War of the Rebellion: Serial 118 Page 0244 PRISONERS OF WAR AND STATE, ETC.

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[Inclosure.]

HEADQUARTERS DEPARTMENT OF VIRGINIA,

Fort Monroe, February 2, 1863.

Major-General HITCHCOCK,

Commissioner for Exchange of Prisoners.

GENERAL: I have the honor to inform you that I have concluded arrangements with Mr. Ould for the release of all citizen prisoners who have been captured by the Confederates in their raids. This will include of course those taken by General Stuart in Maryland and Pennsylvania. I think I can make the agreement to cover all our citizen prisoners, and I suggest that orders be immediately given to have all the citizen prisoners who have been captured by our military officers forwarded to Washington from their various places of detention. I will send a steamer from her to take them up to City Point for exchange. I consider it very desirable that the number sent should be as large as possible, the Confederates having more than 250 of our Union men. Would not this be a favorable opportunity to send all not under sentence? The information asked for and referred to me in relation to some of our officers and men will be communicated as soon as obtained. The demand has been made for Doctor Rucker and Assistant Surgeon Green is held a hostage for him. I have entered my earnest protest against any of our officers and men being retained in gross violation of the cartel and placed under the operation of State laws. I do not think the threat of Jeff. Davis will be permitted to be carried out by the Confederate Congress. The fact that we have more of their officers than they have of ours is a troublesome one to them. I shall be in Washington in a few days. May I ask the favor that you will show this letter to the Secretary of War and to Colonel Hoffman and inform me what orders are issued in relation to its subject-matter?

I am, very respectfully, your obedient servant,

WM. H. LUDLOW,

Lieutenant-Colonel and Agent for Exchange of Prisoners.

FORT HAMILTON, N. Y., February 5, 1863.

Honorable EDWIN M. STANTON.

SIR: A person calling himself Mr. Ray came to this post to-day and asked to see me. Upon the officer of the day inquiring his business he stated that he was a civil officer and had papers to serve on me. Upon my refusing to see him or allow the papers to be served he said that he had an interview with the Governor and was acting under instructions; and he further said that the civil authorities were determined and that my refusing to allow the papers to be served would certainly lead to a conflict. Please answer.

MARTIN BURKE,

Lieutenant-Colonel Third Artillery.

FORT HAMILTON, N. Y., February 5, 1863.

Honorable EDWIN M. STANTON:

In connection with my dispatch to you of this date I have understood that the papers desired to be served on me was a habeas corpus, for who I know not.

MARTIN BURKE,

Lieutenant-Colonel Third Artillery.