II. The following order promulgates the proceedings in the case:

GENERAL ORDERS, HDQRS. FIFTH DIVISION, ARMY OF THE TENNESSEE, Numbers 75.
Memphis, August 26, 1862.

Before a military commission assembled in Memphis, July 28, pursuant to General Orders, Numbers 63, dated Memphis, July 26, 1862, of which Colonel W. H. H. Taylor was president, were arraigned and tried:

* * * *

24. SELY LEWIS, a citizen.

CHARGE 1: Smuggling goods through the lines.

Specification. -In this, that the said Sely Lewis did, on or about the 18th day of August, 1862, engage one ---- --- to haul one trunk, one carpet-bag and one basket containing boots, snuff, chloroform and morphine, through the lines against the order of the general commanding U. S. forces at Memphis, Tenn.

CHARGE 2: Violation of the Fifty-seventh Article of War.

Specification. -In this, that the said Sely Lewis did on or about the 18th day of August, 1862, pass through the lines of the U. S. forces at Memphis with the intention of visiting the enemy had giving them information. All this at or near the city of Memphis.

To which the prisoner, Sely Lewis, pleaded-

To the first, charge "Not guilty. "

To the second charge, "Not guilty. "

Of the specifications, "Not guilty. "

After a careful examination of the testimony in the above case and after mature deliberation the commission are satisfied that the prisoner is-

Of specification, first charge, "Guilty. "

Of first charge, "Guilty. "

Of specification, second charge, "Guilty. "

Of second charge, "Guilty. "

And the commission are convinced that the prisoner is a spy.

And therefore unanimously recommend that the prisoner be hanged as a spy until he is dead at such time and place as the commanding officer shall direct.

* * * *

In case 24, of Sely Lewis, a citizen, convicted of being a spy, the execution of the sentence will be suspended until the pleasure of the President be made known according to law. In the meantime he will be carefully guarded and all communication with him except in the presence of an officer be denied him.

By order of Major General W. T. Sherman:

J. H. HAMMOND,

Assistant Adjutant-General.

III. The following is the order of the President:

So far as the sentence in the case relates to the accused as a spy it is disapproved, the commission not having jurisdiction of the offense. The sentence of death is mitigated to imprisonment for a term of six months, commencing this day, October 25, 1862.

A. LINCOLN.

IV. The sentence as mitigated by the President will be carried into execution under the orders of the commanding general Department of the Tennessee.

By order of the Secretary of War:

L. THOMAS,

Adjutant-General.

WAR DEPARTMENT, Washington, October 29, 1862.

COMMANDING OFFICER, Fort Delaware:

You will retain Judge Carmichael in custody. The order* for his discharge is countermanded.

EDWIN M. STANTON,

Secretary of War.

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*Not found.

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