Diary of Corporal Lawrence Van Alstyne: Saturday, October 11, 1862

Before daylight. We have been turned out, for some purpose, and are standing in line with our guns and accoutrements on.

Later. Are back in quarters, waiting to see what comes next. It has at last begun to rain and has every appearance of keeping it up. I don't suppose it will interfere with our movements, though it can make it unpleasant for us.

8 a. m. The papers have come, and say Stuart's Cavalry have invaded Pennsylvania, and are taking all the horses they can lay hands on.

Later. We have orders to pack up two days' rations, and have just been given forty rounds of ammunition. Begins to look like business now, We are in line waiting for further orders, and I am improving the time by keeping my diary right plump up to the minute. One man is missing, absent without leave. Not a soul of us knows which way we are to go or what for. If we were mounted I would think we were going to stop Stuart's horse-stealing, but as we are on foot that can hardly be.

Noon. At the foot of Biddle Street, Baltimore, waiting for transportation. From all I can learn, our movements depend on dispatches from some higher authority, yet to be received. Major Foster's horse fell and hurt the major's leg, but he has caught up with us, though he has quite a limp.

Night. Here we sit, or stand, just as we choose, still waiting for a train. It has rained nearly all day, and we are wet and cold, and everyone is cross, even to the officers. Just then our regimental post-master caught up with us, and gave me a letter from Mrs. Loucks, also one from uncle Daniel. My sister says a box of good things is on the way for us. Too bad it didn't come before we left. No telling whether we get it now or not. Well, such is war.

SOURCE:  Lawrence Van Alstyne, Diary of an Enlisted Man, p. 47-8

General Robert E. Lee’s General Orders No. 2, February 11, 1865

GENERAL ORDERS No. 2.}

HDQRS. ARMIES OF THE CONFD. STATES,        

February 11, 1865.

In entering upon the campaign about to open, the general-in-chief feels assured that the soldiers who have so long and so nobly borne the hardships and dangers of the war require no exhortation to respond to the calls of honor and duty.

With the liberty transmitted by their forefathers they have inherited the spirit to defend it.

The choice between war and abject submission is before them.

To such a proposal brave men, with arms in their hands, can have but one answer.

They cannot barter manhood for peace nor the right of self-government for life or property.

But justice to them requires a sterner admonition to, those who have abandoned their comrades in the hour of peril.

A last opportunity is afforded them to wipe out the disgrace and escape the punishment of their crimes.

By authority of the President of the Confederate States, a pardon is announced to such deserters and men improperly absent as shall return to the commands to which they belong within the shortest possible time, not exceeding twenty days from the publication of this order, at the headquarters of the department in which they may be.

Those who may be prevented by interruption of communications, may report within the time specified to the nearest enrolling officer or other officer on duty, to be forwarded as soon as practicable, and, upon presenting a certificate from such officer showing compliance with the requirement, will receive the pardon hereby offered.

Those who have deserted to the service of the enemy, or who have deserted after having been once pardoned for the same offense, and those who shall desert or absent themselves without authority after the publication of this order, are excluded from its benefits. Nor does the offer of pardon extend to other offenses than desertion and absence without permission.

By the same authority it is also declared that no general amnesty will again be granted, and those who refuse to accept the pardon now offered, or who shall hereafter desert or absent themselves without leave, shall suffer such punishment as the courts may impose, and no application for clemency will be entertained.

Taking new resolution from the fate which our enemies intend for us, let every man devote all his energies to the common defense.

Our resources, wisely and vigorously employed, are ample, and with a brave army, sustained by a determined and united people, success with God's assistance cannot be doubtful.

The advantages of the enemy will have but little value if we do not permit them to impair our resolution. Let us then oppose constancy to adversity, fortitude to suffering, and courage to danger, with the firm assurance that He who gave freedom to our fathers will bless the efforts of their children to preserve it.

R. E. LEE,        

General.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 46, Part 2 (Serial No. 96), p. 1229-30

Diary of Private W. J. Davidson, January 15, 1863

Nothing of the least possible interest to any one has transpired since our confinement in quarantine. We draw our rations, cook, eat, sleep, and play cards, occasionally varying the monotony by telling yarns, abusing the officers, and telling what we will do when we get back to old Tennessee. The latter seems to be the desire of every heart, and is so strong in some that, added to the fear of the small-pox, it has caused a dozen of Captain ———'s men to take "French leave"—in other words, to desert and go home. Several new cases reported yesterday and to-day. I fear we will suffer greatly before we get rid of this loathsome pest. Having been well vaccinated, I dread being placed in "durance vile" for such a length of time more than I do the effect of the disease; but I may lose my life, or have my good looks spoiled. I pray God that I may escape. Evening. The rain has now ceased, and the wind is blowing strongly from the north. I did not expect to find the cold so intense in this land of "everlasting green," but so it is. A few flakes of snow are now falling, but melt as they touch the earth.

SOURCE: Edwin L. Drake, Editor, The Annals of the Army of Tennessee and Early Western History, Vol. 1, p. 20

Diary of Private Louis Leon: December 20, 1862

Went uptown to-day on French leave, and when I returned was put on guard duty for going.

