Official Records of the Union and Confederate Armies: Ser. II, Vol. 2, Ch. 1.
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THE
WAR OF THE REBELLION:
A COMPILATION OF THE
OFFICIAL RECORDS
OF THE
UNION AND CONFEDERATE ARMIES.

{p.1}

SERIES II, VOL II.
TREATMENT OF SUSPECTED AND DISLOYAL PERSONS NORTH AND SOUTH.
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MISCELLANEOUS UNION REPORTS, CORRESPONDENCE, ETC.

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SUMMARY OF PRINCIPAL EVENTS.

Apr.27, 1861.–President Lincoln authorizes Lieut. Gen. Winfield Scott, U. S. Army, to suspend the writ of habeas corpus in his discretion on any military line between Washington and Philadelphia.
June28, 1861.–Capture of the steam-boat Saint Nicholas in Chesapeake Bay by a party of disguised laboring men under command of Richard Thomas Zarvona.
July8, 1861.–Arrest of Richard Thomas Zarvona, a Virginia officer, for piracy in Chesapeake Bay.
12, 1861.–The House of Representatives asks the Attorney-General to lay before it a copy of his opinion on the suspension of the writ of habeas corpus and copies of executive orders authorizing its suspension by military commanders.
18, 1861.–The Secretary of State transmits to the House copies of said executive orders.
The Attorney-General transmits to the House a copy of his opinion.
21, 1861.–Congressman Ely, of New York, captured on the Bull Run battlefield by the Confederates.
23, 1861.–Hon. Arnold Harris, of Kentucky, arrested at Fairfax Court-House, Va., and sent to Richmond.
Aug.8, 1861.–An act of the Confederate Congress defining alien enemies approved by the President.
12, 1861.–Arrest of Hon. Charles J. Faulkner, the American minister to France. He is sent to Fort Lafayette.
14, 1861.–President Davis issues a proclamation warning alien enemies to leave the Confederate States.
19, 1861.–Arrest of M. Louis de Bebian, a French citizen.
Arrest of William Henry Hurlbert at Atlanta, Ga., and confinement in a Richmond prison.
25, 1861.–Arrest of Hon. James G. Berret, mayor of Washington.
27, 1861.–Lieutenant-General Scott, U. S. Army, directs Lieut. Col. M. Burke, U. S. Army, commander of Forts Hamilton and Lafayette, to allow no writs to be served on him for prisoners under his charge.
Sept.12-14, 1861.–Arrest of the brothers Charles H. and William H. Winder.
11, 1861.–Arrest of Hon. James W. Wall, of New Jersey.
12-14, 1861.–Arrest of W. W. Glenn, F. Key Howard, Thomas W. Hall and S. S. Mills, Baltimore newspaper editors.
13, 1861.–Arrest of Hon. Henry May, a member of Congress from Maryland.
24, 1861.–Brig. Gen. Robert Anderson, U. S. Army, makes important political arrests in Kentucky. Other arrests follow by Brig. Gen. William Nelson, U. S. Army.
Oct.6, 1861.–Lord Lyons, the British minister, writes the Secretary of State protesting against the alleged cruel treatment of British seamen captured on blockade-runners. {p.2}
11, 1861.–The Secretary of State, Hon. William H. Seward, replies to Lord Lyons, transmitting a letter of explanation from the Secretary of the Navy.
Arrest of J. R. and F. D. Flanders, editors at Malone, N. Y., for disloyal utterances.
14, 1861.–The President authorizes the suspension of the writ of habeas corpus on any military line between Washington and Bangor, Me.
26, 1861.–The General-in-Chief directs the transfer of the political prisoners in New York Harbor to Fort Warren, Boston Harbor.
Nov.8, 1861.–The Confederate Commissioners, James M. Mason and John Slidell, arrested by Capt. Charles Wilkes, U. S. Navy.
15, 1861.–Brig. Gen. E. V. Sumner, U. S. Army, arrests William M. Gwin, Calhoun Benham and J. L. Brent, of California.
Feb.14, 1862.–President Lincoln issues Executive Order, No. 1, transferring the power to make extraordinary arrests from the State to the War Department.
27, 1862.–Secretary Stanton appoints Maj. Gen. John A. Dix, U. S. Army, and Hon. Edwards Pierrepont a special commission to examine state prisoners.

CONTENTS.

Miscellaneous Union Correspondence, etc., Relating to Political Arrests During the First Year of the War.2
Memoranda of Various Political Arrests-From Record Book, U. S. Department of State, “Arrests for Disloyalty.”290

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Miscellaneous Union Correspondence, etc., Relating to Political Arrests During the First Year of the War.

DEPARTMENT OF STATE, Washington, May 16, 1861.

G. HEINEKEN, Esq., Agent of the New York and Virginia Steamship Company, Washington, D. C.

SIR: I have received your letter* of yesterday’s date asking me to give you in writing my reasons for considering an acceptance on your part of Governor Letcher’s proposal to purchase the steam-ships Yorktown and Jamestown, recently seized by his orders and now in his possession, an act of treason. With this request I readily comply.

An insurrection has broken out in several of the States of this Union including Virginia designed to overthrow the Government of the United States. The executive authorities of the State are parties in that insurrection and so are public enemies. Their action in seizing or buying vessels to be employed in executing that design is not merely without authority of law but is treason. It is treason for any person to give aid and comfort to public enemies. To sell vessels to them which it is their purpose to use as ships of war is to give them aid and comfort. To receive money from them in payment for vessels which they {p.3} have seized for those purposes would be to attempt to convert the unlawful seizure into a sale and would subject the party so offending to the pains and penalties of treason, and the Government would not hesitate to bring the offender to punishment.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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OFFICE OF THE SUPT. OF THE METROPOLITAN POLICE, New York, May 17, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: On the arrival of the family of Mr. Faulkner and of Dr. Gustavus Holland, of Texas, I immediately telegraphed you and requested to be informed whether it was the desire of the Government to detain either of them (supposing at the moment that Mr. Faulkner was himself in company). Not receiving a reply I deemed it proper to act on the rumors rife and made an examination of the papers of Dr. Holland on the morning of Wednesday. Nothing, however, was found on him that was calculated to sustain the unfavorable report of his being a bearer of dispatches from Messrs. Mann, Yancey and company to the Confederate States of America. But I found on him copies of four letters (evidently made in the counting room of the writer) of the dates of March 23 and 27 and April 27 and 27, addressed to “Jefferson Davis, President of the Confederate States of America,” on the subject of loaning money by capitalists in Europe to the Confederate States of America, and refusing to do so until a full recognition of the repudiated debt of Mississippi should be made. I am having copies of these letters made and will forward them to you to-morrow.

Meanwhile a little incident has occurred that induced me to bring the doctor before me this evening when he informed me that an entire change has taken place in his views of the policy the South should pursue in the few days he has been here, and desired me to inform you that he is anxious to exert himself in restoring his Southern friends to reason; that he can convince them that they need expect no help from Europe; that he induced Mr. Gregory to make the motion in Parliament for the recognition of the Southern Confederacy under wrong information, &c. He expresses himself willing to call on you in Washington, where he can inform you further both in relation to things in Europe and at the South if you desire it. He was about to leave the city for Texas in a day or so, but will now await your pleasure. It would probably be best to notify me of your wishes in the matter, when I could communicate them to him. If you desire to address him direct you can do so by sending to Saint Nicholas Hotel.

Very truly, yours, &c.,

JOHN A. KENNEDY, Superintendent.

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OFFICE OF THE SUPT. OF THE METROPOLITAN POLICE, New York, May 18, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: As I advised you in my note of yesterday I herewith inclose copies of four several letters of the dates respectively of March 23 and 27 and April 27 and 27 from Edward Haslenwood, of 7 Lothbury, East Chelsea, London, to Jefferson Davis, President of the Southern Confederation, {p.4} on the subject of obtaining European loans for the South. These copies are made from manuscript copies furnished at the office of Mr. Haslenwood, the sheets bearing the printed heads of his office. I have engaged with Doctor Holland in whose possession they were found that no use should be made of them to his personal annoyance or disadvantage.

Very truly, yours, &c.,

JOHN A. KENNEDY, Superintendent.

[Inclosure No. 1.]

7 LOTHBURY, EAST CHELSEA, LONDON, March 23, 1861.

His Excellency JEFFERSON DAVIS, President of the Southern Confederation.

SIR: It must be evident to you that the principal difficulty with which the South has to contend is the want of money and the want of credit. As long as Mississippi forms part of the Southern Confederacy and as long as the bonds of Mississippi issued through the Planters’ and the Union banks are unsettled no loan can be negotiated in Europe. Mississippi must either go out or settle with her creditors. Within a few days you shall have a letter showing how other nations have compromised their debts and that the repudiation difficulty can be arranged.

I remain, your obedient servant,

EDWARD HASLENWOOD.

[Inclosure No. 2.]

7 LOTHBURY, EAST CHELSEA, LONDON, March 27, 1861.

JEFFERSON DAVIS, President of the Southern Confederacy.

SIR: On Saturday last I forwarded a few lines to you on the subject of the future credit of the Southern Confederacy and how far it would be injured by the course heretofore pursued by Mississippi with regard to her bonds. Outside of that letter I did not put any superscription beyond your name and address because I felt that it might become the ground for detention of the same by any of the postmasters of the Northern States who might wish to embarrass your movements.

Annexed to this letter you will find a copy* of the law of the London Stock Exchange which will hopelessly exclude any new loan until Mississippi shall make satisfactory arrangements with her creditors, and it is of no use to try the Continent because it is a standing rule with them never to take any loan which has been openly refused here. I am a member of the London Stock Exchange. I know perfectly the workings of the rule. I also know how futile your hopes will be of raising any money here except upon the conditions I mentioned, that the Mississippi debt must be acknowledged and settled. Moreover, I am one of the committee for settling the debts of Spanish America and have made arrangements for the debts of Peru, Chili, Buenos Ayres, Venezuela, New Grenada and Central America and in a future letter I will give you the benefits of my experience and show to you the nature of the compromises of other nations in the settlement of their debts. I am also the secretary of the committee appointed by the Mississippi bondholders having special reference to that class issued through the Planters’ Bank, though I do not now address you in my official capacity.

I am well aware of the difficulties of the question for raising money for the South, but I do not regard them as insurmountable provided {p.5} that the two debts of Mississippi are arranged for. Hopeless without it and among the difficulties are the non-recognition of the Southern Confederacy by the United States and by European nations, the probabilities of war between the North and South, the fact that the entire income of the South depends almost upon one staple; that the condition of their exchanges is such that any money advanced would take the form of a direct shipment of gold coin thus reducing the bullion in the Bank of England and prolonging the rate of discount at 7 per cent. per annum.

Slavery.-There are armies of annuitants who would not lend a sixpence on the slaves on principle; anyhow the rate would have to be very high because at all times the Southern sixes were only equal to Northern fives under the best circumstances. But the greatest difficulty is repudiation. Apparently it would seem to be unfortunate that you, the principal exponent and defender of repudiation, should have been chosen as the head of the Southern Confederacy. I regard it in quite another light. One word from you showing the necessity for retracing the steps of Mississippi would have more effect than a volume from any other man. Remember there is more joy over one error repaired than over myriads to -. If you have not the courage to do this then your position is a mistake. To-morrow I will send you much valuable information foreshadowing a solution to your difficulties.

I remain, yours, very truly,

EDWARD HASLENWOOD.

* Not found.

[Inclosure No. 3.]

7 LOTHBURY, EAST CHELSEA, LONDON, April 27, 1861.

JEFFERSON DAVIS, President of the Southern Confederacy.

SIR: According to the promise contained in my former letters I will give to you the outline of a compromise for both debts of Mississippi drawn from my experience in these matters. The first step is to obtain power from the legislature to the executive to make satisfactory arrangements with her bondholders within the means of the State. The question is not how much does Mississippi owe but how much can she pay? What is the maximum annually she hopes to set aside for redeeming her credit? What is the minimum she can guarantee? Above all things let her acknowledge as a debt the whole of the principal and the whole of the arrears of interest and make one common homogeneous debt of it, and then the sum the State can pay annually; whether it is large or small let it be equally divided over the whole debt. The system is to call a public meeting of the bondholders, obtain their cons sent to the acceptance of an arrangement on any basis proposed, appoint a representative or a committee to settle the details and immediately after the issue of the new bonds the Stock Exchange of London is open to the negotiation of any new loan or industrial enterprise of the State.

Among the very large number of the compromises which I have effected as one of the committee of Spanish-American bondholders I have never failed in convincing the creditors that they ought to accept the offer, provided that first of all I was myself convinced of the justice of the compromise. I have always been an advocate where the debt is very large and the revenue small that a fixed percentage of the total receipts should be set aside and taken by the creditors in full each year for the interest of that year. This prevents any great accumulation of unpaid arrears against the State, and also induces the creditors to benefit the State if in any way in their power. Any proposition should be accompanied by statistics showing the position of the State for the past {p.6} few years, and that the new taxes are as much as the people ought to be expected to carry.

Until the Mississippi debt is settled the credit of the South is just nothing at all.

I remain, yours, very truly,

EDWARD HASLENWOOD.

[Inclosure No. 4.]

7 LOTHBURY, EAST CHELSEA, LONDON, April 27, 1861

JEFFERSON DAVIS, President of the Southern Confederacy, Montgomery, Ala.

SIR: It may so happen after all that the Southern Confederacy may again pass into and become part of the United States of America, and if so the opportunity ought not to be lost for merging the debts of the individual States-into one common homogeneous debt, including Mississippi, and also insisting on a great reduction of the tariff. Apparently the credit of the United States is at a low ebb, but let the whole be once more united and I have no hesitation in stating that a loan could be raised bearing 4 per cent, interest large enough to absorb the whole of the States’ debts, including Mississippi, and that the price of that stock would soon be higher than any of the Southern 6 per cents or Northern 5 per cents of the separate States. Another point of great importance would be to stipulate that the number of States in the Senate should be equal for the South as for the North. To effect this there must be ultimately an extension by purchase or conquest of Mexico, and nothing would give greater satisfaction in Europe than to see the whole of that country absorbed into the States, provided that the debt of Mexico was acknowledged and guarantied. The peon law of Mexico is not far removed from the slavery of the South.

I remain, your most obedient servant,

EDWARD HASLENWOOD.

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OFFICE U. S. DISTRICT ATTORNEY FOR SOUTHERN DISTRICT OF NEW YORK, New York, May 20, 1861

Hon. SIMON CAMERON, Secretary of War.

SIR: In pursuance of the instructions of Col. James Cameron, your accredited agent, I made arrangements with the marshal and with our general superintendent of police which resulted in the simultaneous possession by the Government to-day, May 20, at 3 o’clock p.m., of all telegraphic dispatches sent to or received from the Southern section of the country for a year and upward. They are so numerous and bulky and so systematically arranged that the marshal determined not to remove them at present and to place two deputy marshals in continual charge of the apartments in which the dispatches were found and are stored with instructions to permit no person to have access to them.

We await a consultation among ourselves and perhaps instructions from you before taking a further step in the matter.

The companies mildly protested in order to place themselves right before their customers, but they and their counsel made no serious objection to the proceeding and now appear willing to afford every facility in their power to aid the object of the Government.

I inclose a copy of my letter to the marshal upon which he has acted.

Very respectfully, your obedient servant,

E. DELAFIELD SMITH, U. S. District Attorney,

{p.7}

[Inclosure.]

OFFICE U. S. DISTRICT ATTORNEY FOR SOUTHERN DISTRICT OF NEW YORK, New York, May 20, 1861.

ROBERT MURRAY, Esq., U. S. Marshal.

SIR: In pursuance of instructions received from Washington you are directed on behalf of the United States Government to obtain possession of any telegraphic dispatches that may have been sent or received with purposes hostile to the Government or in relation to supplies of arms and provisions purchased or forwarded to the Southern rebels.

Upon obtaining possession of these dispatches should the record or file in which they are included also embrace other telegraphic dispatches having no connection with this subject you are authorized to assent to the packages which may be taken by you being sealed, to be opened and examined on the part of the United States Government upon notice to the telegraph agent from whom you receive them.

You will take this proceeding at 3 o’clock p.m. to-day, and do so simultaneously at all the offices in this city where such dispatches are to be found.

Your prompt and energetic action in the matter is requested and will be expected.

Very respectfully,

E. DELAFIELD SMITH, U. S. District Attorney.

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OFFICE U. S. DISTRICT ATTORNEY FOR DISTRICT OF NEW JERSEY, Newark, May 20, 1861.

Hon. SIMON CAMERON, Secretary of War.

DEAR SIR: In pursuance of the directions of Col. James Cameron given to me on your behalf I obtained at 3 p.m. to-day all the telegraphic dispatches sent and received within a year past at the offices in Trenton, Princeton, Elizabeth and Newark in this State. They are all now in my possession and I await further instructions as to the disposition of them.

Very respectfully, your obedient servant,

A. Q. KEASBEY, U. S. Attorney for New Jersey.

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OFFICE U. S. ATTORNEY EASTERN DISTRICT PENNSYLVANIA, Philadelphia, May 21, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I have the honor to report that on yesterday at 3 o’clock p.m. Marshal William Millward by my directions took charge of all dispatches sent to the South from any source from this city since the 1st of January last. The gentlemen controlling the various telegraph lines being loyal rendered us every aid and assistance. We hold these papers subject to your order and shall meanwhile proceed to examine them.

Your obedient servant,

GEO. A. COFFEY, U. S. Attorney.

{p.8}

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ATTORNEY-GENERAL’S OFFICE, May 22, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: A short time since by request I sent instructions to several district attorneys toward the North to co-operate with your special agents in making effectual your orders to take possession of the written messages in various telegraph offices. Several of the attorneys have made report to me of the seizure of the papers and other reports are expected daily.

Having no important matter to communicate I only notify you of these facts and of my desire to co-operate with you in full.

Most respectfully,

EDW. BATES.

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OFFICE U. S. DISTRICT ATTORNEY FOR SOUTHERN DISTRICT OF NEW YORK, New York, May 25, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: It is estimated that the telegraphic dispatches in our custody covering a period of a year number not less than 200,000 or 300,000.

The formidable amount of criminal to say nothing of civil business pressing upon me, my continued efforts to investigate charges of treason and to put an end to the flow of aid and comfort from this city to the rebel combinations at the South and the prize cases now crowding upon us all render it difficult for me to depute from my office a judicious person to examine all the dispatches and select those that should merit my attention or be of use to the Government.

It has appeared to me that the delicate and important duty of making such examination should be intrusted to a very intelligent, reliable person who could devote to it his uninterrupted efforts until the task should be methodically completed. If Col. James Cameron whose discretion and energy have been evinced in perfecting the plan of seizing the dispatches can come here charged with the duty in question I shall be glad. If not perhaps you will give me authority to employ a discreet and intelligent person at such rate of compensation as our district judge and myself shall determine to be reasonable.

Awaiting your instructions or intimations on the subject, I am, with great respect, honored sir, your obedient servant,

E. DELAFIELD SMITH, U. S. District Attorney.

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U. S. S. MACEDONIAN, Near Vera Cruz, May 26, 1861.

Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. C.

SIR: I hereby respectfully request to resign my commission as a lieutenant in the Navy of the United States.

Very respectfully, your obedient servant,

W. H. WARD, Lieutenant, U. S. Navy.

[Indorsement.]

This resignation has been in my possession during the last month. I was too sick to forward it when it was first handed in. Lieutenant Ward is a good officer and I would regret to lose his services.

Respectfully,

JAMES GLYNN, Captain.

{p.9}

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HEADQUARTERS OF THE ARMY, Washington, June 8, 1861.

COMMANDING OFFICER, DEPARTMENT OF THE WEST: (Care Maj. S. Williams, Asst. Adj. Gen., Saint Louis, Mo.)

The Secretary of War directs that you arrest General A. S. Johnston if he returns from California by overland route.

WINFIELD SCOTT.

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Los ANGELES, CAL., June 7, 1861.

Hon. SIMON CAMERON.

DEAR SIR: I am a resident of San José, Santa Clara County, Cal., and I am in this city on business and have spent ten days here, and I have learned that Colonel Johnston who was recently commander of the U. S. forces on this coast will leave this place next week with an armed hand of secessionists or Texas with the avowed purpose of joining the traitors of Texas and the Southern Confederacy. They will pass through Arizona, thence to New Mexico, and I am informed that it is their intention to “clean out” as they express it all Union men on the route. I thought it my duty as a good citizen to post you that they may be headed off in New Mexico by the soldiers stationed there or on the border of Texas by Montgomery or Jim Lane, of Kansas. This information I believe to be reliable. They publicly state their intention to “emigrate” as they call it, but you be assured from my knowledge of some of the emigrants they are and will be ready to annihilate every Union man as soon as they leave the borders of this State where Colonel Sumner’s prompt and timely arrival saved our State from a bloody war for the Union.

I refer you to Hon. John F. Farnsworth, of Saint Charles, RI. (Representative), K. S. Bingham, of the Senate, and to ex-Governor Felch, of Michigan, all of whom know me well and of my truthfulness. My name must not be used or my life would not be worth a straw.

Truly,

R. B. HALL.

California safe for the Union. We are forming Union clubs in every city, town and hamlet.

HALL.

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NEW YORK, June 11, 1861.

Hon. W. H. SEWARD, Washington, D. C.

SIR: I have in my possession evidence I think of complicity of two of our foreign ministers, one to Portugal and the other to Switzerland, while in England with the enemies of our country so strong that I think it cannot fail to convict them of treason, and if you think it important I can supply it to you if you so direct me.

Very respectfully, from one of your earliest friends,

HENRY SHEPARD, No. 131 East Thirteenth Street, New York.

P. S.-If you should think it necessary to communicate with me please do so under cover to J. B. Jones, New York.

{p.10}

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DEPARTMENT OF STATE, Washington, June 14, 1861.

JOHN E. WARD, Esq., Savannah, Ga.

SIR: I have to acknowledge the receipt of your letter of the 4th instant.* It has given the Department pleasure to comply with your request by giving you a passport for the purpose indicated by you, and by furnishing Mr. Spooner with the desired permit to transfer your baggage and effects to Savannah.

I am, sir, respectfully, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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GENERAL ORDERS, No. 5.}

HDQRS. DEPT. OF NORTHEAST VIRGINIA, Arlington, June 14, 1861.

Unless under the special orders in each case of a commander of brigade or superior authority it is forbidden to any officer or soldier within this department to arrest or attempt to arrest any citizen or citizens under the plea of their being secessionists, or for any cause whatsoever save that of being at the time in arms against the United States. Nor will any officer or soldier without the like authority forcibly enter, search or attempt to search any house or the premises of any peaceable resident or other persons not in arms against the United States. The military or police force will arrest any one found trespassing even on the premises of any citizen without the department.

By command of Brigadier-General McDowell:

JAMES B. FRY, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF ANNAPOLIS, Fort McHenry, June 16, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: The election passed without disorder but the fact is not a just indication of the spirit of the city. Active demonstrations on the part of secessionists can only be suppressed by constant readiness of our forces. We need greatly some assistance here.

First. Authority to establish a home guard. There are many good Union men here who are ready to enter the service, and we have arms for them which have been taken from ill-disposed persons. They can be deposited at the custom-house under guard of our troops so as to make secure their possession. This will give occupation to the Union men and confidence to the loyal portion of the city. I think it will be prudently and safely managed.

Second. We need a corps of cavalry to suppress the contraband trade on the back roads leading southward. We have not now a mounted orderly by whom to send a message even to the city. Some assistance of this kind is indispensable. The infantry can well command the railways. I have written to Mr. Secretary Chase to loan us the service of a revenue cutter for a brief period by which we could control this trade upon the river and bay. To cut off the contraband is to deprive Baltimore of the support now given publicly to the secession spirit and strip the rebel army of its most useful supplies. I beg you to think of this subject and give us prompt aid.

{p.11}

Third. Baltimore would afford most excellent camps of instruction for raw troops. They can be easily and cheaply supported here in healthy and convenient locations, well drilled and disciplined, and their presence would afford support to the Government against the rebel elements in the city. In a short time you could safely withdraw the best troops for service elsewhere leaving the new levies in possession here.

With respect I submit these considerations to you, and remain, your obliged and obedient servant,

N. P. BANKS, General, Commanding.

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EXECUTIVE DEPARTMENT, Wheeling, Va., June 21, 1861.

His Excellency the PRESIDENT OF THE UNITED STATES.

SIR: Reliable information has been received at this department from various parts of this State that large numbers of evil-minded persons have banded together in military organizations with intent to overthrow the government of the State, and for that purpose have called to their aid like-minded persons from other States who in pursuance of such call have invaded this Commonwealth. They are now making war on the loyal people of the State. They are pressing citizens against their consent into their military organizations and seizing and appropriating their property to aid in the rebellion.

I have not at my command sufficient military force to suppress this rebellion and violence. The legislature cannot be convened in time to act in the premises. It therefore becomes my duty as governor of this Commonwealth to call on the Government of the United States for aid to suppress such rebellion and violence. I therefore earnestly request that you will furnish a military force to aid in suppressing the rebellion and to protect the good people of this Commonwealth from domestic violence.

I have the honor to be, with great respect, your obedient servant,

FRANCIS H. PEIRPOINT, Governor.

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HEADQUARTERS DEPARTMENT OF NORTHEAST VIRGINIA, Arlington, June 21, 1861.

Colonel HEINTZELMAN, Commanding Brigade:

Through the intercession of Mr. Seward, Secretary of State, I am induced to order that George W. Armes, now a prisoner under your guards, be returned to his position in the State Department on his own recognizance.

I. McDOWELL, Brigadier-General, Commanding.

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ALEXANDRIA, VA., June 25, 1861.

Capt. J. B. FRY, Assistant Adjutant-General, Arlington.

DEAR SIR: On the 15th instant I left with you at Arlington a letter from Maj. J. F. Lee introducing me to General McDowell, and a letter from me to General McDowell in which I asked him to inform me whether {p.12} the three Virginia troopers who were prisoners here could be exchanged or released on terms. Not having heard from General McDowell will you be so obliging as to inform me by letter directed to this place whether General McDowell saw Major Lee’s and my letter and whether he has come to any conclusion in relation to the prisoners.

Your early reply will oblige, your obedient servant,

J. M. JOHNSON.

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HEADQUARTERS OF THE ARMY, Washington, June 27, 1861. (via Chambersburg.)

Major-General PATTERSON, U. S. Army, Commanding, &c., Hagerstown, Md.:

I have your telegram of this date about a prisoner. ... You needed no special authority for sending prisoners to Fort McHenry.

WINFIELD SCOTT.

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HEADQUARTERS DEPARTMENT OF NORTHEAST VIRGINIA, Arlington, June 27, 1861.

J. M. JOHNSON, Alexandria.

SIR: In reply to your letter of the 25th instant I have to inform you that your letter was laid before General McDowell but no answer at the time could be given in the ease. The prisoners of war to whom you refer have been sent to Washington and your application must now be made there.

I am, sir, very respectfully, your obedient servant,

JAMES B. FRY, Assistant Adjutant-General.

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POST-OFFICE DEPARTMENT, Appointment Office, June 28, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: Your letter of the 26th instant relative to forwarding letters from Europe to the rebels in the South has been received. The inclosed copies of letters to the honorable Secretary of State and Major-General McClellan set forth the views of this Department as to its power in the premises.

I am, very respectfully, your obedient servant,

JOHN A. KASSON, FIRST Assistant Postmaster-General.

[Inclosure No. 1.]

POST-OFFICE DEPARTMENT, Washington, June 12, 1861.

Maj. Gen. G. B. MCCLELLAN, Cincinnati. Ohio.

GENERAL: I have received yours of the 9th instant,* inclosing a letter from Mr. Gaither upon the subject of the transmission of mail matter South by Adams Express Company.

I have to reply that the regulation of the intercourse between the two sections is under the control of the military authorities of the {p.13} country and therefore whether the express business shall be continued at all or not it is not my province to decide. If it is continued and letters are transmitted by it and mailed at Louisville or elsewhere within the loyal States, postage paid in accordance with the laws and regulations of the service, I cannot prevent it; but the postmaster at Louisville has been instructed to send all letters coming from States in which the postal service has been discontinued with our stamps upon them to the Dead-Letter Office, for the reason that we do not recognize stamps and stamped envelopes obtained from offices in such States which like other mail property have been fraudulently seized.

I should not object at all to the express company receiving letters in the South and bringing them to Louisville or Cincinnati to be mailed to any part of the United States if the stamps for the prepayment of the postage on such letters are obtained from offices within the loyal States. Nor would I object to the express company taking letters from within the loyal States to any point within the seceded States, such letters being stamped in accordance with the United States postal regulations.

There being no postal arrangements on the part of this Government in existence in those States, as a matter of course such transmission of letters would involve no infraction of law. The only point on which I wish especially to insist in the employment of the express agency for this purpose is that letters mailed to points within the loyal States shall not be prepaid by stamps which have been stolen from us, and from the high character you give Mr. Gaither I should feel assured upon this point; but as we can have no understanding with him he must take care to make it clear to our offices that he is not using the stamps stolen from us.

Respectfully, &c,

M. BLAIR, Postmaster-General.

* Not found.

[Inclosure No. 2.]

POST-OFFICE DEPARTMENT, Appointment Office, June 28, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington.

SIN: I am in receipt of yours of the 25th instant inclosing a letter* from Mr. Bowen, commissioner of police at New York, relative to the channel of communication between the disunionists in Europe and Northern States with their party in the Southern States. Mr. Bowen suggests that there will be no difficulty in breaking up the establishment in New York and Boston if authorized by the Secretary of War and the Postmaster-General.

In reply I have to state that there being no postal arrangement in existence on the part of this Department between the Government and the disunion States, or between the disunion States and foreign governments, the regulation of the intercourse between them is at present under the control of the military authorities of the country, and any communication which may be had must depend upon the action of the military department.

Under the provisions of the eighth section of the postal act of August 31, 1852, letters inclosed in postage-stamped envelopes not having been before used may be carried outside the mail over regular postal {p.14} routes, provided such stamps are equal in value and amount to the rates of postage to which such letters would be liable if sent in the mail. So far as the Post-Office laws are concerned it will thus appear that this Department has no further power than to see that its revenues do not suffer, and that no frauds are perpetrated upon it-in other words, that the laws are observed. I have only to say further that in the opinion of the Postmaster-General his power is limited to secure the observance of the laws and regulations resting thereupon. The further questions must be referred to the War Department.

I inclose a printed copy of the letter of the Postmaster-General addressed to Major-General McClellan, and embodying his views, in reply to that officer.

Agreeably to request the letter of Mr. Bowen is herewith returned.

I am, very respectfully, your obedient servant,

JOHN A. KASSON, First Assistant Postmaster-General.

* Not found.

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Under the provisions of the eighth section of the postal act of August 31, 1852, letters inclosed in postage-stamped envelopes not having been before used may be carried outside the mail over regular postal {p.14} routes, provided such stamps are equal in value and amount to the rates of postage to which such letters would be liable if sent in the mail. So far as the Post-Office laws are concerned it will thus appear that this Department has no further power than to see that its revenues do not suffer, and that no frauds are perpetrated upon it-in other words, that the laws are observed. I have only to say further that in the opinion of the Postmaster-General his power is limited to secure the observance of the laws and regulations resting thereupon. The further questions must be referred to the War Department.

I inclose a printed copy of the letter of the Postmaster-General addressed to Major-General McClellan, and embodying his views, in reply to that officer.

Agreeably to request the letter of Mr. Bowen is herewith returned.

I am, very respectfully, your obedient servant,

JOHN A. KASSON, First Assistant Postmaster-General.

* Not found.

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HDQRS. DEPARTMENT OF THE OHIO, June 28, 1861.

Maj. Gen. WINFIELD SCOTT, Washington.

DEAR SIR: On my arrival at this place I found quite a number of prisoners in custody under General Morris. I have felt it my duty as well as good policy under surrounding circumstances to deal leniently with the prisoners against whom the charges were not of a gross character, and all such have been discharged. For my guidance in disposing of those remaining in custody as well as for my direction in other cases that may arise I beg leave to ask for instructions as to what disposition is to be made of prisoners of the following classes respectively:

First. Prisoners taken in battle. Second. Prisoners who have been in the secession army and have deserted or been discharged. Third. Spies. Fourth. Guerrillas. Fifth. Prisoners who without taking up arms themselves have been active and influential in inducing others to-take up arms.

Most respectfully, your obedient servant,

GEO. B. MCCLELLAN, Major-General, U. S. Army, Commanding Department.

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DEPARTMENT OF STATE, Washington, July 2, 1861.

Lieut. Gen. WINFIELD SCOTT, General-in-Chief of the U. S. Army, &c.

GENERAL: I have the honor to inclose an order addressed to you by the President* authorizing you or any officer acting under your command to suspend the writ of habeas corpus on or in the vicinity of any military line between this city and the city of New York should it be deemed necessary.

I have the honor to be, general, your obedient servant,

WILLIAM H. SEWARD.

* Omitted here. For this order see Seward to the House of Representatives, July 13, inclosure No. 3, p. 19.

{p.15}

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COMMONWEALTH OF VIRGINIA, EXECUTIVE DEPARTMENT, Wheeling, July 3, 1861.

General G. B. MCCLELLAN, Grafton, Va.

SIR: Inclosed I send you a slip from the Cincinnati Gazette. I learn there were two men taken-Messrs. Miller and Waggener.

Yours, in haste,

F. H. PEIRPOINT.

P. S.-I have just learned that there were many of the Union men with their families driven into Ohio from Jackson County-from Ravenswood and that vicinity. It is also stated-for the truth of which I cannot vouch-that a regiment from Ohio passed into Virginia at Point Pleasant.

Yours, &c.,

F. H. PEIRPOINT.

[Inclosure.]

COLUMBUS, July 1.

Colonel Norton, of the First Regiment State troops at Gallipolis, telegraphed the governor to-day that on Saturday night a mounted party of fifty men came from Charleston, Va., to Point Pleasant, headed by A. G. Jenkins and took some of the most prominent Union men there prisoners and marched them off. Colonel Norton started with 100 men in pursuit but could not overtake them. He then scoured the country and took 30 prominent secessionists prisoners whom he now holds as hostages for the safety of the Union men in hands of the rebels. Norton says there are 3,500 rebels now at Charleston under command of [Brig. Gen. J. M.] Hawes.

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Extract from the President’s message to Congress in special session, July 4, 1861.

FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES:

...

Soon after the first call for militia it was considered a duty to authorize the commanding general in proper eases according to his discretion to suspend the privilege of the writ of habeas corpus, or in other words to arrest and detain without resort to the ordinary processes and forms of law such individuals as he might deem dangerous to the public safety. This authority has been purposely exercised hut very sparingly. Nevertheless the legality and propriety of what has been done under it are questioned, and the attention of the country has been called to the proposition that one who is sworn to take care that the laws be faithfully executed should not himself violate them.

Of course some consideration was given to the question of power and propriety before this matter was acted upon. The whole of the laws which were required to be faithfully executed were being resisted and failing of execution in nearly one-third of the States. Must they be allowed to finally fail of execution even had it been perfectly clear that by the use of means necessary to their execution some single law made in such extreme tenderness of the citizen’s liberty that practically it relieves more of the guilty than of the innocent should to a very limited extent be violated?

{p.16}

To state the question more directly, are all the laws but one to go unexecuted and the Government itself go to pieces lest that one be violated? Even in such a case would not the official oath be broken if the Government should be overthrown when it was believed that disregarding the single law would tend to preserve it? But it was not believed that this question was presented. It was not believed that any law was violated.

The provision of the Constitution that the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it is equivalent to a provision-is a provision-that such privilege may be suspended when in cases of rebellion or invasion the public safety does require it. It was decided that we have a case of rebellion and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made.

Now it is insisted that Congress and not the Executive is vested with that power. But the Constitution itself is silent as to which or who is to exercise the power; and as the provision was plainly made for a dangerous emergency it cannot be believed the framers of the instrument intended that in every case the danger should run its course until Congress could be called together; the very assembling of which might be prevented as was intended in this case by the rebellion.

...

ABRAHAM LINCOLN.

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PALOZZO BACIOCCHI, Florence, Italy, July 6, 1861.

Hon. PRESTON KING.

MY DEAR SIR: While taking a social cup of tea on the 4th with our consul-general, resident in this city, he informed me that he had recently received one of three letters that had been sent to this city under the cover of the obliging consul of Her Britannic Majesty of England, resident at Richmond, Va., by one of the rebels of that State who is now a soldier in the Army of the Confederate States. The writer of these letters was for several years previous to the breaking out of this atrocious rebellion a resident of this city, but he returned to Virginia in March last and has now as he says in his letters to the consul taken up arms against the Government of the United States.

The letters that this misguided and foolish fellow has sent here under cover of the British consul at Richmond have simply reference to business and friendly relations and in themselves are of no public importance whatever; but inasmuch as he says in them (one of which I took pains yesterday to get a glance at) that his friend the British consul at Richmond will allow replies from his correspondents here in Florence to go to the writer under his cover (the consul’s), it shows how communications may pass between the enemies of our Government which in the present crisis in its affairs may be of vital importance. I said therefore to our consul that I thought he ought at once to apprise the Government of the fact that the British consul at Richmond, Va., was obliging his friends by the use of his official position and privileges in aid of their correspondence in a manner that might be found detrimental to the interests of the country. The consul is by birth a North Carolinian and an appointee of Buchanan and said he did not like the idea of being an informer; but I urged the importance of this fact being communicated to the Government at Washington so strongly that he finally indicated a disposition to write to some one there about it

{p.17}

But lest he should not do so I have taken the liberty to drop you this note in relation to it, and if you regard it in the light that it presents itself to me you can communicate it to those who will be able to guard the country against any mischief that might otherwise be likely to flow from the ability of the enemies of the Government to keep up a free and undisturbed correspondence by means of the privileges granted in good faith to foreign consuls accredited to the Government of the United States and residing in the revolted territory. If the British consul in Richmond is obliging enough to render a facility of this kind to one rebel he can hardly refuse it to others, and for any purpose that may suit the convenience of those who may desire it, and if one British consul resident in the revolted States will lend himself for the use of the enemies of the Government to which he stands accredited is it not likely that others similarly situated do the same thing, and that through this consular postal medium Jeff. Davis and the head rebels of the South are kept daily advised of whatever is being done on the part of the Federal Government to counteract their nefarious intentions?

I remain, my dear sir, with great respect, very truly, your friend,

J. E. COOLEY.

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Resolution adopted by the House of Representatives July 8, 1861.

Resolved, That the Secretary of War be directed to instruct the officers of the Army of the United States taking prisoners and releasing them upon their oath of allegiance to the United States to report their name and residence to him that they may be recorded in his Department

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NAVY DEPARTMENT, July 8, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to submit herewith a copy of a memorandum that has been left with me giving information of a plan said to have been formed by a person named James C. Hurry, of Baltimore, for the capture* of one of the steam-boats plying between Baltimore and the Patuxent River. The memorandum is from a responsible source.

I am, respectfully, your obedient servant,

GIDEON WELLES.

* See case of Zarvona, p. 379, et seq.

[Inclosure-Memorandum.]

A man of notoriously bad character named James C. Hurry, a resident of Baltimore, has formed a plan for the capture during the present week of one of the steam-boats plying between Baltimore and the Patuxent River, either by putting his men on board the boat at Baltimore or at Millstone Landing, on that river. This Millstone Landing or point is a position from whence more smuggling of men and provisions is carried on than any other place on the Chesapeake waters. Small vessels are constantly plying between that position and the Rappahannock and Cone Rivers, chiefly to the latter, where a Tennessee regiment is posted. These vessels are run outside of Captain Budd’s lines.

{p.18}

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CONFIDENTIAL.]

BARNUM’S HOTEL, Baltimore, July 8, 1861.

Hon. SIMON CAMERON.

SIR: To be short: I have a plan for securing the persons of Jefferson Davis, Floyd, Cobb and others prominent in this secession movement and should be glad to submit it to your judgment.

I believe the time is not far distant when these gentlemen (?) rebels will be obliged to flee the country. My stratagem would have to do with them at that particular juncture and could not possibly fail of “bagging” some if not all of them. It could be done without much cost comparatively, and so far as I might be concerned would ask of Government the opportunity of executing it. Should you desire I will lay the whole matter before you at any time you may designate. It may be proper to add that when necessary I can present suitable credentials from some of your warmest friends.

Yours, very respectfully,

TUBS. DENNY SARGENT, Of Massachusetts.

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CUSTOM-HOUSE, NEW YORK, Collector’s Office, July 10, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington.

SIR: James D. Bulloch, of Savannah, Ga., is now in England, and has purchased there ten war vessels and is fitting them out at an expense of about $750,000 for the use of the Southern Confederacy as a naval force. These vessels will sail from Liverpool under the flag of the Confederacy and will operate upon our merchantman and navy ships.

This information was communicated to me to-day by Mr. J. A. Roosevelt, of the well-known and highly respected house of Roosevelt & Son, of this city, a nephew of Judge Roosevelt, a family connection of Mr. Bulloch, and who has seen letters from him directing his property here transferred to other parties so that it may not be confiscated by action of the United States Government. Of course I know not the grounds of this apprehension, but give it as I have given all the statements in this letter on Mr. Roosevelt’s authority exclusively. Mr. Roosevelt is an ardent Union man and would feel bound to denounce a brother probably to save the Government, but he does not wish his name used if it can be avoided.

I am, dear sir, truly, yours,

HIRAM BARNEY.

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Resolution adopted by the House of Representatives, July 12, 1861.

Resolved, That the Attorney-General be requested to lay before this House at his earliest convenience a copy of the opinion mentioned in the message of the President delivered to this House on the opening of its present session, and also a copy of the General Order suspending the writ of habeas corpus.

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DEPARTMENT OF STATE, Washington, July 13, 1861.

To THE HOUSE OF REPRESENTATIVES:

The Secretary of State to whom was referred that part of the resolution of the House of Representatives of the 12th instant which {p.19} requested the Attorney-General to lay before the House a copy of the order suspending the writ of habeas corpus has the honor to report that three several orders upon this subject have been issued-one by the President of the United States to the commanding general of the Army of the 27th April; the second by a proclamation of the President of the 10th May last, and the third by an order of the President to the commanding general of the Army of the 2d instant. A copy of these orders is hereunto annexed.

WILLIAM H. SEWARD.

[Inclosure No. 1.]

The COMMANDING GENERAL ARMY OF THE UNITED STATES:

You are engaged in repressing an insurrection against the laws of the United States. If at any point on or in the vicinity of any military line which is now or which shall be used between the city of Philadelphia and the city of Washington you find resistance which renders it necessary to suspend the writ of habeas corpus for the public safety, you personally or through the officer in command at the point where resistance occurs are authorized to suspend that writ.

Given under my hand and the seal of the United States, at the city of Washington, this 27th day of April, 1861, and of the Independence of the United States the eighty-fifth.

[L. S.]

ABRAHAM LINCOLN.

By the President of the United States:

WILLIAM H. SEWARD, Secretary of State.

