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them as such so long as the enemy shall continue so to treat the like number of prisoners of war captured by then at sea, and now held for trial in New York as pirates. As these measures are intended to repress the infamous attempt now made by the enemy to commit judicial murder on prisoners of war, you will execute them strictly, as the mode best calculated to prevent the commission of so heinous a crime. Your obedient servant, J. P. Benjamin, Acting Secretary of War. To Brig. Gen. John Winder, Richmond, Va. Headquarters Dep't of Henrico, Richmond, Va., Nov. 1, 1861. Hon J. P. Benjamin, Sec'y of War: Sir: --In obedience to instructions contained in your letter of the 9th inst., one prisoner of war of the highest rank in our possession was chosen by lot, to be held for execution in the same manner as may be adopted by the enemy for the execution of Smith, recently condemned to death in Philadelphia. The names of the six Colonels were placed in a can. The f