War of the Rebellion: Serial 041 Page 0649 Chapter XXXVIII. CORRESPONDENCE, ETC.-UNION.

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GENERAL ORDERS,

HDQRS. DEPT. OF THE GULF, 19TH A. C., Numbers 52.

July 20, 1863.

General Orders, Numbers 45, current series, headquarters Department of the Gulf,* is hereby amended to read as follows:

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 judgment upon--

1. 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.

2. All civil crimes against the persons or property of the inhabitants, committed by any person in the military service of the United States.

3. 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.

The court will exercise original and exclusive jurisdiction in all the above cases, but when the penalty extends to loss of life or the dismissal of a commissioned officer, the sentence of the court shall be subject to the approval of the major-general commanding the department.

The court shall have power to bring before it, and the examine into the cause of confinement of any person held imprisoned within the department, provided that, upon the application of the person so held imprisoned, it shall be made to appear that he is not undergoing the sentence of any court of competent civil or military jurisdiction, nor awaiting trial in such court, nor confined by order of the major-general commanding the department, or of the commander of the Defenses of New Orleans in his absence. And the court, nor confined by order of the major-general commanding the department, or of the commander of the Defenses of New Orleans in his absence. And the court, upon such examination, shall have power to discharge the prisoner from confinement, or to make such other order or decision as the justice of the case may require.

The sessions of the court will be held at the city of New Orleans, or such other point as may from time to time be designated in orders.

Colonel Charles C. Dwight, One hundred and sixtieth 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:

RICH'D B. IRWIN,

Assistant Adjutant-General.

HDQRS. DEPT. OF THE GULF, NINETEENTH ARMY CORPS, Port Hudson, July 21, 1863.

Major General N. P. BANKS,

Commanding Department of the Gulf, New Orleans:

GENERAL: Brigadier-General Andrews has sent a small cavalry force to the opposite side of the Mississippi River, along the Fausse River, with orders to collect all the able-bodied black men and bring them here. I regard this as a false military move. The district opposite is one containing a large number of small farmers, the best disposed to the Government I have seen in this State. Their negroes are few, and are reported to be contented and quiet. IF they are forcibly taken from their homes and put into the ranks, we shall gain a few worthless soldiers and have on our hands hundreds of their families to feed, and shall

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*Of June 2, p. 533.

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