OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., June 4, 1864.

Lieutenant Colonel MARTIN BURKE,

Commanding Fort Lafayette, New York Harbor, N. Y.:

COLONEL: In reply to your letter of yesterday I would respectfully inform you that the circular of the 1st instant, regulating the ration to be issued to prisoners of war, applies to all prisoners reported to this office.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry and Commissary-General of Prisoners.

WAR DEPARTMENT, Washington City, June 4, 1864.

Colonel JAMES A. HARDIE, Inspector-General, &c.:

COLONEL: I have the honor to report, as by you directed, upon certain cases of prisoners confined at Forts Lafayette and Warren, investigated and reported upon by the commission appointed by Major General John A. Dix, commanding Department of the East, and this report refers only to the blockade-runners. The commissioned, with Major-General Dix's approval, recommended the discharge from custody of the blockade-runners, on the ground that no violator of blockade is, by the laws of war, personally liable to punishment for his act. In all such cases the proceedings are in rem; that forfeiture of ship and cargo and loss of wages are the only penalty imposed by the law of nations for breach of blockade; that blockade-running is an offense against the municipal law of the State or district in which it was committed, and the U. S. courts cannot punish the blockade-runner whose acts have not been done within such limits; that blockade-runners may be lawfully detained until they are brought ashore, and if needed as witnesses before the prize courts can be held to give evidence, but other and further detention is an act of power, not of right; and further, that no persons except such as are in the military or naval service of the United States are subject to trial by military courts, spies only excepted; and that, except in districts under martial law, a military commission cannot try any person whatsoever not in the U. S. military or naval service for any offense whatever. This judicial ruling, of course, if approved, discharges the blockade-runners and excludes from trial before military courts and commissioned all persons charged with any offense whatever if not in military or naval service. It appears that nineteen of the blockade-runners at Fort Lafayette committed their offenses in the insurgent States, where there are no U. S. courts to try them, and therefore, under this judicial ruling, they are nowhere liable to trial. It is not the interpretation of the laws of war touching the violations of blockade as promulgated by the military commission to which I desire to call especial attention, but it is to the application made by them. I respectfully submit that the prisoners in question are blockade violators, radically variant in character (type) and status from those to whom the laws of war have heretofore applied. Indeed, they are not blockade-runners in the acceptation of the term to which the laws of was apply. They are, generally, whether citizens or foreign subjects, employees of the rebels. A large portion of the vessels engaged in running the blockade are owned in whole or in part by the rebel Government or by the rebel States. Vessels engaged in blockade-running