OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C. December 3, 1862.

Lieutenant Colonel W. H. LUDLOW,

Agent for the Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herewith a letter* from Judge Goodloe, of Lexington, Ky., inclosed by Major-General Wright, commanding Department of the Ohio, in relation to the capture and parole of home guards in Kentucky.

Under the cartel there can be certainly no propriety in the rebel authorities imposing any other than the usual restrictions on those whom they may capture. Have you the views of Mr. Ould in this matter or can you make any suggestions as to be pursued?

I inclose a list+ of Federal officers and men captured at different places, which I have picked up at different times. No rolls are furnished.

Rolls of General Rosecrans' captures have been forwarded to this city but they have not yet arrived. I will forward to you as fast as I receive them all rolls of Federal or rebel prisoners.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., December 3, 1862.

Captain S. E. JONES,

Headquarters Western District, Louisville, Ky.

CAPTAIN: Your letter of the 22nd ultimo++ received and I have to reply that deserters from the rebel army cannot be considered prisoners of war but to insure their loyalty they should be required to take the oath of allegiance with the penalty of death for its violation.

If professed deserters come within our lines they may be spies and every commander should judge of each case after careful inquiries according to the circumstances. All soldiers taken in arms, whether recruits or conscripts, are prisoners of war, and if they desire not to be exchanged but to be released on bond a special report should be made in each case with a recommendation for or against. All civilians who took part with the rebels during their recent inroad into Kentucky should be sent to the depot at Johnson's Island, Sandusky, with a clear statement of the charges in each case. Doubtful cases may be sent to Camp Chase.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

HEADQUARTERS DEPARTMENT OF VIRGINIA,
Fort Monroe, December 3, 1862.

ROBERT OULD, Esq., Agent for Exchange of Prisoners.

SIR: Your communication of the 20th @ of November has been received and forwarded to the Secretary of War. In my letter to you of the

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* See Vol. IV, this Series, p. 706.

+ Omitted.

++ See Vol. IV, this Series, p. 745.

@ See Vol. IV, this Series, p. 770.

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