Unknown, May 16, 1862
May 16, 1862.
No. 12. Opposite Fredericksburg, Va., May 16, 1862.
It has come to the knowledge of the major-general commanding that some of the few men among us who are evilly disposed have attempted the commission of a crime which will justly draw upon the troops universal condemnation. It is due to the good men of the army, to the service, to the country, to the sisters, daughters, mothers, and wives of all that the stain be effaced by the infliction of the only fit punishment due such acts. That we are here with arms in our hands, and that the people have no
ractical redress from our wrong-doings but heightens our obligation to protect the feipioes That this may be done pou y and effectively military commissions will be instituted in each division for the punishment of all crimes committed by any one in the military service or by any one ââ following the army,â and which may not be cognizable by courts-martial.
âor ordinary offenses or crimes such commissions will be detailed from the roster in the same way as a court-martial; but whenever it shall be deemed necessary by the division commander, or orders to that effect shall be received by him from the headquarters, a special military commission, to consist in each division of the brigade commanders, the chiefs of the division artillery and cavalry, and two of the regimental commanders, or as many, not less than a majority, as can be immediately convened, will be assembled to try such cases, as, from the persons implicated or the crime committed, the interests of the service shall require to be disposed of in a summary manner.
The form of the Hise in the case of an ordinary commission shall be the same as that of court-martial. The form of proceedings in the case of a special commission will be such as the division commander may determine; but will not be such as will interfere with summary justice. The punishment for rape will be death; and any violence offered a female, white or colored, with the evident intent or purpose to commit a rape, will be considered as one, and punished accordingly.
In cases of conviction and sentence for rape, as above defined, the division commander, if he approve the findings and sentence, will order immediate execution by hanging, or by shooting if the former should not be convenient. That the order may have full effect, all good men in the army, whether officers, non-commissioned officers, musicians, or privates, and all who may be in any way connected with or following
the army are especially charged and entreated to do whatever in them lies to bring this crime to its merited punishment,
By command of Major-General McDowell:
SAML. BRECK, Assistant Adjutant-General.