War of the Rebellion: Serial 041 Page 0206 W. FLA., S. ALA., S. MISS., LA., TEX., N. MEX. Chapter XXXVIII.

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CHARGE 2D.-Drunkenness on duty.

Specification.-In this, that he, Colonel Joseph S. Morgan, Ninetieth Regiment New York Volunteers, while in command of the First Brigade, Fourth Division, Nineteenth Corps, in face of the enemy, did become so drunk as to be utterly unfit for duty, thereby exposing his command to disaster, and disgracing his position before his whole command. This on Bayou La Fourche, near Donaldsonville, La., on or about the 13th day of July, 1863.

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 1st specification of 1ST CHARGE, "Guilty," except as to the words his "superior officer," in the fifth line; also the word "his," in the seventh line; also the word "superior," in the eighth line.

Of the 2nd specification of 1ST CHARGE, "Not guilty."

Of the 1ST CHARGE, "Guilty."

Of the specification of the 2nd CHARGE, "Guilty,"

Of the 2nd CHARGE, "Guilty."

And does therefore sentence him, Colonel Joseph S. Morgan, Ninetieth Regiment New York Volunteers, to be cashiered, and utterly disqualified from holding any office or employment under the Government of the United States."

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VII. The major-general commanding disapproves of the proceedings, findings, and sentence in the case of Colonel Joseph S. Morgan, Ninetieth Regiment New York Volunteers, the evidence appearing too conflicting and unsatisfactory. The execution of the sentence is suspended until the pleasure of the President can be known.

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By command of Major-General Banks:

G. NORMAN LIEBER,

Acting Assistant Adjutant-General.

WAR DEPARTMENT, JUDGE-ADVOCATE-GENERAL'S OFFICE,

Washington, D. C., June 20, 1865.

Lieutenant Colonel R. N. SCOTT,

In Charge Publication Office War Records, 1861-'65:

COLONEL: In reply to yours of to-day, I have the honor to inform you that it appears from the proceedings in the case of Colonel Joseph S. Morgan, Ninetieth New York Infantry, that the record was returned by this office to Major-General Banks, the reviewing officer, October 10, 1863, with instructions that, "as the proceedings, findings, and sentence had been disapproved, no sentence remained for the action of the President. The proceedings against the accused were therefore terminated, and he should be released."

General Banks thereupon, on October 26, 1863, ordered the accused to be released and returned to duty.

Very respectfully,

G. NORMAN LIEBER,

Acting Judge-Advocate-General.