SOURCE: Louis Leon, Diary of a Tar Heel Confederate Soldier, p. 14

Diary of Private Louis Leon: December 15, 1862

Sure enough. Got orders to cook five days' rations. We started at 2 A.M. and got to Petersburg at 8 o'clock that night. I ran the blockade, and went uptown and stayed all night and had a very good time.

SOURCE: Louis Leon, Diary of a Tar Heel Confederate Soldier, p. 13

Diary of Private Louis Leon: December 16, 1862

I returned this morning and was not missed. We left here with the cars at 8 A.M., and got to Weldon at 3 P.M. on the 17th.

SOURCE: Louis Leon, Diary of a Tar Heel Confederate Soldier, p. 13

Brigadier-General Lorenzo Thomas to Major-General Henry W. Halleck, March 10, 1862

HEADQUARTERS OF THE ARMY,         

Adjutant-General's Office, Washington, March 10, 1862.

Maj. Gen. H. W. HALLECK,  U. S. A.,

Commanding Department of the Mississippi, Saint Louis :

It has been reported that soon after the battle of Fort Donelson Brigadier-General Grant left his command without leave. By direction of the President the Secretary of War desires you to ascertain and report whether General Grant left his command at any time without proper authority, and, if so, for how long; whether he has made to you proper reports and returns of his force; whether he has committed any acts which were unauthorized or not in accordance with military subordination or propriety, and, if so, what.

 L. THOMAS,

 Adjutant-General.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 7 (Serial No. 7), p. 683

Captain Charles Wright Wills: April 9, 1864

Scottsboro, Ala., April 9, 1864.

Don't be alarmed and imagine that I have “photos” on the brain. This is in all probability the last remittance of the article that I shall make you. General Corse, our old brigade commander, we think a great deal of, and would like to have you preserve his picture. The little soldier, Johnny Clem, was a sergeant at the time of the Chickamauga battle, and fought like a hero. His comrades say he killed a Rebel officer of high rank there. For his gallant conduct in that massacre, General Thomas gave him a lieutenancy and position on his staff, where he now is. He is almost a perfect image of one, Willie Blackburn, who was my orderly in the 7th.

The day of jubilee has come at this post; that is, we have, once more, something fit to eat. This is the first day since we've been here that our commissary has furnished us with aught but regular rations. We can wish for nothing now, except “marching orders.” My men are in splendid condition. Everyone of them in A1 health and spirits. All the veterans of the division are back, except the three regiments of our brigade. The 55th Illinois has at last concluded to veteran. Two hundred of them will be at home shortly. They held a new election, left Malmsberg and Chandler out in the cold, and I understand, a goodly number of their best officers besides. Men who have not been under good disciplinarians, will almost invariably, if an election is allowed, choose good fellows for officers. That is, men who allow everything to go at loose ends, who have no business whatever with commissions. Captain Milt. Hainey and Captain Augustine, I understand, are to be colonel and lieutenant colonel of the 55th. They are said to be good men and officers, and exceptions to the above, but my experience is such exceptions are rare, and I'd rather time would prove them than man's words. I believe my company would veteran, almost unanimously, to-day. I am still on court-martial duty, and having a very easy time. We seldom sit over two hours, and never more than four hours a day. The most of the cases are for desertion, and absence without leave, with occasionally a shooting or cutting affair among some drunken men. The major and several of the other officers are absent at Nashville on a shopping excursion. Captain Wyskoff is commanding. He has been trying for the last eight months to resign, but papers come back every time disapproved. It's hard work now to get out of the army. By a few items I have seen in the papers, believe the 17th Army Corps is coming up the river. Wish they would be sent here. We need another corps to move with us on to Rome. Suppose that Grant thinks he must have the 17th with him at Richmond. Operations cannot possibly commence here for 25 days yet. Wish we could move to-morrow. Colonel Wright and I were out a few miles this p. m. to see a couple of maidens. While we were enjoying our visit a party of excited citizens (all liable to the Southern conscription) rush in, and kindly invite us to go down to Fossets' in the bottom, and clean out a half dozen “guerils” who were there after conscripts. ’Twas only a half mile through the woods to Fossets’ and that was closer than we wanted to be to such a party (we had no arms). So we told the excited citizens that they and the guerillas could all go to the d---1 and we'd go to camp. Within a mile of camp we met a company on the way to look for the Rebels, but I know they might as well look for a religious chaplain in the army as for the Rebels in that swamp. There is hardly a sign of spring here yet. Have certainly never seen vegetation as far advanced North at this season as it is here now. Need a fire every day. The last month has been colder than January was. I met a woman to-day who prides herself on belonging to one of the first families of Virginia and boasts that her grandsire's plantation and George Washington's almost joined, and showed me a negro woman 110 years old, that formerly waited upon George Washington. She claims to be chivalry, par excellence. Her husband is in the Rebel Army. She lives off of the United States Commissary Department, and begs her chewing tobacco of United States soldiers. She's a Rebel, and talks it with her mouth full of Uncle Sam's bread and bacon.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 223-5

An Act for Enrolling and Calling Out the National Forces, and for other Purposes, March 3, 1863

Whereas there now exist in the United States an insurrection and rebellion against the authority thereof, and it is, under the Constitution of the United States, the duty of the government to suppress insurrection and rebellion, to guarantee to each State a republican form of government, and to preserve the public tranquillity; and whereas, for these high purposes, a military force is indispensable, to raise and support which all persons ought willingly to contribute; and whereas no service can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and Union, and the consequent preservation of free government: Therefore —

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of twenty and forty-five years, except as hereinafter excepted, are hereby declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States when called out by the President for that purpose.