[Inclosure No. 2.]

A PROCLAMATION.

Whereas an insurrection exists in the State of Florida by which the lives, liberty and property of loyal citizens of the United States are endangered; and

Whereas it is deemed proper that all needful measures should be taken for the protection of such citizens and all officers of the United States in the discharge of their public duties in the State aforesaid:

Now, therefore, be it known that I, Abraham Lincoln, President of the United States, do hereby direct the commander of the forces of the United States on the Florida coast to permit no person to exercise any office or authority upon the islands of Key West, the Tortugas and Santa Rosa which may be inconsistent with the laws and Constitution of the United States, authorizing him at the same time if he shall find it necessary to suspend there the writ of habeas corpus and to remove from the vicinity of the United States fortresses all dangerous or suspected persons.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this 10th day of May, A. D. 1861, and of the Independence of the United States the eighty-fifth.

[L. S.]

ABRAHAM LINCOLN.

By the President:

WILLIAM U. SEWARD, Secretary of State.

[Inclosure No. 3.]

The COMMANDING GENERAL ARMY OF THE UNITED STATES:

You are engaged in repressing an insurrection against the laws of the United States. If at any point on or in the vicinity of any military line {p.20} which is now or which shall be used between the city of New York and the city of Washington you find resistance which renders it necessary to suspend the writ of habeas corpus for the public safety you personally or through the officer in command at the point where resistance occurs are authorized to suspend that writ.

Given under my hand and the seal of the United States, at the city of Washington, this 2d day of July, A. D. 1861, and of the Independence of the United States the eighty-fifth.

[L. S.]

ABRAHAM LINCOLN.

By the President of the United States:

WILLIAM H. SEWARD, Secretary of State.

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ATTORNEY-GENERAL’S OFFICE, July 13, 1861.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: In obedience to a resolution of the House passed yesterday and by permission of the President I have the honor to send herewith a copy of my opinion “mentioned in the message of the President delivered to this House at the opening of its present session.”

The resolution also requests of me “a copy of the order suspending the writ of habeas corpus.” As there is no such order in the records or the files of my office I have ventured to request the Secretary of State to fulfill the pleasure of the honorable House in that particular.

I have the honor to be, most respectfully, sir, your obedient servant,

EDWARD BATES.

[Inclosure.]

ATTORNEY-GENERAL’S OFFICE, July 5, 1861.

The PRESIDENT.

SIR: You have required my opinion in writing upon the following questions:

First. In the present time of a great and dangerous insurrection has the President the discretionary power to cause to be arrested and held in custody persons known to have criminal intercourse with the insurgents or persons against whom there is probable cause for suspicion of such criminal complicity?

Second. In such cases of arrest is the President justified in refusing to obey a writ of habeas corpus issued by a court or judge requiring him or his agent to produce the body of the prisoner and show the cause of his capture and detention to be adjudged and disposed of by such court or judge?

To make my answer to these questions at once consistent and plain I find it convenient to advert to the great principle of government as recognized and acted upon in most if not all the countries in Europe and to mark the difference between that principle and the great principle which lies at the bottom of our National Government.

Most European writers upon government assume expressly or by implication that every national government is and must be the full expression and representation of the nation which it governs, armed with all its powers and able to assert all its rights. In England, the form of whose Government more nearly approximates our own, and where the rights, interests and powers of the people are more respected and cared for than in most of the nations of the European continent, it has grown into an axiom that “The Parliament is omnipotent,” that is, that it can do anything that is possible to be done by legislation {p.21} or by judgment. For all the ends of government the Parliament is the nation. Moreover in Europe generally the sovereignty is vested visibly in some designated man or set of men so that the subject people can see their sovereign as well as feel the workings of his power. But in this country it has been carefully provided otherwise. In the formation of our National Government our fathers were surrounded with peculiar difficulties arising out of their novel, I may say unexampled, condition. In resolving to break the ties which had bound them to the British Empire their complaints were leveled chiefly at the King, not the Parliament nor the people. They seem to have been actuated by a special dread of the unity of power, and hence in framing the constitution they preferred to take the risk of leaving some good undone for lack of power in the agent rather than arm any Government officer with such great powers for evil as are implied in the dictatorial charge to “see that no damage comes to the commonwealth.”

Hence keeping the sovereignty always out of sight they adopted the plan of “checks and balances,” forming separate departments of government and giving to each department separate and limited powers. These departments are coordinate and coequal-that is, neither being sovereign, each is independent in its sphere and not subordinate to the others, either of them or both of them together. We have three of these co-ordinate departments. Now if we allow one of the three to determine the extent of its own powers and also the extent of the powers of the other two that one can control the whole Government and has in fact achieved the sovereignty.

We ought not to say that our system is perfect for its defects (perhaps inevitable in all human things) are obvious. Our fathers having divided the Government into coordinate departments did not even try (and if they had tried would probably have failed) to create an arbiter among them to adjudge their conflicts and keep them within their respective bounds. They were left by design I suppose each independent and free to act out its own granted powers without any ordained legal superior professing the power to revise and reverse its action. And this with the hope that the three departments, mutually coequal and independent, would keep each other within their proper spheres by their mutual antagonism-that is, by the system of checks and balances to which our fathers were driven at the beginning by their fear of the unity of power.

In this view of the subject it is quite possible for the same identical question (not case) to come up legitimately before each one of the three departments and be determined in three different ways and each decision stand irrevocable, bin ding upon the parties to each case; and that for the simple reason that the departments are co-ordinate and there is no ordained legal superior with power to revise and reverse their decisions.

To say that the departments of our Government are co-ordinate is to say that the judgment of one of them is not binding upon the other two as to the arguments and principles involved in the judgment. It binds only the parties to the case decided. But if admitting that the departments of Government are co-ordinate it he still contended that the principles adopted by one department in deciding a case properly before it are binding upon another department that obligation must of necessity be reciprocal. That is, if the President be bound by the principles laid down by the judiciary so also is the judiciary bound by the principles laid down by the President; and thus we shall have a theory of constitutional government flatly contradicting itself. Departments {p.22} co-ordinate and coequal and yet reciprocally subordinate to each other? That cannot be. The several departments, though far from sovereign are free and independent in the exercise of the limited powers granted to them respectively by the Constitution. Our Government indeed as a whole is not vested with the sovereignty and does not possess all the powers of the nation. It has no powers but such as are granted by the Constitution; and many powers are expressly withheld. The nation certainly is coequal with all other nations and has equal powers but it has not chosen to delegate all its powers to this Government in any or all of its departments.

The Government as a whole is limited, and limited in all its departments. It is the especial function of the judiciary to hear and determine cases, not to “establish principles” nor “settle questions,” so as to conclude any person but the parties and privies to the cases adjudged. Its powers are specially granted and defined by the Constitution, article 3, section 2:

The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States and treaties made and which shall be made under their authority; to all cases affecting ambassadors, other ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between States and citizens of other States; between citizens of different States; between citizens of the same State claiming lands under grants of different States and between a State or the citizens thereof and foreign States, citizens or subjects.

And that is the sum of its powers, ample and efficient for all the purposes of distributive justice among individual parties but powerless to impose rules of action and of judgment upon the other departments. Indeed it is not itself bound by its own decisions for it can and often does overrule and disregard them, as in common honesty it ought to do whenever it finds by its after and better lights that its former judgments were wrong.

Of all the departments of the Government the President is the most active and the most constant in action. He is called “the Executive,” and so in fact he is, and much more also for the Constitution has imposed upon him many important duties and granted to him great powers which are in their nature not executive-such as the veto power; the power to send and receive ambassadors; the power to make treaties and the power to appoint officers. This last is not more an executive power when used by the President than it is when exercised by either House of Congress, by the courts of justice or by the people at large.

The President is a department of the Government; and although the only department which consists of a single man he is charged with a greater range and variety of powers and duties than any other department. He is a civil magistrate, not a military chief; and in this regard we see a striking proof of the generality of the sentiment prevailing in this country at the time of the formation of our Government to the effect that the military ought to be held in strict subordination to the civil power. For the Constitution while it grants to Congress the unrestricted power to declare war, to raise and support armies and to provide and maintain a navy at the same time guards carefully against the abuse of that power by withholding from Congress and from the Army itself the authority to appoint the chief commander of a force so potent for good or for evil to the State. The Constitution provides that “the President shall he Commander in Chief of the Army and Navy of the United States and of the militia of the several States {p.23} when called into the actual service of the United States.” And why is this? Surely not because the President is supposed to be or commonly is in fact a military man, a man skilled in the art of war and qualified to marshal a host in the field of battle. No it is for quite a different reason; it is that whatever skillful soldier may lead our armies to victory against a foreign foe or may quell a domestic insurrection; however high he may raise his professional renown and whatever martial glory he may win still he is subject to the orders of the civil magistrate, and he and his army are always “subordinate to the civil power.” And hence it follows that whenever the President (the civil magistrate) in the discharge of his constitutional duty to “take care that the laws be faithfully executed” has occasion to use the army to aid him in the performance of that duty he does not thereby lose his civil character and become a soldier subject to military law and liable to be tried by a court-martial any more than does a civil court lose its legal and pacific nature and become military and belligerent by calling out the power of the country to enforce its decrees. The civil magistrates whether judicial or executive must of necessity employ physical power to aid them in enforcing the laws whenever they have to deal with disobedient and refractory subjects; and their legal power and right to do so is unquestionable. The right of the courts to call out the whole power of the country to enforce their judgments is as old as the common law; and the right of the President to use force in the performance of his legal duties is not only inherent in his office but has been frequently recognized and aided by Congress. One striking example of this is the act of Congress of March 3, 1807 (2 Stat., 445), which empowered the President without the intervention of any court to use the marshal, and if he be insufficient to use the Army summarily to expel intruders and squatters upon the public lands. And that power has been frequently exercised without as far as I know a question of its legality. To call us is sometimes done the judiciary the civil power and the President the military power, seems to me at once a mistake of fact and an abuse of language.

While the judiciary and the President as departments of the General Government are co-ordinate, equal in dignity and power and equally trusted by the law in their respective spheres, there is nevertheless a marked diversity in the character of their functions and their modes of action. The judiciary is for the most part passive. It rarely if ever takes the initiative; it seldom or never begins an operation. Its great function is judgment, and in the exercise of that function it is confined almost exclusively to cases not selected by itself but made and submitted by others. The President on the contrary by the very nature of his office is active; he must often take the initiative; he must begin operations. His great function is execution for he is required by the Constitution (and he is the only department that is so required) to “take care that the laws (all the laws) be faithfully executed;” and in the exercise of that function his duties are coextensive with the laws of the land.

Often he comes to the aid of the judiciary in the execution of its judgments; and this is only a part and a small part of his constitutional duty, to take came that the laws be faithfully executed. I say it is a small part of his duty because for every instance in which the President executes the judgment of a court there are a hundred instances in which he executes the law without the intervention of the judiciary and without referring at all to its functions.

{p.24}

I have premised this much in order to show the separate and independent character of the several departments of our Government and to indicate the inevitable differences in their modes of action and the characteristic diversity of the subjects upon which they operate; and all this as a foundation for the answers which I will now proceed to give to the particular questions propounded to me.

As to the first question: I am clearly of opinion that, in a time like the present when the very existence of the nation is assailed by a great and dangerous insurrection, the President has the lawful discretionary power to arrest and hold in custody persons known to have criminal intercourse with the insurgents or persons against whom there is probable cause for suspicion of such criminal complicity. And I think this position can be maintained in view of the principles already laid down by a very plain argument.

The Constitution requires the President before he enters upon the execution of his office to take an oath that he “will faithfully execute the office of President of the United States and will to the best of his ability, preserve, protect and defend the Constitution of the United States.”

The duties of the office comprehend all the executive power of the nation which is expressly vested in the President by the Constitution (art. 2, sec. 1) and also all the powers which are specially delegated to the President and yet are not in their nature executive powers. For example: the veto power; the treaty making power; the appointing power; the pardoning power. These belong to that class which in England are called prerogative powers, inherent in the crown. And yet the framers of our Constitution thought proper to preserve them and to vest them in the President as necessary to the good government of the country. The executive powers are granted generally and without specification; the powers not executive are granted specially and for purposes obvious in the context of the Constitution. And all these are embraced within the duties of the President and are clearly within that clause of his oath which requires him to “faithfully execute the office of President.”

The last clause of the oath is peculiar to the President. All the other officers of Government are required to swear only “to support this Constitution,” while the President must swear to “preserve, protect and defend” it, which implies the power to perform what he is required in so solemn a manner to undertake. And then follows the broad and compendious injunction to “take care that the laws be faithfully executed.” And this injunction embracing as it does all the laws-Constitution, treaties, statutes-is addressed to the President alone and not to any other department or officer of the Government. And this constitutes him in a peculiar manner and above all other officers the guardian of the Constitution-its preserver, protector and defender.

It is the plain duty of the President (and his peculiar duty above and beyond all other departments of the Government) to preserve the Constitution and execute the laws all over the nation; and it is plainly impossible for him to perform this duty without putting down rebellion, insurrection and all unlawful combinations to resist the General Government. The duty to suppress the insurrection being obvious and imperative the two acts of Congress of 1795 and 1807 come to his aid and furnish the physical force which he needs to suppress the insurrection and execute the laws. These two acts authorize the President to employ for that purpose the militia, the Army and the Navy.

The argument may be briefly stated thus: It is the President’s bounden duty to put down the insurrection as (in the language of the {p.25} act of 1795) the “combinations are too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshals.” And this duty is imposed upon the President for the very reason that the courts and the marshals are too weak to perform it. The manner in which he shall perform that duty is not prescribed by any law but the means of performing it are given in the plain language of the statutes and they are all means of force-the militia, the Army and the Navy. The end, the suppression of the insurrection, is required of him; the means and instruments to suppress it are lawfully in his hands; but the manner in which he shall use them is not prescribed and could not be prescribed without a foreknowledge of all the future changes and contingencies of the insurrection. He is therefore necessarily thrown upon his discretion as to the manner in which he will use his means to meet the varying exigencies as they arise. If the insurgents assail the nation with an army he may find it best to meet them with an army and suppress the insurrection in the field of battle. If they seek to prolong the rebellion and gather strength by intercourse with foreign nations he may choose to guard the coasts and close the ports with a navy as one of the most efficient means to suppress the insurrection. And if they employ spies and emissaries to gather information, to forward secret supplies and to excite new insurrections in aid of the original rebellion he may find it both prudent and humane to arrest and imprison them. And this may be done either for the purpose of bringing them to trial and condign punishment for their crimes or they may be held in custody for the milder end of rendering them powerless for mischief until the exigency is past.

In such a state of things the President must of necessity be the sole judge both of the exigency which requires him to act and of the manner in which it is most prudent for him to employ the powers intrusted to him to enable him to discharge his constitutional and legal duty-that is, to suppress the insurrection and execute the laws. And this discretionary power of the President is fully admitted by the Supreme Court in the case of Martin v. Mott (12 Wheaton’s Reports, 19; 7 Curtis, 10).

This is a great power in the hands of the Chief Magistrate; and because it is great and is capable of being perverted to evil ends its existence has been doubted or denied. It is said to be dangerous in the hands of an ambitious and wicked President because he may use it for the purposes of oppression and tyranny. Yes, certainly it is dangerous-all power is dangerous-and for the all-pervading reason that all power is liable to abuse; all the recipients of human power are men not absolutely virtuous and wise. Still it is a power necessary to the peace and safety of the country and undeniably belongs to the Government and therefore must be exercised by some department or officer thereof.

Why should this power be denied to the President on the ground of its liability to abuse and not denied to the other departments on the same grounds? Are they more exempt than he is from the frailties and vices of humanity? Or are they more trusted by the law than he is trusted in their several spheres of action? If it be said that a President may be ambitious and unscrupulous it may be said with equal truth that a legislature maybe factious and unprincipled and a court may be venal and corrupt. But these are crimes never to be presumed even against a private man and much less against any high and highly trusted public functionary. They are crimes, however, recognized as such and made punishable by the Constitution, and whoever is guilty of them, whether a President, a Senator or a judge, is liable to impeachment and condemnation.

{p.26}

As to the second question:

Having assumed in answering the first question that the President has the legal discretionary power to arrest and imprison persons who are guilty of holding criminal intercourse with men engaged in a great and dangerous insurrection, or persons suspected with “probable cause” of such criminal complicity, it might seem unnecessary to go into any prolonged argument to prove that in such a case the President is fully justified in refusing to obey a writ of habeas corpus issued by a court or judge commanding him to produce the body of his prisoner, and state when he took him and by what authority and for what cause he detains him in custody, and then yield himself to judgment “to do, submit to and receive whatsoever the judge or court awarding the writ shall consider in that behalf.”

If it be true as I have assumed that the President and the judiciary are co-ordinate departments of government, and the one not subordinate to the other, I do not understand how it can be legally possible for a judge to issue a command to the President to come before him ad subjiciendum-that is to submit implicitly to his judgment and in case of disobedience treat him as a criminal, in contempt of a superior authority and punish him as for a misdemeanor by fine and imprisonment. It is no answer to say as has sometimes been said that although the writ of habeas corpus cannot be issued and enforced against the President himself yet that it can be against any of his subordinates for that abandons the principle assumed of giving relief in “all cases” of imprisonment by color of authority of the United States, and attempts to make an untenable distinction between the person of the President and his office and legal power. The law makes no such distinction for it is no respecter of persons. The President in the arrest and imprisonment of men must almost always act by subordinate agents, and yet the thing done is no less his act than if done by his own hand. But it is possible for the President to be in the actual custody of a prisoner taken in civil war or arrested on suspicion of being a secret agent and abettor of rebellion, and in that case the writ must be unavailing unless it run against the President himself. Besides, the whole subject-matter is political and not judicial. The insurrection itself is purely political. Its object is to destroy the political government of thin nation and to establish another political government upon its ruins. And the President as the chief civil magistrate of the nation and the most active department of the Government is eminently and exclusively political in all his principal functions. As the political chief of the nation the Constitution charges him with its preservation, protection and defense, and requires him to take care that the laws be faithfully executed. And in that character and by the aid of the acts of Congress of 1795 and 1807 he wages open war against armed rebellion, and arrests and holds in custody those whom in the exercise of his political discretion he believes to be friends of and accomplices in the armed insurrection which it is his especial political duty to suppress. He has no judicial powers. And the judiciary department has no political powers and claims none, and therefore (as well as for other reasons already assigned) no court or judge can take cognizance of the political acts of the President or undertake to revise and reverse his political decisions.

The jurisdiction exercised under the writ of habeas corpus is in the nature of an appeal (4 C., 75) for as far as concerns the right of the prisoner the whole object of the process is to re-examine and reverse or affirm the acts of the person who imprisoned him. And I think it {p.27} will hardly be seriously affirmed that a judge at chambers can entertain an appeal in any form from a decision of the President of the United States, and especially in a case purely political.

There is but one sentence in the Constitution which mentions the writ of habeas corpus (art. 1, sec. 9, clause 2), which is in these words: “The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.”

Very learned persons have differed widely about the meaning of this short sentence, and I am by no means confident that I fully understand it myself. The sententious language of the Constitution in this particular must I suppose be interpreted with reference to the origin of our people, their historical relations to the mother country and their inchoate political condition at the moment when our Constitution was formed. At that time the United States as a nation had no common law of its own, and no statutory provision for the writ of habeas corpus. Still the people, English by descent, even while in open rebellion against the English Crown claimed a sort of historical right to the forms of English law and the guarantees of English freedom. They knew that the English Government had more than once assumed the power to imprison whom it would, and hold them for an indefinite time beyond the reach of judicial examination; and they desired no doubt to interpose a guard against the like abuses in this country. And hence the clause of the Constitution now under consideration. But we must try to construe the words, vague and undeterminate as they are, as we find them. “The privilege of the writ of habeas corpus shall not be suspended,” &c. Does that mean that the writ itself shall not be issued, or that being issued the party shall derive no benefit from it? Suspended-does that mean delayed, hung up for a time or altogether denied? The writ of habeas corpus-which writ? In England there were many writs called by that name and used by the courts for the more convenient exercise of their various powers; and our own courts now by acts of Congress, the judiciary act of 1780, section 14, and the act of March 2, 1833, section 7, have I believe equivalent powers.

It has been decided by the Supreme Court and I doubt not correctly (see Bollman Swartwout’s Case, 4 C., 93) that “for the meaning of the term habeas corpus resort must be had to the common law, but the power to award the writ by any of the courts of the United States must be given by written law.” And the same high court (judging no doubt by the history of our people and the circumstances of the times) has also decided that the writ of habeas corpus mentioned in the Constitution is the great writ ad subjiciendum.

That writ, in its nature, action and objects is tersely and accurately described by Sir William Blackstone. I adopt his language as found in his Commentaries (book 3, p. 131):

But the great and efficacious writ in all manner of illegal confinement is that of habeas corpus ad subjiciendum, directed to the person detaining another and commanding him to produce the body of the prisoner, with the day and cause of his caption and detention, ad faciendum subjiciendum, et recipiendum, to do, submit to and receive whatsoever the judge or court awarding such writ shall consider in that behalf. This is a high prerogative writ, and therefore by the common law, issuing out of the court of king’s bench not only in term time but also during the vacation by a fiat from the chief justice or any other of the judges, and running into all parts of the king’s dominions; for the King is at all times entitled to have an account why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted.

Such is the writ of habeas corpus of which the Constitution declares that the privilege thereof shall not be suspended except when in cases {p.28} of rebellion or invasion the public safety may require it. But the Constitution is silent as to who may suspend it when the contingency happens. I am aware that it has been declared by the Supreme Court that-

If at any time the public safety should require the suspension of the powers vested by this act [meaning the judiciary act of 1789, section 14] in the courts of the United States, it is for the legislature to say so. That question depends upon political considerations, on which the legislature is to decide.

Upon this I remark only that the Constitution is older than the judiciary act, and yet it speaks of the privilege of the writ of habeas corpus as a thing in existence; it is in general terms, and does not speak with particular reference to powers which might or might not be granted by a future act of Congress. Besides I take it for certain that in the common course of legislation Congress has power at any time to repeal the judiciary act of 1789 and the act of 1833 (which grants to the courts and to the judges the power to issue writs) without waiting for a rebellion or invasion and a consequent public necessity to justify under the Constitution the suspension of the privilege of the writ of habeas corpus. The court does not speak of suspending the privilege of the writ, but of suspending the powers vested in the court by the act. The power to issue a writ can hardly be called a privilege, yet the right of an individual to invoke the protection of his government in that form may well be designated by that name. And I should infer with a good deal of confidence that the court meant to speak only of its own powers and not of the privilege of individuals but for the fact that the court ascribes the powers to suspend to the legislature upon political grounds. It says, “that question depends upon political considerations, on which the legislature is to decide.” Now I had supposed that questions did not belong exclusively to the legislature because they depend upon political considerations, inasmuch as the President in his constitutional and official duties is quite as political as is the Congress, and has daily occasion in the common routine of affairs to determine questions upon political considerations alone.

If by the phrase “the suspension of the privilege of the writ of habeas corpus” we must understand a repeal of all power to issue the writ, then I freely admit that none but Congress can do it. But if we are at liberty to understand the phrase to mean that in ease of a great and dangerous rebellion like the present the public safety requires the arrest and confinement of persons implicated in that rebellion, I as freely declare the opinion that the President has lawful power to suspend the privilege of persons arrested under such circumstances; for he is especially charged by the Constitution with the “public safety,” and he is the sole judge of the emergency which requires his prompt action.

This power in the President is no part of his ordinary duty in time of peace; it is temporary and exceptional, and was intended only to meet a pressing emergency when the judiciary is found to be too weak to insure the public safety; when (in the language of the act of Congress) there are “combinations too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshals’ Then and not till then has he the lawful authority to call to his aid the military power of the nation and with that power perform his great legal and constitutional duty to suppress the insurrection. And shall it be said that when he has fought and captured the insurgent army and has seized their secret spies and emissaries he is {p.29} bound to bring their bodies before any judge who may send him a writ of habeas corpus, “to do, submit to and receive whatsoever the said judge shall consider in that behalf?”

I deny that he is under any obligation to obey such a writ issued under such circumstances. And in making this denial I do but follow the highest judicial authority of the nation. In case of Luther v. Borden (commonly called the Rhode Island case), reported in 7 Howard, p. 1, the Supreme Court discussed several of the most important topics treated of in this opinion, and among them the power of the President alone to decide whether the exigency exists authorizing him to call out the militia under the act of 1795. The court affirmed the power of the President in that respect and denied the power of the court to examine and adjudge his proceedings. The opinion of the court, delivered by the learned Chief Justice Taney, declares that if the court had that power “then it would become the duty of the court (provided that it came to the conclusion that the President had decided incorrectly) to discharge those who were arrested or detained by the troops in the service of the United States or the Government which the President was endeavoring to maintain. If (says that learned court) the judicial power extends so far the guarantee contained in the Constitution of the United States (meaning of course protection against insurrection) is a guarantee of anarchy and not of order.”

Whatever I have said about the suspension of the privilege of the writ of habeas corpus has been said in deference to the opinions of others and not because I myself thought it necessary to treat of that subject at all in reference to the present posture of our national affairs. For not doubting the power of the President to capture and hold by force insurgents in open arms against the Government and to arrest and imprison their suspected accomplices I never thought of first suspending the writ of habeas corpus any more than I thought of first suspending the writ of replevin before seizing arms and munitions destined for the enemy.

The power to do these things is in the hand of the President, placed there by the Constitution and the statute law as a sacred trust to be used by him in his best discretion in the performance of his great first duty-to preserve, protect and defend the Constitution. And for any breach of that trust he is responsible before the high court of impeachment and before no other human tribunal.

The powers of the President falling within this general class have been several times considered by the judiciary and have I believe been uniformly sustained without materially varying from the doctrines laid down in this opinion. I content myself with a simple reference to the cases without encumbering this document already too long with copious extracts: The Rhode Island Case (7 Howard, p. 1), Fleming v. Page (9 Howard, p. 615), Cross v. Harrison (16 Howard, p. 189), The Santissima Trinidad (7 Wheaton, p. 305), Martin v. Mott (12 Wheaton, p. 29).

To my mind it is not very important whether we call a particular power exercised by the President a peace power or a war power for undoubtedly he is armed with both. He is the chief civil magistrate of the nation and being such and because he is such he is the constitutional Commander-in-Chief of the Army and Navy, and thus within the limits of the Constitution he rules in peace and commands in war and at this moment he is in the full exercise of all the functions belonging to both those characters. The civil administration is still going on in its peaceful course, and yet we are in the midst of war, a war in which the enemy is for the present dominant in many States and has {p.30} his secret allies and accomplices scattered through many other States which are still loyal and true; a war all the more dangerous and more needing jealous vigilance and prompt action because it is an internecine and not an international war.

This, sir, is my opinion, the result of my best reflections upon the questions propounded by you. Such as it is it is submitted with all possible respect by your obedient servant,

EDWARD BATES, Attorney-General.

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DEPARTMENT OF STATE, Washington, July 13, 1861.

Lieut. Gen. WINFIELD SCOTT, Washington.

GENERAL: I inclose a copy of a note* of the 11th instant addressed to this Department by Chauncy Smith from Morrisania, Westchester County, N. Y., alleging that correspondence between that place and Richmond, Va., is carried on through British consuls. As such an officer has no right to claim a privilege in behalf of couriers in his employment I would suggest that no such courier be allowed to pass the lines of the U. S. forces when coming from the South. The existing regulations will it is presumed be sufficient to check any such abuse from couriers who may be proceeding in the opposite direction.

I have the honor to be, general, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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GENERAL ORDERS, No. 44.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, July 13, 1861.

I. In compliance with a resolution of the House of Representatives the Secretary of War directs that officers report to this office the names and residences of all prisoners that may be hereafter taken and released upon their oath of allegiance to the United States. In like manner officers will report the names and residences of all prisoners who have been taken and released upon their oath of allegiance to the United States previous to this date.

...

By order:

L. THOMAS, Adjutant-General.

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HEADQUARTERS OF THE ARMY, Washington, July 15, 1861.

Major-General BANKS, U. S. Army, Commanding Department of Annapolis, Baltimore, Md.

SIR: The General-in-Chief directs me to say that Major-General McClellan by several recent victories has taken a large number of prisoners. He has been instructed to release the privates who will take an oath and the officers who will give a parole not to serve against the United States unless regularly released from their obligation. The officers, however, who are known or supposed to have recently resigned from the Army or Navy of the United States with the intention of entering the ranks of the rebels are to be sent prisoners to Fort McHenry.

{p.31}

After the arrival of these prisoners the general desires you to send them together with Marshal Kane and the police commissioners,* who are in arrest, and such political prisoners as may not be under indictment by the civil authority to Fort Lafayette, harbor of New York, in an armed steamer and under a sufficient guard. A permanent guard will be ordered to the fort in time to receive the prisoners.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND, Assistant Adjutant-General.

* For case of Kane and the Baltimore police commissioners, see Vol. I, this series, p. 619, et seq.

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HEADQUARTERS DEPARTMENT OF THE OHIO, Huttonsville, Randolph County, Va., July 15, 1861.

OFFICER COMMANDING THE FORCES COMMANDED BY THE LATE ROBERT S. GARNETT, Esq., Styling himself Brigadier-General, C. S. Army.

SIR: As the commander of this department I have protected the persons of all citizens of Western Virginia except those engaged in active hostilities against the United States, and when under a misapprehension of patriotic duty arrests have been made because of political opinions or sympathies I have promptly ordered releases. I have protected all private property by whomsoever owned. My proclamations and general orders on this subject have doubtless been brought to your knowledge.

I am informed that arrests have been made in Western Virginia of citizens loyal to the Government of the United States but not in arms for the support of it, and that such prisoners or some of them are within your control. I suggest to you the propriety of releasing all such persons, their detention being not only individual hardship but calculated to increase the troubles of this section of the country without contributing to any military result.

Among the prisoners now within your control and belonging to the class above mentioned my attention has been called specially to the following names: W. M. Smith, John Brooks, Quilby Osborn, J. L. Forton, Quillers Herron, and I beg leave to call your attention to these and all similar cases.

I am, sir, your obedient servant,

GEO. B. MCCLELLAN, Major-General, U. S. Army, Commanding Department.

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NAVY DEPARTMENT, Washington, July 16, 1861.

Lieut. WILLIAM H. WARD, U. S. Sloop Macedonian, Vera Cruz, Mexico.

SIR: Your resignation as a lieutenant in the Navy of the United States tendered in your letter of the 26th May last has been received. By direction of the President your name has been stricken from the rolls of the Navy, to take effect from the date of the delivery of the order.

I am, respectfully,

GIDEON WELLES.

{p.32}

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HDQRS. C. S. ARMY IN NORTHWESTERN VIRGINIA, July 16, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commanding U. S. Forces.

SIR: Your letter of the 15th instant with its anomalous address has been received. In response I have simply to say that I am as yet wholly unapprised that a different policy in regard to the arrests of suspected persons or the protection of private property from the line you have so naturally proposed for yourself has been pursued by the chief of this division of the Confederate Army. Hence your suggestion as to the propriety of abandoning any other would seem to be uncalled for. Begging to remind you that any information you may receive as to the absence of sufficient grounds for the arrest and detention of the persons you name (or any others) may to say the least of it be quite as unreliable as the evidence upon which such persons are held I will conclude by saying to you that justice will be duly regarded by me in the treatment of all persons whatsoever.

I am, sir, your obedient servant,

H. R JACKSON, Brigadier-General, C. S. Army.

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HEADQUARTERS OF THE ARMY, Washington, July 19, 1861.

Lieut. Col. MARTIN BURKE, U. S. Army, Fort Hamilton, N. Y.

SIR: The General-in-Chief directs that you assume command of Forts Hamilton and Lafayette, New York Harbor, taking quarters at the former place.

Orders have been given for the confinement of certain political prisoners and prisoners of war in Fort Lafayette, and a guard has been detailed for their custody, the officers of which will be quartered with the guard in the same fort. The general directs that you give orders to the following purpose:

First. That the prisoners be securely held and that they be allowed every privilege consistent with this end and be treated with all kindness.

Second. That a record be kept of the names, dates of confinement and release of the prisoners.

Third. That the prisoners be permitted to provide themselves with such comforts as they require.

Fourth. That an exact account be kept of the subsistence, &c., furnished the prisoners of war.

I am, &c.,

E. D. TOWNSEND, Assistant Adjutant. General.

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DEPARTMENT OF STATE, Washington, July 20, 1861.

JOHN A. KENNEDY, Esq., Superintendent Metropolitan Police, New York.

SIR: I inclose a copy of a private and confidential letter to me from Mr. Adams, at London, relative to Doctor Holland, of Texas, who was the subject of your note to me of the 17th of May last. The French house {p.33} therein referred to and their correspondence should it seems to me be watched and any member of the firm arrested against whom there should be probable cause for a charge of disloyal or treasonable practices. If any arrest should be made General Scott will be requested to cause the party to be confined in a fort in the neighborhood of New York.

I am sir, your obedient servant,

WILLIAM H. SEWARD.

[Inclosure.]

LONDON, July 5, 1861.

Hon. W. H. SEWARD, Washington, D. C.

DEAR SIR: I feel it my duty to communicate a little information which I have obtained from a source entitled to credit touching the movements of a man called Holland now in London. This is the same man who escaped from America a short time since under strong suspicion which was probably well founded. It is stated that on his voyage he had papers which would have convicted him, but that they were saved by a woman who concealed them in her bosom and who carried them safely to their destination. I understand this to have been on the way out to America, from which he not long since returned. He is now engaged here in procuring and forwarding arms to the South. He professes to be able to get them in by the way of Texas. He also gives it out that he is fitting out a steamer for a privateer. This is probably the same vessel of which the consul, Mr. Morse, has had information.

But the material part of the information is that he keeps up his communications through Paris and a French house in the city of New York, a Mr. Amédee Simonée who transmits the letters from Richmond. He admitted that for a time he had been cut off but the thread was tied again. It is said that he affirms that much of what is done at Washington is known to the Confederates by the treachery of subordinates yet retained by Government. I receive this information in a way which makes concealment of the channel highly advisable.

Very truly, yours,

C. F. ADAMS.

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HEADQUARTERS OF THE ARMY, Washington, July 23, 1861.

Major-General DIX, U. S. Army, Commanding, &c., Baltimore:

Can you with safety send to New York your political and other prisoners without waiting for those from Western Virginia otherwise than by a steamer and the ocean? See previous communications to General Banks.

WINFIELD SCOTT.

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HEADQUARTERS DEPARTMENT OF MARYLAND, Fort McHenry, July 24, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I received your confidential dispatch* last evening with the letter inclosed concerning the Winans arms. Major-General Banks doubts the fact stated and thinks that a search would excite a great deal of feeling among the Roman Catholics. I sent for a special agent of the

* Not found. {p.34} police and directed him to station policemen by night and day near the only two nunneries as he thinks in the city and keep them under constant supervision. If they are entered by any unusual number of persons or if any attempt is made to move the arms in case they are secreted there as conjectured the whole police force aided by the military will be called out. In half an hour two regiments can be concentrated at either point. In the meantime if any circumstance occurs to confirm suspicion I will not hesitate a moment to institute a thorough examination of the premises.

I have the honor to be, sir, your obedient servant,

JOHN A. DIX, Major-General.

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List of prisoners (citizens) paroled by order of Brig. Gen. W. S. Rosecrans July 25, 1861, captured at the battle of Rich Mountain, Va.

Isaac T. Vincent, Samuel W. Vincent, Henry Martin, Jasper Martin, George W. Sins, Joseph Matthews, William J. Matthews, James H. Camp, George H. Easton, William Schiefer, Hugh O’Donnell, William E. Lively, Charles Meredith and Benjamin F. Green.

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HEADQUARTERS FIRST BRIGADE ILLINOIS VOLUNTEERS, Cairo, Ill., July 26, 1861.

Hon. SIMON CAMERON, Secretary of War.

DEAR SIR: I have the honor herewith to transmit a report of the names and residences of all prisoners taken and released upon oath of allegiance to the United States by the troops under my command.

With assurances of high regard, I have the honor to be, dear sir, your obedient servant,

B. M. PRENTISS, Brigadier-General.

[Inclosure.]

Alfred Yancey, Hardeman County, Tenn., arrested May 12, released May 13; employé of Adams Express Company.

Oliver M. Russell, Saint Louis County, Mo., arrested May 12, released May 14; rearrested and held since July 2.

Matthew Hale. Joseph Hill, Samuel W. Woods and Thomas Brennan, Hickman County, Ky., arrested and released June 1; arrested at Cairo, Ill.

John Martin, Saint Louis County, Mo., arrested June 3, released June 5; arrested at Cairo, Ill.

Riley W. Murphy, Jackson County, Ill., arrested June 4, released June 6; arrested at Carbondale, Ill.

Israel Blanchard, Jackson County, Ill., arrested June 4, released June 8; sent to civil authorities, and subsequently released.

Lewis Thompson, arrested June 5, released June 6; steam-boat hand; arrested at Cairo.

James M. Morgan, Jackson County, Ill., arrested June 5, released June 6; arrested at Carbondale, Ill.

Reuben Morgan, Jackson County, Ill., arrested and released June 5; arrested at Carbondale, Ill.

James Richardson, McCracken County, Ky., arrested and released June 5, by scouting party under Colonel Morgan.

{p.35}

J. H. Naive, James M. Newell, Z. S. Jett, John Smith, Milton Grissom, James Welsh, Benjamin P. West, George Hargan, Daniel Hargan, George W. Naive, Madison J. West, James P. Davis, Chesley Rhodes, Michael McRedman, Alfred Rush, William Reasor, George W. Wiseman and James McPherson, Scott County, Mo., arrested June 10, released June 11, by scouting party under Lieutenant-Colonel Hammer.

Sylvester Parker alias Holman, Mississippi County, Mo., arrested and released June 12; arrested at Cairo, Ill.

T. C. Tappan, Edward Gray, William B. Gray and A. J. Carter, Scott County, Mo.; A. S. Lightner., Jasper Colbey and T. J. McClure, Alexander County, Ill., arrested and released June 23; A. R. Newman, Marshall Ellison and Edward Moss, Scott County, Mo., arrested June 23 released June 24, by scouting party under Colonel Morgan.

Michael Flynn (residence not fixed), arrested and released June 2d; steam-boat man; arrested at Cairo, Ill.

Peter H. Tiernan and Aubrey C. Howard, Saint Louis County, Mo., arrested July 7, released July 24; arrested at Cairo, Ill.

B. M. PRENTISS, Brigadier-General.

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Extract from Maj. Gen. George B. McClellan’s report covering operations of the Army of the Potomac from July 27, 1861, to November 9, 1862.

Brig. Gen. L. THOMAS, Adjutant-General, U. S. Army.

SIR:

...

Immediately after being assigned to the command of the troops around Washington I organized a secret service force under Mr. B. J. Allen, a very experienced and efficient person. This force up to the time I was relieved from command was continually occupied in procuring from all possible sources information regarding the strength, positions and movements of the enemy. (Mr. Allan Pinkerton was the trustworthy and efficient chief of the secret service mentioned under the assumed name of E. J. Allen.)

All spies, “contrabands,” deserters, refugees and many prisoners of war coming into our lines from the front were carefully examined, first by the outpost and division commanders, and then by my chief of staff and the provost-marshal-general. Their statements taken in writing, and in many cases under oath, from day to day for a long period previous to the evacuation of Manassas comprised a mass of evidence which by careful digests and collations enabled me to estimate with considerable accuracy the strength of the enemy before us.

...

I am, sir, very respectfully, your obedient servant,

GEO. B. McCLELLAN, Major-General, U. S. Army.

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HEADQUARTERS, Fort McHenry, Md., July 27, 1861.

Brig. Gen. L. THOMAS, Adjutant-General, U. S. Army, Washington, D. C.

GENERAL: In compliance with General Orders, No. 44, Adjutant-General’s Office, July 13, 1861, I have the honor to inclose herewith a {p.36} report of the prisoners who have been taken and released on their oath of allegiance to the United States at this post.

I am, general, very respectfully, your obedient servant,

W. W. MORRIS, Major Fourth Artillery, Commanding Post.

[Inclosure.]

Nathaniel Stephens, released June 29, 1861, on parole of honor; Timothy Corbett, released July 9, 1861, on parole of honor; Frederick Ellenbrook, released July 11, 1861, on oath of allegiance; John L. Hebb, released July 13, 1861, on parole of honor; James Clayton, released July 16, 1861, on oath of allegiance; Richard F. Moran, released July 16, 1861, on oath of allegiance Samuel Ogle Tilghman, released July 16, 1861, on parole of honor; Charles D. Hinks, released July 6, 1861, on parole of honor; Eugene Higgins, released July 26, 1861, on parole-of honor.

The above report is correct.

W. W. MORRIS, Major Fourth Artillery, Commanding Post.

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An act of the U. S. Congress, approved July 31, 1861.

Be it enacted by the Senate and Rouse of Representatives of the United States of America in Congress assembled, That if two or more persons within any State or Territory of the United States shall conspire together to overthrow or to put down or to destroy by force the Government of the United States, or to levy war against the United States, or to oppose by force the authority of the Government of the United States, or by force to prevent, hinder or delay the execution of any law of the United States, or by force to seize, take or possess any property of the United States against the will or contrary to the authority of the United States, or by force or intimidation or threat to prevent any person from accepting or holding any office or trust or place of confidence under the United States, each and every person so offending shall be guilty of a high crime and upon conviction thereof in any district or circuit court of the United States having jurisdiction thereof or district or supreme court of any Territory of the United States having jurisdiction thereof shall be punished by a fine not less than $500 and not more than $5,000, or by imprisonment with or without hard labor as the court shall determine for a period not less than six months nor greater than six years, or by such fine and imprisonment.

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DEPARTMENT OF STATE, Washington, August 1, 1861.

Lieut. Gen. WINFIELD SCOTT, Washington.

GENERAL: I am directed to communicate to you for your information and guidance the accompanying copy of an order of the President of the United States of yesterday relative to political prisoners in forts of the United States.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

{p.37}

(Same to Secretary of the Interior marshal of the United States for the southern district of New York and marshal of the United States for the district of Maryland, Baltimore.)

[Inclosure.]

EXECUTIVE MANSION, Washington, July 31, 1861.

The marshals of the United States in the vicinity of forts where political prisoners are held will supply decent lodging and subsistence for such prisoners unless they shall prefer to provide in those respects for themselves, in which cases they will be allowed to do so by the commanding officers in charge.

Approved, and the Secretary of State will transmit the order to marshals, the lieutenant-general and the Secretary of the Interior.

ABRAHAM LINCOLN.

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Resolution adopted by the Rouse of Representatives August 1, 1861.

Whereas it is currently reported that the forces now in rebellion against the Government have imprisoned loyal citizens of the United States, and among others Hon. Alfred Ely, one of the members of this House:

Resolved, That the President be requested to furnish this House any information he may have upon this subject.

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WASHINGTON, August 2, 1861.

