duties as one of the commissioners appointed by the Secretary of War in regard to state prisoners. These counties constituted a part of the State of Western Virginia, and Governor Peirpoint had ratified the appointment of Judge Pitts. It was suggested to me by one of the Senators and one of the members of the government of Western Virginia with whom I coffered on the subject that it should be left for the action of the Governor, to whom the memorial of Judge Pitts had been transmitted and with whom they engaged to communicate personally. After completing my duties as commissioner in regard to state prisoners, finding Judge Pitts still in the exercise of his judicial authority, I wrote to the Government of Western Virginia urging his removal and the appointment of a loyal citizen in his place. I deemed this course the most proper for two reason:

1. Martial law had not been declared in the counties of Accomac and Northampton. The authority of the government of Western Virginia had been extended over them. No part of the Union had been more quiet or submissive to the laws. They had elected loyal men to the Legislature and to Congress and all persons in office within them had taken the oath of allegiance to the United States.

2. I did not deem it advisable to displace Judge Pitts by military force and thus supersede the remedial action of the loyal Governor of Western Virginia by a measure which might have been misconstrued into censure or distrust until his wishes were made known I did no think it right on general principles to overthrow by military power the exercise of the judicial authority in loyal State governed by a loyal chief magistrate unless it should become indispensable for want of the necessary authority in him under the State constitution. Having expressed my strong disapprobation of the conduct of Judge Pitts, having communicated to him through a State senator my condemnation of his disloyal course and having appealed to the Governor for his dismissal, I deemed it incumbent on me to defer to exercise of the military power vested in me until advised by he authority to which I had appealed that there was no other remedy.

In the case of Judge Carmichael whom I arrested on a recent occasion I not only had the authority of the Government but I also consulted with the Governor of Maryland, who left the whole matter to be disposed of by me in the exercise of a should discretion.

I will only add that I had an appointment with Governor Peirpoint at Baltimore on the day I was relieved from the command of the Middle Department, and that my departure of Fort Monroe on a notice of a few hours prevented me from keeping it. Had we met it is not improbable that there would have been some action between us on the subject.

I am, very respectfully, your obedient servant,

JOHN A. DIX,

Major-General.

SPECIAL ORDERS,
HEADQUARTERS MIDDLE DEPARTMENT, Numbers 11.
Baltimore, Md., June 19, 1862.

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III. In accordance with instructions from War Department the following-named prisoners of war will be sent to Fort Delaware at 2 p. m. to-day via Ericsson line of steamers, viz: Brigadier-General Pettigrew, Confederate Army; Colonel Roger W. Hanson, Second Kentucky Volunteers, Confederate Army; Colonel William e. Baldwin, Fourteenth Mississippi Volunteers, Confederate Army; Lieutenant Colonel James Jackson,