Sec. 2. And be it further enacted, That the following persons be, and they are hereby, excepted and exempt from the provisions of this act, and shall not be liable to military duty under the same, to wit: Such as are rejected as physically or mentally unfit for the service; also, First the Vice-President of the United States, the judges of the various courts of the United States, the heads of the various executive departments of the government, and the governors of the several States. Second, the only son liable to military duty of a widow dependent upon his labor for support. Third, the only son of aged or infirm parent or parents dependent upon his labor for support. Fourth, where there are two or more sons of aged or infirm parents subject to draft, the father, or, if he be dead, the mother, may elect which son shall be exempt. Fifth, the only brother of children not twelve years old, having neither father nor mother dependent upon his labor for support. Sixth, the father of motherless children under twelve years of age dependent upon his labor for support. Seventh, where there are a father and sons in the same family and household, and two of them are in the military service of the United States as noncommissioned officers, musicians, or privates, the residue of such family and household, not exceeding two, shall be exempt. And no persons but such as are herein excepted shall be exempt: Provided, however, That no person who has been convicted of any felony shall be enrolled or permitted to serve in said forces.

Sec. 3. And be it further enacted, That the national forces of the United States not now in the military service, enrolled under this act, shall be divided into two classes: the first of which shall comprise all persons subject to do military duty between the ages of twenty and thirty-five years, and all unmarried persons subject to do military duty above the age of thirty-five and under the age of forty-five; the second class shall comprise all other persons subject to do military duty, and they shall not, in any district, be called into the service of the United States until those of the first class shall have been called.

Sec. 4. And be it further enacted, That, for greater convenience in enrolling, calling out, and organizing the national forces, and for the arrest of deserters and spies of the enemy, the United States shall be divided into districts, of which the District of Columbia shall constitute one, each territory of the United States shall constitute one or more, as the President shall direct, and each congressional district of the respective states, as fixed by a law of the state next preceding the enrolment, shall constitute one: Provided, That in states which have not by their laws been divided into two or more congressional districts, the President of the United States shall divide the same into so many enrolment districts as he may deem fit and convenient.

Sec. 5. And be it further enacted, That for each of said districts there shall be appointed by the President a provost-marshal, with the rank, pay, and emoluments of a captain of cavalry, or an officer of said rank shall be detailed by the President, who shall be under the direction and         subject to the orders of a provost-marshal-general, appointed or detailed by the President of the United States, whose office shall be at the seat of government, forming a separate bureau of the War Department, and whose rank, pay, and emoluments shall be those of a colonel of cavalry.

Sec. 6. And be it further enacted, That it shall be the duty of the provost-marshal-general, with the approval of the Secretary of War, to make rules and regulations for the government of his subordinates; to furnish them with the names and residences of all deserters from the army, or any of the land forces in the service of the United States, including the militia, when reported to him by the commanding officers; to communicate to them all orders of the President in reference to calling out the national forces; to furnish proper blanks and instructions for enrolling and drafting; to file and preserve copies of all enrolment lists; to require stated reports of all proceedings on the part of his subordinates; to audit all accounts connected with the service under his direction; and to perform such other duties as the President may prescribe in carrying out the provisions of this act.

SEC. 7. And be it further enacted, That it shall be the duty of the marshals. provost-marshals to arrest all deserters, whether regulars, volunteers, militiamen, or persons called into the service under this or any other act of Congress, wherever they may be found, and to send them to the nearest military commander or military post; to detect, seize, and confine spies of the enemy, who shall without unreasonable delay be delivered to the custody of the general commanding the department in which they may be arrested, to be tried as soon as the exigencies of the service permit; to obey all lawful orders and regulations of the provost-marshal-general, and such as may be prescribed by law, concerning the enrolment and calling into service of the national forces.

SEC. 8. And be it further enacted, That in each of said districts there  shall be a board of enrolment, to be composed of the provost-marshal, as president, and two other persons, to be appointed by the President of the United States, one of whom shall be a licensed and practising physician and surgeon.

SEC. 9. And be it further enacted, That it shall be the duty of the said board to divide the district into sub-districts of convenient size, if they shall deem it necessary, not exceeding two, without the direction of the Secretary of War, and to appoint, on or before the tenth day of March next, and in each alternate year thereafter, an enrolling officer for each sub-district, and to furnish him with proper blanks and instructions; and he shall immediately proceed to enrol all persons subject to military duty, noting their respective places of residence, ages on the first day of July following, and their occupation, and shall, on or before the first day of April, report the same to the board of enrolment, to be consolidated into one list, a copy of which shall be transmitted to the provost-marshal-general on or before the first day of May succeeding the enrolment: Provided, nevertheless, That if from any cause the duties prescribed by this section cannot be performed within the time specified, then the same shall be performed as soon thereafter as practicable.

