mounted and armed, and acting not in the capacity of a soldier, but as guide to the ammunition train of General Longstreet's command. It is not probable that an old resident of that region occupying a respectable and responsible position in society would leave his home and his business for the purpose of enlisting as a rebel soldier. It is much more probable that he joined the enemy for the purpose of assisting them with the knowledge and information which he possessed as a citizen and as a man of intelligence and influence in the neighborhood, and the occu[pation in which he was engaged when captured was precisely such as his previous residence and local knowledge had best fitted him for.

It appears that his loyalty had been ling suspected among his fellow citizens. Under the circumstances it is not deemed that the prisoner's own statement should be held sufficient to settle his status, and in accordance with the suggestions in the within letters* it is recommended that the prisoners bee returned to the authorities of Franklin County to be prosecuted under the act of Congress of July 17, 1862, Chapter CXCV, or such other act as the evidence available in the case may indicate as more directly applicable to his offense. In view of the known disloyalty of Fitzhugh and his efficiency as a guide it is for the President to determine whether, in case he be remanded to the civil authority during the present invasion of Pennsylvania by the rebels, it will not be expedient to suspend in his case the privilege of the writ of habeas corpus.

Respectfully submitted.

J. HOLT,

Judge-Advocate-General.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., June 24, 1863.

Lieutenant col. W. H. LUDLOW,

Agent for Exchange, Fort Monroe, Va.:

COLONEL: A steamer will leave to-morrow with some 400 prisoners of war for delivery at City Point. I send with them a surgeon and chaplain to be delivered or not as you may think proper under the suspension existing of some of the provisions of the cartel. No transportation could be furnished at Philadelphia, and I have therefore sent from here the only available steamers in port to take the prisoners of war from Fort Delaware to City Point. they will be obliged to make two trips. Before the arrival of paroled prisoners from City Point I will be able to tell you how many should be delivered here. I doubt if they have as many as they represent, for nearly all the missing of Millroy's command have come in. I send you by the captain of the steamer another package of rolls of paroled men at Camp Chase who are to be exchanged. they are from many different regiments, and I don't see how you can classify them except by saying "officers and enlisted men at Camp Chase" on rolls presented.

Surgeon Barnes, medical inspector, informs me that there are frequently more prisoners confined at Fort Norfolk than the place will accommodate without producing much sickness, and as, if I understand rightly, prisoners of war are held there only temporarily while waiting delivery at City Point under your direction, I request you will avoid crowding the fort by returning to Fort Delaware as many as it will not conveniently accommodate. If prisoners of war are held there who have been captured in that department, I should have rolls and returns

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*Omitted.

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