Sunday, August 22, 2010

The General Court-Martial of Lt. Morris Kayser

Today at Beverly's Ford: August 22, 1863

Charges and specifications preferred against Morris Kayser 1st Lieut Co. "B" 91st Reg. Pa. Vols

Charge 1st = Absence without leave
Specification 1st = In this that he the same Morris Kayser 1st Lieut Co "B" 91st Reg. Pa. Vols. did leave his company and Regt. without permission from proper authority. This at camp near Falmouth Va on or about the 9th day of February 1863
Specification 2nd = In this that he the said Morris Kayser 1st Lieut Co "B" 91st Reg Pa Vols while his Company and Regiment were on Picket duty and while he the same Morris Kayser 1st Lieut Co "B" 91st Pa Vols. was reported sick in camp did take advantage of the absence of his company and Regiment and visited--Philadelphia Pa without permission from his commanding officer and remained absent from the 19th to the 23rd of February 1863 to the detriment and injury of the service and his regiment. This at Camp near Falmouth Va. between the 19th and 23rd days of February 1863

Charge 2nd Positive and willful disobedience of Orders
Specification In this that he the said Morris Kayser 1st Lieut Co. "B" 91st Reg. Pa. Vols when relieved from duty as Acting Adjutant and when ordered by his Commanding Officer to report to Captain A. H. Bowman Co. "B" 91st Reg. Pa. Vols for duty did refuse to obey the order in the following letters and figures to wit Camp near United States Ford Va June 11th 1863. Lieut B. J. Tayman Adjutant 91st Reg. Pa. Vols. Lieutenant, Having been relieved from duty as Acting Adjutant, I therefore most respectfully but positively refuse returning to duty in Co "B" I am Lieutenant, Very Respectfully Yours &c Morris Kayser 1st Lieut Co "B" 91st Reg. Pa Vols. All this while the Reg. was stationed near United States Ford Va on or about June 11th 1863

B. J. Tayman 1st Lieut & Adjt 91st Reg. Pa. Vols.

CorpsCamp near Beverly Ford Va. Aug 22nd 1863 Genl Orders No. 36:
Before a General Court Martial of which Lieut Col. Lewis Ernst 140th Reg. New York Vols. is President convened at Camp of 3rd Brigade 2nd Div. by virtue of Special Orders No. 1 from Hd. Qrs. 2nd Division of July 29th /63 was arraigned and tried:
1st Lieut Morris Kayser Co. "B" 91st Reg. Pa. Vols

Charge 1st Absence without leave Charge 2nd Positive and wilfull disobedience of orders Charge 3rd Absence without leave proceedings;

The court finds the accused guilty on the three charges and sentences him to forfeit all pay and allowances for the period of two months

Extract II The proceedings, findings, and sentence in the case of Lieut Morris Kayser 91st Reg. Pa. Vols. are approved but the sentence is entirely inadequate to the offense of which he is found guilty. In time of War, willful disobedience of Orders merits death; dismissal from the service would be a lenient punishment for such an offence. This Officer is also found guilty of leaving his Regiment and visiting Philadelphia without permission and at a time when the testimony established that the Regiment was on picket duty [Locke uses this phrasing because the court found him not guilty on the specification claiming that he was AWOL when the regiment was on picket duty] The inference is that he took advantage of the absence of his Regiment from Camp to commit and act that he might be found out in, had it been present. The court think all these offences are amply atoned for by depriving Lieut Kayser of a few dollars. Comment is superfluous.

This Officer will resume his sword and duties By Command of Major Genl Locke (Signed) Fred. T. Locke Asst Adjt. Genl Head Quarters 2nd Brig 2nd Div. 5th Army Corps August 1863 "Official" (Signed) A. S. Marvin Jr Asst. Adjt Genl Head Quarters 91st Reg Pa Vols August 25th 1863 "official" B. J. Tayman Adjutant

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