SEC. 10. And be it further enacted, That the enrolment of each class shall be made separately, and shall only embrace those whose ages shall be on the first day of July thereafter between twenty and forty-five years.

SEC. 11. And be it further enacted, That all persons thus enrolled shall be subject, for two years after the first day of July succeeding the enrolment, to be called into the military service of the United States, and to continue in service during the present rebellion, not, however, exceeding the term of three years; and when called into service shall be placed on the same footing, in all respects, as volunteers for three years, or during the war, including advance pay and bounty as now provided by law.

SEC. 12. And be it further enacted, That whenever it may be necessary to call out the national forces for military service, the President is hereby authorized to assign to each district the number of men to be furnished by said district; and thereupon the enrolling board shall, under the direction of the President, make a draft of the required number, and fifty per cent. in addition, and shall make an exact and complete roll of the names of the persons so drawn, and of the order in which they were drawn, so that the first drawn may stand first upon the said roll, and the second may stand second, and so on; and the persons so drawn shall be notified of the same within ten days thereafter, by a written or printed notice, to be served personally or by leaving a copy at the last place of residence, requiring them to appear at a designated rendezvous to report for duty. In assigning to the districts the number of men to be furnished therefrom, the President shall take into consideration the number of volunteers and militia furnished by and from the several states in which said districts are situated, and the period of their service since the commencement of the present rebellion, and shall so make said assignment as to equalize the numbers among the districts of the several states, considering and allowing for the numbers already furnished as aforesaid and the time of their service.

SEC. 13. And be it further enacted, That any person drafted and notified to appear as aforesaid, may, on or before the day fixed for his appearance, furnish an acceptable substitute to take his place in the draft; or he may pay to such person as the Secretary of War may authorize to receive it, such sum, not exceeding three hundred dollars, as the Secretary may determine, for the procuration of such substitute; which sum shall be fixed at a uniform rate by a general order made at the time of ordering a draft for any state or territory; and thereupon such person so furnishing the substitute, or paying the money, shall be discharged from further liability under that draft. And any person failing to report after due service of notice, as herein prescribed, without furnishing a substitute, or paying the required sum therefor, shall be deemed a deserter, and shall be arrested by the provost-marshal and sent to the nearest military post for trial by court-martial, unless, upon proper showing that he is not liable to do military duty, the board of enrolment shall relieve him from the draft.

SEC. 14. And be it further enacted, That all drafted persons shall, on arriving at the rendezvous, be carefully inspected by the surgeon of the board, who shall truly report to the board the physical condition of each one; and all persons drafted and claiming exemption from military duty on account of disability, or any other cause, shall present their claims to be exempted to the board, whose decision shall be final.

SEC. 15. And be it further enacted, That any surgeon charged with the duty of such inspection who shall receive from any person whomsoever any money or other valuable thing, or agree, directly or indirectly, to receive the same to his own or another's use for making an imperfect inspection or a false or incorrect report, or who shall wilfully neglect to make a faithful inspection and true report, shall be tried by a court-martial, and, on conviction thereof, be punished by fine not exceeding five hundred dollars nor less than two hundred, and be imprisoned at the discretion of the court, and be cashiered and dismissed from the service.

SEC. 16. And be it further enacted, That as soon as the required number of able-bodied men liable to do military duty shall be obtained from the list of those drafted, the remainder shall be discharged; and all drafted persons reporting at the place of rendezvous shall be allowed travelling pay from their places of residence; and all persons discharged at the place of rendezvous shall be allowed travelling pay to their places of residence; and all expenses connected with the enrolment and draft, including subsistence while at the rendezvous, shall be paid from the appropriation for enrolling and drafting, under such regulations as the President of the United States shall prescribe; and all expenses connected with the arrest and return of deserters to their regiments, or such other duties as the provost-marshal shall be called upon to perform, shall be paid from the appropriation for arresting deserters, under such regulations as the President of the United States shall prescribe: Provided, The provost-marshals shall in no case receive commutation for transportation or for fuel and quarters, but only for forage, when not furnished by the government, together with actual expenses of postage, stationery, and clerk hire authorized by the provost-marshal-general.

SEC. 17. And be it further enacted, That any person enrolled and drafted according to the provisions of this act who shall furnish an acceptable substitute, shall thereupon receive from the board of enrolment a certificate of discharge from such draft, which shall exempt him from military duty during the time for which he was drafted; and such substitute shall be entitled to the same pay and allowances provided by law as if he had been originally drafted into the service of the United States.

SEC. 18. And be it further enacted, That such of the volunteers and militia now in the service of the United States as may reënlist to serve one year, unless sooner discharged, after the expiration of their present term of service, shall be entitled to a bounty of fifty dollars, one half of which to be paid upon such reënlistment, and the balance at the expiration of the term of reënlistment; and such as may reënlist to serve for two years, unless sooner discharged, after the expiration of their present term of enlistment, shall receive, upon such reënlistment, twenty-five dollars of the one hundred dollars bounty for enlistment provided by the fifth section of the act approved twenty-second of July, eighteen hundred and sixty-one, entitled “An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property.”

