band of armed men claiming and professing to be acting under the authority of the so-called Confederate States of America and carried into the limits or jurisdiction of the said Confederate States so called and (as this legislature has been informed) compelled to undergo hardships and perform duties entirely unsuited to their age and former harbits of life; and
Whereas many ineffectual appeals have been made in various ways for their release: Therefore, be it
Resolved by the General Assembly of Virginia, That the Secretary of War be and is hereby requested to select from among the prisoners now held by the Government of the United States of that may hereafter be taken for that purpose two or more of like standing and condition and holding like or similar relations to the Government of the so-called Confederate States as hostages for the release of the persons above named, and to make an unconditional demand for the immediate release of those persons accompanied with the assurance that whatever inflictions, punishments or penalties have been or may be imposed upon the persons thus demanded will be inflicted upon the persons so held; or to take such other measures as may be necessary and effectual for the purpose of securing the object desired.
Resolved, That the governor of this Commonwealth be respectfully requested forthwith to transmit to the Secretary of War a copy of this resolution.
I, Gibson L. Cranme, clerk of the house of delegates, do certify the above to be a correct copy of the joint resolution which was passed by the General Assembly on the 29th day of January, A. D. 1862.
GIBSON L. CRANMER,
Clerk of the House of Delegates of Virgiania.
ATTORNEY-GENERAL'S OFFICE, February 26, 1862.
Honorable E. M. STANTON, Secretary of War.
SIR: Calling sat your Deprtment this morning I was disappointed in finding that you were out as I desired to consult your good judgment and get a word of advice in regard to the inclosed telegram* from the marshal of the western district of Virgiania. I am not aware that I have anything to do with the matter of transferring military prisoners to udicial custody for trial, but I can readily foresee that cases of this sort may frequently happen and may lead to some embarrassment in the absence of any fixed rule for the tratment of those who are at once prisoners of war and subjects of judicial prosecution. Will you do me the favor to bestow some thought upon the subject so that I may have the benefit of your views when next we meet?
I have the honor to be, most respectfully, your obedient servant,
DEPARTMENT OF STATE, Washington, February 26, 1862.
DAVID L. PHILLIPS, Esq.,
U. S. Marshal, Southern District of Illinois, Springfield.
SIR: Your letter and its inclosure of the 23rd instant has been duly received. In reply I have to inform you that the several questions to