To THE HOUSE OF REPRESENTATIVES:

In answer to the resolution of the House of Representatives of yesterday requesting information regarding the imprisonment of loyal citizens of the United States by the forces now in rebellion against this Government, I transmit a report from the Secretary of State and the copy of a telegraphic dispatch by which it was accompanied.

ABRAHAM LINCOLN.

[Inclosure No. 1.]

DEPARTMENT OF STATE, Washington, August 2, 1861.

The PRESIDENT:

The Secretary of State, to whom was referred the resolution of the House of Representatives of yesterday requesting the President to furnish to that House any information he may have in his possession on the subject of the forces now in rebellion against the Government having in imprisonment loyal citizens of the United States, and among others the Hon. Alfred Ely,* one of the members of the House of Representatives from the state of New York, has the honor to report to the President that the only information possessed by this Department on the subject is contained in a telegraphic dispatch, a copy of which is annexed.

Respectfully submitted.

WILLIAM H. SEWARD.

* Mr. Ely was captured at Bull Run July 21, 1861.

{p.38}

[Inclosure No. 2.]

RICHMOND, VA., July 31, 1861. (Received August 1.)

Hon. W. H. SEWARD:

I am here a prisoner. Ely, Arnold Harris and Magraw are also here.

C. HUSON, JR.

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HEADQUARTERS OF THE ARMY, Washington, August 5, 1861.

Hon. W. H. SEWARD, Secretary of State.

SIR: In reply to your note of this morning* I respectfully suggest that among the persons who have just arrived at New York from California, mentioned in the newspaper slip inclosed in that note, I think it desirable that John Adams, a native of Tennessee, who recently resigned a captaincy in the U. S. First Regiment of Dragoons, be arrested and held a political prisoner, as I do not doubt that he designs to take service in the rebel army against us. There is no similar reason for confining medical officers even when taken as prisoners of war.

I have the honor to be, sir, with high respect, your obedient servant,

WINFIELD SCOTT,

* Not found.

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HEADQUARTERS OF THE ARMY, Washington, August 5, 1861.

Lieut. Col. MARTIN BURKE, U. S. Army, Commanding, &c., Fort Hamilton, N. Y.

SIR: ... The general also directs that you receive and take charge of any political prisoners or prisoners of war who may be delivered or sent to you by the U. S. marshal or by any department commander.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, August 5, 1861.

Hon. WILLIAM STUART, &C.

SIR: I have had the honor to receive your note* of the 1st instant, setting forth that British officers and seamen captured in vessels charged with attempting to run the blockade have without necessity been confined in military prisons and common gaols as prisoners of war; that they have been robbed of their effects, and that an attempt appears to have been made to get certain colored seamen of the Mersey out of the way in order to prevent their giving testimony in favor of the owners.

In reply I have the honor to acquaint you that Her Majesty’s Government does no more than justice to the Government of the United States in supposing that it could never sanction such practices and that if in any case it shall be made to appear that a British subject has been treated with undue harshness all proper reparation shall be made. Immediate inquiry with this view shall consequently at once be made {p.39} in the proper quarter. Meanwhile, however, I would remark that it seems so improbable that anything which the mariners on board captured vessels would be likely to have would tempt the cupidity of those who may have had those persons in their power that this charge may in advance be pronounced as of questionable foundation.

I have the honor to be, sir, your very obedient servant,

WILLIAM H. SEWARD.

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HEADQUARTERS DIVISION OF TILE POTOMAC, Washington, August 6, 1861.

Col. A. PORTER, Provost-Marshal, &c., Washington, D. C.

SIR: The general commanding directs that you have in charge the surveillance of all persons in this city who are disposed inimically to the Government. You will exercise a wise discretion in making arrests, and all cases will be reported directly to these headquarters.

I am, sir, very respectfully, your obedient servant,

A. V. COLBURN, Assistant Adjutant-General.

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STATE OF OHIO, EXECUTIVE DEPARTMENT, Columbus, August 7, 1861.

Hon. SIMON CAMERON, Secretary of War, Washington, D. C.

SIR: There are now and have been for some time a number of prisoners at Camp Chase who were arrested in Western Virginia under orders of commanding officers. I desire to know what are the principles governing their discharge. There are among them men who may properly be set at liberty, and you will please advise what steps may properly be taken for that purpose and on whose authority discharges may be issued. I have not taken any charge of these prisoners but have in all cases on their arrival here turned them over to the U. S. officers. I am pressed every day for papers granting discharges and I trust you will give this your immediate attention.

Very respectfully,

W. DENNISON.

–––

HEADQUARTERS DIVISION OF THE POTOMAC, Washington, August 7, 1861.

Brig. Gen. A. PORTER Provost-Marshal, Washington, D. C.

GENERAL: I am directed by the major-general commanding to say that in addition to your other duties he desires you if possible to intercept all letters and communications sent to or coming from Virginia otherwise than through the proper channels. He desires also that all persons supposed to be in correspondence with or who are disposed in any way to aid the enemy be carefully watched. Much discretion should be used in arresting such persons. You are authorized to employ citizen detectives to aid you in performing the above duties.

I am, sir, very respectfully, your obedient servant,

A. V. COLBURN, Assistant Adjutant-General.

{p.40}

–––

CIRCULAR.]

HDQRS. DEPARTMENT OF NEW MEXICO, Santa Fé, N. Mex., August 8, 1861.

The writ of habeas corpus has-been suspended in order to enable every commander to guard against the treasonable designs of persons disloyal to the Government of the United States, particularly agents and spies, persons engaged in furnishing information to or in other treasonable correspondence with the enemy or in inciting insurrection or rebellion.

Care will be taken to guard against any abuse of this power by unauthorized arrests or by any annoyances to peaceable and well-disposed citizens, and except in the case of overt acts arrests will only be made by the superior commander of every district, post or body of troops in the service of the United States, and only upon probable cause of suspicion of being dangerous to the public safety.

When arrests are made the person arrested will immediately be examined and if there be no ground for suspicion will be released; if otherwise held in confinement until his case is disposed of by the proper authorities. If there be evidence of treason or misprision of treason he will be turned over to the civil courts for trial.

In the execution of these duties the troops will at all times unite with and assist the civil authorities in maintaining order throughout the country.

By order of Col. E. R. S. Canby:

A. L. ANDERSON, Second Lieut., Fifth Infantry, Acting Assistant Adjutant-General.

–––

OFFICE AMERICAN TELEGRAPH COMPANY, Washington, August 9, 1861.

B. P. SNYDER, Manager, and G. H. BURNS, Supervisor:

You will receive instructions relating to the conduct of Government telegraphing and the restrictions upon other business from Hon. Thomas A. Scott, Assistant Secretary of War and general manager of military telegraphs.

You will not permit any telegram relating to late, present or contemplated movements of the Army or any part thereof to pass over the lines excepting official messages sent by military commanders. The former rule permitting such army information as appeared in the Washington papers to be telegraphed is rescinded.

You will require of every one in the employ of the company having access to messages to take the oath of allegiance and secrecy as per form furnished by Mr. Scott.

Great caution must be used in forwarding and receiving Government cipher and other messages. In all cases of the slightest doubt have the message repeated until its correctness is clear. If messages be sent in with illegible words return them for explanation.

You will not permit any one not directly and necessarily connected with the office to have access to messages or the operating room or its immediate vicinity unless duly authorized by the Government telegraph manager.

Any information you may obtain which appears of importance to Government is to be communicated directly to Mr. Scott.

Respectfully,

E. S. SANFORD, President.

{p.41}

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DEPARTMENT OF STATE, Washington, August 12, 1861.

Mr. A. W. THAYER, Northampton, Mass.

MY DEAR SIR: Your favor of the 10th instant has been received, together with the newspaper mentioned therein containing what purports to be a letter from a surgeon of the U. S. Army stationed at Arlington Heights containing strictures upon the Army, members of the administration and others, and in which it is stated that “Seward is drunk from morning till night.” You tell me that if it is thought best you think you could find out who is the writer of the communication. I give you my sincere thanks for the kindness which prompted you to bring this matter to my notice, but I have not the least interest in discovering the author of the communication. It has been a habit of my life to leave my conduct and character to the vindication of time and truth.

I am, my dear sir, very truly, yours,

WILLIAM H. SEWARD.

–––

HEADQUARTERS DIVISION OF THE POTOMAC, Washington, August 12, 1861.

Brigadier-General MANSFIELD, Commanding Department of Washington.

GENERAL: You will please take no action in regard to the detective police of Washington as to secessionists. The subject is fully covered by proceedings from these headquarters in connection with the action of the provost-marshal.

I am, very respectfully, your obedient servant,

GEO. B. MCCLELLAN, Major-General, Commanding.

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HEADQUARTERS OF THE ARMY, Washington, August 13, 1861.

Hon. SECRETARY OF WAR.

SIR: Lieut. Col. Martin Burke, U. S. Army, has been assigned to the command of Forts Hamilton and Lafayette for the purpose of supervising the safe custody of the political prisoners and prisoners of war confined in the latter fort. In accordance with the wishes of the honorable Secretary of State instructions of which the inclosed are copies have already been given in relation to the said prisoners. I beg leave to suggest that the letters written by the prisoners to their friends having a political rather than a military bearing should be sent to the Department of State for examination to ascertain whether they may be properly forwarded to their address or if not what should be done with them. Applications for permission to visit the prisoners should be submitted it is supposed to the same Department.

I have the honor to be, sir, very respectfully, your obedient servant,

WINFIELD SCOTT.

[Inclosure.]

HEADQUARTERS OF THE ARMY, Washington, August 2, 1861.

Lieut. Col. MARTIN BURKE, U. S. Army, Commanding, &c., No. 6 State Street, New York City:

Should the writ of habeas corpus come for the production in court of any of your political prisoners you will respond thereto that you deeply {p.42} regret that pending existing political troubles you cannot comply with the requisition of the honorable judge.*

WINFIELD SCOTT.

* See also Scott to Burke, August 12, 1861, Vol. I, this series, p 641. ** Not found.

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NEW YORK, August 13, 1861.

Hon. SECRETARY OF WAR.

DEAR SIR: I beg to apprise you of a plot to get possession of Fort Lafayette in this harbor by a surprise in order to release the Baltimore prisoners confined there. A recent visit to the fort shows me that it can be easily accomplished by a few bold men. The gates of the fort are always open and entrance is easy to any one suddenly landing. Some of the guns on Fort Hamilton point to Lafayette, but there is not a man in the garrison of Hamilton who can work a gun. Nor are there any about there except some twenty-five men in Company G, of the Texas troops, who are encamped near the fort. Fort Hamilton is also open continually to stragglers, and you may hear that some of the guns have been tampered with, especially the brass pieces that stand outside the gate.

You do not know me and therefore may question my statements, but I beg you to send some agent to look at the position of matters at these forts, and I am sure you will conclude that they need attention. Fort Hamilton ought to be fully garrisoned by regulars and shut from idle stragglers, and Fort Lafayette should also be carefully guarded and no one permitted to land there or hold any communication with it. If you do not attend to this you will experience trouble and mortification I am confident.

Very respectfully,

A. G. WHITE.

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COLUMBUS, August 14, 1861.

Hon. SIMON CAMERON, Secretary of War:

We have several prisoners confined at Camp Chase charged with various crimes. I now send you inclosed a statement** of the accusations made against them by the different persons by whom they were arrested. I desire to be informed what shall be done with them.

Three of the prisoners are confined for the crimes of murder and rape. Shall they be delivered over to the civil authorities of the State in which the crime was committed, or to be tried here by court-martial?

Several of the prisoners are only accused of an expression of opinion in favor of the rebels without overt act of treason against the Government. What course is to be adopted as to prisoners of this class? Shall they be discharged on taking the oath to support the Constitution of United States or detained as prisoners of war?

Others are charged with overt acts of treason. What shall be done with this class of prisoners? Shall they be handed over to the Federal courts for trial for treason or for the present detained as prisoners of war?

I would be very glad if you would inform me of your conclusions as soon as possible as prisoners are accumulating very rapidly on our hands. You will please indicate at the bottom of the statement as to each prisoner what I shall do with him.

Respectfully, yours,

W. DENNISON, Governor.

{p.43}

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HEADQUARTERS DIVISION OF THE POTOMAC, Washington, August 14, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I respectfully invite your attention to the case of A. R. H. Ranson, styling himself a lieutenant of the Army of the Confederate States. This gentleman is one of the prisoners surrendered with the command of Colonel Pegram to the forces under my command just after the battle of Rich Mountain, Va., and subsequently released on parole. He was the adjutant of Colonel Pegram’s regiment, and on account of the feeble state of the health of that officer was permitted by me to accompany him to Fort McHenry, to which place he was ordered pursuant to the instructions of the General-in-Chief. Mr. Ranson was directed to report to General Banks on his arrival in Baltimore, but the general having been removed from that station he has come to this city, where he now is.

Mr. Ranson’s bearing and conduct since he became a prisoner to our arms have been of the most exemplary character, and if consistent with your views I shall be gratified to receive authority from you to permit him to return to his home in Virginia via Fort Monroe.

I am, sir, very respectfully, your obedient servant,

GEO. B. MCCLELLAN, Major-General, Commanding.

[Indorsement.]

WAR DEPARTMENT, August 15, 1861.

Major-General MCCLELLAN, Commanding:

The action of the rebels in regard to citizens of loyal States has been such as to prevent compliance with your request. Citizens that have passed the lines on missions of mercy have been thrown into prison and unwarrantably detained. Until some change is made by the rebels no privileges can be extended to citizens of Southern States.

Very respectfully,

SIMON CAMERON, Secretary of War.

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DEPARTMENT OF STATE, Washington, August 16, 1861.

Major-General DIX, Fort McHenry, Baltimore:

Richard K. Meade, of Virginia, late minister to Brazil, is expected to arrive at Baltimore soon. Secure his papers, arrest and send him to Fort Lafayette.

WILLIAM H. SEWARD.

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HEADQUARTERS OF THE ARMY, Washington, August 17, 1861.

Lieut. Col. MARTIN BURKE, U. S. Army, Fort Hamilton, New York Harbor.

SIR: ... I have also to inform you, in relation to some letters from Mr. Howard, that the Department of State sees no objection to letters unsealed being received and dispatched by the prisoners, or to their purchasing such newspapers as may be for sale in New York City.

I am, sir, very respectfully,

E. D. TOWNSEND, Assistant Adjutant-General.

{p.44}

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CIRCULAR.]

HEADQUARTERS ARMY OF OCCUPATION, Clarksburg, W. Va., August 17, 1861.

Great looseness and irregularity prevails in the arrest and discharge of prisoners. Much care and discretion must he exercised in the arrest of persons merely suspected, and proofs obtained if possible; but when proofs exist, and particularly when taken with arms in hand or with evidence of intention or preparation to pursue other than a perfectly peaceable course no prisoner whatever will be released, but as soon as practicable he will be forwarded with a full statement of his case to these headquarters.

By command of Brigadier-General Rosecrans:

GEO. L. HARTSUFF, Assistant Adjutant-General.

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MIDDLETOWN, August 19, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington.

DEAR SIR: We wish to trouble you by asking one question, viz: Is Adams Express of New York City allowed to transport letters to any Southern State they choose? Such is the case, however, and they advertise boldly and make up a very respectable mail which does quite as well as our former U. S. mail. Considering the facility the enemy has for letter transportation it is not to be wondered at that they know our movements so well. We feel that this kind of work should be stopped. Not wishing to intrude upon your duties we ask that something may be done to suppress such a dangerous conveyance as regarding letters and other comforts which they receive by their hands, of which we think there is ample proof. While we are exerting ourselves to support the Government by every means we can they are allowed to transport the secession sentiments from our midst to any Southern State they see fit, and it is growing daily in and about our county villages. We look upon you as one who by experience can devise a remedy.

Truly, yours,

SAMUEL SMITH. [AND MANY OTHERS.]

A Union man to the backbone. You will confer a favor by answering.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., August 19, 1861.

Maj. Gen. G. B. MCCLELLAN, Commanding Division of the Potomac.

GENERAL: I have the honor to report that on Friday last, the 16th instant, the pickets of the First Regiment of Pennsylvania Volunteers between Annapolis and the Junction captured 2 wagons loaded with medicines and military goods, 3 horses and 2 men. A third man ran away and could not be overtaken. I directed the captured property to be taken to Annapolis with the two men and there detained. There were numerous letters in the carpet bag of one of the two men. The other is a negro. The letters were sent to me and I have examined them. They are either of a domestic or commercial nature indicating secessionist affinities in most cases but containing no valuable information. Under the President’s proclamation of the 16th instant the {p.45} property seized is forfeited to the United States there being no doubt that it was on its way to Virginia. One of the captured men, Albert Brummel, No. 351 Lexington street, Baltimore, whose written statement I have admits that they were on their way to the Potomac and that the property was to be taken to Pope’s Creek (opposite Matthias Point) and thence sent across. He also admits that some of the purchases were made for a Mr. Ruskell who keeps a store in Richmond. I directed the boxes containing the property, seventeen in number, to be secured in the naval school, Annapolis. The vehicles are also forfeited by the President’s proclamation and are secured in the same place. Will you advise me what to do with the men? I directed their detention to secure their testimony. I do not see that they have incurred any penalty though I have no copy of the act of February 28, 1795, to which the President’s proclamation refers.

I am, general, very respectfully, your obedient servant,

JOHN A. DIX, Major-General, Commanding.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., August 19, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General, Headquarters of the Army.

COLONEL: Your letter of the 19th instant* is just received. We have no doubt the old city police are busy stirring up disaffection. I shall arrest any one of them who is so engaged if I can obtain the proof. We sent a special agent this morning to the lower counties of Maryland to track them if they are there and ascertain the true state of things. In this city they are closely watched. ... I shall write to Major-General McClellan, now my immediate superior, to morrow in regard to the Eastern Shore of Maryland, which requires attention.

I am, colonel, very respectfully, yours,

JOHN A. DIX, Major-General, Commanding.

* Not found.

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NAVY DEPARTMENT, August 20, 1861.

Lieut. Col. MARTIN BURKE, Commanding Fort Lafayette, New York Harbor.

SIR: The War Department has consented to take charge of such prisoners as may come into the possession of naval authorities, and has informed this Department that they will be confined in Fort Lafayette, under the command of Lieut. Col. Martin Burke. I have directed Flag Officer S. H. Stringham to send any he may have to you, and will thank you to take charge of them accordingly.

I am, respectfully, your obedient servant,

GIDEON WELLES.

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HDQRS. DIVISION OF THE POTOMAC, August 20, 1861.

Maj. Gen. JOHN A. DIX, Commanding, die., Baltimore, Aid.

GENERAL: I am directed by Major-General McClellan to acknowledge the receipt of your letter of the 19th instant relating to capture of men {p.46} and property. He directs me to say in reply that the property will of course be confiscated and that the men will be kept in custody. Before many days some place will he designated where prisoners of this description can be sent for safe-keeping until everything is settled. When there is good reason to suppose that persons are giving aid and comfort to the enemy they should be arrested even when there is want of positive proof of their guilt.

I am, very respectfully, your obedient servant,

A. V. COLBURN, Assistant Adjutant-General.

–––

WAR DEPARTMENT, Washington, August 23, 1861.

OPERATOR NATIONAL. OFFICE:

Do not send any messages relative to the arrest of any person or persons in this District at any time during the day. The order is imperative.

THOMAS A. SCOTT.

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No. 136 DUANE STREET, NEW YORK, August 23, 1861.

SIMEON DRAPER, Esq.

DEAR SIR: When in England a few weeks since two merchants from Charleston, S. C., both Northern men, and one of them a most violent secessionist, told me that the British consul in Charleston would sometimes allow letters to he dropped into his bag for England for them. The names of these two rebel gentlemen can be had by application to me from the proper quarter.

Yours, truly,

N. A. GARRETT.

[Indorsement.]

This gentleman has been known to me for twenty years, and is reliable.

S. DRAPER.

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DEPARTMENT OF STATE, Washington, August 24. 1861.

Hon. WILLIAM P. FESSENDEN, Portland, Me.

SIR: As it is important and desirable that agents of the insurgents who may land at or proceed from Portland should be attested I will thank you to inform me of a suitable person to employ to be on the lookout for such parties. The compensation will be at the rate of $50 a month.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, August 24, 1861.

Hon. ZACHARIAH CHANDLER, Detroit, Much.

SIR: I will thank you to recommend to me a person to be employed in your city at a compensation of $50 a mouth to detect and arrest persons in the employ of the insurgents.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

{p.47}

–––

DEPARTMENT OF STATE, Washington, August 24, 1861.

THURLOW WEED, Esq., Albany, N. Y.

Slit: As it is desirable and important that agents of the insurgents who may have been abroad should he arrested when on the way to the disaffected region I will thank you to inform me of a suitable person at Rouse’s Point to employ there for that purpose. The compensation would be at the rate of $50 per month.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, August 24, 1861.

HOLLIS WHITE, Esq., Niagara Falls, N. Y.

SIR: It being very desirable to employ a man of prudence and fidelity to detect persons in the service of the insurgents who may pass the Suspension Bridge either way you are appointed to that office at a compensation of $50 a month. Please signify your acceptance or otherwise. It will be your duty to arrest and hold for orders from this Department any person liable to reasonable suspicion of being in the service of the insurgents, according to your own knowledge or to information which you may receive from here or elsewhere.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

–––

HEADQUARTERS ARMY OF THE POTOMAC, Washington, August 24, 1861.

[Lieut.] Col. ROMAINE LUJEANE, Commanding Thirty-second Pennsylvania Volunteers.

SIR: Your letter of the 21st instant has been submitted to the major-general commanding who directs me to inform you that he fully approves your course in arresting a man in Baltimore who used offensive language toward your regiment.

Very respectfully, your obedient servant,

A. V. COLBURN, Assistant Adjutant-General.

–––

NAVY DEPARTMENT, Washington, August 24, 1861.

Mr. ROBERT TANSILL, Late Captain, U. S. Marine Corps, Boston, Mass.

SIR: Your resignation as captain in the Marine Corps of the United States, tendered in your letter of the 17th May, 1861, has been received. By direction of the President your name has this day been stricken from the rolls of the Marine Corps.

I am, respectfully, your obedient servant,

GIDEON WELLES.

–––

NAVY DEPARTMENT, Washington, August 24, 1861.

Capt. WILLIAM L. HUDSON, Boston, Mass.

SIR: Upon receipt of this order you will send under guard to Col. Martin Burke, commanding at Fort Lafayette, Capt. Robert Tansill and {p.48} Lieut. Thomas S. Wilson, of the Marine Corps, and Midshipmen Henry B. Claiborne and Hilary Cenas, all of the frigate Congress.

Very respectfully,

GIDEON WELLES.

–––

HEADQUARTERS OF THE ARMY, Washington, August 26, 1861.

Col. HENRY L. SCOTT, Inspector-General, Commanding, &c., New York:

General Scott says if the U. S. marshal of New York calls on you for assistance in making arrests give it. Bring [use?] his name if you have to take troops from the forts in the harbor.

E. D. TOWNSEND, Assistant Adjutant-General.

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MAYOR’S OFFICE, Newport, R. I., August 26, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: I have good reason to believe that there are several disloyal persons in this city, some residents and some summer visitors, who have been and are in communication with the rebels in various secret ways. If I can discover anything of a reliable nature against any of them will you please inform me what steps I shall take to cause their arrest?

I am, very respectfully, your obedient servant,

WILLIAM H. CRANSTON, Mayor.

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WASHINGTON, August 27, 1861.

Lieut. Col. MARTIN BURKE, Fort Hamilton:

Allow no writs to be served on you for any of the prisoners under your charge. Give the same answer* as heretofore.

WINFIELD SCOTT.

* See Scott to Burke, August 2, 1861, Vol. I, this series, p. 636; also Seward to Scott, August 8, same volume, p. 637; also Scott to Secretary of War, August 13, and its inclosure, p. 41, this volume.

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HEADQUARTERS OF THE ARMY, New York, August 27, 1861.

Bvt. Col. CHARLES F. SMITH, Lieutenant-Colonel Tenth Infantry, Fort Columbus; N. Y.

SIR: I am instructed by the General-in-Chief to say that you will give any aid in troops that the marshal of the United States for the southern district of New York may require of you in making arrests.

I am, sir, very respectfully, your obedient servant,

HENRY L. SCOTT, Inspector-General.

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HEADQUARTERS, Fort Hamilton, August 28, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General, Hdqrs. of the Army, Washington.

SIR: I have this day received from Lieut. W. Gwin, U. S. Navy, Capt. Robert Tansill and Lieut. Thomas S. Wilson, late of the Marine Corps, {p.49} and Henry B. Claiborne and Hilary B. Cenas, late midshipmen in the U. S. Navy as prisoners, and they are now confined in Fort Lafayette by order of the honorable the Secretary of the Navy.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, U. S. Army, Commanding.

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FORT HAMILTON, N. Y., August 30, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General, U. S. Army, Washington, D. C.

COLONEL: At the request of Colonel Burke I have the honor to inclose a copy of a letter received by him to-day from Mr. Cisco, assistant treasurer. The commanding officer at Fort Lafayette has been warned to be on the alert, and a copy of the inclosed letter has been sent to the revenue cutter lying in the stream off the fort. Major [C. C.] Sibley, Third Infantry, has also been notified to hold his command in readiness to repel any at-tempt of the kind mentioned in Mr. Cisco’s letter.

Very respectfully, your obedient servant,

H. B. CLITZ, Major Twelfth Infantry.

[Inclosure.]

OFFICE U. S. ASSISTANT TREASURER, New York, August 30, 1861.

Col. MARTIN BURKE, U. S. Army.

SIR: It has been communicated to me to-day by a gentleman of high character and position (whose name I am not at liberty to give) that preparations are making to attempt the forcible rescue of the prisoners of state now under your charge at Fort Lafayette. This statement coming from the source that it does strongly impresses me with belief in its truth. I have therefore deemed it my duty to immediately communicate with you that you may if you deem it necessary strengthen yourself for any emergency.

Yours, very respectfully,

JOHN J. CISCO, U. S. Assistant Treasurer.

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DEPARTMENT OF STATE, Washington, August 31, 1861.

Hon. WILLIAM H. CRANSTON, Mayor of Newport, R. I.

SIR: I have had the honor to receive your letter of the 26th instant relative to supposed disloyal persons in your city. In reply I have to state that your best course would be to communicate with the marshal of the United States for the district of Rhode Island in regard to any person who in your judgment should be arrested for the cause referred to and to request the marshal to address this Department upon the subject by telegraph or letter when proper directions will be issued to him.

I have the honor to be, sir, your obedient servant,

F. W. SEWARD, Acting Secretary.

{p.50}

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OFFICE OF THE SUPT. OF THE METROPOLITAN POLICE, New York, August 31, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In order to be able to perform the service you sometimes require of me it will be necessary in future to have the revenue department at this post instructed to allow my officers opportunity and some facilities for boarding the incoming ships, steamers especially, before the parties sought for have time to escape or to transfer papers, &c., intrusted to their charge. In two cases lately I have been refused any such aid. In one case I applied in person at the office of the surveyor (on 20th instant), the collector at the time being at Newport, and the surveyor also absent from town, Mr. Benedict, the deputy surveyor, acting. I made a request to allow two of my detectives to go on hoard of the revenue steamer in order that they might have the best opportunity to arrest a person expected on the steamer Edinburg due that day who was suspected of being an agent of the rebels. My request was declined. I specially urged it on the ground that the person for whom I was in search was a near relative to the boarding officer who had charge of the steamer, but without avail further than to refer me to this very boarding officer. Being anxious to secure the arrest of the person I then went to the steamer and made the request of Mr. Lowber, the boarding officer, which he declined unless ordered to comply by his superior officer; a very proper position for him to take. It became necessary for me then to have recourse to the quarantine department, at great inconvenience and loss of time, by which I was enabled to get my men on the ship but not until after the brother of the person for whom I was in search had been on board inquiring for his brother. He was not on that ship.

Another case has since occurred presenting points which I think should not be withheld from you. On the 23d instant I received a telegram from you of that date directing the arrest of Edward Daley, of South Carolina, expected to return shortly from Europe. On the 27th instant, by telegram, from Sandy Hook I learned that the steamer City of Washington was on her way up, and immediately dispatched two officers to board her and look for Daley. I did not direct them to apply to the revenue department, but as under the last administration no obstruction to our officers was offered they very naturally went to the Barge Office to obtain passage to the ship on the revenue steamer. The report of Mr. Eustace, a copy of which is inclosed, will show that they were so obstructed in their proceedings that Daley may have very easily evaded them by remaining on board the ship or by landing at Castle Garden with the second-class passengers. I have to request that my men may be furnished with suitable facilities for boarding incoming vessels, especially when they are in the discharge of duty imposed on them under orders from the executive department.

Very respectfully, yours, &c.,

JOHN A. KENNEDY, Superintendent.

[Inclosure.]

NEW YORK, August 27, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police.

SIR: In obedience to your order, in company with Officer Tiemen I proceeded with telegram from the Hon. W. H. Seward, Secretary of {p.51} State, to arrest Edward Daley, a captain in the rebel army, who is expected here every day in some of the steamers from Europe. We took also a telegram to John A. Kennedy, superintendent of police, announcing to him the arrival of the steam-ship City of Washington. After making inquiry we learned that the steam-boat Birbeck, then in the service of the Government Barge Office, would be the first to take off passengers from the steamer City of Washington, then lying in the harbor. We went to the officer in charge of the Barge Office, showing our shield of office, and made known our business to him (Hawley) to get permission to go on the steam-boat Birbeck. The Government officer said he had orders to allow no person to go on board the steamboat. I said in reply that it was a very strange order to prevent officers from going on board the boat with dispatches from Secretary of State and superintendent of police. The Government officer sent a messenger to the surveyor of the port, also the dispatches from the Secretary of State and superintendent of police, to know whether we would be permitted to go on board the Birbeck. The messenger returned with orders from the surveyor saying that we could not have permission to go on board the Birbeck, a boat then leaving to take the passengers oft the City of Washington. We then waited until the steam-boat Birbeck returned the passengers, but said Daley was not among them.

Respectfully, yours,

JAS. EUSTACE.

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FORT HAMILTON, New York Harbor, September 1, 1861.

Col. E. D. TOWNSEND, Asst. Adjt. Gen., Hdqrs. of the Army, Washington City, D. C.:

When I received the assistant treasurer’s note of which I requested Major Clitz to send you a copy yesterday I sent Lieutenant Lay, my officer of the day, over to Fort Lafayette to see Lieutenant Wood, the officer commanding Fort Lafayette, and to show him the papers and to send a copy to the captain of the cutter near by. (The captain of the cutter is a very clever officer.) Lieutenant Wood sent me back word that I would find the prisoners all there. I presume he meant in Turkish fashion that they would be there dead or alive, I know not I think the answer will please General Scott. In connection with this matter I would recommend this officer, Lieutenant Wood, to be immediately promoted to the grade of captain. If I had the influence with the President I would make a major of him at once. Lieutenant Wood’s conduct has been uniformly kind and consistent to the prisoners. But under no combination of circumstances will it be proper to relieve Lieutenant Wood from the command of Fort Lafayette, as in the large range of my acquaintance I do not know an officer as well fitted to perform the delicate and stern duties of that post as Lieutenant Wood.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, U. S. Army, Commanding.

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DEPARTMENT OF STATE, Washington, September 2, 1861.

Hon. S. P. CHASE, Secretary of the Treasury.

SIR: Mr. John A. Kennedy, the superintendent of police at New York, who has instructions to arrest persons in the employment of {p.52} insurgents who may arrive there, especially in the steamers from Europe, represents that the custom-house authorities have recently in several instances refused the necessary facilities for that purpose. As it is obviously impracticable for Mr. Kennedy efficiently to discharge that duty without the cordial co-operation of those authorities I will thank you to give such directions to the collector of the customs at New York as may tend for the future to obviate any similar cause of complaint on the part of Mr. Kennedy.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

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STATE DEPARTMENT, Washington, September 2, 1861.

WILLIAM H. BARSE, Esq., Detroit, Mich.

SIR: This Department has occasion for the services of a discreet and active man at Detroit to detect and arrest disloyal persons, especially those who may be agents of the insurrectionary States. You are accordingly appointed for that purpose at a compensation of $50 a month. You will be particularly on the watch for such persons who may pass into or from Canada on their way to or from Europe. In case any well-founded suspicion should be entertained against any such person you will arrest him secure his papers and give immediate notice by telegraph to this Department.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

(Same to John C. Miller, Chicago.)

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FORT HAMILTON, N. Y., September 2, 1861.

Lieutenant-General SCOTT, General-in-Chief U. S. Army, Washington, D. C.

GENERAL: Flag Officer Stringham wishes to deliver to me 678 prisoners of war. There is capacity in Fort Lafayette for about fifty prisoners. There are forty-eight there now. Lieutenant Wood says he can fit up the gun galleries and receive 100 more, but in doing so the fort so far as its armament is concerned will be perfectly defense less, and I therefore strongly object to receiving any of the Minnesota prisoners. I would respectfully suggest that Fort Independence, Boston Harbor, be assigned to the prisoners.

The commodore is lying off the fort awaiting instructions. Please answer at once.

MARTIN BURKE, Lieutenant-Colonel, U. S. Army.

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DEPARTMENT OF STATE, Washington, September 3, 1861.

The Right Rev. JOHN HUGHES, Archbishop of New York.

SIR: I inclose a copy of a letter addressed to me by the superintendent of police at New York and of the affidavits to which it refers relative to the Rev, M. M. Hallinan, represented to be a priest of the Roman Catholic Church. If the representations in these papers are correct, it is presumed that you will agree with me that the reverend gentleman merits at least admonition from his clerical superiors.

I remain, my dear sir, very truly, yours,

WILLIAM H. SEWARD.

{p.53}

[Inclosure.]

NEW YORK, September 1, 1861.

Hon. W. H. SEWARD, Secretary of State.

SIN: Last night a man who at the time called himself J. Storer, of Dayton, Ohio, but who afterward proved to be Rev. M. M. Hallinan, now of Salem, Mass., but formerly was at the college at Georgetown, D. C., in some capacity, was arrested for endeavoring to induce a soldier in the U. S. service to go over to the enemy, as set forth in the accompanying affidavits.* He is a young man of about thirty years of age, Irish by birth, and has some reputation as a lecturer. At the time of his arrest he was very much under the influence of drink, and this morning presents the appearance of a man accustomed to such indulgence. On his person was found $1,119. A very large sum to be in the possession of a priest. But on taking possession of his baggage nothing was found to implicate him in any way whatever with the rebels, his papers consisting of skeleton sermons, lectures, poetic effusions and amatory letters. Of the latter there are quite a large number. On his person besides the money and a few unimportant papers was the inclosed letter* addressed W. L. Beaumont, Boston, Mass. Notwithstanding the strength of the affidavits I send I am inclined to regard him as inoffensive. He is undoubtedly very much debauched by intercourse with women and indulgence in drink. And his visit to Philadelphia seems to have been made in consequence of having received the Beaumont letter, which I have no doubt is another assumed name for himself. In his trunk I found a large number of newspaper clips; some are signed M. N. H., others Beaumont, others B. These are no doubt effusions of his own that he has collected. And I think in the erased signature I can trace the word Donna one of his most devoted correspondents, whose letters and scraps he has saved to the number of over fifty. If I am right, this is a love threat, nothing more; but if not, it may in some way be connected with his conduct with Fabre yesterday. He arrived in this city on Tuesday, 27th instant, and took a room at the hotel in Fourth avenue; left that evening for Philadelphia, where he remained until 2 p.m. of Friday, when he returned on the same train with Fabre, and then went back to the same hotel. The postmark on the Beaumont letter is August 24, and he would seem to have obeyed the summons immediately. The Doctor Fitzgerald whom he involves with himself has command of a company in Col. F. Webster’s regiment, and is now in the field. I think it well that Colonel Webster should be apprised of the suspicion resting on him by the act of this drunken priest. If the doctor is sound it will do no harm; if not he had better be on guard. Fabre tells me that the doctor was to join the enemy before he could be expected to get around to them, and this note was for use when he met him on the other side. I have to request that proper notice be taken of the conduct of the private, Fabre. He has managed the matter in a very adroit manner, and seems to have been influenced alone by a desire to detect and expose the business of seducing our men from their allegiance.

Respectfully, yours,

JOHN A. KENNEDY, Superintendent.

* Not found.

{p.54}

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DEPARTMENT OF STATE, Washington, September 3, 1861.

FLAMEN BALL, Esq., U. S. Attorney for the District of Ohio, Cincinnati.

SIR: I inclose a copy of a letter* to the President from J. H. Edwards who professes to be a member of the society calling itself “Knights of the Golden Circle,” and offering to disclose its secrets to the Government. We have had disclosures from other similar persons which have hitherto proved of little or no value. You may, however, request this person to call on you, and if he has anything of importance to communicate you may pay him for it according to its value-not to exceed $100, and may draw on this Department for the amount at sight.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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OFFICE OF THE U. S. MARSHAL, New Haven, Conn., September 3, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: To prevent a greater calamity I have taken it upon myself to interdict and entirely prohibit the sale and circulation of the New York Daily News in the city of New Haven, it being quite evident to me that our citizens as a body do not desire its circulation nor will they longer allow it.

Will you please telegraph me on receipt of this if my course is approved, as I wish to stop the circulation of this detestable sheet throughout the whole of our State?

DAVID H. CARR, U. S. Marshal.

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WAR DEPARTMENT, Washington, September 3, 1861.

DAVID H. CARR, U. S. Marshal, New Haven, Conn.:

Your course with regard to the Daily News is approved.

SIMON CAMERON, Secretary of War.

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STATE HOUSE, Boston, September 3, 1861.

Hon. W. H. SEWARD:

Is your consul at Halifax, Nova Scotia, thoroughly loyal? Four vessels from North Carolina have recently arrived there loaded with naval stores and are now loading with contraband goods.

HENRY WILSON.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., September 3, 1861.

Brig. Gen. BENJAMIN HUGER, Commanding Forces, Norfolk:

I have just received your communication of this date with “twenty-five persons just arrived from Richmond, who were captured on unarmed vessels and are not considered prisoners.” By the return flag {p.55} I send to your care the Right Reverend Catholic Bishop Verot, of Georgia, accompanied by his priest and deacon and three young persons, also Miss Jones, of Virginia.

I am, with the most respectful consideration, your obedient servant,

JOHN E. WOOL, Major-General, Commanding.

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WAR DEPARTMENT, Washington, September 5, 1861.

GEORGE A. COFFEY, U. S. Attorney, Philadelphia, Pa.

SIR: You are hereby authorized to cause the seizure of the Register, at Norristown, and the Carbon Democrat, at Mauch Chunk, if in your opinion there is sufficient ground for proceeding against them under the act of Congress approved 6th of August, 1861.

Very respectfully, your obedient servant,

SIMON CAMERON, Secretary of War.

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DEPARTMENT OF STATE, Washington, September 6, 1861.

WILLIAM DUNN, Esq., Mechanicsville, Saratoga County, N. Y.

SIR: You are appointed a confidential agent of this Department at Rouse’s Point. Your compensation will be at the rate of $50 a month. Your duty will be to examine the passengers who pass the point either way, and if you should have good reason to suspect any of them to be in the service of the insurrectionary States you will cause them to be arrested and promptly sent to Fort Lafayette, N. Y., informing this Department by telegraph in order that Colonel Burke may be requested to receive them.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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PROCLAMATION.

PADUCAH, September 6, 1861.

To THE CITIZENS OF PADUCAH:

I have come among you not as an enemy, but as your friend and fellow-citizen; not to injure or annoy you, but to respect the rights and to defend and enforce the rights of all loyal citizens. An enemy in rebellion against our common Government has taken possession of and planted its guns upon the soil of Kentucky and fired upon our flag. Hickman and Columbus are in his hands. He is moving upon your city. I am here to defend you against this enemy and to assert and maintain the authority and sovereignty of your Government and mine. I have nothing to do with opinions. I shall deal only with armed rebellion and its aiders and abettors. You can pursue your usual avocations without fear or hindrance. The strong arm of the Government is here to protect its friends and to punish only its enemies. Whenever it is manifest that you are able to defend yourselves, to maintain the authority of your Government, and protect the rights of all its loyal citizens, I shall withdraw the forces under my command from your city.

U. S. GRANT, Brigadier-General, U. S. Army, Commanding.

{p.56}

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ORDERS, No. 82.}

HEADQUARTERS U. S. TROOPS, Key West, Fla., September 6, 1861.

1. Within ten days from this date all male citizens of the island of Key West who have taken the oath of allegiance will send their names to these headquarters to be registered.

2. Within thirty days from this date all the citizens of this island are required to take the oath of allegiance to the United States.

3. At the termination of sixty days all citizens of this island who have failed and refused to take the oath of allegiance to the United States will be removed from Key West. This will also apply to their families and the families of those who have left the island to join the Confederate States.

WM. H. FRENCH, Brevet Major, U. S. Army, Commanding.

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DEER CREEK, PICKAWAY COUNTY, OHIO, September 7, 1861.

Hon. SIMON CAMERON.

DEAR SIR: Inclosed you will please find clipping from Circleville Watchman, an incendiary sheet published at Circleville, Pickaway County, Ohio. Such should not be tolerated in our midst, and know of no other lawful means to stop such sheets from circulating among us than by the War Department at Washington, D. C.

I remain, your obedient servant,

SAMUEL HILL, Postmaster, Deer Creek, Pickaway County, Ohio.

[Inclosure-Editorial extract* from Circleville Watchman.]

The nameless boobies who write editorials for the Cincinnati Commercial are very profuse in the use of the word “tory.” All who do not shout hosannas to Abe Lincoln and indorse his unconstitutional and unholy war upon the people of the South are denounced as tories. These contemptible jobbernowls who blather about tories do not know the definition of the word. Mr. Webster says it is an Irish word “the name given to an adherent to the ancient constitution of England and to the ecclesiastical hierarchy.” In England the Tories formed a party in favor of a strong government of more arbitrary principles than were advocated by the party called Whig. In America during the revolution those who favored the claims of Great Britain and justified the Government in all its usurpations under the pretense of enforcing the laws, just as the abolitionists are doing now, were called tories. Those who refused to, sustain a government which was administered by tyrants for the oppression of the people were called rebels. The word “tory” cannot be found in the Constitution or any of the statutes of the United States, and when applied to the men who oppose this damnable abolition war and the unconstitutional and outrageous acts of a would be military despotism which have destroyed this Union it has just as much meaning and sense as we generally find in the fanatical cant of such blockheads and filthy blackguards as preside over the columns of the Cincinnati Commercial and other treasonable abolition sheets.

* There were other extracts inclosed, only one of which is printed as a fair sample of the tone of the whole.-COMPILER.

{p.57}

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NEW YORK, September 9, 1861.

[HON. WILLIAM H. SEWARD, Secretary of State.]

MY DEAR GOVERNOR: I received in due course your letter of the 3d instant together with a copy of the document from the superintendent of police in regard to Rev. Mr. Hallinan.

