SEPTEMBER 9, 1863.

General FRAZER,

Commanding Confederate Forces, Cumberland Gap:

SIR: I regret that in you should deem improper my action in the matter of placing guns in position, and when you reflect that I did not reply to your fire yesterday when I might have done so, and that you asked for a prolongation of time, which I did not require, but granted from motives of courtesy to you and humanity to both sides, I cannot feel that I have acted improperly, or in any way contrary to the usages of modern warfare, particularly in respect to fortified and completely invested positions, such as your present one in Cumberland Gap. I shall consider you, if you so wish it, as being perfectly at liberty to open fire whenever you like. I shall still, however, keep to my promise and give you time until 12 m. to consider the terms I offered you, and as I received news last night of additional forces coming up to us this morning, you will be compelled to see before many hours that in accepting my terms you would be only doing that which, under the circumstances, is proper and humane, in a common-sense point of view, and strictly in accordance with military custom in like cases.

I have the honor to be, sir, your obedient servant,

JOHN F. DE COURCY,

Commanding U. S. Forces North Side Gap.

HEADQUARTERS ARMY OF THE OHIO,
September 9, 1863.

Brigadier-General FRAZER,

Commanding Confederate Forces, Cumberland Gap:

GENERAL: As ample time has been given for negotiation, you will be kind enough to dismiss at once from your lines our flags of truce from both sides of the gap and cease communication with any of the United States forces excepting through myself, as none other will be considered valid. At the same time, with the view of avoiding the effusion of blood, I beg to state that I have a force present with me sufficient, in all human probability, to carry your position, and should your reply not be satisfactory shall commence operations with a view of assaulting your position at such points and with such forces as I may deem proper, immediately on the return of the officer carrying this note, who has permission to remain one hour at your pickets.

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

A. E. BURNSIDE,

Major-General, Commanding, &c.

[P. S.]- Major Van Buren, aide-de-camp on my staff, will be the bearer hereof.

HEADQUARTERS,
Cumberland Gap, September 9, 1863.

Major General AMBROSE E. BURNSIDE,

Commanding U. S. Forces, near Cumberland Gap:

GENERAL: As my communications with General Shackelford and Colonel De Courcy will show, I intended contesting the position, but