2. That the evidence is clear that Colonel Miles had been ill for several days before July 21 last - was ill on that day; that the surgeon had prescribed medicines for him, and on the day of the battle had prescribed for him small quantities of brandy.
The court, however, considers his illness as a very slight extenuation of the guilt attached to his condition about 7 p.m. on July 21 last.
The court is of opinion that evidence cannot now be found sufficient to convict Colonel Miles of Drunkenness before a court-martial; that a proper court could only be organized in this Army with the greatest inconvenience at present, and that it will not be for the interests of the service to convince a court in this case.
The court is therefore of opinion that no further proceedings in the case are necessary.
II. The proceedings of the court of inquiry in the case of Colonel D. S. Miles, Second Infantry, have been laid before the major-general commanding, and are confirmed.
By command of Major-General McClellan:
HDQRS. DEPARTMENT N. E. VIRGINIA,
Arlington, August 10, 1861.
Upon the application of Colonel D. S. Miles, Second Infantry, a court of inquiry is hereby instituted to examine into certain allegations made against him, as stated in his letter to the assistant adjutant-general, headquarters Department N. E. Virginia, dated July 26, 1861.
The court will meet at 12 m., on Monday, the 12th instant, or as soon thereafter as practicable, in Alexandria, Va., and will report the facts and give its opinion in the case.
Detail for the court.
Brigadier General W. B. Franklin, U. S. Volunteers.
Colonel John Sedgwick, First Cavalry.
Captain Truman Seymour, First Artillery.
The junior member will record the proceedings.
By command of Brigadier-General McDowell:
JAMES B. FRY,
No. 64. Reports of General G. T. Beauragard, commanding Confederate Army of the Potomac, of operations from July 17 to 20.
MANASSAS, July 17, 1861.
President of the Confederate States:
The enemy has assailed my outposts in heavy force. I have fallen back on the line of Bull Run, and will make a stand at Mitchell's Ford.