GENERAL ORDERS

No. 45.

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

Before Port Hudson, June 2, 1863.

A Military Court, to be known as the Provost Court of the Department of the Gulf, is hereby constituted, for the purpose of hearing, deciding and passing judg ment upon :

I. All cases of violations of General or Special Orders, violations of the Rules and Articles of War, violations of the recognized laws of war, or other offenses arising under the military jurisdiction, where the offender is not in the military service of the United States, and where the penalty does not extend to loss of life.

II. All civil crimes against the persons or property of the inhabitants, committed by any person in the military service of the United States, where the penalty does not extend to loss of life or the dismissal of a commissioned officer.

III. All other cases, arising under the military jurisdiction, which may be specially referred to the Court by the Commanding General or the Provost Marshal General of the Department.

This Court will exercise original and exclusive jurisdiction in all the above cases, and will hold its sessions at the city of New Orleans, or such other point as may, from time to time, be designated in orders.

Colonel CHARLES C. DWIGHT, 160th New York, is appointed Judge of the Court hereby authorized and established, and will enter upon his duties immediately.

BY COMMAND OF MAJOR GENERAL BANKS:

RICHARD B. IRWIN,

Assistant Adjutant General.

OFFICIAL:

Aide-de-Camp.

GENERAL ORDERS

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

No. 46.

Before Port Hudson, June 2, 1863.

I. Before a General Court Martial, convened at Thibodeaux, La., pursuant to Special Orders No. 1, of January 1st, 1863, from these Headquarters, and of which 1st Lieuteuant J. H. HINMAN, 75th New York Volunteers, is President, were arraigned and tried :

1.

2d Lieutenant Frederick J. Fuller, 8th Regiment Vermont Volunteers. CHARGE 1st--" Violation of the 42d Article of War."

SPECIFICATION-"That the said 2d Lieutenant Frederick J. Fuller, Company C, 8th Regiment Vermont Volunteers, left his company and regiment while in the field near Bayou Bœuf, La., went to Algiers and remained several days, thus living out of camp without leave from his superior officers. This on or about the 16th day of November, 1862, near Bayou Bœuf, La."

CHARGE 2d-" Violation of the 44th Article of War."

SPECIFICATION--" That the said 2d Lieutenant Frederick J. Fuller, Company C, 8th Regiment Vermont Volunteers, failed to appear at the regular parades and other duties appointed by his superior officers, while the regiment was in the field. This at Bayou Bœuf, La., on or about the 26th day of November, 1862."

To which charges and specifications the accused pleaded " 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 20 charge-" Guilty."

And does therefore sentence him, 2d Lieutenant Frederick J. Fuller, 8th Regiment Vermont Volunteers, "to be dismissed the service."

Additional charges and specifications against 2d Lieutenant Frederick J. Fuller, 8th Regiment Vermont Volunteers:

CHARGE 1st- Conduct unbecoming an Officer and a Gentleman." SPECIFICATION--"In this, that 2d Lieutenant Frederick J. Fuller, Company C, 8th Regiment Vermont Volunteers, left camp without leave and in violation of orders, taking with him several privates, and when he returned to camp, after some hours

absence, he was drunk and utterly unfit for duty. This while in face of the enemy, and when an attack was daily apprehended, at or near Bayou des Allemands, La., on or about the 25th of June, 1862."

CHARGE 2d

Being drunk when an attack was expected by the enemy.”

SPECIFICATION"In this, that 2d Lieutenant Frederick J. Fuller, being in command of Company C, on account of the sickness of the Captain, left camp without leave and in direct violation of orders, and took with him a number of the members of his company, and went a distance of five or six miles from camp. When he returned he was so drunk as to be unfit for duty, and so noisy as to require the presence of the Officer of the Day, or commanding officer, to preserve order, he, the said Fuller, being in a room with privates carousing, and at the same time using improper and disrespectful language to the commanding officer or Officer of the Day, saying, 'I won't stop my noise until I get ready,' or words to that effect. This while at or near Bayou des Allemands, on or about the 4th day of July, 1862."

To 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 to the 1st charge-"Not Guilty."

Of the 1st charge-" Not Guilty."

Of the specification to the 2d charge--" Not Guilty.

Of the 2d charge--"Guilty."

And does therefore sentence him to be publicly reprimanded by his commanding officer."

3d ADDITIONAL CHARGE--" Disobedience of Orders and Neglect of Duty." SPECIFICATION 1st-"In this, that the said 2d Lieutenant Frederick J. Fuller, 8th Regiment Vermont Volunteers, did absent himself from camp without leave, in violation of the orders of his superior officer, and was absent from battalion drill, dress parades and roll-call. This at camp at Algiers, La., on the 7th day of August.”

SPECIFICATION 2d-" In this, that the said 2d Lieutenant Frederick J. Fuller, 8th Regiment Vermont Volunteers, did absent himself from camp without leave, and in violation of the orders of his superior officers, and was absent from battalion drill, dress parade and roll-call, on or about the 10th and 11th days of August, at camp, in Algiers, La.

To which charge and specifications the accused pleaded as follows:

To the 1st specification—“ Guilty, excepting the words 'from camp.'"

To the second specification--“ Guilty, excepting the words 'from camp.'"

To the charge-“ Guilty.”

After mature deliberation, the Court confirms the plea of the accused, and does therefore sentence him "to be suspended from command for the period of one month, and to be publicly reprimanded by his commanding officer."

Additional charges and specifications against 2d Lieutenant Frederick J. Fulier, 8th Regiment Vermont Volunteers.

CHARGE 4th Conduct unbecoming an Officer and a Gentleman."

SPECIFICATION "In this, that 2d Lieutenant Frederick J. Fuller did sell to certain privates or non-commissioned officers intoxicating liquors. This at or near Brashear City, on or about the 23d of December, 1862."

CHARGE 5th Conduct to the prejudice of Good Order and Military Discipline.”

SPECIFICATION" In this, that 2d Lieutenant Frederick J. Fuller did, while under arrest, and in camp, at or near Brashear City, La., keep in his tent or other place intoxicating liquors for sale, and did sell the same to privates and others, This at or near Brashear City, La., on or about the 23d of December, 1862.”

To which the prisoner pleaded as follows:

To the specification to 1st charge-" Guilty."

To the 1st charge--"Guilty."

To the specification to 2d charge--" Guilty, except the words 'for sale.""
To the 2d charge-" Guilty."

The Court, after mature deliberation, confirms the plea of the accused, and does therefore sentence him "to be dismissed the service."

Additional charge and specification against 2d Lieutenant Frederick J. Fuller, Company C, 8th Regiment Vermont Volunteers.

CHARGE 6th--" Disobedience of Orders."

SPECIFICATION "In this, that the said Frederick J. Fuller, Company C, 8th Regiment Vermont Volunteers, in violation of General Orders No. 38, issued by Major General Butler, commanding Department of the Gulf, did permit a white woman, not his wife, to be in and remain in his quarters for a long time, to wit, one month, and did then and there cohabit with her, the said white woman, in violation of said General Orders No. 38, to the prejudice of good order and military discipline. This at Algiers, La., during the months of September and October, 1862."

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-" Not Guilty."

Of the charge--" Not Guilty."

And does therefore acquit him.

2. 2d Lieutenant Carter H. Nason, 8th Regiment Vermont Volunteers. CHARGE" Conduct to the prejudice of Good Order and Military Discipline." SPECIFICATION" In this, that the said 2d Lieutenant Carter H. Nason, of Company F, 8th Regiment Vermont Volunteers, did absent himself from his company from the 24th day of October, 1862, to the 23d day of November, 1862."