This is an unfortunate, fallen and degraded priest; an outcast in fact unrecognized by any authority of the Catholic Church. He fell into bad company, and bad as he is I think the man Fabre is still worse. Mr. Kennedy and his next adviser, Inspector Leonard, had been with me not more than half an hour before your communication was received.

The antecedents of Hallinan were proved to have been disreputable, but not at all in any connection with the complaint of Fabre. I told Mr. Kennedy that I thought he should be sent to the penitentiary for ninety-seven years and four months, but he said that you had signified to him that Hallinan might be discharged.

You suggest at the end of your letter that this man merits admonition from his clerical superiors. Alas, he has no clerical superiors in the Catholic Church. He is an outcast, and when he offends against the laws of the country, especially in this city, Mr. Kennedy is or ought to be his superior.

I remain, as ever, your obedient servant,

JOHN, Archbishop of New York.

P. S.-Doctor Fitzgerald, captain of Company F, of Salem, should in my opinion be inquired into as the friend of Hallinan.

J[OHN], Archbishop.

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OFFICE OF THE BRECKINRIDGE COAL AND OIL COMPANY, Cloverport, Ky., September 9, 1861.

Hon. SIMON CAMERON, Secretary of War.

DEAR SIR: I have learned that a man was in this place yesterday, a member of a large mercantile firm in Louisville. His object here was to try and arrange with the merchants here to receive goods from their firm and forward them on to Tennessee by teams, they to receive a portion of the profits, the firm in Louisville to ship the goods to the merchants here as having been sold them for their trade here. This man said he had already sent on to the Southern Confederacy, smuggled, as he termed it, by shipping the goods down the river in the way here proposed, over $200,000 worth, and when it was suggested that the pay in Southern scrip was not good, he replied that they were so anxious to get the goods that they would pay in specie (gold and silver), and that he had had no other pay offered him. He also said the steamer John Gault that passed here the day before had on $30,000 worth of goods to be landed at Owensborough, and to be sent from there to merchants in Russellville, goods that their firm had shipped to merchants there ostensibly for their trade. I did not learn the name of the said Louisville firm, as it was communicated to me in such a way that I did not like to he inquisitive, but I can find out the name of the firm if desired. There is no question but that there is a large quantity of goods, provisions, &c., finding their way to the Confederate Army by being shipped down the Ohio from Louisville and Cincinnati. The {p.58} company that has been enlisting here and in this vicinity for the Confederate Army (about 100) expect to leave here next Tuesday. Let my communication be confidential so far as exposing my name.

Respectfully,

GEO. CURTISS, Utica, N. Y.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., September 9, 1861.

Capt. A. A. GIBSON, Commanding Fort Delaware.

CAPTAIN: Please read and return the inclosed papers.* Put a stop at once to the visits of pleasure parties to the fort. The utmost caution should be practiced in regard to visits to prisoners. We have lost one of our most important ones within a few days and have no doubt his escape was facilitated by communications between him and his friends admitted to his room.

I am, very respectfully, yours,

JOHN A. DIX, Major-General, Commanding.

* Not found.

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DEPARTMENT OF STATE, Washington, September 10, 1861.

Hon. MONTGOMERY BLAIR, Postmaster-General.

SIR: I am apprised by J. A. Kennedy, the superintendent of police at New York, that letters for the South are sent both by post and by express under cover to William A. Richardson, Louisville, Ky. Mr. Kennedy’s suggestion that it may be advisable to have all such sent here for examination which may be received in New York or Louisville is submitted to your consideration.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, September 10, 1861.

Col. R. C. HAWKINS, Comdg. Ninth New York Vols. and Hatteras Inlet, N. C.

SIR: ... It is reported to me that some of the troops who landed at the inlet committed depredations on the inhabitants. You can assure the inhabitants that I will not only punish the offenders but will see justice done them at least to the amount taken from them, which was yesterday ordered if it could be found to be restored to them.

I hope you will forewarn all who may be guilty of such infamous practices for the severest punishment awaits such conduct.

...

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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DEPARTMENT OF STATE, Washington, September 11, 1861.

Hon. W. PITT FESSENDEN, Port land, Me.

SIR: I send appointment and instructions in blank. You will please insert the name and inform me who is appointed. Passports for the {p.59} agent are sent to your care. I thank you for the explanation in the case of Elliot,* &c. It seemed unintelligible, and I confess I was surprised at being asked for instructions in a case where every part of the affair was with the local authorities. It is enough to have to deal with judicial persons here in the debatable ground. I don’t want to be drawn into disputes with them in the loyal States. I will confide in the marshal.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* See case of Elliot, p. 688.

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POST-OFFICE DEPARTMENT, FINANCE OFFICE, September 11, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I have the honor to transmit herewith for your inspection a copy of a letter received at the Dead-Letter Office which was written by Arnold Harris* at Richmond, Va., August 20, 1861, and addressed to Dr. Thomas Miller, of this city.

I am, respectfully, your obedient servant,

A. N. ZEVELY, Third Assistant Postmaster-General.

* For case of Arnold Harris, see Confederate political arrests, p. 1515.

[Inclosure.]

RICHMOND, August 20, 1861.

Dr. THOMAS MILLER.

DEAR DOCTOR: I wrote you last week hoping it might reach you, but perhaps did not, and I having another chance will write another short one. We are still in jail and our case still undecided though looking a little better, but as long as the North continue to act as they do and talk as Thurlow Weed talks there is very little chance for prisoners here being released or put on parole. My health is not good. Doctor Garnett attends to me and perhaps may get me removed to more comfortable quarters.

I wrote you to see Mrs. Lewis and have my trunk packed and try to send it to me here by Adams Express. If it has not gone yet and the company cannot send it to me here let them send it to Captain Buford, Versailles, Ky., where my family are and where they will probably remain until times are more settled. At all events we do not expect to be in Washington until the war is over, which strange as you may think it will not be long. The Federals will be cleaned out of Missouri and Virginia in less than two weeks and the turn of Maryland comes next and will not be far behind. The South is in earnest and will conquer or die. They will conquer to a certainty. I wish when you see Mrs. Lewis you would say to her that if she sees that young sailor boy, my nephew, to tell him to resign his present place and if he can to come to me. I am going into business if my health will allow and can provide him a good place. Moreover I don’t like the place or business he is in. I inclose you a check for $100, payable to your order. Please pay my bill at Kirkwood’s and Mrs. Lewis’ and also some to Kidwell and credit me with the balance. You may have had to pay in advance for my trunk.

If possible let me hear from you. Direct care of Bev. Tucker. Kind regards to all friends, particularly to the Kirkwoods, Mrs. Lewis and {p.60} her two children. Tell them if they could only come and talk to me I would not be so lonesome; however, Mr. Magraw talks pretty well and we are quite comfortable.

Adams & Co. can forward letters. I heard yesterday from my family, the first since I have been here. They were all well or tolerably so. I wish Old Abe could hear some of his poor prisoners talk. I think the reason he don’t ask for an exchange is that he is afraid to let them come back after the treatment they have received from the United States Government. Poor fellows duped into a war they did not understand and left to pine away in prison. The day of retribution must come before long. If the Robespierre policy of Thurlow Weed is to prevail there are about 2,000 in this city, poor, innocent victims will stretch hemp instantly.

Yours, very truly,

ARNOLD HARRIS.

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OFFICE OF THE U. S. MARSHAL, New Haven, Conn., September 11, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: In obedience to your order* I have stopped the sale, keeping for sale or circulation of that damnable secession sheet the New York Daily News in the State of Connecticut.

The order has been well obeyed with one exception. There is on the Naugatuck Railroad a newspaper traveling agent by the name of George A. Hubbell,** a noisy secessionist, in a spot where he is doing great mischief by his treasonable talk, and also by his disobedience of this wholesome order of our Government which has given so much satisfaction to our truly loyal men all over the State. He has violated the order and I have written evidence from respectable citizens that he has made his brags of it, and says he will repeat it in spite of me. I have no power or authority to arrest him by any law known to me, and still I have sent him word that I will do so if he persisted in his course. Now all I want is an order from yourself or Mr. Seward to arrest and take him to some of the forts in New York. Such an order would be put in force instanter, and would in my opinion do more good than any order that has yet been issued from the Government to be executed in this State, unless it was for the arrest of Ellis B. Schnabel*** of your State, which I am most happy to add pleased everybody.

Will you please favor me with a telegraphic reply as soon as possible and grant this most proper request, and oblige many loyal citizens of Connecticut as well as your obedient servant,

DAVID H. CARR, U. S. Marshal.

* Not found.

** See memoranda of Hubbell’s arrest, p. 802.

*** See case of Schnabel, peat.

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FORT CLARK, Hatteras Inlet, N. C., September 11, 1861.

Maj. Gen. JOHN B. WOOL, Commanding Department of Virginia, Fort Monroe, Va.

SIR: I have the honor to report the reception of your favor of the 10th, the contents of which have been carefully noted; also the orders forwarded by Captain Taylor. For my answer, in part, I would refer {p.61} you to my inclosed report of the 7th which should have been transmitted by the steamer George Peabody.

I take great pleasure in announcing to you the continued strengthening of my belief in the loyalty of the citizens of this State who inhabit the counties bordering on the Pamlico Sound. The sincerity of the people who live upon the strip of land running from Hatteras Inlet to Oregon Inlet is not to be doubted; they have all taken the oath of allegiance, which you will perceive is a strong one, and have shown every disposition to assist me in every manner possible, such as furnishing me with supplies, giving information of the movements of the enemy, &c. I have sent three of the most intelligent of their number to the other side of the sound for the purpose of informing the inhabitants of the real intentions of the Federal Army and ascertaining what the real feeling is among the people.

My belief is that troops could be raised here for the purpose of suppressing rebellion in North Carolina upon the assurance that they would not be called on to go out of the State. I have been unable to secure any considerable amount of property plundered from the inhabitants. That which I have been able to get hold of has been returned. I presume that $5,000 will pay for all the property taken, and I would suggest that the Government make provision for paying it as soon as possible.

The people upon this strip of land have been peculiarly situated. Since the secession of this State their means of subsistence have been completely taken away from them, and now they are mostly without food or clothing, and in the winter, unless something can be done before, there will be great suffering among them. Cannot the Government send them flour, meat, cloth for clothing and some shoes? Each dollar spent in such acts of charity would bring scores of friends over the whole South.

...

I am, most faithfully, your obedient servant,

RUSH C. HAWKINS, Colonel Ninth Regiment N. Y. Volunteers, Commanding Post.

[Inclosure.]

FORT CLARK, Hatteras Inlet, N. C., September 7, 1861.

Maj. Gen. JOHN B. WOOL, Commanding Department of Virginia, Fort Monroe, Va.

SIR: ... During the afternoon of the 30th a delegation on behalf of the citizens of this island waited upon me and placed in my hands a paper, a copy of which is herewith inclosed and marked A. In answer to this communication I requested that as many of the citizens as could should meet me the next day for the purpose of arranging terms by which they might be permitted to remain here. Agreeably to my request about thirty came to see me, and the terms contained in an oath, a copy of which is herewith inclosed and marked B, were agreed upon. On any part I have agreed verbally to give them all the necessary protection against the vigilance committees which infest all parts of the State and are organized for the purpose of suppressing Union sentiments and pressing men into the service of the Confederate Army and to afford them such other protection as may appear necessary. Two hundred and fifty have taken the oath and they are still coming in.

I am informed by some of these people that secret Union meetings have been held in several of the counties bordering on the Pamlico Sound, and that they would openly avow themselves true to the United {p.62} States Government if they were sure that they would be protected against the violence of the secessionists. It is also thought that a Union convention would be called at once, and that these counties would vote themselves back into the Union and take up arms to defend themselves if necessary.

In view of the foregoing facts I would suggest that a force of at least 1,000 men be scattered through one or two of the counties which are supposed to be Union in their sentiment; that the people call their convention and vote and that the U. S. forces at hand afford them such protection as may be necessary. Could this be done now I have no doubt that one-third of the State of North Carolina would be back in the Union within two weeks.

I am over-anxious that these suggestions should be acted upon at once and that I may be allowed to continue in the work which I have commenced. These people who look to me for protection I have already taken a very deep interest in; I sympathize with them in their misfortunes and would do anything for them in my power. I fear that if I am superseded the promises I have made will not be carried out and that the measures I have commenced will fall to the ground.

I regret to be compelled to state to you that the conduct of the men and some of the officers of the Twentieth Regiment New York Volunteers has been that of vandals. They have plundered and destroyed. The first night they were on shore they visited one of the encampments which had been abandoned by the enemy. I am informed that this party was under the charge of three or four commissioned officers; that they first commenced breaking open trunks left behind by the officers and men who had abandoned the camp. After they had broken all the trunks and boxes open and partly destroyed what they did not want or could not carry away, they then set fire to the buildings and everything except a few tents was consumed. After this they went to Fort Clark where they had a repetition of the above. By these two transactions the United States has lost a large amount of valuable property, consisting of arms, cooking utensils, medical stores, &c.

The next day they commenced breaking open private houses and stores, and I saw party after party come in, some of them headed by commissioned officers, loaded down with the results of their plundering. This conduct continued until I was compelled to adopt the most severe and stringent measures.

...

Most faithfully, your obedient servant,

RUSH C. HAWKINS, Colonel Ninth Regiment N. Y. Volunteers, Comdg. Fort Clark.

[Sub-inclosure A.]

COMMANDER OF FEDERAL FORCES AT HATTERAS INLET.

DEAR SIR: We, the citizens of Cape Hatteras, do ask of your honor that you will allow us to return to our homes and property and protect us in the same as natural citizens, as we have never taken up arms against your Government nor has it been our wish to do so. We did not help by our votes to get North Carolina out of the Union. Believing that your clemency will not allow you to treat us as rebels, who have always been loyal citizens, we do earnestly request for the sake of our women and children that you will comply with our wishes, as we seek protection from your honor.

Yours, very respectfully,

CITIZENS OF HATTERAS.

P. S.-Please let us know by the bearer what we can depend upon.

{p.63}

[Sub-inclosure B.]

STATE OF NORTH CAROLINA, Hyde County:

We, the undersigned, do solemnly swear that we will true allegiance bear to the United States of North America; that we will not take up arms against said Government or hold any communication with its enemies or aid or comfort its enemies in any way whatever, and that we will give to the commandant of Fort Clark any information we may obtain or receive of the approach of the enemy; and in case we are called upon we will assist the commandant of said fort in his defense thereof against any and all the enemies of the said United States of North America, and we will always under any and all circumstances support the Constitution of the said United States.

[Sub-inclosure C.]

FORT CLARK, N. C., September 2, 1861.

Col. MAX WEBER.

DEAR COLONEL: I learn with great regret that your men and others under your command still continue to commit depredations against the property of the inhabitants of this island. It seems that they pass from the fort over which you have command to the land above by boats. This must and shall stop. These people are worthy, loyal citizens and have taken the oath to support the Constitution of the United States, and they ought to and shall be protected in their rights of property and person, and I shall in future use all the power under may control to see that they are protected. This passage by boats must cease from this date, and if it cannot be prevented by any other means I shall use my artillery against all the boats I may see pass. I have promised these people protection and intend to keep my promise good.

Yours, very truly,

RUSH C. HAWKINS, Colonel, Commanding.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., September 11, 1861.

Capt. JAMES GRIMSLEY, Twenty-first Indiana Volunteers, Baltimore, In charge of detachment and prisoners:

You will proceed from Fort McHenry, Baltimore, to New York Harbor in charge of certain political or State prisoners as follows: George P. Kane, late marshal of police of Baltimore; Robert Drane, Fairfax County, Va.; Arthur Dawson, Loudoun County, Va.; Benjamin Egglestone, Washington, D. C.; Jonah Orrison, Loudoun County, Va.; James G. Davidson, Loudoun County, Va.; Mahlon Myers, Loudoun County, Va.; James W. Daniel, Loudoun County, Va.; John Pegram, Baltimore; Dennis Kelly, Baltimore; Thomas Shields, Baltimore William McKewen, Baltimore; Benjamin F. McCawley, Baltimore; George Thompson, Baltimore; John Wilkins, Baltimore; A. Williamson, Baltimore; Patrick Crohan, Baltimore; James Campbell, Baltimore; David H. Lucchesi, Baltimore; Alexander Conner, Baltimore; Frederick Tollenback, Baltimore; Patrick Conway, Baltimore; George A. Appleton, Baltimore; David Summers, Baltimore; Michael J. Grady, Baltimore; Jehu L. Bouldin, Baltimore; George Summers, Baltimore; Samuel Davidson, Baltimore; George Gosswell, Baltimore; Philip Cassidy, Baltimore. (The above named are all citizens.)

{p.64}

You will safely keep them on the route and will deliver the first four named to the commanding officer at Fort Lafayette, New York Harbor, and the remainder (twenty-six) to the commanding officer at Fort Columbus, New York Harbor. Receipts for the prisoners delivered at each fort will be taken by you from the commanding officer thereof. This duty performed you will return to your regiment with your command without delay.

By order of Major-General Dix:

D. T. VAN BUREN, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, September 12, 1861.

E. L. O. ADAMS, Esq., Portland, Me.

SIR: You are appointed a confidential agent of this Department at Portland. The chief object of the appointment is to prevent persons in the service of the insurgents or other disloyal persons from proceeding abroad or returning thence by the way of Portland. If any such should within your own knowledge be found there or should this Department by letter or by telegram apprise you of their being there you will cause them to be arrested and forthwith sent to Fort Lafayette, N. Y. Passports are herewith sent to you, which all persons are required to be provided with who embark in the steamers for Europe. As loyal persons may reach Portland for that purpose without a knowledge of the requirement you are herewith furnished with passports in blank with which you may provide them pursuant to the following regulations. In addition to the instructions contained in the two circulars herewith* your attention is called to following points:

Passports can only be issued to citizens of the United States, the proper evidence necessary to obtain which will be found described in Circular No. 1. The mere declaration of intention to become a citizen is not evidence of citizenship, and therefore the preliminary papers issued by the courts which are frequently produced as such evidence will not entitle persons to passports. In the case of persons applying for passports who are natives of or have lived any time in either of the States at present in insurrection against the Government you will be very particular in your inquiries as to their loyalty and insist upon their taking the oath of allegiance which is required in all cases. You will be required to keep an index of the passports issued by you containing the number, date and name of the party to whom issued, and you will also keep the letters and other documents accompanying all applications, numbering and dating them to correspond with the index, and in cases where the applicant may be a naturalized citizen it will be necessary to note on the application the place where and the court in which his certificate of naturalization may have been obtained together with the date of the same. These documents are to be preserved for future reference. You will be pleased to transmit to the department monthly returns of the passports issued, embracing number, name and date. Circular No. 2 will furnish you with full information in regard to the recent regulations on the subject of passports and a careful observance of both circulars will be expected. Your compensation will be at the rate of $60 per month. Ten blank passports are sent herewith and you will be supplied hereafter as you desire.

I am, your obedient servant,

WILLIAM H. SEWARD.

* Omitted.

{p.65}

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WASHINGTON, D. C., September 12, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: Immediately after the arrest of my brother, on consultation with some of his friends I employed a man named Benjamin Egglestone, of this city, to carry a letter to Richmond. I selected this man because I had known him for many years, and because he was acquainted with many persons in Richmond who had gone from Baltimore, and because of his sympathy with the South, and was active and shrewd. I took care as far as possible that my commission should be the sole purpose of his trip. I furnished him with money to pay expenses and gave him a letter to my brother from his wife. He left here in the stage, crossed the Potomac and made his way to Richmond partly on foot. The Star of the same date published his departure with the remark that he was a noted secessionist. After visiting Richmond and delivering the letter with verbal messages from myself he returned to Baltimore, making forty miles of the journey on foot. His friends here and in Baltimore, knowing of the publication in the Star and fearful of his arrest if he returned here, advised him to remain in Baltimore. While I was about to apply to you for a pass to enable him to return to his family here he was arrested and has been confined in Fort McHenry for the last ten days. That he has been guilty of any disloyal act or any indiscretion in Baltimore since his return there I am not aware, but believe that his arrest was solely on account of his visit to Richmond. Under these circumstances I would most respectfully ask you to inclose to me an order to the commander at Fort McHenry to release the said Benjamin Egglestone, with a pass to return to his family in this city.

I have the honor to he, your obedient servant,

SAML. M. MAGRAW.

[Indorsement.]

SEPTEMBER 12, 1861.

Please let this man be released.

SIMON CAMERON, Secretary of War.

–––

OFFICE OF H. B. CROSBY, WHOLESALE GROCER, Paterson, N. J., September 12, 1861.

[From to-day’s paper.]

The following are the names of the most prominent secession members of Congress, some of whom are now roaming about the country “giving aid and comfort to the enemy” in various ways:

Hon. Benjamin Wood, of New York, editor of a secession newspaper.

Hon. H. C. Burnett, of Kentucky, making secession stump speeches.

Hon. John B. Clark, of Missouri, expelled from the House of Representatives, now in the rebel army.

Hon. C. L. Vallandigham, of Ohio, delivering secession stump speeches and writing secession letters.

Hon. John W. Reid, of Missouri, raising a regiment to join the rebel forces.

Hon. John C. Breckinridge, of Kentucky, getting up disunion barbecues, and trying to strengthen the backbone of secessionists.

Hon. Henry May, of Maryland, doing his best to keep out of Fort Lafayette, where a number of his “fellow-citizens” are now taking an airing.

Hon. Jesse D. Bright, of Indiana, missing since the discovery and publication of a letter to Jeff. Davis.

Hon. James A. Bayard of Delaware, Hon. Trusten Polk, of Missouri, and a half dozen members of the House of Representatives, are now remaining comparatively quiet in view of the necessity which the Government has recently adopted of encouraging emigration to a certain fort in New York Harbor.

{p.66}

HONORED SIR: Let me beg of you to have these men arrested; it will do everything for us in stopping secession at the North.

Very truly, yours,

H. B. CROSBY.

–––

WAR DEPARTMENT, Washington, September 13, 1861.

DAVID H. CARR, U. S. Marshal, New Haven, Conn.:

Arrest the man referred to in your letter of 11th, and send him to Fort Lafayette.

SIMON CAMERON, Secretary of War.

–––

U. S. SLOOP OF WAR JAMESTOWN, New York Harbor, September 13, 1861.

Lieut. Col. MARTIN BURKE, U. S. Army, Commanding Fort Lafayette, New York Harbor.

SIR: I have been directed by Flag Officer Silas H. Stringham, commanding Atlantic Blockading Squadron, to leave at Fort Lafayette under your command the following-named men as prisoners, viz: From the schooner Colonel Long-E. C. Myatt, master; Frederick Mortimer, William Perry, Charles W. Fannigan, William Smith, Thomas Kelly, Charles Williams, Peter Reilly.

From the U. S. steam frigate Minnesota-John F. Newton, William St. George.

Requesting that you will be pleased to furnish me with a receipt for the above-named persons, I am, very respectfully, your obedient servant,

CHARLES GREEN, Commander, U. S. Navy.

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DEPARTMENT OF STATE, Washington, September 14, 1861.

FLAMEN BALL, Esq., U. S. Attorney for the Southern District of Ohio, Cincinnati.

DEAR SIR: ... Our wish is to make as few arrests as possible compatible with the safety of the Government, and never if they can be avoided for merely words spoken. I am well aware of the difficulties to which you refer, and approve of your suggestion for the prompt delivery to the military authorities of any person whom it may be deemed advisable to arrest. ...

I am, dear sir, very truly, yours,

WILLIAM H. SEWARD.

–––

U. S. MARSHAL’S OFFICE, SOUTHERN DIST. OF NEW YORK New York, September 14, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: Inclosed you will please find copies* of the Tompkins County Democrat, published by Samuel C. Clisbe, at Ithaca, N. Y. What shall be done with the editor? I also inclose three affidavits* concerning {p.67} persons entertaining secession sentiments. The parties making the same are known to me as being persons of character and position.

Yours, respectfully,

ROBERT MURRAY, U. S. Marshal.

* Not found.

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OFFICE OF THE SUPT. OF THE METROPOLITAN POLICE, New York, September 15, 1861.

Hon. WILLIAM M. SEWARD, Secretary of State.

SIR: Charles W. Adams, of the firm of Adams, Jordan & Co. Galveston Tex., and also of a firm in Boston, arrived per Africa on Thursday night last from Liverpool (where he had been to dispose of a cargo of cotton carried over on the ship Aaron L. Reid, of New York, from his house in Galveston) under British colors. I understand the value of the cargo is at least $200,000, and the presumption is that he has brought the avails with him in some shape. With the knowledge of these facts I sent one of my men to Boston last night, Adams having gone thither immediately after arrival here, to notify the U. S. marshal.

Since his departure I have learned further that there is no doubt of his complicity in the treason of Texas. He was at Galveston attending to the loading the above ship when the three steamers, Gen. Rusk, Matagorda and Orizaba, were seized by the rebels there. The two latter steamers were released under an engagement with the owner of the three (Charles Morgan) that they should run between Galveston and New Orleans. The Orizaba left with freight and passengers; among them was this Charles W. Adams. After getting to sea the captain found his private instructions from Mr. Morgan were to run the steamer to New York instead of New Orleans. He consulted his mate and one or two passengers, who approved of a plan to land the passengers at Key West and proceed to New York with such as preferred to stay by the ship. But his plan was thwarted through the connivance of the mate and the overpowering force of the passengers headed by Mr. Adams. The steamer was therefore through his effort run into Berwick Bay; she was afterward taken possession of by the rebels and is still held by them. These facts are furnished me by a refugee from Texas who was on board the Orizaba at the time and who favored running to New York.

Very truly, yours,

JOHN A. KENNEDY, Superintendent.

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FORT LAFAYETTE, September 15, 1861.

Lieut. Col. M. BURKE, Commanding Forts Hamilton and Lafayette.

COLONEL: In obedience to the instructions received from you I beg leave to submit the following report in regard to the capacity of this post for the confinement of prisoners: I have at this time in my custody 80, who are arranged as follows: Room No. 1, 25, confined as privateers; room No. 2, 8 prisoners of war and state; room No. 3, 8 prisoners of war and state; room No. 4, 9 prisoners of war and state (1 more by desire of prisoners); room No. 5, 28 prisoners of war and state (this room is 25 by 60 and in the lower battery); guard house, 2 privateers; total, 80. In a day or two I will have another large room ready which will accommodate 50 prisoners. It will be 25 by 95 feet. In room No. {p.68} 1 the privateersmen, 25 in number, are confined, which is a much larger number than is compatible with comfort, but they being a class so different from the other prisoners I cannot associate them. I therefore respectfully beg leave to ask you to make application for their removal to some place more suitable for their confinement. I would also respectfully beg leave to ask you to make application for the removal of Capt. J. A. de Lagnel to Governor’s Island or some other place where space is not so limited, as he has not entirely recovered his strength and requires more exercise than he can possibly get here. There are four guns neutralized in the room where I have twenty-eight prisoners. They are in the lower battery and on the south side. I inclose a rough sketch* of the interior of the room which will give you an idea of its arrangement. When the other large room spoken of heretofore is used there will be six more guns neutralized in the west side lower battery.

I am, colonel, with respect, your obedient servant,

CHAS. O. WOOD, Second Lieutenant, Ninth Infantry, Commanding Post.

* Omitted.

–––

DEPARTMENT OF STATE, Washington, September 16, 1861.

ROBERT MURRAY, Esq., U. S. Marshal for the Southern District of New York.

SIR: Your letter of the 14th instant with the accompanying copies of the Tompkins County Democrat has been received. In reply I have to inform you that I have directed Mr. [Edward C.] Chase, the marshal of that district, to arrest and send Samuel C. Clisbe to Fort Lafayette.*

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* The order was subsequently countermanded.

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DEPARTMENT OF STATE, Washington, September 16, 1861.

Rt. Rev. HORATIO POTTER, No. 33 West Fourteenth Street, New York.

MY DEAR SIR: Your letter of the 24th instant has been received. In reply I have to inform you that no disloyal clergyman can be allowed to hold communication with any of the prisoners at Fort Lafayette. If, however, a clergyman of well-known loyalty should apply for leave to visit any particular prisoners for spiritual purposes only leave for that purpose will be granted.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

–––

NEW YORK, September 16, 1861.

WILLIAM H. SEWARD:

The steamer from Liverpool brings a large number of passengers residing in Southern States whose passports have not been viséed, or they have none. What must be done with them?

JOHN A. KENNEDY, Superintendent.

{p.69}

–––

DEPARTMENT OF STATE, Washington, September 16, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York:

Your telegram received. If any of the passengers may reasonably be suspected of any intention to impart information adverse to this Government or to commit hostilities against the United States they may be arrested and sent to Fort Lafayette, and their names furnished to this Department. Sufficient time has not yet elapsed for the regulation in regard to passports to be rigidly enforced.

WILLIAM H. SEWARD.

–––

FORT HAMILTON, New York Harbor, September 16, 1861.

Col. B. D. TOWNSEND, Asst. Adjt. Gen., Headquarters Army, Washington City.

SIR: I have felt it my duty to forward the inclosed letter written by Robert Mure, prisoner, to the headquarters of the Army before sending it as addressed.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

[Inclosure.]

FORT LAFAYETTE, September 13, 1861.

EDWARD M. ARCHIBALD, Esq., Her Britannic Majesty’s Consul, New York.

DEAR SIR: It is my misfortune to be a prisoner* here under circumstances most trying, which makes me feel keenly for others in a worse condition which induces me now to address you. There are in this garrison (in irons) some wrecked British sailors. One of them, an old man from Manchester, England, was picked up at sea on the coast of Florida after being seven days on a raft. He is one of the crew of the British bark Sir Walter Raleigh, Rae, master, wrecked there, and I believe reported upon. The other three are part of the crew of the British bark Prima Donna. It appears those seamen came together at one W. A. Johnston’s, at Miami, Fla., and remained there until the 30th ultimo when a small vessel reached that place, and said Johnston shipped them off in her as a means of getting clear of them as they had no funds. It turns out the small fishing vessel they took passage in from Miami proved to be bound to Charleston, S. C. Before the small craft reached there she was taken by the U. S. fleet on the coast and all on board have found their way here and are confined as pirates. I think if an investigation into their case was made you would find them not subject to the treatment they are now undergoing. I therefore on their behalf bring the matter before you to take such action in the premises as you may see proper. I do this merely as an act of humanity. I did myself the honor of addressing you on the 16th ultimo, which I presume did not reach you. I would gladly have said a word to you when you visited this post, but it was not my privilege.

I remain, dear sir, yours, very respectfully,

ROBT. MURE, Of Charleston, S. C.

P. S.-I used the word shipped. They were not shipped but only got a free passage. The crew of the craft are also here.

* For case of Mure, see poet.

{p.70}

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DEPARTMENT OF STATE, Washington, September 17, 1861.

Hon. MONTGOMERY BLAIR, Postmaster-General.

SIR: The accompanying copy* of the Louisville Courier having been brought to my attention I would suggest the expediency of prohibiting the circulation of that paper by post.

I have the honor to be, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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DEPARTMENT OF STATE, Washington, September 17, 1861.

Maj. Gen. JOHN A. DIX, Fort McHenry, Baltimore.

GENERAL: I inclose copies of two letters* from the Treasury Department, one addressed to the collector and the other to W. H. D. C. Wright, of Baltimore, from which it has been inferred to be the intention of Mr. R. K. Meade, late minister of the United States to Brazil, to leave at that port on his return. Should he do so you will cause him to be arrested and sent to Fort Lafayette, N. Y.

I am, general, your obedient servant,

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, September 17, 1861.

JOHN A. KENNEDY, Superintendent of Police, New York:

Your letter received. Arrest Charles W. Adams, secure his papers, and send him to Fort Lafayette.

WILLIAM H. SEWARD.

(Same to John S. Keyes, Boston, Mass.)

–––

GENERAL ORDERS, No. 79.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, September 17, 1861.

The commanding officer of the U. S. forces at Hatteras Inlet, N. C., is authorized to accept the services of such loyal North Carolinians, not to exceed one regiment, as in his neighborhood may volunteer to take up arms for the United States, and to designate a regular officer to muster them into service.

...

By order:

L. THOMAS, Adjutant-General.

–––

FORT LAFAYETTE, N. Y., September 17, 1861.

Hon. GIDEON WELLES Secretary of the Navy, Washington, D. C.

SIR: It is due to myself as well as family to request to be released from confinement as I feel and know I have done nothing to deserve it. If, however, the Department intends to retain me as a prisoner I would ask that I may be removed to Washington City, D. C., where my wife and children reside whom I have not seen for over twenty-six months.

I am, sir, respectfully,

ROBERT TANSILL, Late Captain, U. S. Marine Corps.

{p.71}

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DEPARTMENT OF STATE, Washington, September 18, 1861.

R. MINTURN, Jr., Esq., New York.

SIR: Your letter of the 14th instant requesting a passport for the Reverend Mr. Mercer and others to proceed to New Orleans has been received. You cannot doubt my disposition to comply with any reasonable request of yours, but a rule has for some time past been in force pursuant to which such requests are invariably refused. It must be allowed, however, that if any exceptions were allowable the case of the Reverend Mr. Mercer would afford strong grounds therefor.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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CUSTOM-HOUSE, COLLECTOR’S OFFICE, New York, September 18, 1861.

Hon. S. P. CHASE.

SIR: Mansfield Lovell, a native of Washington, D. C., aged about forty, formerly a captain U. S. artillery, resigned and joined General Quitman in his filibustering expedition against Cuba, was acting street commissioner of this city until Friday last (13th instant); recently left this city and has gone probably by way of Canada to the rebels. He is an accomplished military man and would be of great service to the rebels. Mr. Gustavus W. Smith, the street commissioner, who was of the U. S. Engineer Corps, left the Army at the same time and for the same purpose as Lovell; is a first cousin of John C. Breckinridge and a warm friend and co-operator of his; left the city some months ago on account of his health and is still absent. Both Smith and Lovell are strong sympathizers with the rebels, and it is presumed are aiding them in all practicable ways.

I get the above from Colonel Craven, the chief engineer and president of the Croton Aqueduct Board, who thinks that Breckinridge ought to be arrested at once. He, Colonel C., was last fall a Breckinridge man, but was then, is now and always was and always will be an uncompromising Union man and friend to the Government. He is a Southern man by birth, and has relatives in the rebel army. He has also two brothers in the U. S. Navy, one in command of the flotilla in the Potomac, and the other commands the Crusader. Colonel C.’s opinions are entitled to great respect on account of his character and his knowledge of certain men.

By the way he informs me that Mark Mount, the keeper of Conover Beacon in Raritan Bay has received intimation of a removal. If there are no objections to his official conduct there are political and prudential reasons for his retention.

I am, truly, yours,

HIRAM BARNEY.

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HEADQUARTERS ARMY OF THE POTOMAC, Washington, September 18, 1861.

Maj. Gen. JOHN A. DIX, U. S. Army, Baltimore, Md.:

I am directed by Major-General McClellan ... to say that he wishes you to make any arrest that you may consider necessary even if you have not direct authority from the Government. The general {p.72} has entire confidence in your judgment and discretion and desires that you pursue such a course as you deem advisable for the public good.

I am very respectfully, &c.,

A. V. COLBURN, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, September 19, 1861.

Maj. Gen. JOHN A. DIX, Fort McHenry, Baltimore.

GENERAL: As Dennis Kimball, now in Fort Columbus, is presumed to be a British subject and a man of no special influence it will be well to direct his release.

I am, general, your obedient servant,

WILLIAM H. SEWARD.

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WASHINGTON, September 19, 1861.

Hon. W. H. SEWARD, Secretary of State.

HONORED SIR: I was in Alexandria last Saturday, and while there I learned that there was a secret organization of secessionists in that town-for what purpose we have only to imagine. I could not ascertain anything more about it but that it had its meetings under name of Red Rose Club. The above information I obtained from a friend who stands as I do; his property as well as mine (according to act of Virginia) stands confiscated, and could it be possible for our enemy to succeed we are ruined.

I also found out something about the manner that information is constantly going out from us to the Confederates and some of the persons concerned in it, besides several other things I thought important, and upon my return home to Washington I went in search of a person I knew to be a detective, related the above and told him I desired to manage this thing myself, believing I could bring it all to light better than a stranger could possibly, as I had lived among those people for many years; but as I was deprived of my property now I was not able to bear the expenses and pay a quarter dollar each way in the boats (small as it may appear). I have a large family of eight children. This gentleman carried me to a Mr. Allen, who said he could not authorize me to go into it as he had no money, but referred me and advised me to go to Mr. Scott, Assistant Secretary. I accordingly did go, but Mr. Scott told me the whole matter was in your hands. I have been at your office two days in succession, and not being able to sea you I concluded to lay it before you in this way and if you consider it worth your attention I will obey a message from you at any moment. I reside on Fourth street east between F and G south.

There is yet another matter which ought in my opinion to come to the knowledge of your honor, that is concerning the vessel detained at Georgetown some week or so ago, destined for Alexandria. I felt every desire to come forward at the time I saw the publication of the seizure, but really on two occasions before when I gave information I thought it was so unwelcomely received that I became discouraged for a time.

Very respectfully, your obedient servant,

A. D. COLLINGSWORTH.

P. S.-Should any reference be required for myself see letter from Mr. Wallach, now at provost-marshal’s office (which I had to obtain {p.78} before I could get a pass), and also letter from Senator Carlile with my other papers, now in the office of Commissioner of Public Buildings.

A. D. C.

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DEPARTMENT OF STATE, Washington, September 20, 1861.

JOHN C. MILLER, Chicago, Ill.:

Be on the lookout for Mansfield Lovell, formerly of the U. S. Army, aged about forty. If found, arrest and send him to Fort Lafayette, N.Y.

WILLIAM H. SEWARD.

(Same to William H. Barse, Detroit, Mich., and Hollis White, Niagara Falls, N. Y.)

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HARLEM N. Y., September 21, 1861.

Hon. ABRAHAM LINCOLN, President of the United States of America.

DEAR SIR: Yesterday, September 20, at 10 a.m., my brother, by occupation a news agent on the Naugatuck Railroad cars, was arrested by U. S. Marshal [David H.] Carr, of New Haven, at the Bridgeport Railway station, and is now incarcerated in Fort Lafayette. The ostensible cause of this arrest was the charge of having sold copies of the New York Daily News, and if I am rightly informed using disrespectful language toward the Government.

The prisoner is a brother of mine, but this shall not prevent me from stating the facts of the case, though a thousand brothers were at stake. Briefly then he is a young man twenty-five years of age; has been a cripple from his youth with a spinal deformity, and is the sole help of his poor mother who is in the deepest sorrow. At intervals he has sold copies of the News aforesaid mainly at the instigation of William D. Bishop, esq., a Congressman, who is president of the railway over which he runs, not wishing to incur his displeasure, fearing the road might be let out to another party. Furthermore when arrested the publication of the Daily News had been stopped for six days. As to the language imputed to him it was said in the heat of passion to people who advised him to stop selling the News, because he regarded it as none of their business. He is a strong Union man, and has said he would spend his last cent to put this wicked rebellion down. About four months ago he said to me: “I did not vote for this administration, but if Lincoln runs in 1864 he will get my vote.” He used imprudent language-language that in calmer moments he would not indorse, but yet used under the provocation already named, where people as he thought impertinently interfered with his business.

I am myself a member of the Twelfth Ward Republican Association; also a local preacher in the Methodist Episcopal Church. Did time admit I would make my affidavit to the above before a magistrate. I supported you among other reasons for the soubriquet you bore of “honest Old Abe,” and cannot doubt that in the present instance you will interpose for the protection of a somewhat imprudent but yet warmhearted boy. Would it be asking too much to request you to apprise me of your decision at your earliest convenience? My brother’s name is George A. Hubbell.

I remain, faithfully, yours,

NATHAN HUBBELL.

{p.74}

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DEPARTMENT OF STATE, Washington, September 21, 1861.

Many intelligent and patriotic citizens have applied to me by memorial asking the attention of the Government to what they represent as treasonable matter contained in a letter bearing the date of Washington, August 10, published in the London Times, and they express their conviction that the statements made in that communication are untrue, and that it is the design of the writer to bring the credit and fame of this Government into disrepute in foreign countries. It has been the habit of the Government of the United States to take no notice of representations however obnoxious made by the press of foreign nations, or even of injurious utterances made by ministers or other agents of foreign powers in the ordinary transaction of their own affairs. The Government on the contrary has hitherto recognized as worthy of its observation only the language and the action of the executive organs of foreign states.

For myself I confess I have not read the publication complained of, and I am quite sure it has not arrested the attention of any other member of the administration, engrossed as we all necessarily are with urgent public duties and cares. However erroneous the facts or the inferences of the writer may be they nevertheless stand on his own individual authority, while the whole patriotic press of our country is free and is interested to refute them. The Government of the United States depends not upon the favor or good will of foreign writers or papers or even of foreign nations, but upon the just support of the American people. Its credit and its fame seem to me now more than ever heretofore safe in their keeping.

If it be assumed that the obnoxious paper may do harm here is it not a sufficient reply that probably not fifty copies of the London Times ever find their way to our shores? If it be said again that the obnoxious communication has been widely published in the United States it seems to me a sufficient rejoinder that the censure of a magnanimous Government in that case ought to fall on those of its own citizens who have reproduced the libel rather than on the foreigner who wrote it exclusively for remote publication.

Finally, interference with the press even in the case of an existing insurrection can be justified only on the ground of public danger. I do not see any such danger in the present case. Even if one foreigner does pervert our hospitality to shelter himself in writing injurious publications against us for a foreign press a hundred other foreigners, as intelligent, as virtuous, as respectable as he is, are daily enrolling themselves in the Army of the United States to defend and maintain the Union as the chief hope of humanity in all countries and for all ages. Could there be a better illustration of that great fundamental truth of our system, that error of opinion may safely be tolerated when reason is left free to combat it?

WILLIAM H. SEWARD.

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PROCLAMATION.

LOUISVILLE, KY., Saturday, September 21, 1861.

KENTUCKIANS:

Called by the legislature of this my native State I hereby assume command of this department. I come to enforce not to make laws, and God willing to protect your property and your lives. The enemies of {p.75} the country have dared to invade our soil. Kentucky is in danger. She has vainly striven to keep peace with her neighbors. Our State is now invaded by those who professed to be her friends, but who now seek to conquer her. No true son of Kentucky can longer hesitate as to his duty to his State and country. The invaders must and God willing will be expelled.

The leader of the hostile forces who now approaches is, I regret to say, a Kentuckian, making war on Kentucky and Kentuckians. Let all past differences of opinion be overlooked. Every one who now rallies to-the support of our Union and our State is a friend. Rally then, my countrymen, around the flag our fathers loved and which has shielded us so long. I call you to arms for self-defense and for the protection of all that is dear to freemen. Let us trust in God and do our duty as did our fathers.

ROBERT ANDERSON, Brigadier-General, U. S. Army.

