War Between the States

of Prostitution

2 pages, 4 x 6 1/2, imprint.

War Department
Adjutant General's Office
December 7, 1863

General Orders
No. 389

I. Before a General Court Martial, which convened at St. Louis, Missouri, August 26, 1863, pursuant to Special Orders, No. 28, dated Headquarters, St. Louis District, St. Louis, Missouri, July 23, 1863, and of which Lieutenant Colonel S.S. Curtis, 3d Colorado Infantry, is President, was arraigned and tried-

Second Lieutenant John Miller, 14th Illinois Volunteer Cavalry.

Charge I. Conduct unbecoming an officer and a gentleman.

Specification- In this; that he, Second Lieutenant John Miller, of Company D, 14th Regiment Illinois Volunteer Cavalry, did engage in selling liquors and keeping and attending bar in a house of prostitution and ill fame; and this in the uniform, and while wearing the emblems of his rank and position as an officer, of the volunteer service of the United States. This in the city of St. Louis, Missouri, on or about the 30th day of March, 1863.

Charge II. Absence without leave.

Specification- In this; that he, Second Lieutenant John Miller, of Company D, 14th Regiment Illinois Volunteer Cavalry, did absent himself from his camp and Company at Camp Peoria, at Peoria, Illinois, without leave of absence from his Commanding Officer, and did so remain absent till on or about the 30th day of March, 1863, when he was arrested in St. Louis, Missouri. This on or about the 28th day of February, 1863.

To which charges and specifications the accused, Second Lieutenant John Miller, 14th Illinois Volunteer Cavalry, pleaded, Not Guilty.

Finding

The Court, having maturely considered the evidence adduced, finds the accused, Second Lieutenant John Miller, 14th Illinois Volunteer Cavalry, as follows:

Charge I. Of the Specification, Guilty, except the word "keeping."

Of the Charge- Guilty.

Charge II

Of the Specification- Not Guilty

Of the Charge- Not Guilty

Sentence

And the Court does therefore sentence him, Second Lieutenant John Miller, 14th Illinois Volunteer Cavalry, To be dismissed the service; to forfeit all pay and allowances now due or may become due him from the Government; and to be forever disqualified from holding any office of trust or profit under the Government of the United States; this sentence to be published in the public journals of St. Louis, Missouri, and Peoria, Illinois.

II. The proceedings of the Court in the above case have been approved by the proper Commanders, and forwarded for the action of the President of the United States. The sentence awarded Second Lieutenant John Miller, 14th Illinois Volunteer Cavalry, is approved, except so much of it as inflicts forfeiture of pay and disqualification for holding any office of trust or profit under the Government of the United States, which, not being authorized by the Article of War under which the accused was convicted and sentenced, is disapproved.

By Order Of The Secretary Of War:
E.D. TOWNSEND
Assistant Adjutant General

Light age toning. Very desirable. Interesting document highlighting the legal mind of President Lincoln, the lawyer, who this case was forwarded to for his action. Lincoln realized that part of the sentence pronounced on Lieutenant Miller was not authorized under the Articles of War, and it was thus eliminated from his sentence. Rare.

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