War of the Rebellion: Serial 121 Page 0742 PRISONERS OF WAR AND STATE, ETC.

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II. The proceedings, finding, and sentence of the military commission in the foregoing case of Frank B. Gurley have been approved by the general commanding the Department of the Cumberland and forwarded for the action of the President of the United States, who directs that the sentence be carried into execution.

By order of the Secretary of War:

E. D. TOWNSEND,

Assistant Adjutant-General.

[Indorsement.]

WAR DEPARTMENT, BUREAU OF MILITARY JUSTICE,

September 8, 1865.

Respectfully submitted to the Secretary of War, with recommendation that the proper military authorities at Nashville be ordered to cause the arrest and execution of this murderer, who is now at large, it is believed, somewhere in the State of Tennessee. Under a misapprehension, he is understood to have been, within a short time, exchanged as a prisoner of war, and has thus regained his liberty. This, however, does not at all exempt him from the operation of the death sentence then and still hanging over him. The murder of General McCook by this man was one of cowardly and cold-blooded atrocity, and no pains shold be spared to enforce the forfeiture of life which the sentence has declared.

J. HOLT,

Judge-Advocate-General.

FORT MONROE, VA., September 6, 1865-1 a. m.

Honorable EDWIN M. STANTON, Secretary of War:

SIR: I have the honor to acknowledge the receipt of your order of 8.30 p. m. There is no other building in the fort where quarters can be prepared for Jeff. Davis without taking officers' quarters, except the hospital building. His case not demanding hospital treatment was my objection to using that building. After a consultation with the chief engineer, quartermaster, and medical officer I selected the telegraph building to carry out the President's order of last evening, it being a small, square brick building, with but one room, where the prisoner could be confined as safely as in the casemate. Rooms were furnished the telegraph operations at the other office outside the fort. I judge from your order the case has been misrepresented, or only in part. Shall I prepare quarters in the hospital building?

With the highest respect, your obedient servant,

NELSON A. MILES,

Brevet Major-General.

ADJUTANT-GENERAL'S OFFICE, September 6, 1865.

Bvt. Major General N. A. MILES,

Commanding District of Fort Monroe, Fort Monroe, Va.:

In reply to yours of this morning the Secretary has special reasons why the telegraph office inside Fort Monroe should not be disturbed. He gave confidential orders to the operator stationed there which made it his duty to report your order to Major Eckert. The primary object being to insure the safe custody of the prisoner you will select the best place, except the telegraph building, for that purpose.

E. D. TOWNSEND,

Assistant Adjutant-General.