War of the Rebellion: Serial 121 Page 0634 PRISONERS OF WAR AND STATE, ETC.

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two colored boys captured with a part of the Forty-second Regiment Massachusetts Volunteer Militia in Texas in 1863, and sold into slavery. I inclose copies of the papers sent at that time to the honorable Secretary of War, which I believe state all the necessary facts as I now recollect them.* I have also written to the friends of the boys here to learn whether they have any information concerning them.

Thanking you for your kindness in recollecting this case, and hoping that no effort will be spared to find these boys and return them to liberty and their families.

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

H. WARE,

Major and Acting Military Secretary.

NEW YORK, June 2, 1865.

General E. D. TOWNSEND,

Assistant Adjutant-General, Washington, D. C.:

SIR: The Department has given me permission to transmit through your office the open note sent herewith. The statements in the public prints render it doubtful where the gentleman to whom it is addressed may be confined at this moment, and consequently I am constrained to request that you will overlook the omission of an address and nevertheless cause the note to be delivered.

I am, sir, your obedient servant,

CH. O'CONOR.

[Inclosure.]

NEW YORK, June 2, 1865.

Honorable JEFFERSON DAVIS:

DEAR SIR: Gentlemen who have no personal acquaintance with yourself, and who never had any connection by birth, residence, or otherwise with any of the Southern States, have requested me to volunteers as counsel for the defense in case you should be arraigend upon an indictment which has been announced in the newspapers. No less in conformity with my own sense of propriety than in compliance with their wishes I beg leave to tender my services accordingly. I will be happy to attend at any time and place that you may indicate in order to confer with yourself or others in relation to the defense. The Department of War having given its assent to the transmission of this open letter through the proper military authorities I infer that if my professional aid be accepted you will have full permission to confer with me in writing and orally at personal interviews, as you may judge to be necessary or desirable.

I am, dear sir, yours, respectfully,

CH. O'CONOR.

HEADQUARTERS, Tallahassee, Fla., June 2, 1865.

Brigadier-General HOFFMAN,

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

SIR: In answer to your letter of the 21st of May, 1865, I have the honor to state that on the 28th of April, 1865, an officer under flag of

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*See Ware to Browne (with inclosure) and Canby to Andrew, Vol. V, this series, pp. 455, 484.

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