War of the Rebellion: Serial 040 Page 0067 Chapter XXXVII. CORRESPONDENCE, ETC.-UNION.

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AN ACT relative to courts-martial in the Army.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in time of war the commander of a division or separate brigade may appoint general courts-martial, and confirm, execute, pardon, and militate their sentences, as allowed and restrained in the sixty-fifth and eighty-ninth articles of war to commanders of armies and departments: Provided, That sentences od such courts extending to loss of life, or discission of a commissioned officer, shall require the confirmation of the general commanding the army in the field to which the division or brigade belongs: And provided further: That when the division or brigade commander shall be the accuser or prosecutor, the court shall be appointed by the next higher commander.

Approved, December 24, 1861.

The foregoing act is so far modified by section 5 of the act of July 17, 1862, as to require that no sentence of death be carried into execution until the same shall have been approved by the President.

III. The attention of all officers concerned is directed to Paragraphs 891 and 896, General Regulations, which are as follows:

Paragraph 891. Every court-martial shall keep a complete and accurate record of its proceedings, to be authenticated by the signature of the president and judge-advocate, who shall also certify, in like manner, the sentence pronounced by the court in each case. The record must show that the court was organized as the law requires; that the court and judge-advocate were duly sworn in the presence of the prisoner; that he was previously asked whether he had any objection to any member, and his answer thereto. A copy of the order appointing the court will be entered on the record in each case.

Paragraph 896. The judge-advocate shall transmit the proceedings, without delay, to the officer having authority to confirm the sentence, who shall state, at the end of the proceedings in each case, his decision and orders thereon.

IV. Subsistence stores may be sold and issued to citizens residing within the limits of this army by commissaries of subsistence, under the following restrictions:

1. A. certificate, under oath of the purchaser, that he is without the means of subsistence, and that he is unable to sustain life without being permitted to make such purchases. This certificate to be approved by the corps commander to whom application is made, who may thereupon direct the sales. Such sales shall not at one time exceed the quantity necessary to sustain the applicant and the members of his family five days.

2. Issues to destitute citizens may be made under the same restrictions, upon returns approved by the provost-marshal-general of the Army of the Potomac.

The parties in all cases will be required to take the oath of allegiance before sales or issues are made to them.

V. Capts. Benjamin C. Berry and Allen M. Seymour, Second Regiment New York Cavalry, having deserted their regiment while on the march of meet the enemy, January 21, 1863, and having left this army without proper authority, and continued absent up to the present time, are dishonorably dismissed from the military service of the United States, subject to the approval of the President.

By command of Major-General Hooker:


Assistant Adjutant-General.

BALTIMORE, MD., February 11, 1863.

Colonel J. C. KELTON,

Assistant Adjutant-General, Hdqrs. of the Army:

COLONEL: I received yesterday the telegram of the General-in-Chief in relation to the pontoon bridge here, which I had ordered to Harper's