[Second indorsement.]

I cordially concur in the impression of Senator Morgan, and hope that every facility will be granted the applicants.

WM. D. KELLEY.

[Third indorsement.]

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., June 3, 1864.

Respectfully submitted to the Secretary of War for instructions.

W. HOFFMAN,

Colonel and Commissary-General of Prisoners.

Per W. T. HARTZ,

Captain and Assistant Adjutant-General.

[Fourth indorsement.]

WAR DEPARTMENT, June 4, 1864.

Respectfully returned to the Commissary-General of Prisoners.

The Secretary of War directs that the applicants be advised that a committee of Congress has already fully examined the question proposed for investigation by them and under circumstances more favorable for eliciting the full facts of the case.

By order of the Secretary of War:

JAS. A. HARDIE,

Colonel and Inspector-General.

RICHMOND, VA., June 2, 1864.

Major IG. SZYMANSKI, Assistant Agent of Exchange:

SIR: I have received your several communications through Captain Clark and Major Springer. I would have replied to those brought by the first-named officer if I could have given you definite information.

As soon as the information of the victories upon the Red River reached us, upon consultation with the Secretary of War and with his approval I telegraphed to General Polk to send forthwith a special messenger to General E. K. Smith, notifying him not to deliver the captured Yankees, even though they might be embraced by the stipulations of the cartel made between Generals Taylor and Banks. General Polk telegraphed me that he had received my message and that the messenger had been dispatched. I suppose the messenger has reached his destination before this date.

The authorities here would much prefer that all the prisoners west of the Mississippi should be held until the enemy agrees to resume the cartel. If, however, that is impossible, or would seriously interfere with military movements, a mutual delivery by both parties of the same number of the same rank might be allowable. Beyond this, however, the War Department is entirely unwilling to go. The Department, indeed, would much prefer the detention of all until the enemy agreed to a general delivery of all prisoners, the excess to be on parole. It is a certain thing that if these prisoners are delivered they will be immediately declared exchanged and ordered to duty. The only way to prevent such a wrong is either to hold on to all or surrender such a number as the Yankees can deliver to us at the same time and place.