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SHARPS RIFLE MANUFACTURING COMPANY, Hartford, September 22, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to inform you that I have received information from my son, J. C. Palmer, jr., who was a passenger on the Africa on her last trip to Liverpool, that General Sinclair, Ex-Minister Williams (to Turkey) and four other secessionists, all of whom ran the blockade at Charleston and reached Halifax via Nassau, New Providence, were among the passengers on board the Africa. He states that their representations seemed to secure the sympathy and engage the attention of most of the passengers, who were foreigners, and that emboldened by the omen of listening ears and convinced hearers they openly avowed the object of their mission to be the purchase of ordnance and materials of war for the Confederate Army. I feel it a pleasure as well as a duty to give you the facts. If anything further of this nature comes to hand I will inform you.

Your obedient servant,

JOHN C. PALMER, President.

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DEPARTMENT OF STATE, Washington, September 23, 1861.

JOHN S. KEYES, Esq., U. S. Marshal, Boston, Mass.:

You can employ two detectives at $150 a month for two months. Consult with the governor and take effective measures to break up the business of making and sending shoes for the rebel army or other articles for like purposes.

WILLIAM H. SEWARD.

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OFFICE SUPERINTENDENT OF METROPOLITAN POLICE, New York, September 23, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I am confidentially informed that there is a lack of oversight kept on the prisoners confined at Fort Lafayette. Information has been received by the inmates there in advance of that received by the public {p.76} here by several days of the intended transfer of the U. S. prisoners from Richmond to Castle Pinckney. It is not certain as to the medium of such correspondence, but a change of custodian might work a remedy. I do not intend to be understood as alluding to Colonel Burke. I believe him to be as strict as it is possible for a man to be and exercise any of the kindness that a humane man is prompted to do. But the lieutenant in charge of the fort has his family with him, and women are famous for sympathizing with those they regard oppressed in any way, and it may be that the ladies of his family (not the officer himself) furnish such aid as to make communication free between the inmates and their friends. Without making any direct charge against any person I would suggest that an officer without family be substituted for Lieutenant Wood as custodian of the prisoners.

There has been a want of care manifested at the time of discharging prisoners. They are allowed to go out unsearched; and although their signature to their oath has not had time to dry they do not in any case hesitate to violate the spirit of it by bearing out communications from the inmates of any character that may be delivered to them. A copy of the inclosed letter* of Ellis B. Schnabel was thus taken out by young Harold whom I suggested should be discharged. The copy I send you was delivered to me by one who was requested to have it published in the New York Day Book and a Hartford paper of the same stripe. I received it with the understanding that I could use as it might appear best to me. Not knowing whether you had received from Schnabel the original I send the copy to you instead of to the press.

Very truly, yours,

JOHN A. KENNEDY, Superintendent.

* See case of Schnabel, post.

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NEW YORK, September 23, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, &c.

DEAR SIR: There is confined at Fort Lafayette Capt. Robert Tan sill, now or late of the U. S. Marine Corps and a native of Virginia. He married a daughter of Major Bender, formerly of the Army and now residing at Washington, and another daughter is the wife of Mr. Charles B. Fisk, an engineer, who is the uncle of Mrs. Stoughton. It was owing to this connection that I became acquainted with Captain Tansill when he was in New York several years since on duty. I was this morning informed by a person recently discharged from imprisonment at the fort that he had been requested by the captain to see me and ask me to call upon him there saying that I was the only one known to him in this city to whom he felt at liberty so to apply. I have not otherwise heard from him and do not know in what way I can be of the least service to him. He has I believe been absent from his family for more than two years past upon a cruise and may have reason to suppose an interview with me may be useful to him and I therefore feel bound to make an effort to see him, and with that view take this liberty of requesting from you permission to go to the fort for that purpose. I ought perhaps to write to the Secretary of War on the subject, but as I am no doubt quite unknown to him and as your knowledge of me is at least sufficient to impress you with the certainty that I am incapable of abusing the privilege I seek I address you.

{p.77}

With the assurance that I am exceedingly sorry to trouble you at this time and that my excuse for so doing is that I write from motives of humanity and in the discharge of a duty I owe to a person held in imprisonment, I remain with great respect, very truly, &c

B. W. STOUGHTON.

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DEPARTMENT OF STATE, Washington, September 24, 1861.

Right Hon. Lord LYONS, &c.

MY LORD: In reply to the inquiries in your reminder of the 23d instant* I have to inform your lordship that General Dix’s reply to my inquiries concerning Patrick Crohan and Dennis Kelly has not yet been received. I shall again call General Dix’s attention to the matter to-day. Meantime Consul Archibald will be permitted to visit Dennis Kelly.

As to the case of the person named Walsh also mentioned in your lordship’s memorandum I can only say that the fact that he was a British subject could not have been known to the military police who were engaged in suppressing the insurrectionary proceedings in which he was engaged, and that even if it had been I cannot regard his complaint as entitled to consideration when his associations with insurgents and their badges found on his person provoked the severities with which he was visited-severities no greater in his case than those with which the disloyal Americans with whom he had combined were treated and which neither in his nor in theirs were carried beyond the necessities of the occasion.

I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.

WILLIAM H. SEWARD.

* Not found.

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DEPARTMENT OF STATE, Washington, September 24, 1861.

Col. G. LOOMIS, Fort Columbus, New York Harbor, N. Y.

COLONEL: I have to request that you will give Edward M. Archibald, esq., Her Britannic Majesty’s consul at New York, permission to visit Dennis Kelly, a British subject now confined at Fort Columbus, New York Harbor.

I am, colonel, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, September 24, 1861.

Lieutenant-Colonel BURKE:

You will see that no political communications of any kind from prisoners are permitted to be carried out of the fort. Abuses of privileges of admission to the fort having been committed such privileges will be granted less frequently than heretofore by this Department.

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, September 24, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

DEAR SIR: I think it would be well for you to give notice to Mr. Joseph Scoville (not as coming from this Department but on your own {p.78} authority) that a continuance in sending such letters as that which appeared in the London Standard would be likely to subject him to surveillance.

Very truly, yours,

WILLIAM H. SEWARD.

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BOSTON, September 24, 1861.

DEPARTMENT OF STATE, Washington.

DEAR SIR: My information respecting Mr. Charles W. Adams is that he left Boston several months ago for Liverpool, England, where he had large business. He returned about ten days since by steamer arriving at New York. Two days after his arrival at his home in Roxbury he was informed that orders were out for his arrest for political reasons, in consequence of which he left for Canada where he now is.

As a resident of Texas for many years (some fifteen or twenty I am told) he has naturally acquired prejudices in favor of that State and her institutions, and I am informed has at the present time considerable property there. His home has been in the neighborhood of Boston for several years past. He married a lady from Bangor, Me., a few years ago. Previous to his departure from Europe he purchased a large and valuable tract of land in the town of West Roxbury with the intention of building a house to be his future home, and to my knowledge the work has been in progress for months past during his absence in England and continued up to last Saturday, the 21st instant. In consequence of being obliged to leave his home his business has been thrown into confusion; his notes are under protest, and the laborers upon his new place at West Roxbury are unpaid.

My impression is that if Mr. Adams has exposed himself to suspicion it has been caused by hasty and indiscreet remarks. I do not believe him disloyal. On the contrary I believe he will at all times support the laws which protect him, his family and his property. I do not, however believe that he can take the oath of allegiance without jeopardizing his property in Texas. All his movements show his intention of becoming a citizen of West Roxbury, and I have no doubt that should the order for his arrest be withdrawn he will return to his home and confine himself strictly to his private affairs which as I before stated are suffering by his absence. The fact of his absenting himself should not be brought against him, as he doubtless is apprehensive that he may be subjected to long imprisonment before he could have a hearing. I learn from Mrs. Adams that Mr. Adams is now at Montreal.

I have some reason to think that bonds might be obtained from responsible parties here for his good conduct if on parole.

Respectfully, your obedient servant,

JONATHAN AMORY, Dispatch and Passport Agent.

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DEPARTMENT OF STATE, Washington, September 25, 1861.

E. W. STOUGHTON, Esq., New York.

SIR: Your letter of the 23d instant asking permission to visit Robert Tansill, a prisoner of war now confined at Fort Lafayette, has been received and as it has been found necessary to restrict such permissions I regret to say your request cannot with propriety be granted. There {p.79} is no objection, however, to Mr. Tansill communicating directly with the Government if he desires to do so.

I am, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., September 25, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have had the honor to receive your letter of the 24th instant* in relation to Patrick Crohan and Dennis Kelly claimed as British subjects. On the 19th instant you wrote to me suggesting the propriety of discharging Dennis Kimball, a prisoner at Fort Columbus, presumed to be a British subject. As there was no prisoner of that name there I knew that Dennis Kelly was the person alluded to, and desired Colonel Loomis, the commanding officer at that post, to discharge him. I have no doubt it has been done. Patrick Crohan is a person of no consequence and it would be well to discharge him. He was arrested with some twenty others, some of whom were known to be on their way to Virginia to join the Confederate Army. Some of the party may have been going to the southern counties of this State in quest of employment, but it was difficult to separate the two classes from each other. There are a few others whom I may recommend hereafter for a discharge on taking the oath of allegiance.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General, Commanding.

* Not found.

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HEADQUARTERS DISTRICT OF SOUTHEAST MISSOURI, Cairo, September 26, 1861.

Capt. C. MCKEEVER, Asst. Adjt. Gen., U. S. A., Western Dept., Saint Louis, Mo.

SIR: For the information of the general commanding the Western Department I have to report that reconnaissances which I have directed for the last two days show the enemy to have abandoned their position near Hunter’s farm. ... Yesterday a party of cavalry from Columbus came up to the neighborhood of Elliott’s Mills and arrested a farmer there for the crime of loyalty to his country. To-day I directed in retaliation the arrest of two noted secessionists who were informed that they would be released on the safe return of the Union man sent to Columbus. The party making the, arrest went into Blandville and brought from there also a Mr. Blake, who is charged with recruiting a company for the Southern Army. He will be sent to Saint Louis for trial.

Respectfully, your obedient servant,

U. S. GRANT, Brigadier-General, Commanding.

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GEORGETOWN, D. C., September 27, 1861.

His Excellency ABRAHAM LINCOLN, President of the United States of America.

SIR: I beg to trespass upon your attention in behalf of my friend James A. Donnelly, a young man of irreproachable character who was {p.80} arrested on the 22d of August last and who is yet in confinement at the corner of Thirteenth street and Pennsylvania avenue in Washington by order of the provost-marshal of the District of Columbia. At the suggestion of Col. T. M. Key (aide, &c., of General McClellan) who states that Mr. Donnelly’s release* is dependent upon the decision of a higher authority than his own, I address you in this connection.

I had the honor to file with General Porter (provost-marshal) numerous letters from the leading men of this town in relation to the uniform high character of Mr. Donnelly, and which although hurriedly gathered I beg Your Excellency will possess yourself of and allow them due weight in the examination of this case. Mr. Donnelly’s offense (if any) is one that can only be by inference and implication gathered from his own words, there having been no witness against him who could or did implicate him. He freely disclosed to Colonel Key (to whom it seems belongs this class of cases) the following state of facts which I submit to Your Excellency presents no offense meriting the severe punishment he is now undergoing, to wit: That on the 5th of July last he went to Richmond, Va, upon purely private business to receive the semi-annual interest payable the 1st July upon Virginia bonds owned by his sister now in Europe. This money could be obtained in no other manner or in any other place. That when he had completed this business he endeavored to return but was prevented from so doing by force, a pass in military parlance being demanded. He could obtain no pass in Richmond and was forced to repair to Manassas Junction to enlist the influence of Doctor Boyle (a former resident of Washington and acquaintance) in procuring the pass required. That he found Doctor Boyle, a major of the forces and provost-marshal at Manassas, and he after hearing Mr. Donnelly’s statement and desire to return to his home in Georgetown furnished him with a pass which enabled him to leave the Confederate lines and return here where he arrived on the 15th of August, exactly one week before his arrest. To procure this pass which was obtained only after great difficulty and delay Mr. Donnelly was obliged to pledge his honor to disclose naught concerning the situation, numbers, &c., of the forces in Virginia, which promise he considers himself bound religiously to adhere to. Saving this rigid adherence to secrecy, which no honorable man could object to, he has done nothing directly or indirectly against the United States. I should be slow to believe that the Government contemplated by continuing his confinement the coercion of an individual into a breach of faith and honor, although if no more is alleged against Mr. Donnelly such a conclusion would follow logically and almost irresistibly.

Mr. Donnelly upon his examination by Colonel Key voluntarily proposed to make oath that he had not assisted what is called the Confederate forces in any manner either directly or indirectly, and further that he would not do so at any time but in all respects would demean himself as a law-abiding citizen of the United States. He expected and intended to remain here and pursue his honest and usual calling. He gave his immediate attention to his business and not five minutes previous to his arrest had purchased a cargo of wood from a vessel then at his wharf. He is in the wood and coal business. With all deference it appears to me that the proposed oath and the above facts are sufficient to entitle Mr. Donnelly to his release. Mr. Donnelly has a widowed mother and two sisters (one of them unmarried) and he is the {p.81} only male member of the family to whom this mother and unmarried sister may or can look for protection and a sheltering arm.

These are all the facts in the case which I desired to bring to your attention and they are submitted to Your Excellency as presenting no case demanding the further continuance of Mr. Donnelly’s imprisonment On the contrary it is believed to afford a suitable and desirable opportunity for the exercise of that Executive clemency for his release the improvement of which by Your Excellency I earnestly invoke in his behalf if after an examination of the case you should arrive at the same conclusion. May I request an answer to this communication.

I have the honor to be Your Excellency’s most obedient servant,

F. W. JONES.

* See order for Donnelly’s release pp. 238,245.

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DEPARTMENT OF STATE, Washington, September 27, 1861.

Right Hon. Lord LYONS, &c.

MY LORD Adverting to my note of the 24th instant relative to the cases of Dennis Kelly and Patrick Crohan I have the honor to inform you that orders have this day been given to Colonel Loomis, commanding at Fort Columbus, New York Harbor, to discharge them.

I have the honor to be, with high consideration, your lordship’s obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, September 27, 1861.

Colonel LOOMIS, U. S. Army, Commanding, &c., Fort Columbus.

SIR: Let Dennis Kelly and Patrick Crohan be discharged from custody.

Very respectfully, your obedient servant,

WILLIAM H. SEWARD.

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CONFIDENTIAL.]

COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPARTMENT, Boston, September 27, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

MY DEAR SIR: I wish to urge you to direct that prisoners of war only, and no State prisoners be sent to Fort Warren or elsewhere in Massachusetts. I trust I shall be in Washington early next week and will give the reasons.

In great haste, but faithfully and respectfully, your friend and servant,

JOHN A. ANDREW.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Louisville, Ky., September 27, 1861.

J. J. ANDERSON, Esq.

SIR: Your letter asking for information with regard to the meaning of General Anderson’s proclamation is received.

In reply I am authorized by the general to say that no one will be arrested for mere opinion’s sake. All peaceable citizens of whatever {p.82} opinion will be protected if they do not engage in giving aid in any manner to the enemies of our country.

I am, sir, very respectfully, your obedient servant,

OLIVER D. GREENE, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, September 28, 1861.

Hon. MONTGOMERY BLAIR, Post-master-General, Washington.

SIR: I transmit herewith* information placed in my hands in reference to the Plymouth Democrat, published at Plymouth, Ind., and I recommend that the circulation of that journal in the mails of the United States may be prohibited.

Very respectfully, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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DEPARTMENT OF STATE, Washington, September 28, 1861.

SAMUEL BLATCHFORD, Esq., New York.

SIR: I have directed Colonel Loomis, the officer in command at Fort Columbus, to permit you to make a single visit in the presence of an officer to the prisoner George Armistead Appleton. Fearing the precedent will lead to much inconvenience if not abuse I have reluctantly granted the permission requested.

I am, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

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FORT HAMILTON, New York Harbor, September 28, 1861.

Col. E. D. TOWNSEND, Asst. Adjt. Gen., Hdqrs. of the Army, Washington City.

SIR: From a private letter received-yesterday by a near relative of mine in New York I suspect some new intrigues of the friends of the State prisoners are going on. The old game of the county [?] will be tried to be started but I shall be circumspect and wary. I think it would have a bad effect to change the commanding officer or to make any alteration at Fort Lafayette. Mr. Seward’s and the General-in-Chief’s orders to the letter and spirit can be carried out without any change. I consider Mr. Wood as regards Lafayette an institution, and I desire that the high authorities at Washington would let him have his wife there.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

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FORT HAMILTON, September 29, 1861.

Col. B. D. TOWNSEND, Assistant Adjutant-General, Headquarters of the Army.

SIR: I have heard unofficially, verbally and perhaps incorrectly that a very wealthy man recently released from Fort Lafayette has been {p.83} using his influence to have Lieutenant Wood removed from the command of that post. The high esteem in which I hold Lieutenant Wood as an officer is well known at the Department as well of War as of State and Navy, but at the same time I as a servant of the Government shall obey and respect any and every order emanating from my superiors. If Lieutenant Wood should be removed, the responsibility of the change will of course rest with the Department not upon me.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

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DEPARTMENT OF STATE, Washington, September 30, 1861.

Lieut. Col. MARTIN BURKE, Fort Lafayette, N. Y.

SIR: Let the seamen confined in Fort Lafayette (not privateers) be released on taking the oath of allegiance to the Government of the United States and enlisting in its service. Robert Murray, esq., the U. S. marshal, has been instructed to take charge of them and see that they report for duty at the navy-yard in Brooklyn. You will please deliver into the custody of the U. S. marshal the privateers in Fort Lafayette, to be transferred by him to the city prison for confinement, and report to this Department.

I am, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, September 80, 1861.

E. L. O. ADAMS, Portland, Me.:

Look out for John. E. Ward, late U. S. minister to China, who is proceeding by way of Quebec and Portland to England as agent for the disunionists. Arrest and send him to Fort Lafayette.

WILLIAM H. SEWARD.

(Same to Jonathan Amory, U. S. dispatch agent, Boston, Mass; Hiram Dunn, Rouse’s Point, N. Y.; Hollis White, Niagara Falls, N. Y.; W. H. Barse, Detroit, Mich.; John C. Miller, Chicago, Ill., and Joshua R. Giddings, Montreal, Canada.)

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DEPARTMENT OF STATE, Washington, September 30, 1861.

ALBERT G. DAVIS, Esq., Washington City.

SIR: This Department having occasion for the services of a discreet and active man on the Northern frontiers to detect and arrest disloyal persons, especially those who may be the agents of the insurrectionary States, you are hereby appointed for that purpose at a compensation of $100 a month for the next two months, of which you will receive here an advance of $100. You will be particularly on the watch for such persons who may pass into or from Canada on their way to or from Europe. In case any well-founded suspicion shall be entertained against any such person you will arrest him, secure his papers and give immediate notice by telegraph to this Department.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

{p.84}

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., September 30, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Several weeks ago a party of twenty-four persons were captured near North Point, at the mouth of the lower harbor, on their way to a sloop which was to take them to the lower part of Maryland. It was ascertained to our satisfaction that some of them intended to join the Confederate Army, and we supposed that was the destination of all, but we were satisfied afterward that many of them were going to the lower counties in this State to get work. About the time they were captured orders were received from Lieutenant-General Scott to send our prisoners to New York, and twenty-two were accordingly sent there. Two have been released by your order, one of them (Dennis Kelly) having been claimed as a British subject. The whole transaction has been thoroughly investigated by the police, and it has resulted in the conviction that twelve of them ought to be discharged on taking the oath of allegiance. They are all laborers or mechanics and of no social importance. It is believed that their first purpose was to find employment in the lower part of this State; and even if there was a contingent design in case of failure of going to Virginia it is believed that they have been sufficiently punished.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General, Commanding.

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NEW YORK, September 30, 1861.

Hon. WILLIAM H. SEWARD.

MY DEAR GOVERNOR: I have received your official letter of the 28th instant in which you say that you have directed Colonel Loomis, the officer in command at Fort Columbus, to permit me to make a single visit in the presence of an officer to the prisoner George Armistead Appleton, and that fearing the precedent will lead to much annoyance if not abuse you have reluctantly granted the permission. I certainly will do nothing to annoy you, and I therefore hasten to remove your fears by saying that I shall not avail myself of the permission which you have so kindly granted. At the same time I ought to say that I should not have asked the permission from Mr. Cameron if I had not been told by Mr. Weed that he had been allowed to visit the prisoners in Fort Lafayette. I supposed that that precedent warranted my application.

Thanking you for your kindness and apologizing for the trouble I have given you, I am, as ever, very faithfully, yours,

SAML. BLATCHFORD

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HEADQUARTERS OF THE ARMY, Washington, September 30, 1861.

Lieut. Col. M. BURKE, Commanding Fort Hamilton, N. Y.

SIR: The General-in-Chief directs me to say that he has been informed obstacles have been thrown in the way of Mrs. Gelston’s sending provisions, &c., to the prisoners in Fort Lafayette. The general wishes you to permit proper articles to be sent in such mode as you may indicate, and to see that all respect is shown to the benevolent lady in question.

{p.85}

The general does not assent to your proposition in regard to the family of Lieutenant Wood.

I am, sir, very respectfully, your obedient servant,

B. D. TOWNSEND, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, October 2, 1861.

ROBERT MURRAY, Esq., U. S. Marshal: (For Colonel Loomis, Fort Columbus, N. Y.)

Release on taking oath of allegiance William F. McKewen, Benjamin F. McCawley, John Williams, Patrick Crohan, James Campbell, Alexander Conner, Frederick Tollenback, Patrick Conway, Samuel Davidson, George Gosswell, Philip Cassidy, George Summers.

F. W. SEWARD, Assistant Secretary.

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DEPARTMENT OF STATE, Washington, October 3, 1861.

Maj. Gen. JOHN A. DIX, Fort McHenry, Baltimore.

GENERAL: I inclose a letter* of the 28th ultimo and its accompaniments addressed to Mr. Cameron by J. Hopkins Tarr, from Denton, on the Eastern Shore of Maryland, relative to Judge B. B. Carmichael, of that quarter. It seems to me that that functionary should be arrested even in his court if need be and sent to Fort Lafayette. You may proceed accordingly.

I am, general, your very obedient servant,

WILLIAM H. SEWARD.

* Not found.

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DEPARTMENT OF STATE, Washington, October 3, 1861.

Col. MARTIN BURKE, Fort Lafayette, N. Y.

SIR: Permit the Hon. William H. Ludlow to visit any of the prisoners confined at Fort Lafayette at such times as he may desire to do so.

I am, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, October 3, 1861.

JOHN B. WARD, Esq., Care of Messrs. Barring Brothers & Co., London.

SIR: I have to acknowledge the receipt of your letter dated Quebec, 27th ultimo,* and now take pleasure in transmitting to you the passport in accordance with your request. Owing to the representations of persons who it appears accompanied you from the South, it was deemed proper, with a due regard for the public safety, to obstruct you in the progress of your journey; but circumstances have since transpired which call for the removal of such restrictions, and the accompanying passport is therefore forwarded to you. If you deem it proper to destroy this communication you are at liberty to do so.

I am, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, October 3, 1861.

B. L. O. ADAMS, Portland, Me.:

Do not arrest John B. Ward.

WILLIAM H. SEWARD.

{p.86}

(Copies of the above also sent to Jonathan Amory, U. S. dispatch agent, Boston, Mass.; Hiram Dunn, Rouse’s Point, N. Y.; Hollis White, Niagara Falls, N. Y.; W. H. Barse, Detroit, Mich.; John C. Miller, Chicago, Ill., and Joshua B. Giddings, Montreal, Canada.)

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NEW YORK, October 3, 1861.

W. H. SEWARD:

The prisoners in Fort Columbus ordered discharged by your telegram have no money to return to Baltimore. Shall I purchase tickets, or will you send passes? Answer.

ROBERT MURRAY, U. S. Marshal.

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DEPARTMENT OF STATE, Washington, October 4, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: Application having been made to this Department for intercourse with persons on board the schooner Henry Middleton understood to have been captured off Charleston I will thank you for such information as may be in the Navy Department in regard to the circumstances attending the capture in order that the propriety of granting the application may be determined.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, October 4, 1861.

MOSES H. GRINNELL, Esq., New York.

SIR: Your letter* of the 3d instant has been received. It is deemed incompatible with the public interests to grant passes to visit the insurrectionary States, and no exception can with propriety be made in favor of “the sister of the wife of an officer of distinction in the Southern army.”

I am, sir, respectfully, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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DEPARTMENT OF STATE, Washington, October 4, 1861.

HIRAM WALWORTH, Esq., Plattsburg, N. Y.

SIR: This Department desires to employ you as a confidential agent for the purpose of enabling the Government to prevent disloyal persons, especially those in the service of the insurgents, from passing through Plattsburg. For this purpose if you should obtain information on which you may rely that any person is likely to pass that way you will be on the lookout for him, have him arrested and sent to Fort Lafayette, N.Y. Your compensation will be at the rate of $50 a month. You will also be allowed any reasonable expenses which you may incur in the discharge of your duties.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

{p.87}

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PHILADELPHIA, October 4, 1861.

Hon. THOMAS A. SCOTT, Assistant Secretary of War:

The following paragraph appears under the Washington correspondence in the North American and Ledger of this date:

Certain charges having been preferred [against] the Adams Express Company in the matter of carrying letters, &c., to and from the South it [is] reported to-day that these charges will be brought before the courts, when the accused will have an opportunity of proving their falsity or correctness. It is understood that some other matters are also on the list against this firm which will come up at the same time. The company as a general thing stands in high favor here, and it is the impression that the suit will not damage them very materially.

I propose to make some one responsible for the statements of this character, and will thank you to inform me whether the above is justified by any actions of your Department, or by any facts within your knowledge.

Respectfully,

E. S. SANFORD, General Superintendent Adams Express Company.

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NAVY DEPARTMENT, Washington, October 5, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 4th instant and to transmit herewith a copy of Commander S. P. Lee’s report dated August 21, 1861, of the capture of the schooner Henry Middleton.

I am, respectfully, your obedient servant,

GIDEON WELLES.

[Inclosure.]

U. S. S. VANDALIA, Off Charleston, August 21, 1861.

Hon. GIDEON WELLES, Secretary of the Navy, Washington, D. O.

SIR: I transmit according to law the inclosed list of the officers and crew of this ship being a complete list of all those who were captured and of all who were in sight at the time of the capture of the schooner Henry Middleton of 103 tons, built in Charleston, S. C., owned in Charleston and cleared from Charleston for Liverpool with a cargo of 496 casks of spirits of turpentine and 65 barrels of rosin.

The Henry Middleton was discovered at daylight this morning running the blockade off Charleston and was captured by the Vandalia, at 1 p.m. to-day in latitude 31° 58' N., longitude 79° 15' W., after a chase of eight hours and about fifty miles in a southeast direction from Charleston Bar.

It appears that the Henry Middleton was intended hereafter to take out privateer papers. She was captured with the secession flag flying at her peak and had a full set of papers from the Confederate States of America.

The Henry Middleton is ordered into -, and I recommend that she should be fitted as a temporary light-boat for the use of the squadron off Charleston.

Respectfully, yours,

S. PHILLIPS LEE, Commander.

{p.88}

–––

NEW YORK, October 5, 1861.

Hon. W. H. SEWARD:

The eleven prisoners discharged from Fort Columbus are entirely destitute. Shall I furnish them with means to get to Baltimore?

R MURRAY, U. S. Marshal.

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DEPARTMENT OF STATE, Washington, October 5, 1861.

ROBERT MURRAY, U. S. Marshal, New York:

Furnish the prisoners referred to in your telegram with means to reach Baltimore.

WILLIAM H. SEWARD.

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NAVY DEPARTMENT, Washington, October 5, 1861.

BENJAMIN F. LOYALL, Late Lieutenant, U. S. Navy, New York.

SIR: Having refused to take the oath of allegiance to the United States your name has by direction of the President been stricken from the rolls of the U. S. Navy.

I am, respectfully,

GIDEON WELLES.

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U. S. MILITARY PRISON, THIRTEENTH STREET, Washington, D. C., October 5, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: About five weeks ago Ward H. Lamon, marshal for the District of Columbia, accompanied by a squad of cavalry in the service of the United States, arrested me at my residence in Hagerstown, Md., and brought me immediately to this place where I have ever since been kept in close confinement. I have no official information of the cause of my arrest and detention here, but from what Marshal Lamon has said to friends of mine who have conversed with him on the subject I am led to believe it is owing to the course of a newspaper published under the title of the Hagerstown Mail. If I have permitted anything to appear in that paper inconsistent with my rights and duties as an American citizen I have done it under a mistaken conception of those rights and duties and not from a deliberate purpose to do wrong. If the tone of the paper has been disloyal I am willing to change it, as I have no wish to do anything inconsistent with my obligations to the Government of my country. I acknowledge that I owe allegiance to the Government of the United States as established by the Constitution and laws thereof; and this allegiance I am now satisfied is paramount to any allegiance I may owe to any State government. I recognize in His Excellency Abraham Lincoln the lawfully elected President of the United States, and I will not knowingly do any act calculated to deprive him of his just powers and authority as such. I ardently desire the perpetuation of the union of these States, and deeply regret that the disaffected portion of my countrymen did not seek redress for their alleged grievances in the manner prescribed by the Constitution Born and reared in Pennsylvania, married in Virginia, and domiciled in Maryland where all my children have been born, all the tender feelings {p.89} that cluster around my heart constrain me to hope that neither Mason and Dixon’s line nor the Potomac River shall ever mark the boundary of my country.

I beg leave further to represent that I have pecuniary obligations which can only be met by the proceeds of my labor; that my pecuniary affairs are suffering from my absence from home, and that should my detention here be of long duration I shall be ruined in a pecuniary sense, and my creditors will be injured and my wife and two little children deprived of the comforts they have been accustomed to. I would also beg leave to state that my father, now about 82 years of age, and who served his country in the war of 1812, is affected with asthma and heart disease, and I am informed that his bodily infirmities have been greatly aggravated by mental anxiety on my account. I am informed on the authority of his physician that any one of his frequent attacks may prove fatal. I beg leave to add that I myself am suffering in health. Accustomed to an active life and to much exercise in the open air my close confinement operates injuriously upon me. I have been afflicted with boils for several weeks past, and at this time have a dreadfully sore hand and arm from that cause.

In conclusion I beg leave to express the hope that you will direct my immediate release. I have seen a copy of the oath administered to Mr. Gordon, of Maryland, who was formerly confined in the same room with me, and I am perfectly willing to take and subscribe the same and faithfully abide by it.

Respectfully, yours, &c.,

DANIEL DECKART.

Sworn to and subscribed before me this 5th day of October, 1861.

JNO. H. JOHNSON, Justice of the Peace.

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U. S. MARSHAL’S OFFICE, New York, October 5, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: ... I have also transferred the privateers taken from on board the Dixie and York to the city prison. But the sailors confined at Fort Lafayette for running the blockade have refused to enlist in the U. S. service, and therefore are still confined. The twelve prisoners sent from Baltimore to Fort Columbus have also been discharged upon their taking the oath of allegiance.

Yours, respectfully,

ROBERT MURRAY, U. S. Marshal.

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HEADQUARTERS SEVENTH BRIGADE, Alexandria, Va., October 5, 1861.

General W. B. FRANKLIN, Commanding Troops in Front of Alexandria.

GENERAL: Several Union men have recently been arrested by the enemy in the vicinity of Accotink. On Saturday last three worthy and inoffensive men were taken from their houses solely on account of their sympathy with the Government. I have to-day caused the arrest of two open and avowed secessionists residing in the same neighborhood. {p.90} I am confident that the retention of these men as prisoners for a few days will have a wholesome effect and will tend to restore quiet in the vicinity of Accotink by convincing the enemy that the practice of capturing unarmed men is one which can be followed by both sides.

Mr. Nevitt (one of the men arrested) frankly admits that he is a secessionist; that he has sufficient influence with the enemy to secure the discharge of parties arrested by them; that he has been to Fairfax and secured the release of some of his Union friends. All this he freely admits. There is no doubt about his position. Mr. Lee occupies the same position. He admits that he is opposed to the Government; that his house is often visited by the enemy, and that some of his family are in the army. I think the position of both is sufficiently defined by themselves to justify the Government in retaining them as hostages for the good treatment of their neighbors and our friends who are now in the hands of the enemy. I have therefore placed them in the charge of the provost-marshal at Alexandria to be held until further orders.

I am, sir, very respectfully, your obedient servant,

H. W. SLOCUM, Brigadier-General of Volunteers.

[Indorsement.]

Respectfully forwarded to the commanding general for his information.

I recommend that these two men be sent to Washington for imprisonment until further orders. I have no doubt that through information given by them arrests of Union men in the vicinity of Accotink have been made.

W. B. FRANKLIN, Brigadier-General, Commanding Division.

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WASHINGTON, October 6, 1861.

Hon. WILLIAM H. SEWARD, &c.

SIR: I have the honor to transmit to you a copy of a dispatch* from Her Majesty’s consul at Boston, as well as a copy of a letter and an attested copy of an affidavit which accompanied it.

I beg to recommend to favorable consideration the request to which they refer that the master of the British schooner Revere, who is supposed to be detained at Fortress Monroe, may appear at Boston as a witness for the defense of the vessel before the prize court at that city.

I desire also to direct your attention to the unusual manner in which the master and crew of the Revere appears to have been treated, and especially to the fact of two of the crew having been kept (as it would seem very unnecessarily) in irons.

I request you to be so good as to return the attested copy of the affidavit to me.

I have the honor to be, with the highest consideration, sir, your most obedient humble servant,

LYONS.

* Not found.

{p.91}

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HOUSE OF REPRESENTATIVES, Washington City, October 7, 1861.

SECRETARY OF STATE.

SIR: I was informed by the President of the United States some days since that he had referred to you the application of Mr. Isaac Miller, an employé of the Government at the arsenal in this city, against whom charges of disloyalty had been preferred and evidence taken before the committee, for restoration of his former place from which he had been removed on the report to the evidence in his case to the Secretary of War, with a request that he should be reinstated if on hearing his statement you should be satisfied that he was loyal.

The evidence before the committee disclose the facts that Mr. Miller had for more than forty years been the recipient of the bounty of the Government; that his only son is now in the rebel army in open arms against the Government; that his wife and daughter now living in this city are open and bold in their declarations of hostility to the Government, and that Miller himself expressed his gratification at the attack made upon the Massachusetts troops in Baltimore. I desire to be informed if any part of this testimony was transmitted to you by the President, or was before you when you examined the matter; and also if Mr. Miller has been restored to his former position by virtue of the instructions sent you by the President?

Very respectfully, your obedient servant,

JNO F. POTTER, Chairman of Committee of Investigation.

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NEW YORK, October 7, 1861.

Hon. S. CAMERON:

One hundred and thirty-four prisoners in Fort Lafayette. All full.

MARTIN BURKE, Lieutenant-Colonel, U. S. Army.

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GENERAL ORDERS, No. 5.}

HDQRS. DEPT. OF THE CUMBERLAND, Louisville, Ky., October 7, 1861.

The commanding general learns with deep regret that arrests are being made in some parts of the State upon the slightest and most trivial grounds. He desires the civil authorities and orders the military not to make any arrests except where the parties are attempting to join the rebels or are engaged in giving aid or information to them, and in all cases the evidence must be such as will convict them before a court of justice. In some eases it is understood that the home guards have gone into adjoining counties and arrested and carried off parties who have been quietly remaining at home under the expectation that they would not be interfered with, provided that they did nothing in violation of the spirit of the proclamation bearing date of September 24, issued from these headquarters. Some instances are mentioned of persons having been arrested and taken out of the State.

This is all contrary to what the commanding general has declared to be his wish, and he trusts it will not be repeated.

It is believed that many of those who at one time sympathized with rebellion are desirous of returning to their allegiance and wish to {p.92} remain quietly at home attending to their business. A conciliatory, fair course pursued toward such persons will join them to our cause; the reverse may force them into the ranks of our enemies.

The commanding general entreats and urges his fellow-citizens to discountenance and endeavor to put a stop to these ill-timed and unlawful arrests, and to aid him in keeping peace among ourselves.

By command of Brigadier-General Anderson:

OLIVER D. GREENE, Assistant Adjutant-General.

–––

FORT HAMILTON, N. Y., October 7, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General, Headquarters Army, Washington.

... The General-in-Chief is hereby informed that the Secretary of the Navy has this day sent here twenty prisoners, which swells the number now confined at Fort Lafayette to 133. The General-in-Chief is well aware from reports sent from these headquarters of the capacity of Fort Lafayette.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

–––

FORT HAMILTON, N. Y., October 7, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General, Headquarters Army.

SIR: I have received the following prisoners by order of the honorable Secretary of the Navy:

Officers-G. A. Shackleford, G. W. Barnard, G. O. Van Amringe.

Men-John Johnson, Edward O’Neil, Elijah Simmons, Edward Heinrichs, George Parker, James B. Hoggard, William F. Capehart, Brick Brundeen, William Brown, Perry White, Carthwright Thompson, J. A. Douglass, John Murphy, Isaac Swindle, Edward Baum, Sterling F. Newton. Robert S. Grissons.

I have also received Capt. Michael Berry,* by order of the Secretary of State.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Third Artillery.

* See case of Berry, p. 933.

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DEPARTMENT OF STATE, Washington, October 8, 1861.

EDWIN C. PETERS, Suspension Bridge, N. Y.

SIR: You are hereby appointed an assistant of Hollis White, esq., for the arrest and detention of persons in the service of the insurgents in this country and of notorious disloyalty. Your particular instructions you will receive from Mr. White himself. Your compensation will be at the rate of $50 a month.

I am, your obedient servant,

WILLIAM H. SEWARD.

{p.93}

–––

DEPARTMENT OF STATE, Washington, October 8, 1861.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: As the prison seems to be crowded you will release the sailors (not privateers) on taking the oath of allegiance, if they desire it. If not exercise your discretion whether to do so without.

I am, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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OFFICE OF THE U. S. ATTORNEY FOR THE DISTRICT OF NEW JERSEY, Newark, October 8, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have to-day seized 107 patented machines for sharpening cotton gins, Burden’s patent, said to be almost indispensable at the South. They were made by James T. Cochrane, of this city, and were just packed and ready to be sent away. I learn that he has been sending them West during the summer to be smuggled to Tennessee. A man named Wormell came here from the South in May to superintend the work and has been here ever since. Knowing that Cochrane had made these machines I cautioned him in May against sending any South. He promised not to do so but the proof is clear that he has. Is it best to take any proceedings against them?

Very respectfully, your obedient servant,

A. Q. KEASBEY, U. S. Attorney.

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STAMFORD, CONN., October 8, 1861.

F. W. SEWARD, Esq., Assistant Secretary of State, Washington.

MY DEAR SIR: I think it my duty to inform you that in an accidental interview with a gentleman of my acquaintance, a resident of Cuba, I was informed that Mr. C. J. Helm, our former consul-general to Havana, was making preparations to return to Havana as an agent for the Confederate Government. His intimate connection with Mr. Breckinridge, and close friendship with G. W. Smith, now a major-general in the rebel army, added to his own well-known proclivities render such a thing highly probable, and as he might do us some hurt in Cuba from his former position there I respectfully suggest the propriety of preventing his departure from the country in any of the Havana steamers.

Very respectfully,

R. W. SHUFELDT.

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NAVY DEPARTMENT, October .9, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I have the honor to inclose herewith a copy of a letter this day sent to Flag Officer L. M. Goldsborough, commanding North Atlantic Blockading Squadron, with regard to flags of truce between Fort Monroe and Norfolk, Va.

I am, sir, very respectfully, your obedient servant,

GIDEON WELLES.

{p.94}

[Inclosure.]

NAVY DEPARTMENT, October 9, 1861.

Flag Officer L. M. GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: In consequence of the detriment to the public interests arising from the frequency of flags of truce passing between Fort Monroe and Norfolk it is hereby directed that hereafter all correspondence is to be confined to the prisoners at New York and other places, no one of whom is to be allowed to write oftener than once a month, and then the letter must not exceed six lines. All letters are to be open and to undergo the usual inspection. No flag of truce is hereafter to convey any person from Fort Monroe except by the special authority of the proper department at Washington.

I am, respectfully, your obedient servant,

GIDEON WELLES.

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FORT HAMILTON, New York Harbor, Wednesday, October 9, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State of the United States.

SIR: Pursuant to your dispatch of the 8th to Marshal Murray the following prisoners have been discharged and I herewith inclose their oaths of allegiance: Thomas Kelly, Charles Williams, Stephen Bennett, James B. Hoggard, William F. Capehart, Carthwright Thompson, John Murphy, Perry White and Isaac Swindle.

In consultation with Marshal Murray I have discharged the following foreigners: Edward Heinrichs, Brick Brundeen, John Johnson, George Parker, William Brown.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

–––

HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., October 9, 1861.

Brig. Gen. HENRY H. LOCKWOOD, Commanding at Cambridge, Md.

GENERAL? All the disunion companies in Queen Anne’s County should be disarmed. I much prefer that you should do the work with your Delaware troops. Arms and prisoners should be sent here. I am trying to get a steamer to put at your disposal. If I do not succeed I must send you our tug at Annapolis. We can spare her two or three days in a week.

If you can get any legitimate authority, executive or military, in Delaware to direct the disbandment or disarming of companies in that State it should be done. In that case I think the arms had better be deposited at Fort Delaware. I have been urging the Government for two months to send a force into Accomac and Northampton Counties, Va., and break up the rebel camps there. General McClellan encouraged me to believe that it would be done and I trust it will not be delayed much longer.

I am, general, very respectfully, yours,

JOHN A. DIX, Major-General, Commanding.

{p.95}

–––

CLEVELAND. COLUMBUS AND CINCINNATI R. R. COMPANY, Cleveland, Ohio, October 9, 1861.

A. G. LAWRENCE, Esq.

DEAR SIR: Yours of September 15 came to hand just as I was leaving home. I placed it under a pile of letters lying on my desk for future examination that it might be out of sight, and having been absent much of the time since it entirely slipped my mind until yesterday; in overhauling my unanswered letters I discovered it. This is my excuse for not replying at an earlier date. In regard to the conversation of Mr. Henry Garrett, of Baltimore, to which I was an unwilling and exasperated listener, it was not as relating to what he had done or intended to do but was of a bombastic and boasting character; of the high tone and ability of the rebel officers and men; of the great deeds they had done and were to do; of the large number, wealth and character of the men Baltimore had furnished the Southern army; that they would soon have President Lincoln and his Cabinet, and much more of the same sort that I cannot now recollect. I looked upon it as the gossiping of a weak-headed man. That he would be an active traitor to the Government had he the ability I have but little doubt, but unless I much misjudge him he has not capacity to benefit the enemies or injure the friends of the Government. I hardly think if bagged he would be worth the ammunition used to bring him down.

Hoping that all the enemies of the country may be speedily subjugated, I am, truly, yours,

L. M. HUBBY.

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NAVY DEPARTMENT, Washington, October 10, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 7th instant and inclosures relative to the captain and crew of the schooner Revere recently captured by the U. S. S. Cambridge. The Department has directed in accordance with your suggestion the release of the captain of the Revere if in custody at Fortress Monroe, and has written for an explanation * of the harsh treatment alleged to have been inflicted upon certain of the crew of the Revere.

