the laws of Virginia and have incurred the penalties annexed to their violation. If I can procure the necessary evidence (as I believe I can do) I wish to subject these parties to a trial. If the State shall fail to make out the case they will be restored to the custody of Confederate officers.

In the recent letter of the President to General Lee under date July 31, 1862, I find these prisoners thus truthfully and appropriately described:

Under this state of facts this Government has issued the inclosed general orders recognizing General Pope and his commissioned officers to be in the position which they have chosen for themselves-that of robbers and murderers and not that of public enemies entitled if captured to be considered as prisoners of war. We find ourselves driven by our enemies by steady progress toward a practice which we abhor and which we are vainly struggling to avoid. Some of the military authorities of the United States seem to suppose that better success will attend a savage war in which no quarter is to be given and no [age or] sex to be spared than has hitherto been secured by such hostilities as are alone recognized to be lawful by civilized men in modern times.

For the present we renounce our right of retaliation on the innocent and shall continue to treat the private enlisted soldiers of General Pope's army as prisoners of war, but if after notice [has] been given] to the Government at Washington of our confining repressive measures to the punishment only of commissioned officer who are willing participants in these crimes these savage practices are continued we shall reluctantly be forced to the last resort of accepting the war on the terms chosen by our foes until the outraged voice of a common humanity forces a respect for the recognized rules of war.

If these men are to be considered as "robbers and murderers" they are such under the laws of Virginia, and they have justly incurred the penalties which those laws annex to their crimes. If they are not "prisoners of war" then they can be regarded in no other light than as criminals.

I therefore request that some of these officers shall be turned over to the State authorities in order that they may be proceeded against in the mode prescribed by the laws of Virginia. If found guilty I will see that they are made to pay the penalty for their crimes against humanity and civilization.

I understand also that General Jackson in his recent cattle at Cedar Run has captured some free negroes who came with the Federal Army to Virginia, and who are here in violation of the laws of the State. I request also that these may be turned over to the State authorities, to be dealt with as the Virginia laws prescribe.

I am, truly,

JOHN LETCHER.

[First indorsement.]

Respectfully submitted to the President. This demand of Governor letcher renders it necessary for the Confederate State Government to define its position with reference to the prisoners of war claimed by State authorities as offenders against the municipal laws of the States. This being an important question and one requiring consideration I deem it best to submit it to the President.

GEO. W. RANDOLPH.

Secretary of War.

[Second indorsement.]

Secretary of War inquire of the Governor as to the cases referred to. It can only be decided after specifications.

J. D.