WAR DEPARTMENT, Richmond, September 15, 1862.

His Excellency JEFFERSON DAVIS,

President Confederate States of America.

SIR: I have the honor to return the report of Brigadier General John H. Winder and of the provost-marshal in the case of Charles K. Hyde in response to the resolution of the House of Representatives adopted on the --- instant. The order under which the arrest was made had never before been submitted to the Department, and conceiving it to be unauthorized I have ordered it to be materially modified. It having been found that the establishment of agencies for the procuration of substitutes led to desertion and was pernicious to the discipline of the Army, the general commanding the Department of Henrico was authorized to forbid the practice, but it was not intended that this prohibition should be enforced by impressment and confiscation, and I am informed that in these particulars the order has never been executed.

The facts of the case appear to be briefly as follows:

Mr. Hyde was found in the act of procuring unnaturalized foreigners as substitutes in express violation of a general order of the War Department. He acknowledged the agency and was understood as admitting that he acted as a general agent and therefore was supposed to be violating the order of the general commanding the military department. He was committed to prison, remained a few hours, was bailed and the next day on the facts of the case being known he was released from his obligation of bail.

Martial law still existing in Richmond, although the writ of habeas corpus is no longer suspended, I must request instructions as to the extent of the powers of the military commander of the city and whether he may suppress tippling shops, agencies for procuring substitutes and other practices subversive of the discipline and efficiency of the Army.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

JACKSON, September 15, 1862.

Honorable SECRETARY OF WAR;

Four thousand prisoners returned. All the officers will arrive to-day. Men suffering and should be rendezvoused farther north if we hope to save many for the field. You will settle the vexed question where these troops are to go ultimately and relieve me of the embarrassments of Bragg's staff officer. I can organize men promptly and more efficiently. Can you not give me full and sole control? I cannot communicate with Bragg and matters are all at the cross purposes.

LLOYD TILGHMAN,

Brigadier-General.

RICHMOND, September 16, 1862.

Major General EARL VAN DORN, Jackson, Miss.:

Exchanged prisoners must join their regiments; must be brigaded as far as practicable by States. Subject to these requirements and to General B. Bragg's instructions you may distribute them as you think best. It is obviously proper for J. C. Breckinridge to have the Kentucky regiments. It is impossible for the Department to instruct you as to your line of operations, but co-operation between S. Price and yourself is