War of the Rebellion: Serial 038 Page 0161 Chapter XXXVI. CORRESPONDENCE, ETC. -UNION.

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Article 60 was the result of a "necessity" felt among armies in the field (see De Hart, PAGE 23; Benet, PAGE 29), and is, therefore, especially applicable to the present case. The persons in question, therefore, should be tried by court-martial under this article. "

J. HOLT,

Judge-Advocate-General.

[Inclosure.]

YAZOO RIVER, March 29, 1863.

In the case of Josiah Reeder, pilot on board the ram Queen of the West, on whom a court of inquiry was held for refusing to perform the duty for which it was supposed he enlisted, the charges were all sustained, but the court do find:

1. That the accused was discharged by Colonel Charles R. Ellet after the offense was committed, Colonel Ellett taking no steps in the matter, except to complain to the admiral.

2. It appears that the accused received assurance from General Ellet, at Mound City, III., that the accused would not be required to run heavy batteries if he shipped in the ram fleet.

3. That, as shown by the evidence of G. W. Linsay, SECOND master in the ram fleet, pilots, engineers, firemen, and men on board the ram fleet do not consider themselves as belonging to either army or navy.

4. That there is an ignorance existing as to what laws and regulations they are subject.

5. That some have been allowed to disobey orders and others have been punished for it.

6. That the discipline of the ram fleet was not very good.

7. That pilots, engineers, and boatmen in the ram fleet are subject to the orders of the colonel commanding the ram fleet.

8. That all officers and men have to obey orders emanating from their superior officers.

9. That Colonel Charles R. Ellet did, on 1st of February, 1863, give to three of his engineers the privilege of going on the Queen of the WEST past the Vicksburg batteries or not, and that later in the day Colonel Ellet told the same three engineers that they would have to go by the Vicksburg batteries, and they went.

10. That a discharge from a ram is the order from the commanding officer to the paymaster to pay the person the money due him.

In consideration of the imperfect understanding had with the immediate commanders of the ram fleet, and apparently irregular manner of doing things on those vessels, the accused is hereby released from any further proceedings, and is at liberty to go w

DAVID D. PORTER.

CORINTH, March 31, 1863.

Captain BINMORE, Assistant Adjutant-General, Memphis:

Scouts in from Mount Pleasant and Lawrenceburg, Tenn., report about 1,500 cavalry at Lawrenceburg and large force at Mount Pleasant, and have fallen back to Lowryville; one brigade at Waynesborough. Most of these forces belong to Van Dorn's command, and are scattered out to obtain forage and subsistence. Everything not needed for the supply of his troops Johnston has sent to the rear. It is the common rumor that Johnston will fall back. They report heavy skirmishing in front

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*This indorsement transmitted by the Adjutant-General to General Ellet, July 25, 1863.

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11 R R-VOL XXIV, PT III