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WAR DEPARTMENT, Richmond, September 28, 1861
Hon. FLEMING B. MILLER,
Sir: I am informed by the Hon. J[ohn] R[andoloh] Tucker, attorney-general of Virginia, that certain prisoners held on charges of disloyalty in the jail of Roanoke County under and by Brigadier-General Wise have applied for discharge on writs of habeus corpus returnable to the 4th of October next. I have replied that such of these prisoners as would take the oath of allegiance to the Confederate States might be released at once. I have now the honor to request you, as suggested by Mr. Tucker, to attend the trial of the others on behalf of the Confederate Government.
J. P. BENJAMIN,
SOURCE: Official Records of the War of the Rebellion, Series 2, Volume 2, pg. 1385
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