I am, respectfully, your obedient servant,

GIDEON WELLES.

* See Welles to Seward, November 23, with its inclosures, p 158.

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DEPARTMENT OF STATE, Washington, October 10, 1861.

Lieut. Col. MARTIN BURKE, Fort Lafayette, N. Y.

SIR: Will you have the kindness to furnish this Department at your earliest convenience with a list of the prisoners now in your custody at Forts Lafayette and Columbus, New York Harbor, and by whose authority they were committed, together with the date of their reception by you?

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

(Same to General John A. Dix, Fort McHenry, and General John E. Wool, Fort Monroe.)

{p.96}

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U. S. MARSHAL’S OFFICE, SOUTHERN DISTRICT OF NEW YORK, New York, October 10, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington.

SIR: In compliance with the instructions in your telegram of yesterday I immediately proceeded to Fort Lafayette and administered the oath of allegiance to William F. Capehart, John Murphy, Perry White, Isaac Swindle, Carthwright Thompson, James B. Hoggard, Stephen Bennett, Charles Williams and Thomas Kelly, who were immediately discharged. Edward Heinrichs, a Prussian; Erick Brundeen, John Johnson, William Brown, Swedes, and George Parker, an Englishman, being foreigners and the first four entirely ignorant of our language I discharged without administering the oath of allegiance, and was obliged from their utter state of destitution to furnish them with sufficient funds to reach the city. ...

Very respectfully, yours,

ROBERT MURRAY, U. S. Marshal.

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FORT HAMILTON, N. Y., October 10, 1861.

Col. E. D. TOWNSEND, Assistant Adjutant-General, Headquarters Army.

SIR: Inclosed please find statements of deserters from the enemy, sent here by Colonel Brown, commanding Fort Pickens I have this day ordered their release by authority of yours of 7th instant.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel Third Artillery.

[Inclosure.]

Almond Rice, Angelica, N. Y., was a steam-boat man on the Mississippi; could not get away from New Orleans; was obliged to enlist in the rebel army, go to prison or starve; belonged to the so-called rebel Marine Corps; was sent to the Warrington Navy-Yard about the 1st of May; was part of the time in the navy-yard and part of the time on board the privateer Judith. When he first went to Pensacola Harbor thinks there were about 10,000 troops there. That number was after[ward] reduced to about 6,000, and they had about that many when he left. Thinks there were about four or seven guns left in Fort Macon; the rest were sent to Pensacola. There were four guns (42s and 32s) between the navy-yard and the bayou bridge toward Pensacola. Most of the machinery had been removed from the navy-yard, but the rebels were still casting shot and shell at the foundry. Had been a sailor on board of the sloop of war Albany; paid off in 1849 or 1850. There were three companies of marines (250), nearly all Northern men, and a Louisiana infantry regiment about 900 strong in the navy-yard; will go home when released if he can get there.

John Matthews, Madison, Ind., says he was a steam-boat man; joined the rebel forces at New Orleans; was out of money and could not get away; was put in the parish prison and kept there twenty days; was afterward impressed in rebel service; was sent to the Warrington navy-yard on the 21st of April; was attached to the marines and quartered in the navy-yard, The greater part of the marines are {p.97} Northern men, and would take the first opportunity to get away; were very much dissatisfied. Thinks there were about 7,000 men under arms on the rebel side; will go home when released; does not know much about the strength or location of the batteries on the rebel side; was pretty constantly in the guard-boat.

Samuel Benham, Buffalo, N. Y., says he had been a man-of-war’s man on board of the Savannah; was paid off about a year ago; was impressed in the rebel service at New Orleans; was attached to the Marine Corps and sent to Pensacola Harbor about the 1st of May, 1861. Was put on board schooner Judith and went out at night in the coast-guard boat. Thinks when he first went to Pensacola the rebels had about 15,000 men, but when he left thinks they had only 6,000 or 7,000 knows but little about the strength or location of the rebel batteries; will go home when released.

Daniel R. Smith, Allegheny, Pa., says he was a boatman on the Mississippi; was impressed in the rebel service, and was sent to the Warrington Navy-Yard with the marines about the 1st of May; was closely questioned by Colonel Brown at Fort Pickens, and his answers taken down in writing; gave Colonel Brown all the information he possessed.

B. F. Lidy, Lancaster, Pa., says he was a steam-boat man; was impressed into the rebel service at New Orleans; was sent with the rebel marines to Warrington Navy-Yard about the 26th of April last. Says the marines are mostly either Northern men or foreign born, and thinks all but about fifty would leave if they could get a good chance. Gives same information as the others; says the Lovell battery, near the light-house, has 10, 8, and 6 inch guns (three guns), all covered in with earth on timbers about six feet thick; will go home when released.

Ovid P. Reno, Beaver County, Pa., says he is a boatman; joined the rebel service at New Orleans; was impressed; was attached to the marines and sent to Warrington Navy-Yard. Gives same information as others.

John Harmon, Allegheny County, Pa., says he was in New Orleans; could not get work; enlisted to keep from starving, intending to desert so soon as he had a chance to get home; belonged to the marines; was sent with them to Pensacola; says the batteries between the navy-yard and Pensacola were washed away; knows nothing about the other batteries. There are a good many Northern men in the rebel marines, all of whom will take the first opportunity to get home.

Kelly and Booth absent.

The above men were all examined by me, and the above seems to be all the information they possess.

H. B. CLITZ, Major Twelfth Infantry, Commanding.

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STATE OF NEW YORK, EXECUTIVE DEPARTMENT, Albany, October 10, 1861.

Colonel LOOMIS, U. S. Army, Commanding at Governor’s Island, New York City.

COLONEL: I am directed by Governor Morgan to inquire if the political prisoners at Fort Lafayette are supplied with a chaplain. He has {p.98} been requested to recommend a Lutheran clergyman for the position but has declined to do so, presuming that there is already a chaplain at the post, and awaits your reply.

I am, very truly, yours, &c.,

L. L. DOTY, Private Secretary.

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DEPARTMENT OF STATE, Washington, October 11, 1861.

The Right Hon. Lord LYONS, &c.

MY LORD: I have the honor to acknowledge the receipt of your note of the 6th instant relating to the captain and crew of the schooner Revere recently captured by the U. S. steamer Cambridge, and in reply to transmit herewith a copy of a letter* of yesterday from the Secretary of the Navy informing me that the release of the captain of the Revere, if in custody at Fortress Monroe, has been ordered and explanations required in regard to the crew.

I avail myself of the occasion to offer to your lordship a renewed assurance of my high consideration.

WILLIAM H. SEWARD.

* Omitted here; seep. 95.

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DEPARTMENT OF STATE, Washington, October 11, 1861.

A. Q. KEASBEY, U. S. Attorney, Newark, N. J.:

Arrest Cochrane and Wormell. Send them to Fort Lafayette. Libel their property.

WILLIAM H. SEWARD.

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OFFICES OF BOWDOIN, LAROCQUES & BARLOW, New York, October 11, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, &c.

SIR: I have by mail to-day from Old Point a letter from the Honorable Alfred Ely dated at Richmond, September 20, urging me to apply to certain personal friends in Virginia in his behalf, and I have another similar letter from another prisoner in confinement there. While I fear it is out of my power to be of much service to these gentlemen I will exert any influence that I may have in their behalf on being informed that a correspondence strictly limited to this object is not objected to by my Government.

I have the honor to be, sir, yours, very respectfully,

SAMUEL L. M. BARLOW.

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DETROIT, October 11, 1861.

Hon. F. W. SEWARD, Esq., Assistant Secretary of State, Washington, D. C.

DEAR SIR: ... I sent Da Costa forward Wednesday, 9th Instant, evening train; he arrives at New York this a.m. A. G. Davis called here last Saturday and left Tuesday for Halifax. There should be a man at Toronto and Collingwood, Canada West. I must have help; it is taking up too much of my time.

Respectfully, your obedient servant,

W. H. BARSE.

{p.99}

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DEPARTMENT OF STATE, Washington, October 12, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: From information which has reached this Department it is deemed probable that Mr. C. J. Helm, U. S. consul at Havana under the last administration, may soon embark for that place upon business not compatible with his loyalty as a citizen. This Department will not furnish him with a passport for that purpose, and I will thank you to do anything which you properly can toward preventing his proceeding thither.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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CAMBRIDGE, October 12, 1861.

Hon. W. H. SEWARD.

DEAR SIR: I have thought since I had the honor to see you on Tuesday last the hurried interview did not allow me to make myself understood. The memoranda handed you was taken from a letter written by a lady at Richmond to a friend in Maryland advising as to the best mode of getting a letter to their friends South, as also those here who sympathize with the rebellion to receive communications from the South. The parties connected with the letter alluded to are highly respectable, and as I told you I got the information in such way as to forbid the use of names. My design was to put you in the way of trapping the French consul at Richmond and the chancellor at Washington by getting some one to write as a secessionist, send the letter as instructed and keep a lookout for the reply.

There is foul play somewhere and a great deal of it. The loyal States and our Army and Navy are full of traitors; many of our office-holders are faithless to the Government, and unless things are closely looked after and the war carried forward with greater vigor we shall be whipped I fear. I have not been scared until recently; have never doubted the ability of the Government to sustain itself or the certainty of our success at last until recent events coming to my knowledge has forced a doubt. We still suffer in Maryland from the inefficiency of Major-General Wool.

I have the honor to be, with great respect, obediently,

THO. H. HICKS.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, October 12, 1861.

F. W. SEWARD, Esq., Assistant Secretary of State, Washington, D. C.

SIR: In accordance with the request contained in your letter of the 10th instant I subjoin the names of the State prisoners confined in Fort McHenry There are at present no prisoners of war at the Fort: Richard Thomas (alias Colonel Zarvona), confined July 8, 1861, by order of Major-General Banks. W. Wilkins Glenn,* confined September 15, 1861, by order of Major-General Dix.

I am, sir, very respectfully, your obedient servant,

JOHN A. DIX, Major-General, Commanding.

* See post for cases of Zarvona and Glenn.

{p.100}

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DEPARTMENT OF STATE, Washington, October 14, 1861.

Colonel Loomis, Commanding Fort Columbus, New York Harbor.

COLONEL: Herewith I transmit to you a communication received at this Department from E. Cornell, esq., of Ithaca, N. Y., in reference to a couple of prisoners confined at Fort Columbus. Will you please inquire into their cases and remitt to me with this inclosure your opinion thereon?

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

[Inclosure.]

ITHACA, [N. Y.,] October 11, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State of the United States.

DEAR SIR: When the list of prisoners taken at Fort Hatteras was published in the New York papers I noticed the names of two of the three sons of a cousin of mine who settled many years ago at Washington, N. C. They are John W. and Ezra E. Cornell. My correspondence with them up to the 22d of April, 1861, shows them to be good Union men who were forced against their will to take up arms against the Union. (I had received no letter from them since the above date.)

I at once repaired to New York and laid a statement of the case before Colonel Loomis, with extracts from their correspondence, proving their loyalty of sentiment to the Union, &c. The colonel took my statement and promised to lay it before the general. He also permitted me to see the prisoners and supply them with such articles of clothing as their situation demanded. This was on the 6th of September, since which I have heard nothing from Colonel Loomis or the general. It is my desire to secure their liberation from prison if not inconsistent with the public interest, and not knowing who is the proper officer to apply to for that object I take the liberty to address you on the subject, and trust you will do me the favor to place this in the hands of the proper officer if I have misjudged in troubling you with it. If the Government should require bond or any kind of a guarantee that if released they will not be found in arms against the Union I will furnish that to the satisfaction of the Government. The following extracts from the letters referred to will show you their views of the contest the rebels are now waging against the Government. In letter dated Washington, N. C., April 7, 1861 [they say]:

Politics is something I have not made my study. Until very recently I have thought very little of it. I now see the object of the Southern politicians headed by William L. Yancey. We have some few in our State; for instance, our governor. He is a strong disunionist. He with some others are trying to keelhaul this State out of the Union after the people going over 30,000 against secession. This State has been giving 12,000 majority for the Democratic ticket until the convention question came up, then we elected two to one Union candidates by a majority of over 30,000, and voted down the convention. The secessionists have called a meeting to try and get the State out of the Union, but they will not get her out that way, for we are going to call one to counterbalance theirs to meet at the same time they do, and when they present their resolutions for the governor’s signature ours will be offered at the same time so he dare not sign either. If he should sign the secession ordinance I think civil war will be inevitable, for the Union portion of our State will not submit to them. I still think all our troubles will be settled. Whether they are or not I am for the Union under any and all circumstances, for I cannot feel willing to give up my share of the Constitution and the Star Spangled Banner.

{p.101}

Again, in the last letter which I received from them (though they wrote others that did not reach me) they say:

WASHINGTON, N. C., April 22, 1861.

Your predictions concerning our State I am ashamed to confess have come to be realized, for the disunionists have or are about to plunge our good old State into this unholy war against our wishes and better judgment. It is hard for us to fight against the Star Spangled Banner, that which our fathers suffered, bled, died and won for our enjoyment. I say it is hard for me to fight for breaking down the beet Government that ever existed and against our Federal rights, but it seems it must be so. We cannot be neutral and remain here, and I have not the means to get away with my mother and family.

Again, in the same letter he closes by saying:

I have not the heart to write more, for our whole community is all excitement. I have done all that I could to evade the fatal blow, but all to no purpose. I have got to put on the secession harness; it will chafe hard but I will kick it off when I can.

I answered this letter immediately tendering them the means to bring the family on to New York, but they did not receive my letter. All letters between us were intercepted after the passage of theirs of the 22d of April. These men are mechanics, ship carpenters by trade, and if liberated contemplate seeking employment in this State and get their other brother, mother and sister (the balance of the family) away from Washington, N. C., to New York the first opportunity that offers.

If not inconsistent with the interest of the Government you will do me a great favor by procuring an order for the release of the said John W. and Ezra E. Cornell, now prisoners of war at Castle William, on Governor’s Island, N. Y.

Very respectfully,

B. CORNELL.

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DEPARTMENT OF STATE, Washington, October 14, 1861.

W. L. MARSHALL, Esq., Baltimore, Md.

SIR: Your letter of yesterday has been received. In reply I have to inform you that General Dix is charged with the decision of questions relative to the expediency of allowing former residents of his military district to return thither from places within the lines of the insurgents. In regard to the domestics to whom you refer I have to state that since the permit to which you refer as having been granted by General Scott it has been determined to grant no others of a similar character. This decision I am sorry to say cannot be deviated from.

I am, your very obedient servant,

WILLIAM H. SEWARD.

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FORT HAMILTON, N. V., October 14, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In obedience to your request of the 10th instant I herewith have the honor to inclose a list of the prisoners now confined at Fort Lafayette. I have sent a copy of your letter to the commanding officer at Fort Columbus in order that he may complete the list by giving the names of those confined at that post.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

{p.102}

[Inclosure.]

List of prisoners now confined at Fort Lafayette, New York Harbor, October 14, 1861.

Names.By whom confined.Date of reception.
Edward Seymour RugglesGeneral-in-ChiefJuly 22,1861.
R. H. AlveySecretary of StateJuly 31, 1861.
John H. CusickdoDo.
John W. DavisdoDo.
William H. GatchelldoDo.
Charles M. HagelindoDo.
Charles HowarddoDo.
Samuel H. LyondoDo.
James B. Humphrey (or Murphy)doDo.
Austin it. SmithdoAug. 8, 1861.
John Williams, Jr.doAug. 11, 1861.
Robert MuredoAug. 15, 1861.
Charles KopperldoAug. 18, 1861.
Jerome X. BarberdoAug. 24, 1861.
D. C. LowberdoAug. 26, 1861.
Samuel BakingdoAug. 27, 1861.
Robert TansillSecretary of the NavyAug. 28, 1861.
T. S. WilsondoDo.
H. B. ClaibornedoDo.
Hilary B. CenasdoDo.
Ellis H. SchnabelSecretary of StateAug. 29, 1861.
Richard S. FreemandoAug. 31, 1861.
W. H. WardSecretary of the NavyDo.
James ChapinSecretary of StateSept. 8,1861.
Robert ElliotdoSept. 7, 1861.
Edward D. WinderdoDe
Algernon S. SullivandoSept. 8, 1861.
Charles BarkleySecretary of the NavyDo.
Midshipman A. D. WhartondoSept. 9, 1861.
C. J. FaulknerSecretary of warDo.
Robert R. Walker.Secretary of StateSept. 12, 1861.
John K. MillnerdoDo.
Robert DranedoSept. 18. 1861.
Arthur DawsonSecretary of warDo.
Bethel BurtonSecretary of StateDo.
William H. WinderSecretary of WarDo.
E. C. MyattSecretary of the Navy.Do.
Peter ReillydoSept. 14, 1861.
John F. NewtondoDo.
William St. GeorgedoDo.
Benjamin F. LongleySecretary of StateSept. 16, 1861.
James A. McMasterdoDo.
Moses StannarddoDo.
Daniel CorydoDo.
James M. HaigSecretary of WarSept. 28, 1861.
F. WyattdoDo.
William GilchristdoDo.
Cyrus F. SargentSecretary of StateSept. 24, 1861.
W. B. SalmondoDo.
J. H. GordondoDo.
C. J. DurantdoDo.
Andrew KesslerdoDo.
W. It. MillerdoDo.
Thomas J. ClaggettdoDo.
Bernard MillsdoDo.
J. Lawrence JonesdoDo.
J. M. BrewerdoDo.
John J. HeckartdoDo.
James W. MaxwelldoDo.
George W. LandingdoDo.
Philip F. BasindoDo.
E. G. KilbourndoDo.
Thomas H. MaddoxdoDo.
C. S. MoreheadSecretary of WarSept. 25, 1861.
B. T. DurrettdoDo.
M. W. BarrdoDo.
George W. BrownSecretary of StateSept. 26, 1861.
S. Teackle WallisdoDo.
Henry M. WarfielddoDo.
Charles H. PittsdoDo.
T. Parkin ScottdoDo.
Lawrence SangstondoDo.
J. Hanson ThomasdoDo.
William G. HarrisondoDo.
Leonard G. QuinlandoDo.
Robert M. DenisondoDo.
F. Key HowarddoDo.
Andrew A. LynchdoDo.
Thomas W. HalldoDo.
Henry May (on parole)doDo. {p.103}
Henry K. StevensSecretary of the NavyOct. 2,1861.
Benjamin P. LoyalldoDo.
Walter R. ButtdoDo.
Dr. Charles MacgillSecretary of StateOct. 5, 1861.
W. E. WrightSecretary of WarDo.
W. E. KearneydoDo.
J. T. McFealdoDo.
Joseph W. GriffithdoDo.
Anderson McDowelldoDo.
William GrubbsdoDo.
J. W. RobardsdoDo.
F. M. CrewdoDo.
H. G. ThurberdoDo.
S. H. WoolridgedoDo.
G. P. PressydoDo.
Edward PaynedoDo.
L. S. HolsclawdoDo.
Joseph BackdoDo.
O. A. ShacklefordSecretary of the NavyOct. 7,1861.
G. W. BarnarddoDo.
G. O. Van AmringedoDo.
Edward O’NeildoDo.
Elijah SimmonsdoDo.
J. A. DouglassdoDo.
Edward BaumdoDo.
Sterling F. NewtondoDo.
Robert S. GrissonsdoDo.
Capt. Michael BerrySecretary of StateOct. 10, 1861.
Alfred Da CostadoOct. 11, 1861.
A. R. CarterdoOct. 12, 1861.
J. W. PackarddoOct. 12, 1861.

MARTIN BURKE, Lieutenant-Colonel, Commanding.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., October 14, 1861.

Brig. Gen. HENRY H. LOCKWOOD, Cambridge, Md.

GENERAL: I send you the steamer Balloon, Captain Kirwan, which is placed at your disposal for the purpose of aiding you in breaking up the commercial intercourse with the Confederate States, of which the Eastern Shore of Maryland furnishes the material. You have as I suppose ere this taken measures to seize all merchandise brought from Delaware to Salisbury by rail and destined to Virginia. With the aid of the Balloon you may intercept much of that which finds its way down the Chesapeake by water, and I trust be able to confine this illicit traffic to very narrow limits. It is believed that the Balloon will also be of essential use in sending to different points the force necessary to disarm such companies of militia or such unauthorized military bodies as are training with intentions notoriously hostile to the Government. The duty is one of the greatest delicacy, and requires the utmost prudence and discretion. It is not doubted that numbers of individuals on the Eastern Shore of Maryland have been led into the support of disloyal measures by gross misrepresentations of the views and intentions of the Government. While the purpose you have in view should be steadily maintained and carried out with inflexible firmness, those who have been deceived and misled instead of being confirmed in their prejudices and driven hopelessly off by harshness on our part should if possible be reclaimed by kind treatment and convinced of their {p.104} error by correcting the misapprehensions under which they labor. If in spite of all efforts to induce them to discontinue their acts of hostility to the Government they persist in carrying on correspondence with the enemy and in giving him aid and comfort they should be arrested and sent to Fort McHenry; but unless a case of extraordinary urgency should occur I trust it may not be necessary to make an arrest without first consulting me. I have full authority from General McClellan to act in all cases.

You will bear in mind that we are on the eve of an election in Maryland of vital importance. The preservation of this State is indispensable to the safety of the capital. It is not doubted that all your measures will be so tempered with discretion as to give strength to the cause of the Union; but while all the just rights even of those who are disloyal should be respected they should be made to feel that no act of open hostility to the Government will be tolerated for a moment.

I inclose copies of letters which have passed between Major-General McClellan, Governor flicks and myself in regard to the disarming of military companies.* The one at Westminster has been already disarmed by a force sent from this city. All those on the Eastern Shore of Maryland are left to you, and I consider any company drilling in avowed hostility to the Government as coming within the authority given to me by Major-General McClellan and sanctioned by Governor Hicks, though not specifically named in the letter of the latter. The authority conferred on me is hereby delegated to you, not doubting that it will be firmly and discreetly exercised. It will be advisable to consult with our leading friends in the counties in which you adopt these stringent and delicate measures.

You will please report to me the result of every such movement with all convenient dispatch. Should you deem the co-operation of a police force advisable in any case, please notify me and it shall be provided.

I am, general, very respectfully, yours,

JOHN A. DIX, Major-General, Commanding.

* Omitted.

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DEPARTMENT OF STATE, Washington, October 15, 1861.

ROBERT MURRAY, Esq., U. S. Marshal for the Southern District of New York.

SIR: This Department understands that George Parker and George A. Shackelford, two seamen, British subjects, found on board prizes taken into New York, are confined at Fort Lafayette. If their testimony should not be deemed indispensable by the district attorney and he should not be aware of any other objection it seems to me that they ought to be discharged. Please consult Mr. Smith on the subject and proceed in pursuance of his advice. ...

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., October 15, 1861.

Col. M. N. FALLS, President Bay Line Steamers.

SIR: The major-general commanding directs me to inform you that no more persons bound for Norfolk will be sent thither or allowed to land {p.105} at this place for the present You will please inform such persons that it will be useless for them to come here with the expectation of being forwarded, and it is desirable that they should not come. When this prohibition is removed you will be notified by the major-General commanding.

Very respectfully, your obedient servant,

WM. D. WHIPPLE, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, October 16, 1861.

Maj. Gen. JOHN A. Dix, Fort McHenry, Baltimore.

GENERAL: I communicate four intercepted letters* which have been received here from the Post-Office Department, and would suggest that Isaac G. Mask at least, the writer of those numbered 1 and 2, be arrested and Sent to Fort Lafayette.

I am, general, your very obedient servant,

WILLIAM H. SEWARD.

* Not found.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., October 16, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I was glad to get the intercepted letters just received, one of which is signed Isaac G. Mask. I have had this man’s letters for a month but they were all signed I. G. M., and with all our efforts we have been unable to identify him. I have ordered his arrest and will send him to Fort Lafayette to-morrow. He ought to be hanged. His is a clear case of treason as defined by the Constitution.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General, Commanding.

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DEPARTMENT OF STATE, Washington, October 17, 1861.

Colonel Loomis, Fort Columbus, N. Y.

COLONEL: Von are authorized to allow any duly accredited member of the U. S. Sanitary Commission to visit the prisoners under your charge.

I am, colonel, your obedient servant,

WILLIAM H. SEWARD.

(Same to Lieut. Col. M. Burke, Fort Hamilton, N. Y.)

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SPECIAL ORDERS, No. 172.}

HEADQUARTERS OF THE ARMY, Washington, October 17, 1861.

1. Bvt. Col. J. Dimick U. S. Army, will repair without delay to Fort Warren, Boston Harbor, and assume command of that post. He will receive instructions on his arrival at Boston.

...

By command of Lieutenant-General Scott:

E. D. TOWNSEND, Assistant Adjutant-General.

{p.106}

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PROCLAMATION.

OCTOBER 17, 1861.

TO THE PEOPLE OF NORTHEASTERN KENTUCKY NOW IN ARMS AGAINST THEIR NATIONAL AND STATE GOVERNMENTS.

FELLOW-CITIZENS: You have assembled together in arms against your Government, against your State, your neighbors and in some instances your nearest relatives without any cause or any object that is worthy of brave and good men. What has your country done that you should rise against it, or what good will it do you to murder the people, burn and pillage the towns and overthrow the constitution and laws of Kentucky? If you could accomplish this you would be the most wretched as you would become the most wicked of men. The mass of you cannot wish to do this. But be assured the ruin you propose by your acts to bring upon the people of Kentucky will fall upon your own heads if you persevere.

Doubtless many of you have been misled by wicked and desperate men, bankrupt in fame and fortune, who hope to profit by the ruin of the Commonwealth. I sincerely believe that many of you have been deceived and led into rebellion who this moment regret the step they have taken, and would return to their families and homes if they could do so in safety.

To all the people therefore who have without due reflection taken up arms against their country and rebelled against both their nation and their State I say return home, lay down your arms, live in peace and friendship with your neighbors, and remember that at least you are Kentuckians. I promise that you shall not be molested either in person or property for what you have already done; on the contrary I will protect you equally with all other citizens so long as you render obedience to those laws which you yourselves have made. I offer you a complete amnesty for what is past; you will be held accountable only for the future. But to secure this result you must return home within days. After that time you will be treated as enemies and must never more hope to see in safety your families or enjoy your property until you have carried out the purpose of your wicked misleaders and conquered the people of your State and overthrown the Government of your fathers.

As your fellow-citizen and a native of your State I urge this offer upon you. Should you reject it, the enlightened world as well as the laws of your country will hold you alone responsible for the shedding of fraternal blood.

WILLIAM NELSON, Brigadier-General.

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DEPARTMENT OF STATE, Washington, October 18, 1861.

Hon. S. P. CHASE, Secretary of the Treasury.

SIR: From intercepted letters of a recent date received at this Department and which were written by influential persons among the insurrectionists it seems that their chief mode of communication at the present time is by means of vessels plying between Havana and New Orleans, running the blockade at the last-named port. I call your attention to the matter in order that you may take such action as you may deem proper.

I have the honor to be, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

(Copy to Secretary of the Navy.)

{p.107}

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DEPARTMENT OF STATE, Washington, October 18, 1861.

Lieut. Gen. WINFIELD SCOTT, Washington.

GENERAL: I have received the letter of Assistant Adjutant-General Townsend of the 16th instant,* accompanied by one addressed to you by W. C. Dusenbury, of New York, in which that gentleman expresses a wish to visit certain prisoners in that quarter for charitable purposes. No objection is entertained to the sending of contributions of any kind toward the comfort of the prisoners, but visits to them by any persons for supposed philanthropic objects cannot be approved.

I am, general, your very obedient servant,

WILLIAM H. SEWARD.

* Not found.

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DEPARTMENT OF STATE, Washington, October 18, 1861.

Maj. Gen. JOHN B. WOOL, Fortress Monroe, Va.

GENERAL: I have had the honor to receive your letter* of the 16th instant and its accompaniments. Proper measures will at once be adopted to dispose of the Swedish consuls at both Norfolk and Baltimore. This Department has unquestionable information that foreign consuls in insurgent States and elsewhere are habitually made media of treasonable correspondence in violation of their privileges and even municipal law. Your continued vigilance to such matters would materially subserve the public interests.

I am, general, your very obedient servant,

WILLIAM H. SEWARD.

* Omitted.

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DEPARTMENT OF STATE, Washington, October 18, 1861.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: Your letter of the 16th” instant has been received. In reply, you are authorized to release the sailors (not privateers) referred to by you on their taking the oath of allegiance.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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DEPARTMENT OF STATE, Washington, October 18, 1861.

Brig. Gen. ANDREW PORTER, Washington, D. C.

GENERAL: I will thank you to transmit to this Department the oaths of allegiance (and stipulations made if any) required of persons heretofore discharged by order of the Secretary of State, and in all cases hereafter to send such papers to this Department when executed by prisoners released by his direction.

I am, general, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., October 18, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to inclose a list of prisoners brought to Fort McHenry within the last three days. All but Julius, of whom I know {p.108} nothing, are implicated in the same criminal acts-recruiting and forwarding men to the Confederate Army. Julius is said to have been concerned in facilitating their passage across the Potomac. It is desirable that they should be sent away from Fort McHenry to some place of security more distant from their friends who are constantly seeking access to them.

I am, very respectfully,

JOHN A. DIX, Major-General, Commanding.

[Inclosure.]

List of prisoners sent to Fort McHenry, October 16, 1861.

William F. McKewen was clerk to the board of police commissioners. He is an active and dangerous rebel; was the leader and adviser of the old police in their rebellions opposition to the Government; he was detected in enlisting men for the rebel army and was going himself.

Robert Renwick, a cabinetmaker of Scotch birth; very boisterous and obnoxious in his opposition to the Government. He was detected in enlisting men for the rebel army. A box of minie rifle balls was found on his premises.

R. H. Bigger, a lawyer; believed to have been commissioned by the rebels as a recruiting officer here. He was detected enlisting men for the rebel army in connection with the two first named in this list (McKewen and Renwick).

George Julius was sent here by General Banks. He has been engaged for some time past in conveying recruits across the Potomac at Marsh Run.

Charles D. French, implicated with Bigger in recruiting for the rebel army.

Robert Ran, implicated with Bigger in recruiting for the rebel army.

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FORT HAMILTON, New York Harbor, October 18, 1861.

E. DELAFIELD SMITH, Esq., District Attorney, New York, N. Y.

SIR: Will you do me the favor to ask Judge Garrison, and please obtain it under his signature, if I go to New York or Brooklyn whether I shall be subject to arrest under his aid warrant and fined?

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel.

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[FORT COLUMBUS,] October 18, 1861.

Colonel LOOMIS, Commanding.

COLONEL: The prisoners of war J. W. and E. B. Cornell state that their views and feelings have been correctly represented by Mr. E. Cornell in his letter to the Secretary of State, but they decline taking the oath of allegiance, and state that in the event of their doing so their property in North Carolina will be confiscated to the use of the rebellious States and their family turned out of doors. They are willing to take an oath not to bear arms or serve in any military capacity against the Government on condition of being released.

J. UPDEGRAFF, Captain, Fifth Infantry.

{p.109}

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HEADQUARTERS OF THE ARMY, Washington, October 19, 1861.

The undersigned, General-in-Chief of the Army, has received from the President of the United States the following communication:

WASHINGTON, October 14, 1861.

Lieut. Gen. WINFIELD SCOTT:

The military line of the United States for the suppression of the insurrection may be extended so far as Bangor in Maine. You and any officer acting under your authority are hereby authorized to suspend the writ of habeas corpus in any place between that place and the city of Washington.

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD, Secretary of State.

In accordance with the foregoing warrant the undersigned devolves on Bvt. Col. Justin Dimick, U. S. Army, commanding Fort Warren, Boston Harbor, a like authority within the limits of the city and harbor of Boston to execute in all proper cases the instructions of the President.

WINFIELD SCOTT.

By command:

E. D. TOWNSEND, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, October 19, 1861.

Maj. Gen. JOHN A. DIX, Baltimore, Md.

GENERAL: I have the honor to acknowledge the receipt of your communication of the 18th instant and its inclosure relative to prisoners received at Fort McHenry within the last three days. In reply I have to inform you that arrangements are to be made to provide suitable places of confinement near Boston and at some point in the West which will probably be completed in a few days. When this is done the prisoners at Fort McHenry can be transferred as you suggest.

I am, general, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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DEPARTMENT OF STATE, Washington, October 19, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: Herewith I have the honor to inclose by direction of the Secretary of State for your information copies of two letters addressed to the President by B. P. Loyall and W. H. Ward, late lieutenants in the Navy of the United States.

I have the honor to be, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

[Inclosure No. 1.]

FORT LAFAYETTE, New York Harbor, October 15, 1861.

His Excellency the PRESIDENT OF THE UNITED STATES.

SIR: A week ago I received from the honorable Secretary of the Navy a communication informing me that by your order my name had {p.110} been stricken from the rolls of the U. S. Navy. This in consequence of my “having refused to take the oath of allegiance to the United States.” By this exercise of the power vested in you I have been punished for an alleged offense. It is not for me to comment upon the justice of my dismissal, but in the most respectful manner I do complain of my imprisonment, which must in your judgment result from some act of mine deserving of it and from your right to inflict it. By no act nor intention nor in any manner whatsoever have I offended against the military or civil law of the United States, except having refused to obey an order which you deem merited say dismissal from the naval service.

Being thus released from my duty as an officer of the Government by you it is impossible for me to see by what right I am detained in confinement. I hope, sir, that you will see the truth and reason in my case as I state it, The position of an enemy to the United States is being forced upon me by my continuance in prison. I am confident that nothing upon the records of the Navy Department will warrant such treatment, and with all respect I ask you to release me and to restore to me that liberty of person to which every innocent man is entitled. In the name of law and justice I respectfully protest against my detention in prison.

I am, sir, most respectfully, your obedient servant,

B. P. LOYALL, Late Lieutenant in the U. S. Navy.

[Inclosure No. 2.]

FORT LAFAYETTE, October 15, 1861.

His Excellency the PRESIDENT OF THE UNITED STATES.

SIR: Whilst on board the U. S. ship Macedonian in the Gulf of Mexico in May last I tendered my resignation as a lieutenant in the U. S. Navy. From the date of my resignation (May 26) up to the 12th day of August-when I received a communication from the Navy Department informing me that my name had been stricken from the rolls of the Navy-I continued performing my duty faithfully to the Government. On the receipt of my dismissal from the Navy I in good faith, never dreaming of injustice at the hands of the United States Government, accepted a passage home in the U. S. store-ship Release, kindly granted by Lieutenant-Commander Frailey. On my arrival in New York on board the aforesaid U. S. vessel I was arrested without any charge being made against me on the 31st day of August last, and have been confined in the fort up to the present date without being charged-with any offense whatsoever. Conscious as I am of having committed none I respectfully call your attention to this act of injustice in that I confided in the United States Government for my assurance and right to personal liberty, and protest against my past, present and future confinement.

I am, very respectfully, your obedient servant,

W. H. WARD.

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HEADQUARTERS OF THE ARMY, Washington, October 19, 1861.

Bvt. Col. J. DIMICK, U. S. Army, Boston, Mass.

SIR: Von have been assigned to the command of Fort Warren, Boston Harbor, that you may take charge of the political prisoners and {p.111} prisoners of war who may be sent there for safe-keeping. His excellency the governor of Massachusetts will detail a battalion of volunteers as a garrison for the fort on your application to him, which application the General-in-Chief desires you to make as early as practicable as the order for transferring the prisoners from New York Harbor cannot be given until you are established at Fort Warren. The general desires you to be governed by the following general instructions:

First. That the prisoners be securely held and that they be allowed every privilege consistent with this end, including opportunity to take air and exercise and be treated with all kindness.

Second. That a record be kept of the name, dates of confinement and release of the prisoners.

Third. That they may be permitted to provide themselves with such comforts as they require, if they have the pecuniary means; that they be allowed to receive under proper inspection articles of food, clothing and small sums of money not exceeding $20 at a time, &c., which may be sent them by friends.

Fourth. That they be allowed to transmit and to receive unsealed letters through your hands which on inspection shall be found to contain nothing inflammatory or injurious to the United States, and to receive or purchase the newspapers of the day. You will use your own discretion whether to forward or return to the writers as improper such communications as you receive from or for the prisoners, and in case of doubt you will forward them to this office for consideration.

Fifth. That personal intercourse with visitors be not allowed them except by express permission from proper authority in Washington, and then only in the presence of an officer.

Sixth. That when released by proper authority prisoners shall be examined to see that they bear upon their persons no unauthorized communication from those left in the fort.

Seventh. That an exact account be kept of the subsistence and clothing issued by the Government to each person. You will receive without other special instructions in each case all prisoners who may be delivered to you by order of the Secretary of War or State or by the U. S. marshal for the district. Should writs of habeas corpus be served on you for the production of any prisoners of war you will respond thereto that they are held as prisoners of war, and in these cases and also in any case of a political prisoner you will reply you deeply regret that pending existing political troubles you cannot comply with the requisition of the honorable judge. If then a writ of attachment is attempted to be served on you you will resist being taken yourself or having your prisoners liberated with all the force at your command. The President’s authority to suspend the writ of habeas corpus at Fort Warren is herewith inclosed.

You will keep well on your guard against any possible attempt to liberate your prisoners by a coup de main from the sea.

The Quartermaster’s and Subsistence Departments have given orders for putting the quarters at Fort Warren in comfortable condition, and for supplying the post with provisions. Report by telegraph to this office when you are ready to have the prisoners transferred from New York Harbor.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND, Assistant Adjutant-General.

{p.112}

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HEADQUARTERS OF THE ARMY, Washington, October 19, 1861.

WILLIAM COXE DUSENBURY, Esq., No. 142 Broadway, New York.

SIR: Your letter of the 15th of October in relation to visiting the prisoners of war on Governor’s Island, N. V., has been submitted to the Department of State and the following is the reply thereto:

No objection is entertained to the sending of contributions of any kind toward the comfort of prisoners, but visits to them by any persons for supposed philanthropic objects cannot be approved.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND, Assistant Adjutant-General.

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FORT LAFAYETTE, N. Y., October 19, 1861.

Hon. WILLIAM H. SEWARD, Washington, D. C.:

I beg leave respectfully to bring my case to your notice, my long confinement proving very disastrous to my family. Late in June my vessel was chartered by McConkey & Co. to go down to the Patuxent River to get off a vessel wrecked or ashore there. The charter party was a written one and with parties with whom I had no previous acquaintance, and it is still in my possession and Mr. McConkey has a counterpart. The vessel ashore was the schooner Robert L. Seth, on the Patuxent at the mouth of Town Creek.

A few hours before my starting a Mr. Tyte, who was a partner with me in the job, told me that about eight persons going to within a mile or two of my destination would like to avail themselves of the opportunity to go down if I would give them passage, they finding themselves with provisions. I understood they were laboring men and mechanics looking for employment. I had never seen them nor heard of them until then. I landed them within three miles of the vessel ashore.

A squall came up and blew my vessel (the Alverda) ashore, and the water continued so low with constant blows that although part of the time I had lighters I was unable to get her off. My men left and Mr. Tyte went to Baltimore to get assistance. Previous to this the steamer Chester arrived with Massachusetts volunteers on board inquiring for the schooner Georgiana; and sent U. S. deputy marshals on board to examine my vessel and left me. I was alone on board. Subsequently the steam tug Vigilant and sloop William Byrne came down and sent a canoe with deputy marshals demanding my papers. I showed my papers, which they proposed to retain, and said I must go with them to General Banks, and was carried on board the sloop William Byrne and delivered up to Lieutenant Pickett. Some of the men went on board my vessel, opened my cabin and lockers, took papers, clothing, &c.

The Vigilant went out cruising in the bay while the sloop remained at anchor, and meeting with the gun-boat Yankee, Commander Craven, came back followed by the Yankee, who suspected these vessels and demanded their papers, and finding they were out upon an unauthorized expedition threatened to take them prisoners to Annapolis or Baltimore. I was ordered on board the Yankee. Commander Craven made inquiry of me as to the party I had carried down all of which I told him. When learning that my vessel was nearly afloat he said he could tow her off in a few minutes and would do so. This was on Saturday evening. {p.113} On Sunday morning he determined to go down the Potomac and ordered me as I understood to my own vessel, instead of which I was taken back to the sloop and sent off to Baltimore, they leaving my vessel in charge of a man, and at Fort McHenry I was landed and delivered up to General Banks and in charge of Major Morris.

General Dix arrived about that time, and at my instance on telling him the condition of my vessel, my only means of support, he promised to look into the matter. Meantime orders for transfer of the prisoners there to Fort Lafayette being sent on, I was transferred to this place and have had no opportunity of having my case presented to Government, while my family are suffering. The truth of all I say can readily be verified. I have never at any time had complicity or in any way knowingly done anything which I could not openly do with knowledge of the Federal authorities, and all who know me can testify that I have not interested myself in the present trouble so far even as to discuss them. I have at no time either said or done anything knowingly to which the authorities could take exceptions, and when I took these persons as passengers I had no suspicion that the parties were other than what they were represented, and upon the errand stated. Upon this statement of facts, which can be established, I sincerely hope that I will be released from a confinement so burdensome to my family, dependent upon my labor.

I am, sir, most respectfully, your obedient servant,

CHARLES M. HAGELIN.

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HEADQUARTERS, Fort Columbus, October 20, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I send you list of prisoners confined in this harbor under my command. ... The political prisoners were sent from Baltimore by order of Major-General Dix. Marshal Kane was brought here by your order to the marshal of New York.

Very respectfully, your obedient servant,

G. LOOMIS, Colonel, Fifth Infantry, Commanding.

[Inclosure.]

List of political prisoners paroled end quartered in Fort Columbus, New York Harbor.

Name.When received.Remarks.
George Armistead AppletonSept. 13, 1861Political prisoner.
George P. KaneOct. 11, 1861Do.
M. J. GradySept. 18, 1861Do.
Thomas ShieldsdoDo.
David SummersdoDo.
David H. LucchesidoDo.
George ThompsondoDo.
Jehu L. BouldindoDo.
A. WilliamsondoDo.

DEPARTMENT OF STATE, Washington, October 21, 1861.

H. M. HOXIE, Esq., U. S. Marshal, Des Moines, Iowa.

SIR: Information has been lodged with this Department that persons in the State of Iowa are disloyal and co-operating with those in arms {p.114} against the authority of the Government of the United States, and that others are engaged in transporting gunpowder across the State for the insurrectionists. You will please confer with the U. S. district attorney and arrest and commit to military custody any such persons and report to this Department.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, October 21, 1861.

W. H. F. GURLEY, Esq., U. S. District Attorney, Davenport, Iowa.

SIR: Your communication of the 9th instant addressed to the Hon. Caleb B. Smith, Secretary of the Interior, and by him referred to this Department has been received. In reply I have to inform you that instructions have this day been issued from this Department addressed to the U. S. marshal for the district of Iowa directing him to confer with you and arrest and commit to military custody any persons disloyal and co-operating with the insurrectionists and report to this Department.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Acting Secretary.

