[Second indorsement.]

WAR DEPARTMENT, December 27, 1863.

Respectfully referred tot he Adjutant-General for report.

By order of the Secretary of War:

ED. R. S . CANBY,

Brigadier-General and Assistant Adjutant-General.

[Third indorsement.]

ADJUTANT- GENERAL'S OFFICE, January 4, 1864.

Resentfully returned to the Secretary of War.

Nothing can be found on the files of this office in relation to the putting to death of Kansas volunteers taken prisoners by the rebels.

Inclosed is the report of the Commissary- General of Prisoners on the subject.

E. D . TOWNSEND,

Assistant Adjutant-General.

[Sub- inclosure Numbers 2.]

OFFICE OF COMMISSARY- GENERAL OF PRISONERS,

Washington, D. C., January 2, 1864.

Colonel E. D. TOWNSEND,

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

COLONEL: I have the honor to return herewith the two resolutions which accompanied your note of the 30th ultimo.

There is nothing on the records of this office to show the manner in which your wounded and dead soldiers have been treated on the battlefield by the rebels, nor is there anything to show that Kansas volunteers have been put to death on being taken prisoners. Only fifty- eight enlisted men of Kansas regiments can be found on the records as having been delivered on parole by the enemy.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry and Commissary- General of Prisoners.

WAR DEPARTMENT, Washington City, January 12, 1864.

Major General JOHN A. DIX, Commanding at new york.

GENERAL: You are directed to investigate the cases of persons arrested and detained in Fort Lafayette and other military prisons in your command (other than prisoners of war) and to detail and organize courts- martial and military commissions for the trial of all persons against whom there shall be any evidence of violating the laws of war, in order that they may have a speedy trail and punishment. Persons against whom no evidence appears, and no reason for their detention, you will please report to their Department, setting when and by what authority they were arrested and your recommendation as to what shall be done in their cases. Your immediate and diligent attention to the execution of this order is requested. You will acknowledge its receipt.

Your obedient servant,

EDWIN M. STANTON,

Secretary of War.