[Third indorsement.]

OCTOBER 13, 1864.

An attempt on the part of prisoners to escape is not regarded as a crime, but it justifies any measures necessary to prevent its recurrence.

E. A. HITCHCOCK,

Major-General of Volunteers.

[SEPTEMBER 30, 1864.]

Honorable E. M. STANTON, Secretary of War:

The undersigned, directed by Special Orders, Nos. 13 and 31, War Department, Washington, to hear and determine the cases of state prisoners confined at Forts McHenry and Delaware, by order of the general commanding the Middle Department, having performed that service, beg leave to report:

The commission was furnished by the commanding officers of Forts Delaware and McHenry with lists of the prisoners of state confined in each of said forts, respectively, with short statements of the charges against them, from which it appeared there were confined -

Cases.

At Fort McHenry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

At Fort Delaware. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

----

Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

The proof afforded by the papers in these cases was in many instances necessarily meager, many of the parties having been arrested in haste by officers on the march and upon representations made by the loyal people in disturbed districts, sufficiently justifying the officers who arrested them, but inaccessible to us.

The commission concluded, therefore to examine the prisoners themselves and to hear from them such explanation as they might make of the charges against them, believing it to be possible to judge by referring to the papers containing the charges how far each was inclined to make a fair statement of his case.

The commission from time to time disposed of all cases referred to them. They recommended to be handed over to the civil authorities of the United States for trial, 4; to be exchanged as prisoners of war, 4; to be continued in confinement, 8; to be tried by court-martial, 2; to be released on oath not cross the Potomac, 1; to be released upon taking the oath of allegiance, 18; to be released upon taking the oath of allegiance and parole not to cross the Potomac 9; to be sent to his regiment for trial as a deserter, 1; released by General Lockwood before his case was decided, 1.

The commissioners take pleasure in stating that nothing gave them greater satisfaction than to find in the discharge or their duties under these orders that, though in the midst of civil war and in a district of country where personal hostility exists among neighbors, and even families, the officers of the Middle Department charged with the duty of arresting parties hostile to the United States had acted with great moderation and discretion. For the most part strangers to the people among whom they were called to act, it was not improbable instances would occur where the military power might by bad men be invoked to gratify private malice or revenge.

You commissioners deem it due to truth to state that no case was referred t them in which it did not appear from the prisoner's own statement that he was properly arrested, and none were confined who