SEC. 19. And be it further enacted, That whenever a regiment of volunteers of the same arm, from the same State, is reduced to one half the maximum number prescribed by law, the President may direct the consolidation of the companies of such regiment: Provided, That no company so formed shall exceed the maximum number prescribed by law. When such consolidation is made, the regimental officers shall be reduced in proportion to the reduction in the number of companies.

SEC. 20. And be it further enacted, That whenever a regiment is reduced below the minimum number allowed by law, no officers shall be appointed in such regiment beyond those necessary for the command of such reduced number.

SEC. 21. And be it further enacted, That so much of the fifth section of the act approved seventeenth July, eighteen hundred and sixty-two, entitled, “An act to amend an act calling forth the militia to execute the laws of the Union,” and so forth, as requires the approval of the President to carry into execution the sentence of a court-martial, be, and the same is hereby, repealed, as far as relates to carrying into execution the sentence of any court-martial against any person convicted as a spy or deserter, or of mutiny or murder; and hereafter sentences in punishment of these offences may be carried into execution upon the approval of the commanding-general in the field.

SEC. 22. And be it further enacted, That courts-martial shall have power to sentence officers who shall absent themselves from their commands without leave, to be reduced to the ranks to serve three years or during the war.

SEC. 23. And be it further enacted, That the clothes, arms, military outfits, and accoutrements furnished by the United States to any soldier, shall not be sold, bartered, exchanged, pledged, loaned, or given away; and no person not a soldier, or duly authorized officer of the United States, who has possession of any such clothes, arms, military outfits, or accoutrements, furnished as aforesaid, and which have been the subjects of any such sale, barter, exchange, pledge, loan, or gift, shall have any right, title, or interest therein; but the same may be seized and taken wherever found by any officer of the United States, civil or military, and shall thereupon be delivered to any quartermaster, or other officer authorized to receive the same ; and the possession of any such clothes, arms, military outfits, or accoutrements, by any person not a soldier or officer of the United States, shall be primâ facie evidence of such a sale, barter, exchange, pledge, loan, or gift, as aforesaid.

SEC. 24. And be it further enacted, That every person not subject to the rules and articles of war who shall procure or entice, or attempt to procure or entice, a soldier in the service of the United States to desert; or who shall harbor, conceal, or give employment to a deserter, or carry him away, or aid in carrying him away, knowing him to be such; or who deserters, shall purchase from any soldier his arms, equipments, ammunition, uniform, clothing, or any part thereof; and any captain or commanding officer of any ship or vessel, or any superintendent or conductor of any railroad, or any other public conveyance, carrying away any such soldier as one of his crew or otherwise, knowing him to have deserted, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding five hundred dollars, and he shall be imprisoned not exceeding two years nor less than six months.

SEC. 25. And be it further enacted, That if any person shall resist any draft of men enrolled under this act into the service of the United States, or shall counsel or aid any person to resist any such draft; or shall assault or obstruct any officer in making such draft, or in the performance of any service in relation thereto; or shall counsel any person to assault or obstruct any such officer, or shall counsel any drafted men not to appear at the place of rendezvous, or wilfully dissuade them from the performance of military duty as required by law, such person shall be subject to summary arrest by the provost-marshal, and shall be forthwith delivered to the civil authorities, and, upon conviction thereof, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding two years, or by both of said punishments.

SEC. 26. And be it further enacted, That, immediately after the passage of this act, the President shall issue his proclamation declaring that all soldiers now absent from their regiments without leave may return within a time specified to such place or places as he may indicate in his proclamation, and be restored to their respective regiments without punishment, except the forfeiture of their pay and allowances during their absence; and all deserters who shall not return within the time so specified by the President shall, upon being arrested, be punished as the law provides.

SEC. 27. And be it further enacted, That depositions of witnesses residing beyond the limits of the state, territory, or district in which military courts shall be ordered to sit, may be taken in cases not capital by either party, and read in evidence; provided the same shall be taken upon reasonable notice to the opposite party, and duly authenticated.

SEC. 28. And be it further enacted, That the judge advocate shall have power to appoint a reporter, whose duty it shall be to record the proceedings of and testimony taken before military courts instead of the judge advocate; and such reporter may take down such proceedings and testimony in the first instance in short-hand. The reporter shall be sworn or affirmed faithfully to perform his duty before entering upon it.

SEC. 29. And be it further enacted, That the court shall, for reasonable cause, grant a continuance to either party for such time and as often as shall appear to be just; Provided. That if the prisoner be in close confinement, the trial shall not be delayed for a period longer than sixty days.

SEC. 30. And be it further enacted, That in time of war, insurrection, or rebellion, murder, assault and battery with an intent to kill, manslaughter, mayhem, wounding by shooting or stabbing with an intent to commit murder, robbery, arson, burglary, rape, assault and battery with an intent to commit rape, and larceny, shall be punishable by the sentence of a general court-martial or military commission, when committed by persons who are in the military service of the United States, and subject to the articles of war; and the punishments for such offences shall never be less than those inflicted by the laws of the state, territory, or district in which they may have been committed.

SEC. 31. And be it further enacted, That any officer absent from duty with leave, except for sickness or wounds, shall, during his absence, receive half of the pay and allowances prescribed by law, and no more; and any officer absent without leave shall, in addition to the penalties prescribed by law or a court-martial, forfeit all pay or allowances during such absence.

