War of the Rebellion: Serial 118 Page 0126 PRISONERS OF WAR AND STATE, ETC.

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the advice of the Attorney- General by direct communication from themselves, stating the facts upon which the question arises and the question itself, I am yet bound to suppose that the reference of these papers tome by Mr. McKeever "for my opinion" was by your order. I therefore waive the question of the propriety of this method of asking my opinion.

But as no question is stated "by your order" for my opinion, and as I have no means of ascertaining the point upon which you desire my advice and as moreover I am unable to perceive from he papers that any question which night be extracted from them "concerns the Department" over which you preside, I do not think that I have any legal authority to search the papers for a point on which to give an opinion. I therefore have the honor to return them to you.

I am, sir, very respectfully, your obedient servant,

EDWARD BATES,

Attorney- General.

OFFICE COMMISSARY- GENERAL OF PRISONERS,

Washington, D. C., December 27, 1862.

Major General H. G. WRIGHT,

Commanding Department of the Ohio, Cincinnati, Ohio.

GENERAL: In reply to the letter of Surg. C. McDermont, medical director, Right Wing, Fourteenth Army Corps, referred to this office, I have the honor to state that the circumstances under which the sick and wounded referred to by Doctor McDermont were delivered are such as to make it right and proper that all should be considered as on parole though a part of the number did not through an oversight give their individual paroles. Their names will be sent to Colonel Ludlow, agent for the exchange of prisoners, to be included in the next exchanges.

I have the honor to be, very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary- General of Poisoners.

OFFICE COMMISSARY- GENERAL OF PRISONERS,]

Washington, D. C., December 27, 1862.

Lieutenant Colonel W. H. LUDLOW,

Agent for Exchange of Prisoners, Fort Monroe, Va.

COLONEL: I inclose herwith further rolls* of prisoners for exchange. In relation to the twenty- seven prisoners referred to in Doctor McDermont's letter* herwith inclosed I have written to General Wright that they should be considered as on parole and that I would refer the names to you for exchange. I have recently learned that Captain John W. Alley, of the Third U. S . Infantry, who was taken at Brownsville. Tex., in April, 1861, has not been exchanged. Will you be kind enough to put his name on your rolls and effect his exchange as early as possible.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary - General of Prisoners.

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*Not found.

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