they do or where they do it, but whether they are in the number for which allowance is claimed in good faith retained in the employment and under the direction of the officers as servants. The suggestion that their services must in some way or other be performed in connection with the official duties of the officer is not justified by the spirit or language of the legislation upon the subject. The act of 24th of April, 1816, speaks of them as the "private servants" of the officer, and so they are in the full sense of the term. If as is intimated by the Comptroller a practice has grown up on the part of captured officers of signing pay certificate including charges of forage for horses and wages for servants known not to have been kept at the time and place of their imprisonment such practice should be suppressed so far as it may be found to conflict with the principles herein announced.

The objection as expressed by the Comptroller would certainly be fatal to any claim for forage but unavailable against one for servants. This class of accounts should be strictly scrutinize and officers should be admonished as to the prevailing construction of the laws under which they are rendered. Under the Fourteenth Article of War an officer certifying to the Government falsely in regard to his pay is liable to be dismissed iron the service, and most assuredly a paper followed by such penal consequences should not be suffered to become the basis of a e Treasury.

Paroled prisoners so far pay and allowances are concerned must be regarded as in actual service. Officers, however, thus circumstanced unless engaged in other service than that against the rebels are not on duty in the sense of the first section of the act of 17th July, 1862 chapter 200. The terms of their parole oblige them to desist from the performance of military duty against the rebels until regularly exchanged, and they must be recognized and treated by the Government as keeping their parole. It is not intended by the General Orders, Numbers 9, either to enlarge or restrain the acts of Congress or the usages of the service in reference to the pay and allowances due our officers and soldiers while in captivity. The object of the Secretary was simply in brief terms to announce to them their rights under existing laws in the event that in the fortunes of war they would should be captured by the enemy.

Very respectfully, your obedient servant,

J. HOLT,

Judge-Advocate-General.

HEADQUARTERS, Camp Chase, October 25, 1862.

Colonel WILLIAM HOFFMAN.

COLONEL: I herewith inclose certified rolls* of two detachments of prisoners of war belonging to the Confederate Army forwarded by me from this post to Cairo, Ill., for exchange; one of 191 prisoners, September 29, 1862, and one of 49 prisoners, October 13, 1862. Also a roll* of 38 irregular prisoners of war transferred by me yesterday, 24th instant, from this post to Johnston's Island, Sandusky.

An explanation is necessary as to keeping part of these last-named prisoners after they should have been sent to Johnson's Island. It is this: When sent here there were no charges furnished and they were regiments as citizens. When the charges arrived they were filed but no charge made upon the books. The facts have just come to my knowledge and I have caused your orders to be enforced as to them.

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* Omitted.

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