Adjutant and Inspector General’s Office. 
GENEEAL OEDEES, ? 
No. 91. $ 
Richmond, June 27, 1863. 
I. Before the Military Court attached to Lt. Gen. Long-street’s Corps, 
was arraigned and tried: , 
Lt. Col. C. C. Flowerree, 7th Virginia Infantry: 
Charge—Drunkenness on duty. 
(The Specification is omitted as unnecessary.) 
Finding. 
The Court do affirm the plea of the accused, and find him as follows, 
viz: 
Of the Specification, ------ Guilty. 
Of the Charge, ------ Guilty. 
To be cashiered, and dismissed the service of the Confederate States. 
Sentence. 
Recommendation of the Court. 
The undersigned, the members of the Military Court for the Depart- 
ment of Virginia and North Carolina, respectfully represent to Lieutenant 
General Longstreet, and through him to the President, that they have 
come to the judgment rendered in this case with reluctance. Though it 
ma true that this Court is vested with all the powers possessed by 
the Special Court of Enquiry, as it is termed, appointed by act of the 
Confederate Congress, approved 21st April and vested therefore 
with the discretion as to drunkenness in officers, possessed by that Court, 
they yet are of the opinion that that Court possessed no discretion as to 
the punishment of officers for drunkenness “on duty.” The 45th Ar- 
ticle of War prescribes that officers so offending shall be cashiered; and 
as that article is not repealed in terms, nor by necessary implication, in 
the said act of the 21 st April, they conceive that that article is still the 
rule of punishment for such offences: but as before stated, they have 
come to that conclusion with reffictance. They find many inducements 
to a milder sentence. They find that the season and the service were so 
severe as to excuse to some extent the use ot arc ent spin s ec u 2 
that the “ duty” upon which this officer was engaged was not such as to 
require any special exercise of care, conduct or capacity; and they find 
that he has established a character which is abundant of promise to the 
service and the state. For these reasons, therefore, they would have im- 
posed a milder sentence, and especially would not have deprived the Con- 
federacy of his further services in the line of his profession. But in the 
absence, as they conceive, of such discretion, they can only commend 
him to the clemency of the Executive, which they hope may be exercised 
in such abatement of this sentence at least as will restore him to his 
command. 
11. The proceedings, finding and sentence in this case having been 
laid before the Secretary of War, for the final order of the President, the 
following decision has been rendered: 
The view taken by the Court as to the effect of the 45th Article of War 
in such cases as it provides for, is concurred in; and the proceedings, 
finding and sentence of the Court are, therefore, approved. But in con- 
sideration of the recommendation of the Court, and Lieut. Gen. Long- 
street, and of the gallantry and good character of Lieut. Col. Flowerree, 
the sentence is remitted, and he will return to duty. 
order. 
Adjutant and Inspector General. 
S. COOPER,