SEC. 32. And be it further enacted, That the commanders of regiments and of batteries in the field, are hereby authorized and empowered to grant furloughs for a period not exceeding thirty days at any one time to five per centum of the non-commissioned officers and privates, for good conduct in the line of duty, and subject to the approval of the commander of the forces of which such non-commissioned officers and privates form a part.

SEC. 33. And be it further enacted, That the President of the United States is hereby authorized and empowered, during the present rebellion, to call forth the national forces, by draft, in the manner provided for in this act.

SEC. 34. And be it further enacted, That all persons drafted under the provisions of this act shall be assigned by the President to military duty in such corps, regiments, or other branches of the service as the exigencies of the service may require.

SEC. 35. And be it further enacted, That hereafter details to special service shall only be made with the consent of the commanding officer of forces in the field; and enlisted men, now or hereafter detailed to special service, shall not receive any extra pay for such services beyond that allowed to other enlisted men.

SEC. 36. And be it further enacted, That general orders of the War Department, numbered one hundred and fifty-four and one hundred and sixty-two, in reference to enlistments from the volunteers into the regular service, be, and the same are hereby, rescinded; and hereafter no such enlistments shall be allowed.

SEC. 37. And be it further enacted, That the grades created in the cavalry forces of the United States by section eleven of the act approved seventeenth July, eighteen hundred and sixty-two, and for which no rate of compensation has been provided, shall be paid as follows, to wit: Regimental commissary the same as regimental quartermaster; chief trumpeter the same as chief bugler; sad[d]ler-sergeant the same as regimental commissary-sergeant; company commissary-sergeant the same as company quartermaster's-sergeant: Provided, That the grade of supernumerary second lieutenant, and two teamsters for each company, and one chief farrier and blacksmith for each regiment, as allowed by said section of that act, be, and they are hereby, abolished; and each cavalry company may have two trumpeters, to be paid as buglers; and each regiment shall have one veterinary surgeon, with the rank of a regimental sergeant-major, whose compensation shall be seventy-five dollars per month.

Sec. 38. And be it further enacted, That all persons who, in time of war or of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies, in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be triable by a general court-martial or military commission, and shall, upon conviction, suffer death.

APPRoved, March 3, 1863.

SOURCE: George P. Sanger, Editor, The Statutes at Large, Treaties, and Proclamations, of the United States of America from December 5, 1859 to March 3, 1863, Vol. 12, p. 731-7

Diary of Sergeant Major Luman Harris Tenney: March 21, 1863

John Devlin went down to Oberlin without a pass. Will probably be punished. Took a letter for C. G. and brought another from Fred which C. G. showed to me. Both good. Issued rations for 11 days. After going round with potatoes, felt rather tired. A sore toe, miserable corn.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 60

Diary of Sergeant Major Luman Harris Tenney: Tuesday January 6, 1863

Delos returned from town and told me of his visit with his sister. Sent my regards and explanation. John got into the guard house for being away without a pass. R. and I went to Mr. Bateham's, met Libbie Kinney, Will Rice and sister, and Miss Cohen. Went to meeting in the evening, concert for prayer. Walked home. Letter from home, wanting me to come home.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 52

Diary of Sarah Morgan: Wednesday, February 3, 1864

Last night we were thrown into the most violent state of commotion by the unexpected entrance of Captain Bradford. He has been brought here a prisoner, from Asphodel, where he has been ever since the surrender of Port Hudson, and taking advantage of his tri-weekly parole, his first visit was naturally here, as he has no other friends.

Poor creature, how he must have suffered! The first glance at his altered face where suffering and passion have both left their traces unmistakably since we last met, and the mere sight of his poor lame leg, filled my heart with compassion.

*          *          *          *          *          *          *          *          *          *

How he hates Mr. Halsey! I could not forego the pleasure of provoking him into a discussion about him, knowing how they hated each other. He would not say anything against him; understand, that as a gentleman and a companion, Mr. Halsey was his warmest and best friend; there was no one he admired more; but he must say that as a soldier, he was the worst he had ever seen — not that he was not as brave and gallant a man as ever lived, but he neglected his duties most shamefully while visiting Linwood so constantly, eluding the sentinels daily as he asked for neither pass nor permission, and consulting only his inclinations instead of his superior officers or his business. And that last night at Linwood, when he absented himself without leave, why could he not have signified to him, his Captain, that he wished to say good-bye, instead of quietly doing as he pleased? When the Colonel sent for a report of the number of men, quantity of forage and ammunition, etc., and it was discovered that John Halsey was absent without leave, with the books locked up and the keys in his pocket — even after this lapse of time, the fire flashed through the ice as the Captain spoke. Sergeant Halsey, I am sorry for you when you reported yourself next day! All the fun that could have been crowded into an evening at Linwood could not have repaid you for the morning's scene. And after all, what was it beyond very empty pleasure, with a great deal of laughter? He could have dispensed with it just as well. Looking back, I congratulate myself on being the only one who did not ask him to stay.

