War of the Rebellion: Serial 119 Page 1072 PRISONERS OF WAR AND STATE, ETC.

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taken from the list have been paroled and sent as directed. But as only one colonel, one lieutenant-colonel, and no major remain on the list, the 'same proportion as in the last order" could not be maintained.

I have completed the fifty by taking captains and lieutenants from the list to make up the deficiency of colonels, lieutenant-colonels, and majors.

You are familiar with the doctrine of by pres in law, applied to the interpretation of wills, which requires, when the intention of the testator cannot be literally executed, that it shall be executed as nearly as possible, and that rule I have applied to your order.

G. MARSTON,

Brigadier-General, Commanding.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., March 17, 1864.

Major General E. A. HITCHCOCK,

Commissioner for Exchange of Prisoners, Washington, D. C.:

GENERAL: As a basis for a further partial exchange of prisoners of war I would respectfully present the following memoranda. Brigadier-General Meredith, commissioner for exchange, received at City Point from Mr. Ould the following deliveries, viz:

Date. Deliveries. Equivale Total.

nt in

privates

1863

Sept. 23 171 non-commissioner officers 342

23 575 privates 575

917

29 107 non-commissioner officers 214

29 564 privates 564

778

Oct. 28 29 non-commissioned officers 58

28 155 privates 155

213

Making a total in privates of

-----

1,908

Major-General Butler, commissioner for exchanges, made the following deliveries of rebel prisoners at City Point:

Date. Deliveries. Equivalen Total.

t in

privates

1863.

December 4 commissioner officers 20

28

28 79 non-commissioned officers 158

28 421 privates 421

1864. 599

Jan. 29 3 officers --- 20

Feb. 27 1 officer --- 4

March 6 58 commissioned officers 356

6 130 non-commissioned officers 260

6 670 privates 670

1,286

Total ---- 1,909

The several deliveries above stated balance each other save one man, and they may be declared exchanged as equivalents.

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

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.