application of Brigadier General F. A. Shoup, chief of staff, Lieutenant Colonel M. B. McMicken, chief quartermaster, and Lieutenant Colonel J. M. Kennard, chief of ordnance, under Special Orders, Numbers 69, headquarters Army of Tennessee, September 5, 1864, to inquire into the circumstances of the loss of public stores at Atlanta, Ga., on September 1 and 2, 1864, and to express an opinion whether to either officer blame can be attached for such loss, has made the required examination and report, the record whereof was forwarded by General Hood for review by the Secretary of War, with the following indorsement: "Brigadier-General Shoup is in no manner to bale for the loss of the cars, ordnance, &c., at Atlanta, Ga."

III. The court, having maturely considered the evidence adduced, submits the following facts and opinions:

Upon the evacuation of Atlanta upon September 1 and 2, 1864, there were destroyed a small amount of quartermaster's and medical stores, some subsistence stores, 13 heavy guns and carriages, 28 carloads of ordnance, 81 cars, and 5 engines. A detailed account of said stores is contained in the exhibits attached to these proceedings. It is the opinion of the court that the subsistence sates and the heavy guns were unavoidably lost, and that the quartermaster's stores, medical stores, ordnance stores, cars, and engines were unnecessarily lost. As to the culpability of the parties asking the investigation, they are of the opinion that as Brigadier-General Shoup, chief of staff, gave his orders specially and fully to the various chiefs of departments, and to 12.30 a. m. of August 31 used every effort to see that his instructions were executed, no blame attaches to him to that time, but that between that time and 8 a.m. of the 31st he, not having displayed sufficient energy, our sued all the means in his possession to see that there was compliance with his instructions, is censurable. The twenty-eight car-loads of ammunition, the quartermaster's stores, and the cars and engines were destroyed principally in consequence of the failure of Lieutenant-Colonel McMicken, chief quartermaster, to comply with the specific and repeated instructions from the chief of staff to have all such stores removed by daylight; that Lieutenant-Colonel McMicken had at his disposal sufficient cars and engines to move all trains as ordered, and they were to so moved because proper instructions were not given by him to the railroad agents. We consider him highly culpable for not having promptly complied with said orders from the chief of staff. We do not consider him responsible for the loss of the medical stores, as requisitions made upon him failed to state the amount of transportation required for the removal of said stores. As to Lieutenant-Colonel kennard, chief of ordnance, he court are of the opinion that no blame attaches to him, as he notified the chief of staff and chief quartermaster in ample time that the ordnance stores were in readiness to move.

IV. The proceedings and finding and opinion of the court are approved.

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By command of the Secretary of War:

JNO. WITHERS,

Assistant Adjutant-General.