SOURCE: Sarah Morgan Dawson, A Confederate Girl's Diary, p. 424-6

Diary of Corporal Alexander G. Downing: Monday, October 10, 1864

A large detail from our regiment was put to work on the railroad. Three of us, Hiram Frank, John D. Moore and I, took French leave this afternoon and climbed to the top of Kenesaw mountain. It is a grand view from the mountain, but we had to pay for our sightseeing, for when we got back to camp we found that our command had left. They were ordered to go on the double-quick to Altoona, Georgia, and we had to run about four miles before we caught up with them. Our bunkmates were carrying our knapsacks, haversacks, canteens and rifles, with all accouterments, and they were about as thankful as we were when we caught up with them.¹

_______________

¹ General Corse had flagged Sherman for reinforcements, as Hood was trying to capture the place. Our army had about one million rations stored at Altoona. Sherman flagged: “Hold the fort; I am coming,” and General Corse answered back that he'd hold the fort to the death if need be. — A. G. D.

Source: Alexander G. Downing, Edited by Olynthus B., Clark, Downing’s Civil War Diary, p. 220-1

Colonel William F. Bartlett: February 21, 1863

Camp Banks, Baton Rouge,

February 21, 1863.

. . . . I am gradually getting this regiment into shape. Field, staff, and company officers report to me every morning immediately after reveillé as we of yore did to “Little Bill Lee,” and you. All the little “dodges” that we picked up together I am working in. Any first sergeant knows, that if he should appear on guard-mounting or dress parade, with his white gloves soiled, he would have to take that lozenge out of his chevrons. I have only had to reduce two first sergeants since I took the regiment. That for “absence without leave.” Ben sends me an orderly every morning, resplendent with brass and blacking. . . . .

SOURCE: Francis Winthrop Palfrey, Memoir of William Francis Bartlett, p. 66

General Robert E. Lee’s General Orders No. 2, February 14, 1865

HEADQUARTERS ARMIES OF THE CONFEDERATE STATES,

14th February, 1865.

General Orders, No. 2.

In entering upon the campaign about to open the General-in-Chief feels assured that the soldiers who have so long and so nobly borne the hardships and dangers of the war require no exhortation to respond to the calls of honor and duty.

With the liberty transmitted by their forefathers they have inherited the spirit to defend it.

The choice between war and abject submission is before them.

To such a proposal brave men with arms in their hands can have but one answer. They cannot barter manhood for peace nor the right of self-government for life or property.

But justice to them requires a sterner admonition to those who have abandoned their comrades in the hour of peril.

A last opportunity is afforded them to wipe out the disgrace and escape the punishment of their crimes.

By authority of the President of the Confederate States a pardon is announced to such deserters and men improperly absent as shall return to the commands to which they belong within the shortest possible time, not exceeding twenty days from the publication of this order, at the headquarters of the department in which they may be.

Those who may be prevented by interruption of communication may report within the time specified to the nearest enrolling officer or other officer on duty, to be forwarded as soon as practicable, and upon presenting a certificate from such officer showing compliance with the requirement will receive the pardon hereby offered.

Those who have deserted to the service of the enemy, or who have deserted after having been once pardoned for the same offense, and those who shall desert or absent themselves without authority after the publication of this order, are excluded from its benefits. Nor does the offer of pardon extend to other offenses than desertion and absence without permission.

By the same authority it is also declared that no general amnesty will again be granted, and those who refuse to accept the pardon now offered, or who shall hereafter desert or absent themselves without leave, shall suffer such punishment as the courts may impose, and no application for clemency will be entertained.

Taking new resolution from the fate which our enemies intend for us, let every man devote all his energies to the common defense.

Our resources, wisely and vigorously employed, are ample, and with a brave army, sustained by a determined and united people, success with God's assistance cannot be doubtful.

The advantage of the enemy will have but little value if we do not permit them to impair our resolution. Let us then oppose constancy to adversity, fortitude to suffering, and courage to danger, with the firm assurance that He who gave freedom to our fathers will bless the efforts of their children to preserve it.

R. E. LEE,

General.

SOURCE: John William Jones, Life and Letters of Robert Edward Lee: Soldier and Man, p. 353-4

Major General William T. Sherman to Ellen Ewing Sherman, August 20, 1862

MEMPHIS, August 20, 1862.

. . . I see the Cincinnati papers are finding fault with me again. Well, thank God, I don't owe Cincinnati anything, or she me. If they want to believe reporters they may. Eliza Gillespie can tell you whether I take an interest in the sick or no. I never said I did not want cowards from the hospital. I said the Sanitary Committee had carried off thousands who were not sick, except of the war, and for my part I did not want such to return. Men who ran off at Shiloh and escaped in boats to Ohio and remain absent as deserters will be of no use to us here. This is true and those deserters should know it; but the real sick receive from me all possible care. I keep my sick with their regiments, with their comrades, and don't send them to strange hospitals. Our surgeon has a very bad way of getting rid of sick instead of taking care of them in their regiments, and once in the general hospitals they rarely return. This cause nearly defeated us at Shiloh, when 57,000 men were absent from their regiment without leave. McClellan has 70,000 absent from his army. This abuse has led to many catastrophes, and you can't pick up a paper without some order of the President and Secretary of War on the subject.