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DEPARTMENT OF STATE, Washington, October 21, 1861.

Col. G. LOOMIS, U. S. Army, Commanding, &c., Fort Columbus, N. Y.

COLONEL: You will please release J. W. Cornell and E. E. Cornell, prisoners of war confined at Fort Columbus, New York Harbor, on their engaging upon oath not to leave the State of New York during the present hostilities without permission from the Secretary of State nor to hold any treasonable correspondence themselves nor be concerned in any nor to do any act hostile or injurious to the Government of the United States, and report to this Department.

I am, colonel, very respectfully, your obedient servant,

F. W. SEWARD, Acting Secretary of State.

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DEPARTMENT OF STATE, Washington, October 21, 1861.

SAMUEL HILL, Esq., Postmaster, Deer Creek, Pick away County, Ohio.

SIR: Your communication of September 7, ultimo, in reference to the treasonable conduct of the Circleville Watchman addressed to the Hon. Simon Cameron, Secretary of War, and by him referred to this Department has been received. In reply I have to request that if the journal referred to continues in the course complained of you will forward some recent numbers to me by mail.

I am, sir, your obedient servant,

F. W. SEWARD, Acting Secretary.

{p.115}

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., October 21, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to inclose a letter from Mayor Brown. I know Capt. Charles M. Hagelin, and had several conversations with him before he left Fort McHenry. He is a person of very simple character and without influence. I am inclined as I was while he was here to believe his statement. But whether true or not I think he has been sufficiently punished and recommend his immediate release. The closing paragraph of Mayor Brown’s letter will attract your attention without any suggestion from me.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

[Inclosure.]

FORT LAFAYETTE, October 8, 1861.

His Excellency ABRAHAM LINCOLN, President of the United States.

SIR: I respectfully ask your attention to the case of a citizen of Baltimore who is confined in this fort. He is Capt. Charles M. Hagelin, aged forty-nine years, and for twenty-seven years a resident of Baltimore. In March he invested nearly all his hard earnings in the purchase of a schooner called the Alverda in which he made but two trips. The first was to the Patuxent for a load of wood; the second was to the same river for the purpose of getting off a vessel which had run aground. On this trip he was requested to take ten men as passengers who were represented to be mechanics in search of employment. He consented, and it was not until after the voyage had begun and when it was nearly over that he ascertained from the conversation of these men that most of them designed to go to Virginia.

On the 19th of July, some time after his arrival in the Patuxent River, Captain Hagelin and his vessel were seized. He was brought here, and his vessel, as he is informed after having been stripped, is left aground on the shores of the Patuxent. Thus Captain Hagelin is likely to be deprived of nearly everything he is worth, has been subjected to a long imprisonment, and is taken away from his wife and children who look to him for support, for no act except having taken on board his vessel a few passengers whose business and purposes he did not scrutinize before receiving them.

These are the statements of Captain Hagelin, and have gained the entire confidence of his fellow-prisoners including myself in consequence of the simplicity of his character and the gentleness and propriety of his whole demeanor. He is a Swede by birth, a perfectly harmless person, and with neither power nor disposition to do injury to the Government. There are doubtless other cases here equally worthy of examination and relief, but as Captain Hagelin is one of my constituents and has personally interested me I confine my application to him. I hope that it will meet with a favorable consideration.

I cannot close, however, without calling your attention to the condition of the prison. My official duty has made me somewhat familiar with the management of similar institutions, and I do not hesitate to say that the arrangements here are inhuman and disgraceful to the {p.116} Government of the United States, and I apprehend that serious illness among the inmates will be the consequence.

Respectfully, your obedient servant,

GEO. WM. BROWN, Mayor of Baltimore.

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FORT LAFAYETTE, New York Harbor, October 21, 1861.

Lieut. Col. M. BURKE, Commanding Forts Hamilton and Lafayette.

COLONEL: I find on inquiry of the prisoners that they do not care about having a chaplain. Some of them on being asked replied, “No; especially an abolitionist.” In making this report I give the expression of the majority.

I am, colonel, with respect, your obedient servant,

CHAS. O. WOOD, Second Lieutenant, Ninth Infantry, Commanding Post.

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DEPARTMENT OF STATE, Washington, October 22, 1861.

Maj. Gen. JOHN A. DIX, Baltimore, Md.

GENERAL: I have the honor to acknowledge the receipt of your communication of the 21st instant with its inclosure from Mayor Brown. In reply I have to inform you that I have directed Colonel Burke to discharge Capt. Charles M. Hagelin on his taking the oath coupled with certain obligations.

I have the honor to be, general, very respectfully, your obedient servant,

F. W. SEWARD, Acting Secretary.

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DEPARTMENT OF STATE, Washington, October 22, 1861.

Lieut. Col. MARTIN BURKE, Fort Lafayette, N. Y.

SIR: Let Charles M. Hagelin, a prisoner confined in Fort Lafayette, be released on taking the oath of allegiance to the Government of the United States stipulating that he will neither enter any of the States in insurrection against the authority of the United States Government nor hold any correspondence whatever with persons residing in those States without permission from the Secretary of State; and also that he will not do anything hostile to the United States during the present insurrection. You will please make the stipulations a part of the oath. I transmit this order to Robert Murray, esq., U. S. marshal, who has been instructed by this Department to cause a police examination to be made in some cases of the persons and baggage of prisoners discharged from custody to the end that no correspondence or other improper papers be conveyed by them to persons outside the fort.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Acting Secretary.

{p.117}

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OFFICE OF TEE U. S. DISTRICT ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW YORK, New York, October 22, 1861.

Lieut. Col. MARTIN BURKE.

MY DEAR SIR: I have obtained the inclosed from Justice Garrison. You need not fear arrest. If you have any trouble see me; but you will not.

Truly, yours,

E. DELAFIELD SMITH.

[Inclosure.]

BROOKLYN, October 22, 1861.

The process spoken of has been returned, and of course I will not of my own motion issue any other.

SAML. GARRISON, Kings County Judge.

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SAINT LOUIS, October -, 1861.

Hon. W. H. SEWARD, Secretary of State:

I telegraphed* the Secretary of War on the 16th instant informing him that there were in this city from 50 to 100 dangerous secessionists, and that circumstances might make their arrest necessary. Also that we had no suitable place of detention for such a large number of prisoners, and suggesting their removal in a certain contingency to the fort at Mackinac. My telegraph has not been answered. Some of the persons referred to have been arrested. They ought by all means to be detained. Please answer and state the disposition which you think ought to be made of them.

JOHN McNEIL, Colonel Nineteenth Missouri Vols. and Asst. Provost-Marshal.

* See Vol. I, this series, p. 134.

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FORT McHENRY, October 23, 1861.

Hon. SIMON CAMERON and Hon. WILLIAM H. SEWARD:

Fort McHenry is very small and is filled up by the garrison. We have not room for the accommodation of prisoners or the means of providing for their comfort. Seven prisoners of war from General Banks’ column and four state prisoners engaged in secreting a balloon in Delaware came in last night. We have now over twenty confined in one room and cell.

JOHN A. DIX.

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DEPARTMENT OF STATE, Washington, October 23, 1861.

Maj. Gen. JOHN A. DIX, Baltimore, Md.:

Send the prisoners mentioned in your dispatch to Fort Columbus, N. Y., and report names to me.

WILLIAM H. SEWARD, Secretary of State.

{p.118}

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DEPARTMENT OF STATE, Washington, October 23, 1861.

Maj. Gen. N. P. BANKS, &c.

GENERAL: I learn that Mr. Barnard, who is an agent of the Associated Press, is with your army. Information which leaves no room for mistake satisfies me that until last May he was an agent of the disunionist press in this city. You will I think do well to have his correspondence strictly observed and to guard against any treachery on his part.

I am, general, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, October 23, 1861.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: Complaints still come that the comforts which might be allowed the prisoners at Fort Lafayette are not enjoyed by them. Although these complaints have their origin in reports which arose before you went there to look after the comfort of the prisoners you will proceed again to the fort and remedy what admits of remedy. ...

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, October 23, 1861.

DAVID H. CARR, Esq., U. & Marshal, New Haven, Conn.

SIR: Your communication* of the 17th instant addressed to the Hon. Simon Cameron, Secretary of War, and by him referred to this Department has been received. In reply you are authorized to arrest and send to Fort Lafayette any persons engaged in inducing soldiers to desert or otherwise obstructing the recruiting officers in the discharge of their duties. It is to be hoped that the exercise of this authority in a few cases will serve as an example which will deter the class of persons referred to from their disloyal practices.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

* Not found.

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WASHINGTON, October 25, 1861.

Honorable SECRETARY OF STATE.

DEAR SIR: I returned from Canada this morning. I found at the Clifton House, Niagara Falls, a large number of prominent secessionists who have just returned from Europe. I would like an order for the arrest and conveyance to Fort Lafayette of S. W. Ashly and O. B. Caruthers, the first named being a member of the so-called Confederate Congress at this time. These traitors are awaiting an opportunity to go South. They have very important correspondence in their possession some of which I have seen. I am confident I shall succeed in inducing them to visit our side of the river, which of course will be the only opportunity of arresting them.

Yours, very respectfully,

L. C. BAKER.

{p.119}

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DEPARTMENT OF STATE, Washington, October 25, 1861.

L. C. BAKER.

SIR: You will arrest S. W. Ashly and O. B. Caruthers and convey them to Fort Lafayette. Secure their papers and rent them to this Department. This process is not to be executed outside the United States.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, October 25, 1861.

Hon. W. H. SEWARD, Secretary of State.

SIR: I have sent to Fort Columbus to-day the following prisoners, viz: William F. McKewen, R. H. Bigger, Robert Renwick, Charles D. French, citizens of Baltimore, confined October 16, 1861; Robert Rae, confined October 17, 1861. ... John D. Sudendorf, citizen or supposed to be so, but acting in the capacity of a spy in conveying information to the rebels. Thomas B. Giles, Joseph Bacon, S. B. Frost, citizens of Delaware, confined October 23, 1861.

I have the honor to be, your obedient servant,

JOHN A. DIX, Major-General, Commanding.

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DENVER, COLO. TER., October 26, 1861.

The PRESIDENT OF THE UNITED STATES:

Resting under the impression that most of our letters to Washington miscarry unless they go by private hand and that the governor does [not] attach the same importance to frequent reports to the Government that I do, I venture to overstep my line of official duty by writing you again.

We have news to-day that Captain Otis, at Fort Wise, captured a portion of the rebels raised in this Territory by the notorious Captain McKee to whom I recently denied the writ of habeas corpus. They had attacked a party of loyal people on the Arkansas, who found a way to send word to Fort Wise; when Captain Otis sallied out with his cavalry and made them prisoners. That will help us some if it does not bring upon us the Cherokees who have joined the rebels and are quick to avenge what they conceive to be an insult to Georgians. To make this point apparent to you it is needful to say that the gold of this region was first discovered by Georgians and Cherokee half-breeds, who have served as mountaineers here for twenty years. The road which sweeps from the Indian reservations south of Kansas through here to what is called on the maps the South Pass bears the name of the Cherokee trail; and although the Cheyennes have traveled it most lately they still claim it as theirs. In consequence of their relationship to and old association with Georgians the thousands of Georgians residing here from whom the rebellion arose appeared to calculate from the start that they could make a conquest of Colorado by the aid of the Cherokees. The notorious A. B. Miller, who headed the first party of rebels here, went at first to Fort Smith and leaving his party there went to Richmond for orders, and then returned to the Cherokees. {p.120} That would seem to mean that he is to lead them here unless the movements of General Frémont shall scatter them in some other direction.

The governor having gotten some ammunition from Laramie we begin to feel some confidence in our own strength. Heretofore with the single exception of one or two arrests I have been obliged to face this rebellion alone, except with the aid I received from the marshal. But I think we shall keep the rebels under. Will the President cause us to be informed how we shall subsist these political prisoners?

I have the honor to be, sir, Your Excellency’s obedient servant,

BENJ. F. HALL, Chief Justice of Colorado.

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OFFICE OF THE U. S. ATTORNEY FOR THE DISTRICT OF NEW JERSEY, Newark, October 26, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I duly received your telegram in answer to my letter of the 8th instant directing me to arrest James T. Cochrane and Wormell and to libel the property. These parties fled at the first seizure of the goods, and although I have had the officers on the watch ever since I have not succeeded in effecting their arrest. I have libeled the 107 machines found in Cochrane’s factory, and also 300 files found in a file manufactory, part of 1,500 that have been made this summer for these cotton-gin sharpeners; the others have been sent South.

Very respectfully, your obedient servant,

A. Q. KEASBEY, U. S. Attorney.

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HEADQUARTERS OF THE ARMY, Washington, October 26, 1861.

Col. G. LOOMIS, U. S. Army, Commanding Fort Columbus, N. Y.

SIR: The General-in-Chief directs that the political prisoners and prisoners of war confined at the several posts in New York Harbor be sent by sea under charge of a vigilant officer and strong guard to Fort Warren, Boston Harbor. Colonel Dimick, U. S. Army, has arrived in Boston under instructions to take command at Fort Warren, and the prisoners will be delivered to him. Colonel Burke has been instructed to turn over the prisoners under his charge on your application. You will call on the quartermaster in New York to furnish steam transportation.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND, Assistant Adjutant-General.

Copy for Lieutenant-Colonel Burke, who will turn over the prisoners under his charge on the application of Colonel Loomis.

By command of Lieutenant-General Scott:

E. D. TOWNSEND, Assistant Adjutant-General.

{p.121}

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U. S. MARSHAL’S OFFICE, SOUTHERN DIST. OF NEW YORK, New York, October 28, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: In obedience to your instructions I yesterday proceeded to Lafayette to examine the situation of the prisoners there, and in order to have the concurrent testimony of others I selected Mr. Simon Draper, who is connected with the charitable institutions of the State, and Mr. Senator Ferry to accompany me. After a thorough examination of the situation of the prisoners there we came to the conclusion that sufficient food of a good quality was supplied to them, and that their wants in other particulars were well attended to with the exception of the cooking arrangements: Soldiers are employed to do this business who have no knowledge of it, and it would be desirable to have two cooks appointed who could attend to this branch of the department.

Amongst the prisoners we found a number of men who occupy no social position and who have no standing in the community and whose room would be more beneficial to the Government than the space they occupy. The main difficulty with regard to the comfort of the prisoners in the fort is the want of sufficient room, and by discharging those whom it is of no interest to the Government to retain this difficulty would be obviated. These men it would appear to me could not do the Government any mischief, and it is only a matter of surprise how they came to be arrested. I would therefore advise that some competent person or persons should be named by you to examine into the charges against these men and report to you for your final action in the premises. Lieutenant Wood, in command of the fort, complains that his duties are very onerous, having in charge from $5 to $15,000 belonging to the prisoners which he disburses on their order. Of course under these circumstances his time is almost entirely occupied and he is unable to render those services which he ought to be able to render to the prisoners.

I have therefore no hesitation in saying that it would only be right and proper that he should have a secretary appointed to assist him, to be selected according to your instructions. I would suggest that as soon as the room could be spared that a hospital should be set apart for those who are suffering from sickness in order to separate them from those who are in good health.

Very respectfully, yours,

ROBERT MURRAY, U. S. Marshal.

P. S.-Mr. Draper and Senator Ferry concur in the above recommendation.

R. MURRAY.

[Indorsement.]

OCTOBER 29, 1861.

Respectfully referred to Lieutenant-General Scott with a request that he will make an order for the military matters within mentioned.

WILLIAM H. SEWARD.

{p.122}

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OFFICE OF PROVOST-MARSHAL, Saint Louis, Mo., October 28, 1861.

Brig. Gen. W. T. SHERMAN, Commanding Department of the Cumberland.

GENERAL: I send herewith a statement made by a prisoner who was arrested by my orders for going South contrary to an order issued from this department on the 30th of August. My object in sending it is to bring to your notice the route-although I presume you have taken measures to close it-pursued by the prisoner. I understand from other sources that the aforesaid route has been largely traveled by persons desiring to evade the order in reference to non-intercourse with the South.

I have the honor to be, very respectfully, yours,

JOHN MCNEIL, Colonel Nineteenth Missouri Volunteers, Provost-Marshal.

[Inclosure.]

SAINT LOUIS, October 23, 1861.

Col. JOHN MCNEIL.

SIR: I was informed this morning by Mr. Caffrey that you did not consider my letter of yesterday’s date as satisfactory, it not giving the route by which I went to New Orleans. I now state that I went by railroad to Evansville, Ind.; by river to Henderson, Ky.; from there by stage to the Tennessee State line, where I took the railroad to Brookhaven, Miss.; from there by buggy to Natchez, Miss., and thence by river to New Orleans. Returning I came by railroad to Memphis, where I stopped one day and a half to collect some debts; went from there to Natchez, where I arrived on Saturday noon; collected some debts and returned from there on Sunday to State line by railroad, by stage to Henderson, Ky.; from there by Government steamer Storm to Evansville and by railroad home.

I do not consider that I have committed any offense by making the trip to the South as I went solely on our commercial business to collect moneys we required in our business and which there was danger of being confiscated. I will further state that I remained at the several places which I visited only time enough to transact my business, and left by first conveyance I could get. The following named gentlemen will I feel confident bear me out in my assurance of loyalty to the Government under which we live: Albert Pearce, esq., George Pegram, esq., William J. Hazard, esq., Messrs, S. M. Edgell & Co., Messrs. William Matthews & Co., and Messrs. John J. Roe & Co.

Very respectfully,

M. YOLAN.

[Indorsement.]

Respectfully referred to Major Corwine, judge-advocate.

This man left after the proclamation of martial law, passing our lines each way without permission and in defiance of orders, and now pleads ignorance.

JOHN McNEIL, Assistant Provost-Marshal.

{p.123}

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DEPARTMENT OF STATE, Washington, October 29, 1861. Lieut.

Col. MARTIN BURKE, Fort Lafayette, and Col. G. LOOMIS, Fort Columbus, N. Y.

GENTLEMEN: I have requested Seth C. Hawley, esq., to visit the forts in New York Harbor for the purpose of reporting to this Department the names of such among the prisoners there confined as may with propriety be released. You will please render such aid in the prosecution of his errand as may be necessary, and grant to him full permission to visit all the forts under your respective commands.

Very respectfully, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, October 29, 1861.

SETH C. HAWLEY, Esq., New York.

SIR: I inclose herewith an extract* from a communication received at this Department from Robert Murray, esq., U. S. marshal for the southern district of New York. Will you please examine the matter and report to me the names of such persons as in your judgment may with propriety be released on taking the oath of allegiance.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* See Murray to Seward, October 28, ante.

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EXECUTIVE DEPARTMENT, Albany, October 29, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: The Rev. H. Dunn called on me on Saturday last and made certain statements in regard to the fitting out of vessels at Montreal destined for Southern ports. I requested him to put the information in the form of a letter, and I take the liberty of inclosing a copy of his statement herewith for such consideration as you may deem it entitled to.

I am, with high regard, your most obedient servant,

E. D. MORGAN, Governor of New York.

[Inclosure.]

[ALBANY], October 26, 1861.

Governor MORGAN.

DEAR SIR: The substance of the statement which you wish me to commit to paper is this:

There is a vessel now being loaded in Montreal destined to a Southern port. Consul Mure and his two brothers who are there are supposed to be interested (John Mure especially so) in the enterprise. The captain of this vessel boasts that he has twice run the blockade. I also give it as my opinion that there was not sufficient efficiency in the consulate to meet the present emergency. Not that I call in question the integrity or ability of the consul-general, but first he is a very old man for such a place; and second his home is in Ohio and he is necessarily much of his time with his family. The deputy who is the acting consul is manager of nearly all the express companies of both provinces. He has no time or disposition to make himself active in defeating rebel designs. At Quebec where beyond measure we need a consul there is but an agent. Montreal and Quebec are full of secessionists. Probably {p.124} nearly or quite 100 refugees from the South are at those two places. If I were permitted to suggest it would be the appointment at once of a consul at Quebec, and employing an efficient detective agent at Montreal who would telegraph to the agent at Rouse’s Point or other places when secessionists were going South and keep the Government informed of their measures generally.

It is true that through Mr. Weed I have asked for the consulate at Quebec if one be created there and would be much obliged for your own influence in that direction if you feel free to give it; yet it is above all personal consideration that influences my opinion in this case.

Most respectfully,

H. DUNN.

P. S.-Another fact is worthy of notice. Funds are being constantly sent from the South to these insurgents of ours in Montreal and Quebec. Should such funds be permitted to pass?

H. D.

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NEW YORK, October 29, 1861.

Hon. W. H. SEWARD:

Will you continue countermand* of order for removal of Fort Lafayette prisoners until I see you? I leave for Washington to-morrow morning.

W. H. LUDLOW.

* No countermand order can be found.

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FORT HAMILTON, New York Harbor, October 30, 1861.

Col. E. D. TOWNSEND, Asst. Adjt. Gen., Hdqrs. of the Army, Washington, D. C.

SIR: Inclosed you will receive Lieutenant Wood’s report disposing of the prisoners in Fort Lafayette up to this date. If you do not consider the suggestion an improper one I would most respectfully ask the General-in-Chief to signify direct or through me his approbation of Lieutenant Wood’s conduct while in charge of the prisoners at Fort Lafayette. I am aware that in ordinary cases these duties would be considered merely as a part of the ordinary routine of the service but so highly do I estimate Lieutenant Wood’s exertions in the discharge of these most onerous duties that I cannot refrain from submitting a suggestion of this nature to the General-in-Chief, Lieutenant Wood having in my opinion while stationed at Fort Lafayette rendered services equivalent to those of three good officers.

I have the honor to remain, sir, your most obedient servant,

MARTIN BURKE, Lieutenant-Colonel, U. S. Army, Commanding.

[Inclosure.]

FORT LAFAYETTE, New York harbor, October 30, 1861.

Lieut. Col. M. BURKE, Commanding Ports Hamilton and Lafayette.

COLONEL: In obedience to your instructions* I have delivered into the custody of [Lieut.] John L. Buell, Fourth Infantry, all the prisoners {p.125} of war and state confined at this post and hold his receipt for the same. I also as per instructions sent twenty men of the detachment under my command as guard and furnished three days’ cooked rations for both prisoners and guard.

I am, colonel, with respect, your obedient servant,

CHAS. O. WOOD, Second Lieutenant, Ninth Infantry, Commanding Post.

* To send the political prisoners to Fort Warren. See Townsend to Loomis, Oct. 26, p. 120.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &c., Fort Monroe, Va., November 1, 1861.

Maj. Gen. B. HUGER, Commanding at Norfolk, Va.

GENERAL: I received your several communications of the 23d and the 29th ultimo, with an indorsement on that of the 23d. In reply to the latter I have only to remark that I gave no other instructions than that I could not for the present receive passengers by flags of truce coming from Norfolk. I was not aware until you informed me that any other instructions had been given on the subject. I certainly have no intention or desire to be discourteous to General Huger.

Herewith I send by a flag of truce and commend to your care and courtesy the following-named persons: Mrs. Susan Carnes, her sister, Miss Shelton, and Miss Barker; Mrs. Reeves, her four children and female servant; Mrs. Sophia Allen and son (seven years old), and Mrs. Charles Parker, Mrs. Margaret Cormick, Mrs. Annie M. Upsher, Miss Williamson, Miss B. B. Nichols, Mrs. Julia Stillman, Mrs. Eliza Stillman, Mrs. Rachael B. Myers and her daughter, and I believe one other lady who is desirous of visiting her children and who says her husband is in the U. S. Navy. Mr. C. Drew and his daughter also go with this flag.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major. General.

P. S.-I also send under cover to you a small package of letters.

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, Louisville, Ky., November 2, 1861.

General W. T. WARD, Campbellsville.

DEAR SIR: Your letter of 31st is received. When prisoners are received have the papers all handed to Judge Bullitt, a good Union man and a member of the court of appeals, to whose decision I leave the case. We cannot imprison and keep in custody all suspected persons, and the only safe course is to follow the law of the State of Kentucky which makes arrests only proper when overt acts of treason are established. The cases you mention are certainly such as the safety of the community would justify in having imprisoned and I will caution Judge Bullitt on the point.

By my request Judge Catron has appointed a number of commissioners to reside along the line, one of whom was designed for Campbellsville. His examination and commitment will be final and will obviate our hitherto trouble of judging cases from mere letters and the explanations {p.126} of the accused. So many improper arrests were made by self-constituted authorities that there was a physical impossibility of keeping them. To inflict any cruelty on them would not be tolerated by the laws of war or peace, and the consequence is many dangerous men are set free. Judge Catron says the commissioners can put them under bond and the bond will be good against their property or the property of their sureties.

As you can well understand we would soon fill all the places of confinement in Louisville were we to arrest and imprison all who may be dangerous. Leaders and conspicuous men never should be arrested unless in strong cases, and then an examination should be had before a commissioner of the United States.

I expect you up this week.

Yours, truly,

W. T. SHERMAN, Brigadier-General, Commanding.

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DEPARTMENT OF STATE, Washington, November 4, 1861.

Maj. Gen. JOHN E. WOOL, U. S. Army, Fortress Monroe, Va.

GENERAL: I have this day received a note from Maj. Gen. George B. McClellan stating that within the past few days orders have been sent from his headquarters to you to pass over our lines two or three loyal citizens under flags of truce and that at the time of issuing of these orders it was not known to him that the power to grant such passes was confined to the State Department. He desires me to approve his action which under the circumstances I have done. You will therefore please permit the persons holding passes from him to go over our lines as directed.

I have the honor to be, general, your obedient servant,

F. W. SEWARD, Acting Secretary.

–––

DEPARTMENT OF STATE, Washington, November 4, 1861.

SETH O. HAWLEY, Esq., New York.

SIR: I have to acknowledge the receipt of your communication of the 31st ultimo informing me of your inability to execute the orders of this Department of the 29th ultimo in consequence of the removal of the prisoners from the forts in New York Harbor to Fort Warren, in Boston, Mass., and suggesting if it is the wish of the Department that you should proceed to that point and make the investigation required that instructions to the commanding officer of Fort Warren similar to those to the commandants of the forts in New York be forwarded to you.

In reply I inclose herewith such instructions to Colonel Dimick together-with a note to Robert Murray, esq., the U. S. marshal for the southern district of New York, requesting him to accompany you and to give you all the aid in his power in prosecuting your investigations.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Acting Secretary.

{p.127}

[Inclosure No. 1.]

DEPARTMENT OF STATE, Washington, November 4, 1861.

Col. JUSTIN DIMICK, U. S. Army, Commanding, &c., Fort Warren, Boston, Mass.

COLONEL: I have requested Seth C. Hawley, esq., to visit Fort Warren, Boston, for the purpose of investigating the cases of certain prisoners recently transferred from New York and of reporting to me the names of such as in his judgment may with propriety be released. He will be accompanied by Robert Murray, esq., U. S. marshal for the southern district of New York. You will please grant to both these gentlemen full permission to visit the prisoners confined in Fort Warren and render them all other aid in the prosecution of their errand in your power.

I am, colonel, very respectfully, your obedient servant,

F. W. SEWARD, Acting Secretary.

[Inclosure No. 2.]

DEPARTMENT OF STATE, Washington, November 4, 1861.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: I have requested the Hon. Seth C. Hawley to proceed to Fort Warren, Boston, Mass., and investigate the cases of certain prisoners therein confined (lately transferred from the military posts in New York Harbor) referred to in your letter to this Department of the 28th ultimo, and he has expressed a desire to avail himself of your counsel and advice in the premises. I will therefore thank you to consult freely with Mr. Hawley and if possible accompany him to Boston, and render him all the assistance you can in the prosecution of his investigations.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Acting Secretary.

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DEPARTMENT OF STATE, Washington, November 5, 1861.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: Brig. Gen. Andrew Porter, the provost-marshal in this city, has in his custody several female prisoners and it is thought advisable to transfer them to some other point where they can be more comfortably detained. Will you please proceed to Fort Columbus, New York Harbor, and make an examination of it with reference to that object and report to me as soon as you conveniently can whether in your judgment suitable accommodation can be provided therein.

I am, sir, your obedient servant,

F. W. SEWARD, Acting Secretary.

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U. S. MARSHAL’S OFFICE, Cincinnati, November 5, 1861.

Hon. W. H. SEWARD, Secretary of State, Washington, D. C.:

Inclosed please find statements of several of the most prominent citizens in Southern Ohio. I have ofttimes received statements of a similar character. I would refer you to the Hon. S. P. Chase as to the responsibility of Mr. Beckett and the other gentlemen whose names appear on the within statement.

Very respectfully, your obedient servant,

A. C. SANDS, U. S. Marshal.

{p.128}

[First indorsement.]

DEPARTMENT OF STATE, November 8, 1861.

Respectfully referred to the Secretary of the Treasury for his opinion as to the propriety of arresting the person complained of. Please return these papers.

By order of the Secretary of State:

B. D. WEBSTER.

[Second indorsement.]

SECRETARY OF STATE:

Messrs. Beckett and Tytus are best known to me of the gentlemen referred to and are highly respected citizens. The other gentlemen so far as I know enjoy the confidence of their fellow-citizens. Perhaps I ought to add, however, that I am obliged to differ from them as to the expediency of arresting Mr. Vallandigham. I return the papers.

S. P. CHASE.

[Inclosure.]

Hon. WILLIAM H. SEWARD, Secretary of State of the United States:

We, the undersigned citizens of Butler County, Third Congressional district, Ohio, having heard the speech of Hon. C. L. Vallandigham made in this city on the 12th of October, 1861, and believing it will calculate to render aid and comfort to the traitors now in hostility against the Government of the United. States by exciting sympathy for them in this community, and particularly by preventing enlistments in the volunteer service of the country and by discouraging subscriptions to the Government loan, beg leave respectfully to request that you adopt such means as will prevent this gentleman from working similar detriment to the public service in future. We herewith send the Cincinnati Commercial containing a brief abstract of the speech in question, which we pronounce generally correct as far as it goes. Of the effect of this speech in our community we can only give our opinion, which is that it has in some measure put a stop to enlistments in this community. Were we to undertake to point out wherein the Commercial’s report fails to give a full impression of Vallandigham’s language it would be in that part where he denounces the loan and tax measures, which he denounced as particularly unequal, unwise and disastrous in their results. We have only further to say that the speech in its general tone and bearing was just such a speech as might very well have been addressed to and been applauded by an audience of rebels. It was vilely denunciatory of the Administration and very kindly in its tone toward the rebels. On the subject of taxation he said that the amount to each man, woman and child would be about $30; that the people would be utterly unable to pay it, and the result would be that under the law the farms would be sold and bid in by the Government officers, and shortly afterward Government land offices would be established all over the State for the sale of forfeited farms. As to the bonds issued by the Government they would soon depreciate to 80 or 70 per cent., and thus the widows and orphans would be fleeced. And if the war went on a few years the very men who authorized the issuance of the bonds would turn round and repudiate them. We do most sincerely believe the good of the country requires that the said Vallandigham {p.129} should be forthwith arrested and taken care of until the war is ended, and we hope that Marshal A. C. Sands will be instructed to make said arrest.

F. J. TYTUS. JACOB MORRIS.

The parts of Mr. Vallandigham’s speech which we heard are correctly set forth above.

M. P. ALSTON. PHILIP BERRY. J. F. SUTHERLAND.

We, the undersigned citizens of the said Congressional district, believing the above to be a correct statement of the speech of Mr. Vallandigham and of its tendency, and considering that he has at other times and places made speeches to the same effect, and believing that he is using all his influence to defeat the efforts of the Government in crushing out the rebellion which now so seriously threatens its existence, would earnestly urge upon you the necessity of the immediate arrest of C. L. Vallandigham and of his safe-keeping until the public danger is removed.

WM. BECKETT. B. G. DYER. ISRAEL WILLIAMS. EZRA POTTER.

As to the character and responsibility of Beckett, Dyer, Williams, Tytus, Morris, Potter and Alston, and Berry and Sutherland, see Secretary Chase.

–––

PROCLAMATION.

HEADQUARTERS, Prestonburg, November 5, 1861.

Having this day occupied the town of Prestonburg with the force under my command I declare to all whom it may concern that the jurisdiction of the State of Kentucky is restored in this section of the State, and that the regular fall terms of the courts will be held in those counties in which the time for holding the same has not passed; and all civil officers are ordered to attend at the regular times and places of holding said courts and attend to the duties of their respective offices.

Given under my hand this 5th day of November, 1861.

W. NELSON, [Brigadier-General, Commanding.]

–––

DEPARTMENT OF STATE, Washington, November 7, 1861.

His Excellency WILLIAM DENNISON, Columbus, Ohio.

GOVERNOR: I have had the honor to receive your telegraphic dispatch of yesterday expressing an opinion that three brothers named Crumbaugh, from Kentucky, now held as prisoners of war, ought to be released, and requesting their discharge after taking the oath of alle-

* Not found. {p.130} giance. In reply I have to state that although reluctant even to delay a compliance with any similar request from you I am compelled by circumstances of which you may not be fully aware to postpone the release of prisoners of war from Kentucky at this juncture. This determination has been reached pursuant to the suggestion of loyal citizens of high standing in that State to which we feel bound to defer.

I have the honor to be, your excellency’s very obedient servant,

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, November 7, 1861.

THORNTON K. LOTHROP, Esq., Assistant U. S. District Attorney, Boston, Mass.

SIR: Your letter of the 4th instant* has been received. I am directed by the President of the United States to say that there being an insurrection in the United States the President has suspended the writ of habeas corpus in the State of Massachusetts and in the waters thereof so far as it may concern the action of any military or naval officer or other persons engaged in the military service or the naval service of the Union and any civil officer of the United States. No officer therefore of the United States will obey any such writ without the assent of this Department previously obtained.

I am, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

–––

WASHINGTON, November 7, 1861.

Hon. WILLIAM H. SEWARD, &c.

SIR: In a note which I had the honor to address to you on the 10th [6th] of last month I directed your attention to the unusual manner in which the master and crew of the British schooner Revere appeared to have been treated after the capture of their vessel by the U. S. ship Cambridge, and especially to the fact that two of the crew had been kept in irons.

It is now my duty to beg the Government of the United States to take into their serious consideration statements concerning another case of the same kind which have been brought to my notice by Rear-Admiral Sir Alexander Milne, commander-in-chief of Her Majesty’s naval forces on the North American and West Indian stations. It would appear from them that on the seizure by the Cambridge of another British schooner, the Louisa Agnes, for an alleged breach of blockade, two of the crew of that vessel also were put in irons and that the master did not meet with that considerate treatment which might have been reasonably expected.

I have the honor to inclose a copy of the admiral’s dispatch on the subject and an extract* from an affidavit of the master of the Louisa Agnes which accompanied it.

I have the honor to be, with high consideration, sir, your most obedient humble servant,

LYONS.

* Omitted.

{p.131}

[Inclosure.]

NILE, AT HALIFAX, October 28, 1861.

Right Hon. Lord LYONS, K. C. B., &c.

MY LORD: I deem it right to forward to your excellency the accompanying original papers relative to the capture of the British schooner Louisa Agnes, of Lunenburg, which have been forwarded to me by the owner of her cargo, Mr. Moran, a merchant of this city. I do so, however, not with any view to your excellency’s entering into the question of her capture which I presume is now before the U. S. prize courts, but of pointing out how contrary it is to the usages of war to resort to coercion upon the unresisting crews of neutral vessels detained for breach of blockade, &c., and further that I cannot but think as a naval officer that if these statements are true not only had the seamen who were put in irons strong grounds of complaint but the master had a right to look for more considerate treatment to himself personally than he appears to have received on board the U. S. ships Cambridge and Susquehanna.

It will be for your excellency to decide as to what steps if any should be taken thereon or whether any immediate representation should be made to the United States Government to prevent a recurrence of such harsh treatment to masters and crews of English vessels detained by U. S. ships of war, but whatever course may be deemed most in accordance with your excellency’s views I maybe permitted to refer to the very emphatic language used in regard to an analogous case by Sir W. Scott, in his judgment on the case of the San Juan Baptista (Robert, Adm. Reports, p. 33), wherein referring to putting the crew of a prize in irons that eminent jurist says if proved to have existed and to the extent alleged and without necessity must be pronounced disgraceful to the character of the country (Great Britain), since no one who hears me will deny that to apply even to enemies modes of restraint that are unnecessary and at the same time convey personal indignity and personal suffering is highly dishonorable.

I have, &c..

ALEXANDER MILNE.

–––

CHICAGO, November 7, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: ... A man by the name of Jewett, a son-in-law of Commodore Garrison, came to this city in the month of May last. He is Southern by birth and a strong secessionist in feeling, but says very little. He stated to a friend of his, a reliable Union man, that he was introduced to President and Mrs. Lincoln by Breckinridge last winter; that he has been in correspondence with both the President and his wife; that Mrs. Lincoln has written him several replies. Several of his recent letters to Mrs. Lincoln, copies of which he read to my informant, were substantially intended to induce her to caution the President against the Secretary of State. Whether the object of this man Jewett is to make trouble by his correspondence with the wife of the President or to obtain information by means of such replies as may be written or whether he is a mere adventurer I am at a loss to determine. I will endeavor to procure copies of his letters and forward them. I inform you of these facts, thinking that perhaps some light may be thrown upon the matter at Washington.

Very respectfully,

JOHN C. MILLER.

{p.132}

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SARATOGA SPRINGS, N. Y., November 7, 1861.

Hon. WILLIAM H. SEWARD. Secretary of State.

SIR: The desire to furnish information that may possibly be of service to my Government will serve as an apology for my addressing you directly. I would refer to the acquaintance which I bad the honor of having with you when residing in Albany simply to secure a favorable consideration of the subject of this letter. I have just been informed by a gentleman of high respectability that the traitor Beauregard has a nephew in Montreal with whom he maintains a constant semi-weekly correspondence through the mail under cover to the president of the Bank of Montreal. The Government may be in possession of the information already, but if not it seems to me to deserve their attention. There can be no doubt that the rebels gain very accurate information of the intentions of our Government, and this may be one of the methods by which it is obtained. It also seems to me probable that British officials in Virginia are used as the channels through which the correspondence is forwarded northward. There are a large number of secessionists at one of the principal hotels in Montreal who are doubtless engaged in some way in furnishing important information to their friends at the South.

I am, very respectfully, yours,

JOHN NEWLAND.

[First indorsement.]

DEPARTMENT OF STATE, November 12, 1861.

Respectfully referred to the U. S. consul-general at Montreal with the request that he will return when he no longer has use for it.

[Second indorsement.]

The fact that Beauregard had a nephew here was known to me at the time and reported to the Department. But he stayed here less than a week and had no letters through the president of the Montreal bank except one of an ordinary business transaction.

J. R. G[IDDINGS.]

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OFFICE OF U. S. ATTORNEY, Philadelphia, November 9, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: The case of one Samuel Eakins, recently discharged from Fort Lafayette, was presented to me to-day in a form somewhat embarrassing. On the 24th of August last Eakins was arrested upon a warrant issued by the U. S. commissioner (Heazlitt) and a hearing had in his case before the commissioner. Pending the examination he was committed by the executive to Fort Lafayette, where he has remained till a day or two ago. This morning he presented himself to the marshal for this district and requested that officer to deliver to him certain property, including a watch and some gold coin, that was found in his possession at the time of his arrest. He stated that he intended to leave immediately for Washington for the purpose of learning whether the Government desired to employ him in any of its workshops. The commissioner informed him that he was in the custody of the marshal inasmuch as the original complaint had not been disposed of, to which Mr. Eakins replied that he was unconditionally discharged by the Goveminent. {p.133} I instructed the commissioner to allow Eakins to enter his own recognizance to appear upon the 24th of the present month to answer the charge upon which he had been originally arrested-the charge of treason-and said to him that the marshal would retain the property (in value about $1,500) as security.

I am unable to consult with the district attorney in the matter, but I learn that Mr. Coffey had concluded before his illness that the case was not one for prosecution. I desire, however, to know whether the Department have any instructions to give the district attorney in relation to the case or have any wish in reference to it. If the Government does not desire the prosecution now pending to proceed further I presume that the money belonging to Mr. Eakins may be delivered to him.

I have the honor to be, very truly and respectfully, your obedient servant,

J. HUBLEY ASHTON, Assistant U. S. Attorney.

[Indorsement.]

If it is not a case in which the evidence will warrant a strong expectation of success discharge him.

W. H. SEWARD.

–––

[NOVEMBER 9, 1861.]

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Some time since I sent by the United States Express a package containing a pamphlet and paper written and published by Merritt Munson, of this State, to the State Department for instructions. I have heard nothing from it, and therefore call the attention of the Department to it.

On the 29th instant I learned that one Doctor Hopper, of Knoxville, Tenn., left this city in company with two ladies and a Doctor Letcher. His destination was Canada. He went there for the purpose of purchasing quinine and morphine, and is expected to return at once. I telegraphed to Mr. Barse, at Detroit, and arranged with a gentleman at Michigan City, the junction of the Michigan Central and New Albany and Salem roads, and another at the Lake Station, the junction of the Central and “Cut off” Railroads, to watch for them. Doctor Hopper is described thus: Tall, aristocratic appearance; light hair, smooth face, large blue eyes, about forty; wears dark business coat, drab vest and pants and slouch hat. His wife has dark complexion, black eyes and hair; full medium height. The other lady small, light hair, blue eyes, round face and plump. Their errand was communicated in Tennessee to a person who was in their confidence. The ladies both had leather traveling bags; no other baggage; will probably return with trunks. Doctor Letcher has gone to Washington. A description of him can be obtained from W. T. Dennis, a special agent of the Treasury Department. He should be arrested, and the arrest kept from the public until the others have been apprehended.

Mr. Barse informs me of the arrest of Shaver,* an agent of the Grand Trunk Railway. I had known of his movements and expected to arrest him in Indiana. I am afraid the arrest was premature. If the Department wishes any more evidence in his case I can furnish it.

{p.134}

Yesterday I received from Governor Morton, of Indiana, a letter* a copy of which I inclose. I will go to Bloomington to-night and make some temporary arrangement until the Department instructs me what course to take in the matter. The suggestions in the letter seem to be judicious.

Some weeks since I learned that a consignment of saltpeter had been landed from a Goderich (Canadian) propeller with no other mark than a diamond B and without a bill of lading. The seizure of contraband was not included in my duties, but I took the liberty of locking it up. No one has claimed it and it is now in the hands of the surveyor of the port. There are twenty-two packages.

A few days afterward I received a dispatch from a special agent of the Treasury Department asking me to look out for a consignment of tobacco, three-fourths of which was the property of rebels. The tobacco (2,400 cases) was found in the hands of the Michigan Central Railroad and taken charge of until the arrival of the agent of the Treasury Department, when it was delivered to the surveyor of the port. I drew upon the Department for my salary for two months and a small bill of expenses paid by me.

Respectfully submitted.

JOHN C. MILLER.

* See p. 982 for case of Shaver.

* Not inclosed.

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DEPARTMENT OF STATE, Washington, November 11, 1861.

