War of the Rebellion: Serial 121 Page 0710 PRISONERS OF WAR AND STATE, ETC.

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to discharge all the prisoners of wa of the rebel Army and Navy except those captured with Jefferson Davis, and any others where special reasons are known to exist for holding them, upon the following conditions: First, that they take the oath of allegiance to the United States; second, that they give their paroles to be of good behavior and commit no act of hostility against the United States.

The Quartermaster's Department will furnish transportation to all released prisoners to the nearest accessible point to their homes, by rail or steam-boat. You will please report the names and places of confinement of those excepted.

It is believed that there are some prisoners of war in the Old Capitol who should be released under this order.

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

E. D. TOWNSEND,

Assistant Adjutant-General.

HDQRS. MILITARY DISTRICT OF FORT MONROE,

Fort Monroe, Va., July 20, 1865.

General E. D. TOWNSEND, Assistant Adjutant-General:

GENERAL: During the last week Mr. Davis appears axtremely dejected. He takes little or no exercise, constantly sitting in his chair or reclining on his couch. I suggest the propriety of allowing him to be taken out into the open air occasionally, this to be done under my own supervision, as that seems to be the only method of requiring him to take exercise, which he seems to avoid. When he heard of the execution of the assassins he made the remark that "President Johnson is very quick on the trigger." Since then he seems to realize that there is a Government and is exceeding humble. Major Church, who takes this communication, will give you any particulars you may desire.

I am, with great respect, your obedient servant,

NELSON A. MILES,

Brevet Major-General of Volunteers, Commanding.

WAR DEPARTMENT, Washington City, July 22, 1865.

Major-General MILES, Commanding, Fort Monroe:

Your letter was received. Your messenger went back to-dya with a brief note. Since his departure, upon consultation, it has been determined:

First. That you may remove the guards and lights from Mr. Davis' room if they are inconvenient to him, taking such precautionary measures as you may think adequate for his security.

Second. That you may allow him to take such exercise in the open air, under your own immediate supervision, as the surgeon in charge may deem essential to his health, but allowing no other persons to hold communication with him.

Third. You may allow him such books and papers as he may desire to read.

Fourth. You should see him personally every day, and if any other relaxation consistent with his secure detention is deemed beneficial to his health by yourself or his surgeon you will report it to this Department.

Fifth. You will make daily reports of your visits to him and the state, of his health, and oftener if health charges for the worse.