If the doctors want to do charity let them come here, where the sick are, and not ask us to send the sick to them. As to opening the liquor saloons here, it was done by the city authorities to prevent the sale of whiskey by the smugglers. We have as little drunkenness and as good order here as in any part of the volunteer army.

Cincinnati furnishes more contraband goods than Charleston, and has done more to prolong the war than the State of South Carolina. Not a merchant there but would sell salt, bacon, powder and lead, if they can make money by it. I have partially stopped this and hear their complaints. I hope Bragg will bring war home to them. The cause of war is not alone in the nigger, but in the mercenary spirit of our countrymen.

SOURCES: M. A. DeWolfe Howe, Editor, Home Letters of General Sherman, p. 231-2.  A full copy of this letter can be found in the William T Sherman Family papers (SHR), University of Notre Dame Archives (UNDA), Notre Dame, IN 46556, Folder CSHR 1/147.

Diary of Alexander G. Downing: Monday, August 4, 1862

I slipped out today between two guards and going up the river about a mile to a bakery near a mill, I bought a dozen apple pies. I returned safely to camp and sold the pies to some of the boys for double what I paid for them. Orders are very strict against absence from camp, for it is reported that a large force of the rebels is in this locality, and they may charge upon our camp any time.

Source: Alexander G. Downing, Edited by Olynthus B., Clark, Downing’s Civil War Diary, p. 61

Court Martials

Lieut. H. A. Webb, of the 27th regiment Ohio Volunteers, was recently tried by Court Martial in St. Louis, on a charge of “absence without leave,” and was sentenced to forfeit his monthly pay proper for three months and to be reprimanded by the commanding officer of the Department.  Private, Geo. H. Holland, Company I, 24th Indiana was found guilty of desertion and sentenced to be shot.  The sentence was afterwards mitigated to hard labor with a ball and chain during the war, with the forfeiture of all pay, which is a good deal worse than to be shot.  Private Jeremiah Raney, of the same company and regiment, was found guilty of the same offence and sentenced “to forfeit all pay and allowances which are or may become due him up to the 31st day of January 1862, excepting the just dues of the sutler and laundress, and to refund the United States the cost of his apprehension, thirty dollars, to have half his head closely shaved, and to stand for three hours daily on three successive days, on the head of a barrel, on the parade ground of his regiment with a placard around his neck on which will be printed the word ‘Deserter.’”  At the expiration of this sentence he will be dishonorably discharged from the service.  Jesse Fussell was also tried for violating the laws of war in robbing and plundering the property of Wm. H. Page, a loyal citizen in Missouri, and taking a gun from another loyal citizen.  He was found guilty and sentenced to imprisonment during the war.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 1, 1862, p. 2

Major General William T. Sherman to Senator John Sherman, December 20, 1862

MEMPHIS, Dec. 20th, 1862.

Dear Brother:

I embarked to-day on the Forest Queen and will have 20,000 men in boats by noon and be off for the real South. At Helena I will get about 12,000 more. Like most of our boasts of the “Myriads of the northwest sweeping away to the Gulf,” “breaking the back bone,” &c. &c., the great Mississippi expedition will be 32,000 men. Vicksburg is well fortified and is within telegraphic and railroad reach of Meridian, Mobile, Camp Moore and Grenada, where Pemberton has 30,000 to 35,000 men. Therefore don't expect me to achieve miracles. Vicksburg is not the only thing to be done. Grant is at Coffeeville! (?) with say 40,000 men. He expected me to have the same but they are not here. We can get the Yazoo, can front in any and every direction and can take Vicksburg, clean out the Yazoo, capture or destroy the fleet of enemy's gunboats and transports concealed up about Yazoo city — and do many other useful things. Blair is down at Helena and will doubtless form a part of the expedition. He will have a chance of catching the Elephant by the tail and get a good lift.

Of course the pressure of this force acting in concert with Grant must produce good results. Even if we don't open the Mississippi, by the way an event not so important as at first sight, until the great armies of the enemy are defeated — we are progressing. I wish Burnside and Rosecrans were getting along faster, but I suppose they encounter the same troubles we all do. . . .

The great evil is absenteeism, which is real desertion and should be punished with death. Of course I would have the wounded and sick well cared for, but the sick list real and feigned is fearful. More than one-half the paper army is not in the enemy's country and whilst the actual regiments present for duty are in arrears of pay and favor, sick and discharged men are carefully paid and provided for. Unite with others and discriminate in favor of the officers and soldiers who are with their companies. The “absent and sick” should receive half pay because of the advantages they receive of fine hospitals and quiet residence at home. The “absent without leave” should be treated as deserters and in no event receive a dollar’s pay — clothing or anything else. In course of time we may get an army. Finance is very important but no use of discussing that now; we must fight it out if it devastates the land and costs every cent of the North. . . .

I rise at 3 A.M. to finish up necessary business and as usual write in haste. . . .  I am very popular with the people here and officers and indeed with all my men. I don’t seek popularity with the “sneaks and absentees” or the “Dear People.” . . .

Affectionately,

W. T. SHERMAN.

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman letters: correspondence between General and Senator Sherman from 1837 to 1891, p. 176-7