The Columbia daily phoenix. [volume] (Columbia, S.C.) 1865-1865, 1865-07-19
Headq'rs Department of the South,
HILTON HEAD, S. c., JUNE %, 1865.
GENER1L ORDERS NO. lO4

d1LlON HEAD, =. O., JUNE 2S, 1860.
GENERAL ORDERS NO. lO4.
THE following regulations concerning
Il Military Courts are republished from
the General Orders of the War Depart
ment with additions and notifications.
All parts of Department Orders iucons;s
tent herewith are revoked:
l. "Where d post or district command is
composed of mixed troops, equivalent to
brigade, the commanding officer of the
department or army will designate it in
orders as "a separate brigade and i copy
of such order will accompany the proceed
ings of any general court martial con-
vened by such brigade commander. With
out such authority, commanders Of posts
and districts having no brigade organiza-
ton Will not convere general courts mar
tial." General Orders No 25l, A. G. o.,
series 1861
Ill. No one in the Department. save the
commanding General, can appoint general
conrts martial or military commissions,
except the commander Of Il division or
separate brigade, and the order appoint
ing the court must De dated "lleadquar
ters. DIVISION, or headquarters, Separate
Brigade" as the case NAV be-
Ill. "AiI communications pertaining to
questions of military justice, or the pro-
ceedirgs pt military courts aud commits
sions throughout the armies Of the United
States, must be addressed to the Judge
Advocate General: und commanding Of
ncers are enjoined to forward promptly to
the Bureau of Military Justice all proceed
lnSs OF courts martial. military commissions
and courts of inquiry, together with the
orders p"omulgaCIng decision thereon,
Judge Advocates will be held responsible
Tor the prompt execution Of this paragraph,
and they are required TO forward to the
Judge Advocate Gen raj, at the end of
each month, list of all cases tried and to
be tried within their Jurisdiction" (Gen.
Orders No. 270, A. G. o., series 1861
Nv. 10 carry out the foregoing rora-
graph, all officers within the department
authorized to appoint courts martial,
military commissions or courts of inquiry,
will, on the 9th of each month, sepd to
the Judge Advocate of the Department
two reports. In the first report, they
will state the nac,e and rank of all persons
tried during the month before courts O:
commissions appointed by them, with the
nature Of the charges, and alse whether
the proceedings in each case have been
~ approved (2) p"Jli~leland (2) Jormardcd
by them; and if not. the reason why. In
the second report, they will state the
names and rank of MI persons against
whom charges have been preferred, but
who remain untried nt the date of the
report. with the nature of the charges,
and nlso whether each case has been sent
to court or commission for trial; and if
not. the reason Why. (Circular No. II. D.
s.. series 1861
V. whenever fines are imposed hy
sentence of general court martial or mill
tary commission upon officers or citizens,
the Judge Advocate OF the court vr CON-
mission will make Il special report of the
fact to the Adjntant General, giving o
copy Of the sentence in the case The
| officer who confirms sentence imposing
tiue will transmit to the Adiutnnt Gene
raj special report thereof, together with
copy OF the order promulgating the
proceedings General Orders No 25S,
Par. /, A. c. o., series 1861
vi. The fines will be paid to the chief
officer of the Quartermaster's Department
Mt the place where the prisoner may be,
and no other person is authorized to receive
them.' Such fines must not be applied to
any purpose, but the officer receiving them
will forthwith remit the amounts to the
Adjutant General Of the army, with the
names of prisoners who paid them, and
the number Of the order promulgating the
proceedings. General Orders No. 25S.
Par. II, A. G. O., series 1864
VII. TO avoid delay arising from the
absence OF Brig. Gen. L. Thomas, checks
forwarded, on account of fines under the
above paragraph, will be made payable to
"the Adjutant General U. 5. Army or
order," without inserting the name (See
Circular A. G. o.. dated Nov. 10, ls64.)
VIII. I'm all cases where fines are IN.
posed by sentence of general courts mar
tial or military commissions. provision
should be added to the sentence that the
prisoner shall be confined until the fine is
paid. A limit may be fixed to the period
Of such confinement" General Orders
No. 81, x. g. o., Par. /, &. S
IN. "In case the provision has been
omitted from the sentence, that q prisoner