War of the Rebellion: Serial 118 Page 0546 PRISONERS OF WAR AND STATE, ETC.

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QUARTERMASTER'S DEPARTMENT,

Indianapolis, Ind., May 1, 1863.

Colonel WILLIAM HOFFMAN,

Commissary - General of Prisoners, Washington, D. C.

COLONEL: I herewith inclose an account* for medical service in favor of Doctor Funkhauser. The service has been rendered exclusively for and to prisoners of war. Please indicate how the account can be paid. The contract spoken of in the account was I understand made with Colonel Carrington, commanding at this post, a copy of which was sent to Surgeon - General U. S. Army.

I am, colonel, respectfully, your obedient servant,

JAMES A. EKIN,

Assistant Quartermaster, U. S. Army.

JUDGE - ADVOCATE - GENERAL'S OFFICE, May 2, 1863.

SECRETARY OF WAR:

The Executive Department of the Government has no power to absolve Walter H. Powell from the oath of allegiance which he has taken. He alleges that he was forces to take it by the imprisonment to which he was subjected in consequence of his having refused it. It does not otherwise appear for what cause he was imprisoned. If the imprisonment was illegal and the oath taken under its pressure such dares would deprive it of all obligatory force. If it is thus invalid it should be so treated in the forum of conscience and would be so declared ink any proceeding in which the question of its legality might be involved. The Government has not authority to declare the oath in the abstract inoperative and void or to relieve the party from any obligations it may have imposed.

J. HOLT,

Judge - Advocate - General.

OFFICE COMMISSARY - GENERAL OF PRISONERS,

Washington, D. C., May 2, 1863.

Brigadier General J. D. COX,

Commanding District of Ohio, Cincinnati, Ohio:

In reply to your indorsement on the letter of Brigadier - General Mason, commanding at Columbus, Ohio, dated the 21st instant, I have the honor to inform you that General Orders, Numbers 72, of June 28, 1862, is the order which governs the disposition of paroled troops, and the camps therein designated are the only ones at which they are to be assembled. I am authorized where there is occasion for it to designate other camps in the West for their reception, but camps cannot be allowed to individual States. The difficulty of furnishing efficient commanders and suitable guard for such camps is a great obstacle to their being multiplied if there were no others, and another camp will not be selected until there is an absolute necessity for it. I have applied to Major - General Burnside, commanding the Department of the Ohio, for a permanent and reliable guard for Camp Chase, and with it I have no doubt better order and better discipline will prevail.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary - General of Prisoners.

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* Not found.

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