War of the Rebellion: Serial 121 Page 0690 PRISONERS OF WAR AND STATE, ETC.

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[Second indorsement.]

Approved and referred to the Adjutant-General to issue the order.

E. M. STANTON,

Secretary of War.

[Third indorsement.]

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

July 1, 1865.

Respectfully referred to Bvt. Brigadier General W. Hoffman, Commissary-General of Prisoners, to carry out the orders of the Secretary of War.

E. D. TOWNSEND,

Assistant Adjutant-General.

UREAU OF MILITARY JUSTICE, June 30, 1865.

Mrs. Broadhead applies for permission to visit Davis in prison.

Respectfully returned to the Secretary of War.

Persons held by the military authorities are allowed intercourse with their friends and counsel, under the usual restrictions, so soon as charges are filed and the prisoners are thus in a condition to proceed in the preparation of their defense, but not until then. This rule should not be departed from except under extraordinary circumstances. Charges have not yet been exhibited against Jefferson Davis, and I do not find in the letter of Mrs. Broadhead any reason for a relaxation of the rule referred to which would not apply tomost of the criminals held for trial by the Government. the number and atrocity of the crimes alleged to have been committed by Davis, and the overwhelming proof of his guilt believed to exist, would seem to make it proper, and indeed necessary, that the strictest prison discipline should be enforced in his case. No favorable recommendation can be made on Mrs. Broadhead's application.

J. HOLT,

Judge-Advocate General.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

Washington, June 30, 1865.

Major General Q. A. GILLMORE, U. S. Volunteers,

Commanding Department of the South, Hilton Head, S. C.:

SIR: By direction of the President of the United States you will receive G. W. Gayle, of Alabama, a prisoners, who will be delivered to you by Captain C. D. Mehaffey, First U. S. Infantry, and confine him in Fort Pulaski until brought to trial. The President further directs that you detail a military commission without delay for the trial of Gayle upon charges which will be handed you by Mehaffey. Captain Mehaffey has also in charge tow witnesses in the case, named John Cantley and W. D. Graves, who are under parole. You will detain them on their parole, furnishing them whatever may be needed for their health and comfort, until their testimony shall have been given, when you will discharge them, paying them such sum as may be deemed adequate compensation for the time they may be detained by the Government from this date. They have been paid $3 per diem for their services to this date. They should be furnished transportation back to their home, Selma, Ala.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND,

Assistant Adjutant-General.