The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-06
Army Intelligence.

| Major B Marcy, lately appointed Paymaster, is OF
dered to take post at ST. Paul, Minnesota, for the pay
ment of the troops in that vicinity
Major r. Ice, Subsistence Department after his &C
counts settled at the Treasury win proceed to the city
| of Baltimore and take post there
Captain c L. Klburn, Subsistence Department, is as
signed to duty in New Orleans, La which post he will
accordingly proceed forthwith.
Assistant Surgeon A. Edwards has been assigned TO
duty Philadelphia during the absence OF Surgeon Fair
ley, now n medical board.
Lieutenant Junius Wheeler, now in the Typographical
corps Of the United States army in Oregon has been APP
pointed Assistant Professor in the Military Academy at
West Point.
Leaves Of absence have been granted to Colonel b. F.
Iarned, Paymaster General During the absence OF
Colonel Iarned, Lieutenant Colonel I. p Andrews will
take charge Of the Paymaster Generals office Also
Brcvet Lieutenant Colonel A. c. Myers, Quartermaser's
Department. 10 Breve Major p v. agner, Ordnance De
partment and TO Assistant Surgeon F. Head, Medical
Department leave of absence for months has been
granted Lieutenant w b. Lane, regiment mounted rifles,
and also 10 Lieutenant A. Donaldson corps Of engineers
An extension Of leave for six months has been granted
Lieutenant j. b Witherell, second cavalry.
GENERAL ORDERS, NO. Is.
WAR DEPARTMENT, ADJ. GEMS. OFFICE,
WASHINGTON, July %, 1859
The following extracts from decisions by the War De
parlment upon proceedings of courts martial published
Tor the information of the service
The commander who prefers charge may, in the
@ % @ sna d legal Discretion e The fan under
charge varously in the several Indictment
the appropriate 10 that article and not
Ill terms which necessarily
where the act cannot be stated described except in the
guage Of particular article of the charge confined
that article In this regard the rule of pleading merely
technical but essential the legal offences
Some writers military law have laid the rule down
strictly disaow resort the general article
OF offences specified in the other articles when offence
OF that specific quality be redncbe particular article
OF war 10 which known and distinct penalty is attached
must be prosecuted under such article that the intent the
law and the purposes of justice be answered samuel
aud Hough They consider that in such the law
the discretion OF commanders and and that the general
prosecution for offences not otherwise declared.n
II the rule does not obtain strictly in service still
ccauon appropriate TO particular article only
M under the general article evade the penalty prescribed
Ia the particular article.
IN this the specification distinct terms an act
IN violation OF the 46h article of capital offence not
triabie by garrison court martial The order the depart
men commander sspendng the sentence confirmed and
sentence Is annulled.
IL The order of the department commander arrestny the
sentence Is confirmed for its uncertainty legaty
Judng the party TO be imprisoned until he should do act the
court could not order His making restitution might be
dered ~ The proper authority question of pardon.
War Department Orders, No. Of 1857 'prohibt
RESTITUTION OF stolen property money! nothing
In case property stolen brought court and
aehined The owner may claim IT, and the will order
De restored to him. But STILL trial. by martial criminal
preceding not action to debt
mage for injury and in this regard the and the
law make no distinction in favor soldiers other persons
who have suffered loss injury.
The 9th article of that martial shall
not imprison 10 hard labor longer
nn,h prnyles for the penalty
~ ilItary courts 10 adjudge ali The
DISTURBED, n l one ought perhaps not to be
by different garrison courts may each
ate penalty.
By order OF the Secretary OF War,
T. d. TOWNSEND, Asst Adj Gen.