War of the Rebellion: Serial 121 Page 0882 PRISONERS OF WAR AND STATE, ETC.

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[First indorsement.]

WAR DEPARTMENT, February 14, 1866.

Referred to Judge-Advocate-General for such action as he deems proper.

E. M. STANTON,

Secretary of War.

[Second indorsement.]

BUREAU OF MILITARY JUSTICE, February 16, 1866.

Respectfully returned without favorable recommendation. The general condition of the rebel prisons in which our soldiers were confined, as well as the treatment to which these soldiers were subjected, have been so fully exposed in various trials that it is not believed to be necessary to pursue the investigation further through the court of inquiry proposed. If the prisoner Gee wishes to defend himself by criminating his superior officers or others he will have the opportunity of doing so before the military commission by which it is expected he will be tried.

J. HOLT,

Judge-Advocate-General.

[Third indorsement.]

NOTE.- The report of the Judge-Advocate-General was exhibited to the Secretary of War February 19, 1866, who directed me to exhibit the same to Mr. Holland, counsel for Gee, as decisive of the application. This I did February 19, 1866.

JAS. A. HARDIE,

Inspector-General.

HDQRS. MILITARY DISTRICT OF FORT MONROE,

Fort Monroe, VA., February 14, 1866.

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

GENERAL: I have the honor to forward herewith the report of Surgeon Cooper relative to the health of the prisoners Davis and Clay.

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

ELSON A. MILES,

Major-General, U. S. Volunteers, Commanding.

[Inclosure.]

FORT MONROE, VA., February 14, 1866.

ASSISTANT ADJUTANT-GENERAL,

Military District of Fort Monroe:

SIR: I would respectfully report that the health of state prisoners Jeff. Davis is much better, both mentally and physically, than at any time since my arrival here. I observe that his general health is almost entirely dependent upon his diet, which must be delicate but generous. He cats but little, but that little must be of the best quality and well cooked.

State prisoner C. C. Clay has suffered for some three or four days from catarrhal fever. He is much improved, however, and is now comparatively well.

I have no recommendation to make save that both prisoners have frequent exercise in the open air.

Your obedient servant,

GEO. E. COOPER,

Surgeon, U. S. Army.