War of the Rebellion: Serial 118 Page 0561 CORRESPONDENCE, ETC. -UNION.

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JUDGE-ADVOCATE-GENERAL'S OFFICE, May 6, 1863.

The SECRETARY OF WAR:

I am aware of no ground on which money can be confiscated because it is suspected or even known that it is the purpose of its owner or holder to invest it in goods designed for a contraband trade. The law punishes acts and not mere intentions, and for the obvious reason that such intentions may never be carried into execution or any attempt made to do so. A locus penitentiae is allowed to all contemplating evil or illegal acts and up to their inception or consummation the probability of a change of purpose is recognized. The discovery of funds held under such circumstances of suspicion could stimulate the officers to increased vigilance in observing the subsequent conduct of the parties, but no other use can be made of the discovery. Could it be clearly shown that the money was the proceeds of goods sold in the course of a contraband trade the rule might be different. Notes or bonds of the so-called Confederate States cannot be recognized as possessed of any moneyed value. They should be treated as any other publications calculated to incite to a support or sympathy with the rebellion which may fall into the hands of the officers of the United States Government.

J. HOLT,

Judge-Advocate-General.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., May 6, 1863.

Brigadier General J. H. MARTINDALE,

Military Governor, Washington.

GENERAL: Arrangements are being made by the quartermaster to provide transportation to Philadelphia and Fort Delaware for 3,000 prisoners of war to-morrow morning. It is possible that not more than 1,000 can be sent through at a time, but if the rolls can be prepared and the necessary transportation be obtained it is very desirable that all should leave to-morrow.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., May 6, 1863.

Brigadier General JOHN S. MASON, Commanding, Columbus, Ohio.

GENERAL: In reply to your letter of the 27th ultimo I have the honor to inform you that all soldiers and officers captured and paroled previously to the publication of General Orders, Numbers 49, of the 28th of February last are held bound by their parole though not delivered at City Point or Vicksburg and they cannot be ordered to do duty until exchanged. An order announcing the exchange of recent deliveries at City Point will be published in a few days.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

36 R R - SERIES II, VOL V