State into the Confederate Army during the recent rebel occupation of the State, secured partly by threats of conscription, who remained behind on the rebel retreat, and citizens of the State charged with active aid to the rebels during their occupation of the State.

Previous to the reception of your telegram we have disposed of these several cases according to the best of our ability upon their merits, releasing some, sending some to Camp Chase and some to Vicksburg. We have limited prison room here. How shall the cases where release is sought be brought before the Secretary of War?

For definite instructions on these and such other points as may suggest themselves to you I shall be greatly obliged.

Very respectfully, your obedient servant,

STEPHEN E. JONES,

Captain and Aide-de-Camp.

[First indorsement.]

The Secretary of War directs me to refer the questions contained in the within letter to General Hitchcock, agent for exchange of prisoners.

Respectfully,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

[Second indorsement.]

WASHINGTON, December 3, 1862.

I am of opinion that--

1. Deserters from the enemy can in no sense be considered prisoners of war. If professed deserters come within our lines they may be spies, and every commanding officer should judge of each case according to circumstances.

2. If recruits (made in Kentucky) are taken in arms they are prisoners of war unless a distinction is made between the people of Kentucky and those farther South. If prisoners of war desire not to be exchanged and yet wish to be discharged on a "bond," their cases should be reported together with a recommendation in each case, for or against.

3. Citizens charged with aiding the enemy should be treated as prisoners of state and a report made accordingly, each case by itself. With respect to the use of stamps on parole "bonds" I am of opinion that this word is not used in so technical a sense as to bring such papers within the meaning of the law requiring stamps.

E. A. HITCHCOCK,

Major-General of Volunteers, Commissioner, &c.

GENERAL ORDERS,
WAR DEPT., ADJT. GENERAL'S OFFICE, Numbers 193.
Washington, November 22, 1862.

I. All persons now in military custody who have been arrested for discouraging volunteer enlistments, opposing the draft or for otherwise giving aid and comfort to the enemy in States where the draft has been made or the quota of volunteers and militia has been furnished, shall be discharged from further military restraint.

II. Persons who by authority of the military commander or Governor in rebel States have been arrested and sent from such State for disloyalty or hostility to the Government of the United States and are now