilating the hopes of the human race in Republican liberty. Thank God! the officers could not corrupt the men they com |