The President of the United States directs that the writ of habeas corpus be suspended so far as it relates to officers and soldiers in the military or naval service of the United States, or marshals and their deputies within the State of New York.

WILLIAM H. SEWARD.

Approved:

A. LINCOLN.

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DEPARTMENT OF STATE, Washington, November 11, 1861.

His Excellency WILLIAM DENNISON, Governor of Ohio, Columbus.

SIR: I have examined the papers relative to the case of the Messrs. Crumbaugh and am of the impression that although these persons might not if released pursuant to your recommendation engage in the military service of the insurgents there is nothing to show that they would not seek civil employment under them. If therefore you will sound them as to their disposition to cuter into an engagement not to accept employment of any kind in that quarter or to do any hostile act against the United States, and should find such disposition to exist, the expediency of their discharge will again be taken into consideration.

I have the honor to be, your excellency’s obedient servant,

WILLIAM H. SEWARD.

–––

BALTIMORE, November 11, 1861.

Brig. Gen. H. H. LOCKWOOD, U. S. Army.

GENERAL: You will proceed with the forces under your command into the counties of Accomac and Northampton, Va., and carry out {p.135} the assurances given in the proclamation to be issued by me on the 13th instant. One of the objects in view, though not stated in the proclamation, is to bring these counties back to their allegiance to the United States and reunite them to the Union on the footing of West Virginia. The first step in the accomplishment of this object is to disarm and disperse the military corps encamped within them. If these corps are in the service of the Confederates they should be made prisoners and sent to this city. A conciliatory course should be pursued in regard to those who are not under arms and have not been in the pay of the Confederate Government. It will require great discretion and prudence in bringing about the desired result; but if the people of these counties can be induced to declare their independence of the Confederates the strongest assurance may be given to them of an efficient protection by the Government.

It will be advisable to have a free and frank conference with the leading Union men as soon as you think the time has come for disclosing the wishes of the Government. In advancing into the interior great care will be necessary to guard against surprises. It is understood that the intention is to carry on a guerrilla warfare against you and that the character of the country favors it. Against this you will take the requisite precaution by carefully feeling your way. You will if possible send me a brief note of your progress every day.

...

No distinction should be made between the citizens of those counties in regard to the past. All who submit peaceably to the authority of the Government are to be regarded as loyal. If any persist in acts of hostility it is for you as commander of the expedition to decide what measures shall be taken in regard to their persons or their property, and with this prerogative no subordinates can be permitted to interfere. The notion has been far too prevalent that the persons and property of secessionists may be unceremoniously dealt with by commanders of regiments or corps and the sooner it is corrected the better.

I am, general, very respectfully, your obedient servant,

JOHN A. DIX, Major-General, Commanding.

–––

HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, November 11, 1861.

Brig. Gen. A. PORTER, U. S. Army, Provost-Marshal.

GENERAL: In the case of Mrs. Medora A., alias Mary B. Onderdonk, arrested at Chicago and brought here on an order of Hon. William H. Seward, Secretary of State, and now confined in the female prison, No. 398 Sixteenth street (Mrs. Greenhow’s house), since the evening of 15th of October, I have the honor to report that I have carefully examined all the papers connected with it, including the report of John C. Miller (who was intrusted with the management of the case) to the honorable Secretary of State; also various letters and a lengthy statement made by Mrs. Onderdonk to one of my operatives and which I caused to be taken since her incarceration; all of which papers are now on file in my office, and I would respectfully suggest not seeing any good grounds to sustain the charge of being a spy or otherwise treasonably implicated that she be discharged from custody.

I am, general, very respectfully, your obedient servant,

E. J. ALLEN.

{p.136}

[Indorsement.]

Release her and pay fare to Chicago.

–––

DEPARTMENT OF STAVE, Washington, November 12, 1861.

CHIEF OF POLICE, Philadelphia, Pa.

SIR: It is expected that all persons embarking for foreign ports and especially for Europe will provide themselves with passports from this Department, or if aliens countersigned by the Secretary of State. You will not allow any persons not so provided to embark at Philadelphia excepting only the poorer class of emigrants, whom you can easily distinguish.

I am, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

–––

HEADQUARTERS OF THE ARMY, Washington, November 12, 1861.

Brig. Gen. D. C. BUELL Commanding Department of the Ohio.

GENERAL: ... As far as military necessity will permit religiously respect the constitutional rights of all. Preserve the strictest discipline among the troops, and while employing the utmost energy in military movements be careful so to treat the unarmed inhabitants as to contract not widen the breach existing between us and the rebels.

I mean by this that it is the desire of the Government to avoid unnecessary irritation by causeless arrests and persecution of individuals. Where there is good reason to believe that persons are actually giving aid, comfort or information to the enemy it is of course necessary to arrest them, but I have always found that it is the tendency of subordinates to make vexatious arrests on mere suspicion. You will find it well to direct that no arrest shall be made except by your order or that of your generals unless in extraordinary cases, always holding the party making the arrest responsible for the propriety of his course. It should be our constant aim to make it apparent to all that their property, their comfort and their personal safety will be best preserved by adhering to the cause of the Union.

MCCLELLAN.

–––

NOTICE.

FORT WARREN, November 12, 1861.

The undersigned, appointed by the Secretary of State of the United States to examine into the cases of the political prisoners at Fort Warren, desires those prisoners to be prepared to-morrow to answer the question whether they would severally be willing to take the oath of allegiance to the Constitution and Government of the United States if they should be set at liberty, further inquiry into each case to depend upon the answer. To-morrow there will be an opportunity to answer the question.

SETH C. HAWLEY.

{p.137}

–––

DEPARTMENT OF STATE, Washington, November 13, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: Your letter of the 11th instant has been received. Inclosed is a memorandum in regard to passports to be required of passengers by steamer to Aspinwall which you may have published in the form of an advertisement.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

[Inclosure.]

There being reason to believe that disloyal persons embark in the steamers for Aspinwall for improper purposes, notice is hereby given that all passengers by these steamers will in future be expected to provide themselves with passports in the same manner as passengers by the steamers for Europe.

–––

DEPARTMENT OF STATE, Washington, November 13, 1861.

JOHN S. KEYES, Esq., U. S. Marshal, Boston, Mass.

SIR: Referring to your communication of the 6th instant, the receipt of which has heretofore been acknowledged, I have to request that you will proceed to Fort Warren and separate the prisoners as suggested by you; that is to say you will convey the political prisoners to Fort Independence leaving the prisoners of war at Fort Warren.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

–––

DEPARTMENT OF STATE, Washington, November 13, 1861.

W. H. BARSE, Esq., Detroit, Mich.

SIR: You are hereby authorized to employ a competent person at Port Huron and another in the city of Detroit, but the whole expense for your and their services must not exceed the sum of $150 per month.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

–––

COMMONWEALTH OF VIRGINIA, ADJUTANT-GENERAL’S OFFICE, Wheeling, November 13, 1861.

General W. S. ROSECRANS:

The undersigned, adjutant of the Ninth Virginia Regiment, a new regiment just forming at Guyandotte, Va., would beg leave respectfully to report that on Sunday evening, the 10th instant, just after 7 o’clock, the said regiment, consisting of only 150 men yet in camp, was completely surprised by 700 cavalry under command of Jenkins [Clarkson], the guerrilla chief, and cut to pieces and captured, with the loss also of about 30 horses, a small stock of Government stores and 200 Enfield rifles. ...

Among those taken prisoners are the Hon. K. V. Whaley, member of Congress, who was in command of the post. ... The enemy also {p.138} arrested and carried off the following Union citizens, after having first taken and destroyed their property: William Dowthit, merchant, and his son; Doctor Rouse, druggist, who was also a commissioner of the Federal court; Albert White and perhaps others. At Barboursville, the county seat of the same county, they captured John W. Alford, a candidate for the legislature; Matthew Thompson, a merchant, whom they stripped of all his goods; old Mr. Kyle, a gunsmith, and Mr. Moory, a tanner. ...

Respectfully submitted.

J. C. WHEELER, Adjutant Ninth Virginia Volunteers, U. S. Army.

–––

DEPARTMENT OF STATE, Washington, November 14, 1861.

E. L. O. ADAMS, Esq., Portland, Me.

SIR: Your letter* of the 11th instant has been received. In reply I have to inform you that it will be your duty to require of all persons who may embark at Portland for foreign countries excepting the poorer classes of emigrants to provide themselves with passports signed or countersigned by the Secretary of State. If not so provided you will not allow them to embark, and may employ such of the police as may be necessary to carry out this regulation. In cases where there is good reason to believe that persons may embark at Portland for Halifax or Saint John for the purpose of thence proceeding to Europe or elsewhere in aid of the insurgents of this country you will require them also to provide themselves with passports. As the object of the regulation, however, is precautionary merely and intended to thwart the designs of enemies of this Government who may be proceeding abroad it is desirable that it should be carried into effect with as little annoyance as possible to honest persons upon their own affairs.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

–––

NEW YORK, November 14, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

Will you send to me by telegraph authorization to visit and act with Seth O. Hawley at Fort Warren?

W. H. LUDLOW, New York Hotel.

–––

FORT WARREN, Boston Harbor, November 14, 1861.

Lieut. Col. M. BURKE, Commanding Ports Hamilton and Lafayette, N. Y.

MY DEAR COLONEL: ... Would it not be-well to send me all the orders you receive for holding the prisoners sent me? All I have is simply a list of prisoners without the scratch of a pen to show where or by whose order confined. Many questions have arisen in consequence of not having the original order of confinement; some claim to be prisoners of war and say they were so considered until their arrival at Fort Lafayette. Now they are necessarily considered as civil {p.139} prisoners. I see you are not yet relieved by Colonel Gates. I rather [think] you will be obliged to remain some time for this to take place.

Very truly, yours,

J. DIMICK, Colonel First Artillery, Commanding Port.

–––

BALTIMORE, November 15, 1861.

His Excellency A. LINCOLN.

MY DEAR SIR: I inclose a proclamation which I have issued to the people of Accomac and Northampton Counties, Va. Its purpose, as will be apparent to you from its tone, is to bring about a peaceable submission on their part. If they resist they are advised that they may expect severe chastisement. The case of these counties is peculiar. They have not engaged in any active hostility to the United States. Their people have never crossed the Maryland line. Their greatest offenses are sympathizing with the Richmond leaders and carrying on an illicit trade with the eastern shore of Virginia. One of their captains fired on a barge belonging to one of our revenue steamers, but the act was disapproved by their leading men. If they can be reclaimed and induced to throw off their connection with the Confederates it will be a great point gained, especially as the residence of Governor Wise, their former representative, is in Accomac; and I thought it worth while to make the effort by quieting their fears in the first place, for they have got it into their heads that we want to steal and emancipate their negroes; and by giving them the strongest assurances of kind treatment and protection if they do not resist the authority of the Government I trust-I ought to say I hope rather than trust-that they may be gained over without bloodshed. As their case is peculiar I have endeavored to meet it with a remedial treatment adapted to the special phase of the malady of secessionism with which they are afflicted.

I have sent an additional force since my return from Washington. The whole number will be 4,500-among them about 3,500 as well disciplined troops as any in the service. In my instructions to General Lockwood, who commands the expedition, I have directed him to disarm and make prisoners of all persons found with arms in their hands. I have also inclosed him a copy of the act of Congress of the 6th August last, entitled “An act to confiscate property used for insurrectionary purposes,” the last section of which concerns persons held to labor and service, and I have instructed him to enforce its provisions as far as practicable.

In all I have done in this matter I have had the best interest of the Government in view, and I shall be much gratified if it meets your approbation.

I have the honor to be, very respectfully, your obedient servant,

JOHN A. DIX, Major. General.

[Inclosure.]

PROCLAMATION.

HEADQUARTERS, Baltimore, November 13, 1861.

To THE PEOPLE OF ACCOMAC AND NORTHAMPTON COUNTIES, VA.:

The military forces of the United States are about to enter your counties as a part of the Union. They will go among you as friends {p.140} and with the earnest hope that they may not by your own acts be forced to become your enemies. They will invade no rights of person or property. On the contrary your laws, your institutions, your usages will be scrupulously respected. There need be no fear that the quietude of any fireside will be disturbed unless the disturbance is caused by yourselves. Special directions have been given not to interfere with the condition of any persons held to domestic service; and in order that there may be no ground for mistake or pretext or misrepresentation commanders of regiments and corps have been instructed not to permit any such persons to come within their lines. The command of the expedition is intrusted to Brig. Gen. Henry H. Lockwood,* of Delaware, a State identical in some of the distinctive features of its social organization with your own. Portions of his force come from counties in Maryland bordering on one of yours. From him and from them you may be assured of the sympathy of near neighbors as well as friends if you do not repel it by hostile resistance or attack. Their mission is to assert the authority of the United States; to reopen your intercourse with the loyal States and especially with Maryland which has just proclaimed her devotion to the Union by the most triumphant vote in her political annals; to restore to commerce its accustomed guides by re-establishing the lights on your coast; to afford you a free export for the products of your labor and a free ingress for the necessaries and comforts of life which you require in exchange; and in a word to put an end to the embarrassments and restrictions brought upon you by a causeless and unjustifiable rebellion.

If the calamities of intestine war which are desolating other districts of Virginia and have already crimsoned her fields with fraternal blood fall also upon you it will not be the fault of the Government. It asks only that its authority may be recognized. It sends among you a force too strong to be successfully opposed; a force which cannot be resisted in any other spirit than that of wantonness and malignity. If there are any among you who rejecting all overtures of friendship thus provoke retaliation and draw down upon themselves consequences which the Government is most anxious to avert, to their account must be laid the blood which may be shed and the desolation which may be brought upon peaceful homes. On all who are thus reckless of the obligations of humanity and duty, and on all who are found in arms the severest punishment warranted by the laws of war will be visited.

To those who remain in the quiet pursuit of their domestic occupations the public authorities assure all they can give peace, freedom from annoyance, protection from foreign and internal enemies, a guarantee of all constitutional and legal rights and the blessings of a just and parental Government.

JOHN A. DIX, Major. General, Commanding.

* For the reports relating to Lockwood’s expedition to the Eastern Shore, see Series I, Vol V, pp. 424 to 487.

–––

DEPARTMENT OF STATE, Washington, November 18, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: From extracts [from letters] which were found in possession of the Maurys recently arrested for conveying information to the insurrectionary States it appears that the following persons in New York {p.141} have been engaged in receiving and forwarding correspondence between parties in the insurrectionary States and their sympathizers in Europe as well as in the loyal States: John Monroe & Co., Charles Le Cesne, C. A. Robert, Maury Brothers, Mr. Converse. Will you please cause a quiet but thorough watch to be kept over the movements of these parties, and after the arrival of the next foreign mail place them under surveillance and seize all correspondence and other papers and send them with your report to this Department?

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

–––

DEPARTMENT OF STATE, Washington, November 18, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: Herewith I transmit an extract from an intercepted letter written by William L. Yancey,* an agent in England of the persons in insurrection against the authority of the Government of the United States, addressed to his son who appears to be a captain in the forces of the insurgents at Mobile, Ala. From this extract you will learn the names of the parties in New York through whom the son is requested to send a reply. I deem it important that a watch should be kept over John Monroe & Co., and have to request that you will cause it to be done and report to me by telegraph whether in your judgment it is advisable to arrest them or any of them.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

* For the Yancey letter see p. 1279, case of James Brown.

–––

DEPARTMENT OF STATE, Washington, November 18, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: Herewith I inclose an abstract from an intercepted letter* written by Charles Le Cesne, doing business at 24 William street, New York, and who appears to be engaged in affording aid and comfort to the insurgents by receiving and forwarding correspondence and by outfitting vessels and shipping merchandise to them. The Mr. Shafter referred to in this extract is probably James S., doing business at 73 Franklin street. Will you please keep a quiet but close watch upon the movements of those persons, and at the proper time after the arrival of the next foreign mail arrest and convey them to Fort Lafayette, secure all letters and other papers found in their possession and send them to me. I have notified the Navy Department of the probable sailing of the vessel referred to, but you had better keep a lookout for her and inform this Department of her name and the date of her departure.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

* Not found.

{p.142}

–––

BOSTON, November 18, 1861.

SECRETARY OF STATE:

An order has come to put certain political prisoners in Fort Independence. That fort is not in condition to receive them. Fort Warren has some prisoners and is in proper condition. Is not Independence a mistake for Warren?

BENJ. F. BUTLER.

–––

HEADQUARTERS, Baltimore, November 18, 1861.

Brig. Gen. H. H. LOCKWOOD, Commanding Expedition to Eastern Shore.

GENERAL: Lieutenant Dix arrived this morning with your dispatch* communicating the gratifying intelligence that the rebel organizations in your neighborhood had dissolved. ... Please bear in mind the ulterior object of the expedition-to bring these counties by their own voluntary action back into the Union-and with this view see their leading men as you advance. ... Dispose of the state prisoners of whom you write to me as you think proper.

I am, general, respectfully, yours,

JOHN A. DIX, Major-General.

* Not found.

–––

U. S. MARSHAL’S OFFICE, DISTRICT OF MASSACHUSETTS, Boston, November 19, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to report that ... Lieutenant-Colonel McPherson is about to leave for the West where he is ordered to report to General Halleck, and his absence will leave the post [Independence] without an officer. ... I have communicated to Colonel Dimick, commanding at Fort Warren, your letter of the 13th instant relating to the transfer of the political prisoners to Fort Independence and am engaged with him in making the necessary arrangements. The absence of Colonel McPherson from this post will require the detail by the proper department of some officer to take command there and perhaps of an addition to the garrison. If Colonel Dimick remains at Fort Warren I take the liberty to suggest that his lieutenant (Buell) who has had the immediate charge of the prisoners and knows them all by sight would I should judge be a very suitable officer for the post if the trust can be confided to a lieutenant.

There are now about 115 political prisoners in Fort Warren, and this number can I think be conveniently accommodated in Fort Independence. To-morrow I am to visit and examine it with Colonel Dimick and after that will make the transfer as soon as it can be made ready for the purpose and Colonel Dimick receives his orders. In the meantime and until it is done when I will report at once to you I think all political prisoners might as well be sent to Fort Warren as before, and I have the honor to be,

Your obedient servant,

JOHN S. KEYES, U. S. Marshal.

{p.143}

–––

DEPARTMENT OF STATE, Washington, November 20, 1861.

Rev. A. L. HITZELBERGER, Boston College, Harrison Avenue, Boston.

SIR: ... This Department having adopted a rule which precludes all visits to political prisoners even from ministers of the gospel of any denomination has hitherto strictly observed it. If, however, the prisoners themselves shall in the event of sickness or any other reasonable cause require the services of their spiritual advisers the rule would be relaxed in favor of any one of undoubted loyalty.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

–––

HEADQUARTERS, Baltimore, November 20, 1861.

Brig. Gen. H. H. LOCKWOOD, Commanding Expedition to Eastern Shore.

GENERAL: ... Officers who have been in the pay of the Confederates should be arrested and held as prisoners until the order of the Government is announced. Rank and file if they have laid down their arms need not be disturbed.

In regard to correspondence I see no objection to the free circulation of letters to all portions of the two counties in which the authority of the Government is reestablished.

You are right in your opinion that no act of a rebel convention or legislature can be recognized. In all these respects the two counties must when they come back he in the statu quo before the rebellion. Until some principles of reorganization can be agreed upon either as a part of Maryland or of Western Virginia their corporate powers as counties will be sufficient to meet all their exigencies. I speak without having examined the statutes of Virginia, but on all these points I will write you hereafter. ...

I am, very respectfully, yours,

JOHN A. DIX, Major-General.

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DEPARTMENT OF STATE, Washington, November 21, 1861.

JOHN S. KEYES, Esq., U. S. Marshal, Boston.

SIR: I have to acknowledge the receipt of your letter of the 19th instant in reference to the transfer of prisoners from Fort Warren to Fort Independence.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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OFFICE U. S. ATTORNEY, Baltimore, November 21, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In view of the recent arrest of Messrs. Mason and Slidell and of the discussions to which it may lead it may be of service to your department to be informed of a case which justifies a very grave suspicion that a British official has lent his aid to an American vessel to violate the blockade off the coast of South Carolina. The schooner Adelaide, of Charleston, S. C., late in the month of August sailed from {p.144} her home port and reached Nassau, New Providence, early in September. From thence she cleared for Saint John, New Brunswick, as an English vessel under an English register with English, Confederate and Palmetto flags on board. On September 6 she was captured off Stono inlet by boats from the U. S. war steamer Flag, Capt. L. C. Sartori. and sent to Baltimore for condemnation, where she and her cargo have recently been forfeited for breaking the blockade.

It was alleged at the port of the claimants that the Adelaide had been sold in Nassau because she was unseaworthy, and that one Joseph Roberts was the purchaser; and that he changed her name and took out a British register. The sale, change of name and register were all the part of a contrivance, and it is difficult to resist the conviction that the registrar, Mr. F. Whitley, was cognizant of the schooner’s destination and prostituted his official position in aid of the enterprise.

If it be desirable to establish the complicity of the officers of the English Government with measures in aid of the violation of the blockade it is not unlikely that the district attorneys of Philadelphia and New York may be in possession of information similar to this, and our consul at Nassau in this very case might discover facts corroborating my views of the conduct of the registrar.

I am, sir, yours, very respectfully,

WM, MEADE ADDISON, U. S. Attorney.

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HEADQUARTERS, Baltimore, November 21, 1861.

Brig. Gen. H. H. LOCKWOOD, Commanding Expedition to Eastern Shore.

GENERAL: Ascertain if possible the parties who committed the depredations referred to in your letter and order and send them back as directed in irons. If you have any thieves with you get rid of them as soon as possible. I wish the troops to be sent back here as soon as they can be spared. ... Captain Knight thought two companies would be sufficient to hold the two counties. I would be glad to have your views on the subject. My impression was that it would be advisable to have 500 men in each county. The force in Accomac might winter in Drummondtown and the force in Northampton at Eastville, with a detachment of a few men from each to take care of the light at Cape Charles and Pungoteague. Early arrangements should be made to cover these troops for the winter, and as soon as you see what may be needed please advise me.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major. General, Commanding.

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HEADQUARTERS DISTRICT OF SOUTHEAST MISSOURI, Cairo, November 21, 1861.

COMMANDING OFFICER U. S. FORCES, Cape Girardeau, Mo.

SIR: I am directed by the commanding general to inform you that General Jeff. Thompson took from the Platte Valley on Tuesday and has now confined in New Madrid two men named William McMillan and James Merkle. These men are citizens of Illinois and were employed in Memphis before the commencement of this war, and had {p.145} been there ever since. They are mechanics and were employed there as such. Not being able to procure passes they escaped to Paducah, Ky., took a boat for this place and immediately on their arrival here took passage on the Platte Valley for Saint Louis en route for Quincy, Ill., their home.

They never were employed as spies and never acted as such. They had no interview with the commanding general here and did not volunteer any information, and did not come here for that purpose. They can in no just sense be considered spies; they were simply Northern men who had availed themselves of an opportunity to escape to their homes and families.

If Thompson will release them and give them safe escort to our lines you will release such number of his men as he may think just and give them safe escort beyond our lines.

In communicating with Thompson you will send him a copy of this letter.

By order of General Grant, commanding:

WM. S. HILLYER, Captain and Aide-de-Camp.

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HDQRS. FIRST MIL. DIST., MISSOURI STATE GUARD, Camp Near New Madrid, November-, 1861.

Brig. Gen. U. S. GRANT, Cairo, Ill.:

Yours of the 21st, through Col. J. B. Plummer, commandant of Cape Girardeau, is at hand. The prisoners William McMillan and James Merkle were immediately forwarded to General Polk at Columbus, and I will send your letter in reference to them directly to him.

I will state in reference to these men that when I examined the steam-boat Platte Valley I found drawings purporting to be plans of the fortifications of Columbus and upon inquiry found McMillan and Merkle had either made the drawings or furnished the information, and from some parties on the boat I learned they had been very boastful of their success and the value of the information they had acquired.

I understand they have been sent to Memphis, but I will immediately lay your statement before General Polk, and although he may object to their leaving the Confederacy at this time (as they also worked at Columbus), yet I believe your statement will be sufficient to have them released from confinement.

Yours, most respectfully,

M. JEFF. THOMPSON, Brigadier-General, Commanding.

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HEADQUARTERS PENINSULAR BRIGADE, Drummondtown, Va., November 22, 1861.

Major-General DIX, Commanding Department of Pennsylvania.

GENERAL: I beg leave to inform you that the major portion of this command is now in camp at this place. ... I have secured the persons of two captains and one lieutenant of the Confederate Army, and am using active efforts to find Smith, Winder, Finney and other leading spirits of the late rebel forces on this peninsula. I take it for granted that these will be sent to Fort McHenry, but as they claim {p.146} the benefit of your proclamation I have thought best to consult you before doing so. Please advise me in this regard at your earliest convenience.

I am happy to inform you that the discipline of the troops now here under the rigid system of police established by me is now good. None of those disorders which marked their first entrance into Virginia and which both annoyed and surprised me have occurred.

I am, sir, very respectfully, your obedient servant,

HENRY H. LOCKWOOD, Brigadier-General, Commanding.

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DEPARTMENT OF STATE, Washington, November 28, 1861.

Lieut. Col. MARTIN BURKE, Port Lafayette, N. Y.

SIR: Will you have the kindness to furnish this Department at your earliest convenience with a list of the prisoners now in your custody at Forts Lafayette and Hamilton, New York Harbor, stating their places of residence and the date of their reception by you?

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

(Same to Col. Justin Dimick, Fort Warren, Boston; Maj. Gen. John A. Dix, Fort McHenry, Baltimore; Maj. Gen. John B. Wool, FortressMonroe, Va.; Brig. Gen. Andrew Porter, provost-marshal, Washington; Col. G. Loomis, Fort Columbus, N. Y.; Maj. Gen. N. P. Banks, Seneca Creek, Md.)

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DEPARTMENT OF STATE, Washington, November 28, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: Herewith I return the letters* addressed to John Monroe & Co. which were received from you this date. You will please deliver them to Messrs. Monroe & Co. and tell them that the State Department has intercepted letters which place their loyalty under suspicion, and which afford conclusive evidence that they have been engaged in transmitting letters between the insurgents and their agents in Europe, and that you have been instructed to require them not to hold any correspondence themselves with persons residing in any of the insurrectionary States nor be engaged in forwarding any; and that if any letters are received by them from or intended for parties in those States they will promptly deliver them to you to be sent to this Department.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

* Not found.

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U. S. MARSHAL’S OFFICE, Boston, November 23, 1861.

F. W. SEWARD, Esq., Assistant Secretary of State, Washington, D. C.

SIR: ... I wrote you on the 19th instant with regard to the political prisoners at Fort Warren and am still waiting for Colonel {p.147} Dimick to receive his orders about Fort Independence before transferring them. They are getting on very well, and if the city authorities here would lose some of their sympathy for them would be all right. I wish none but the U. S. officers had access to them.

I have the honor to be, very respectfully, your obedient servant,

JOHN S. KEYES, U. S. Marshal.

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413 BROOME STREET, NEW YORK, November 24, 1861.

Hon. WILLIAM H. SEWARD.

MY DEAR SIR: I wish to turn attention to a matter not included within the scope of your instructions to me: The number of prisoners in Fort Warren is large, the force is small and composed of inexperienced troops who are frequently changed. There is work going on which calls for a force of laborers and a constant passing in and out of civilians of the lowest class. On Saturdays the whole laboring force goes home; there can be and is no examination of their persons as they pass in and out. Out of this can come correspondence or the escape of an individual prisoner which would not be of much account, but a bold and desperate dash might take the fort much more cheaply than the Government took Port Royal.

The political prisoners have money and intoxicating liquors enough to subdue the virtue of a sentinel or two, and I see no impossibility in their taking Colonel Dimick prisoner. The suggestion of a possible resort to the lex talionis will put them all to thinking. The political and military prisoners are allowed to mix and confer at pleasure, which should not be, and altogether the business is conducted too loosely. It would be an improvement to transfer all the state prisoners to Fort Independence, and keep them under the charge of a corps of sappers and miners or other well-trained force, and with an officer in command who will feel that this is a business of life and death. I would not like to have it known to the military gentlemen that I have made these suggestions as I know nothing of war, &c. If the attention of the proper department is turned to the subject so as to secure investigation and attention it will suffice.

Yours, respectfully,

S. C. HAWLEY.

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DEPARTMENT OF STATE, Washington, November 25, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I have the honor to invite your attention to the inclosed copy of a communication of the 22d instant addressed to this Department by Lord Lyons relative to the case of Charles T. (or L.) Temple, a British subject arrested at Frederick on the charge of being a deserter from the U. S. service, and to request that you will cause the matter to be investigated and the result communicated to this Department.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

[Inclosure.]

WASHINGTON, November 22, 1861.

Hon. WILLIAM H. SEWARD.

SIR: I received on the 20th of last month a letter signed Charles T. Temple stating that the writer was a British subject; that he had been {p.148} arrested at Frederick on the 16th of that month by the soldiers of the First Regiment of the Potomac Home Brigade, under command of Lieut. Col. George R. Dennis, and that lie was detained on the charge of being a deserter from the U. S. service. On receiving this letter I directed Her Majesty’s consul at Baltimore to inquire into the matter. The consul accordingly addressed on the 22d of last month a letter to Lieutenant-Colonel Dennis of which I have the honor to inclose a copy.* No answer having been returned to it I am under the necessity of requesting your assistance in investigating the case.

I have the honor to be, with the highest consideration, sir, your most obedient humble servant,

LYONS.

* Omitted.

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DEPARTMENT OF STATE, Washington, November 25, 1861.

Maj. Gen. GEORGE B. MCCLELLAN Headquarters U. S. Army, &c.

GENERAL: Representations have been made to this Department that persons in local authority in the city of Boston obtain access to Fort Warren to the detriment of the public interests and to the annoyance of the U. S. officers in charge. I will therefore thank you to transmit an order to Col. Justin Dimick, the officer in command of the fort, to the effect that no persons except U. S. military officers and U. S. district attorneys, U. S. marshals and deputies, and the U. S. dispatch agent at Boston shall hereafter be permitted to visit any of the prisoners confined at the forts in Boston Harbor without a written permission from this Department.

I have the honor to be, general, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, November 25, 1861.

Col. JUSTIN DIMICK, Fort Warren, Boston.

SIR: You will please permit Jonathan Amory, esq., to visit any of the prisoners confined under your charge at any time he may deem it advisable to do so.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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DEPARTMENT OF STATE, Washington, November 25, 1861.

Messrs. JOHN MONROE & Co., New York.

GENTLEMEN: I have received your letter* of the 23d instant. You have doubtless already been informed by John A. Kennedy, esq. (in accordance with instructions given to him), of the circumstances which placed your firm under suspicion, and I doubt not, since you have unknown to yourselves been made the medium of transmitting treasonable correspondence between the insurgents and their agents in Europe, you will cheerfully avail yourselves of the caution thus given against the practice of forwarding letters which by the proclamation of the President have been prohibited from the U. S. mails.

I am, gentlemen, your obedient servant,

F. W. SEWARD, Assistant Secretary.

* Not found.

{p.149}

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DEPARTMENT OF STATE, Washington, November 25, 1861.

GEORGE BULL, Esq., U. S. Commissioner, Detroit, Mich.

SIR: It is stated that an examination was had before you of one A. Da Costa, now confined at Fort Warren. Will you please send at your earliest convenience to Seth C. Hawley, esq., New York, a copy of all the testimony taken in the case referred to with such other information as you may have relative to Da Costa.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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413 BROOME STREET, November 25, 1861.

F. W. SEWARD, Assistant Secretary of State.

SIR: J. K. Millner,* A. E. Smith,* of Virginia, and Charles Kopperl,* of Mississippi, are clients of Hon. William H. Ludlow who has pressed me diligently to report in their cases. But for this I could properly pass them as I shall all of the prisoners deemed to be disloyal now unless there is something special in their cases. ...

The fourth client of Mr. Ludlow is Mr. William B. Kearney, of Clark County, Ky. He is thirty-eight years old; has a wife and seven children; a farmer and trader; has property. He claims to have voted with the Union party. I should say that this man might with safety be set at liberty but for the fact that he is complicated with some pecuniary conditions contingent upon his release. This seems to be the fact; and if so there is danger of evil report to arise from it.

I am, very respectfully, yours,

S. C. HAWLEY.

* For these cases see post.

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HEADQUARTERS, Baltimore, Md., November 25, 1861.

Brigadier-General LOCKWOOD.

GENERAL: I have received your three dispatches of the 22d instant, dated at Drummondtown, and am much gratified with the judicious and efficient manner in which you are carrying out my instructions and with the readiness with which the people of Accomac are disposed to accede to the friendly overtures made to them in my proclamation. All that has been promised should be fully executed, and the most liberal interpretation should be given to its declarations. ...

There are two or three matters on which you ask my directions:

First. As to the officers of the volunteer force who have been arrested. They were not found in arms as I understand. In that case I think they may justly claim the immunities pledged by my proclamation, but in order to become entitled to them they must recognize the authority of the United States. This test we have a right to prescribe, and I know no other than the oath of allegiance required by section 1 of the act of Congress of August 6, 1861, chapter 64, of the first session of the Thirty-seventh Congress. ... Should they decline to take this oath they cannot be considered as belonging to the classes of persons to whom the benefits of the proclamation are promised. In that case you will if they were not found in arms release them on their parole of honor to abstain from all acts of hostility to the United {p.150} States, &c. I inclose a form for the purpose, marked B. If they decline giving their parole in the form prescribed you will send them to Fort McHenry.

Second. As to civil officers. It is desirable that the administration of the civil and municipal concerns of the two counties should go on if possible without any interruption whatever. If any of the civil officers now in the execution of their trusts have taken an oath of allegiance to the Confederate Government they should be required to take the oath inclosed, marked A.* It is especially desirable that the courts should hold their sessions as usual so that justice may be administered without adding to the law’s delay.

Third. If the people return to their allegiance to the United States they should make such temporary provision for their own government not inconsistent with the Constitution of the United States as they may think best. For the time being it seems to me that it would be well for them to act with Western Virginia, and hold elections by proclamation of the governor as you suggest. Before taking any action on the subject myself I should like to know the views of their discreet men and see what is done in the meetings about to be held. I think it very important on their own account that they should be represented in the next Congress, and I have very little doubt that a member duly elected will be received if they act in concurrence with Western Virginia. As preliminary to this it seems to me very desirable if not necessary that they should send a member to the legislature of Western Virginia.

I intended to have stated in connection with what I have said in regard to the officers you have secured that I suppose them to belong to a volunteer force raised in the two counties, although you call then officers of the Confederate Army. My information was different, but if I am mistaken in this particular you will hold them till I can obtain the direction of the Government as to the disposition to be made of them.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

* Omitted.

[Inclosure.]

B.

I, --, do give my parole of honor that I will do no act in hostility to the Government of the United States; that I will not go beyond the limits of the county of without permission of the commanding officer of the U. S. forces in said county; that I will report myself in person to the said commanding officer once in seven days; that I will surrender myself to him whenever required to do so, and that in the meantime I will hold no correspondence or conversation with any person on political subjects, and have no communication direct or indirect with the States in insurrection against the United States or with any person within the said insurrectionary States.

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CONFIDENTIAL.]

DEPARTMENT OF STATE, Washington, November 26, 1861.

Maj. Gen. GEORGE B. MCCLELLAN.

MY DEAR GENERAL: I transmit to you a letter* which I have received from the Hon. Seth C. Hawley, of New York, who was deputed {p.151} by me to go to Fort Warren and examine the condition of the prisoners there. I beg to ask your attention to his suggestions, especially those which relate to the insecurity of the fort. You will perceive that this communication is one that for obvious reasons should be confidential.

Very truly, yours,

WILLIAM H. SEWARD.

* Letter of the 24th.

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DEPARTMENT OF STATE, Washington, November 26, 1861.

JOHN S. KEYES, Esq., U. S. Marshal, Boston, Mass.

SIR: Herewith I inclose several orders* for the release of prisoners from Fort Warren which I will thank you to execute.

Representations have been made to this Department that a certain person who obtained a permit to visit the political prisoners confined in the several forts has abused this privilege by seeking to be employed as an attorney to intercede for their release from confinement. You will therefore please inform all the prisoners confined at Fort Warren that this Department will not recognize any person as an attorney in such cases, and that if the fact comes to the knowledge of the Department that any prisoner has agreed to pay any attorney a sum of money or to give to him anything of value as a consideration for interceding for the release of such prisoner that fact will be held as an additional reason for continuing the confinement of such person. You will also please say to the prisoners that it is the wish of the Government that they should communicate whatever they may have to say directly to this Department.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* See Seward to Dimick, November 26, ease of Kearney, et al., post.

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DEPARTMENT OF STATE, Washington, November 26, 1861.

Col. JUSTIN DIMICK, Fort Warren, Boston.

SIR: The permit to visit political prisoners which was granted some time since to William H. Ludlow, esq., has been revoked.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

(Same to Col. Martin Burke, Fort Lafayette, N. Y., and Col. G. Loomis, Fort Columbus, N. Y.)

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HEADQUARTERS, Baltimore, November 26, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to inclose a list of prisoners at Fort McHenry on the 19th instant. No additions have been made until to-day. A man by the name of Coe has been sent there, but I am not prepared at this moment to report his case. It would be a great convenience if all these prisoners including Thomas (Zarvona) could be sent away.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

{p.152}

[Inclosure.]

List of Political Prisoners at Fort McHenry, Md., November 19, 1861.

Name.Residence.Date of arrest.Charge.
Richard Thomas ZarvonaJuly 8,1861PIRACY and treason.
William W. GlennBaltimore, MdSept. 15, 1861Editor of Exchange newspaper, Baltimore.
George JuliusHagerstown, MdOct. 16,1801Forwarding recruits to the Confederate Army.
Robert W. BasinBaltimore, MdOct. 28,1861Do.
R. C. HollandDorchester county, Md.Nov. 4, 1861Visiting Virginia (per letter from H. C. Hickson on file at Fort McHenry).
Thomas MortimerBaltimore, MdNov. 8, 1861Disloyalty (per letter from Major-General Dix, Baltimore, Nov. 8, 1861).
James MartindodoDo.
William F. EngleNov. 18, 1861Lieutenant in the rebel army.
Jonah PotterfielddoRaising a rebel flag on his house and applying to the rebels for arms to defend it, &c.
Edward C. CottrellPrincess Anne, Somerset County, Md.Nov. 16, 1861Correspondence with rebels.

Glenn, Julius, Holland, Mortimer, Martin and Cottrell refuse to take the oath of allegiance.

JOHN A. DIX, Major-General.

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HDQRS. CITY GUARD, OFFICE OF THE PROVOST-MARSHAL, Washington, D. C., November 26, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Agreeable to your request of the 23d instant I have the honor to herewith submit to you a list of state prisoners now in my custody, towit:

Name.Residence.Received.
James A. DonnellyGeorgetown, D. C.Aug. -, 1861
Frank RennehanWashington, D. C.Aug. 23, 1861
Mrs. B. O’N. GreenhowdoDo.
William J. WalkerdoDo.
Rudolph WatkinsGeorgetown, D. C.Sept. 23, 1861
George S. WatkinsdoDo.
George F. HarbinWashington, D. C.Do.
William F. GettydoOct 1, 1861
Thomas A. JonesPope’s creek. Md.Oct. 4, 1861
Samuel G. ActonAnne Arundel county, Md.Do.
B. B. GraysonWashington, D. C.Oct. 7, 1861
Summerfield BallFairfax County, Va.Oct. 9, 1861
Benjamin Jackson crossSeneca, Md. (8)Oct. 11, 1861
William F. MooreFairfax county, Va.Oct. 11, 1861
James W. OffuttGeorgetown, D. C.Oct. 14, 1861
John W. BursonWashington D. C.Do.
Alfred NettletonMiddle Haddam, Conn.Do.
Hugh AdamsVicinity of Vienna, Va.Oct. 19,1861
Q. W. GunnelldoDo.
A. B. WilliamsdoDo.
William Oswald DundasBladensburg turnpikeNov. 1, 1861
Withers SmithFairfax County, Va.Nov. 2, 1861
Samuel F. AndersondoDo.
Philip R. LintonWashington, D. C.Nov. 6, 1861
John BrownNew Orleans, La.Nov. 7, 1861
Isaac BallengerSaint Joseph, Mo.Do
Rutson MauryLiverpool, EnglandNov. 8, 1861
O. Allen ScanlandPowell’s Mills, Fairfax County, Va.Nov. 11, 1861
John McDanieldoDo.
Miss Stewart, alias Ellie M. PoolWheeling, Va.Do.
George Dent, Sr.Pope’s Creek, Md.Nov. 14, 1861
George Dent, Jr.doDo.
Riley NashFairfax County, Va.Nov. 18, 1861

I am, sir, very respectfully, your obedient servant,

A. PORTER, Brigadier. General and Provost-Marshal.

{p.155}

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DEPARTMENT OF STATE, Washington, November 27, 1861.

Maj. Gen. JOHN A. DIX, Baltimore, Md.

GENERAL: I have the honor to acknowledge the receipt of your communication of the 26th instant inclosing a list of prisoners confined at Fort McHenry and suggesting that it would be a great convenience if they could be sent away. In reply I have to request that you will send them all to Fort Lafayette, New York Harbor.

I have the honor to be, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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DEPARTMENT OF STATE, Washington, November 27, 1861.

Col. MARTIN BURKE, Fort Lafayette, New York Harbor.

COLONEL: The Secretary of State has been informed* that Mr. William H. Ludlow has represented to some of the prisoners confined in Fort Lafayette that he possesses or can use some influence with the Government in their behalf, and has made it a ground for obtaining from them money in hand or engagements for money or other valuable considerations.

Discountenancing and repudiating all such practices the Secretary of State desires that all the state prisoners may understand that they are expected to revoke all such engagements now existing and avoid any hereafter, as they can only lend new complications and embarrassments in the cases of prisoners in whose behalf the Government might be disposed to act with liberality.

All prisoners can communicate directly by letter to either the Secretary of State through Colonel Burke himself or any unpaid and disinterested agent whom they may find for that purpose.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

(Same to Col. Justin Dimick, Fort Warren, Boston.)

* See Hawley to Seward, November 25, p. 149.

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U. S. MARSHAL’S OFFICE DISTRICT OF MASSACHUSETTS, Boston, November 27, 1861.

F. W. SEWARD, Assistant Secretary of State of the United States.

SIR: ... Colonel Dimick had received no orders relating to Fort Independence and I am therefore still waiting for him before transferring the prisoners to that fort. I am still quite desirous that it should be done as in every way preferable to the present location. I have no additional facts to report in the matter of H. C. Wainwright.*

I have the honor to be, very respectfully, your obedient servant,

JOHN S. KEYES, U. S. Marshal.

* See case of the Messrs. Maury, p. 1041 et seq.

{p.154}

–––

List of prisoners of state at Fort Warree, Boston Harbor, November 27, 1861.

>Name.When received at Fort Warren.Date of arrest as given by the prisoner.Residence.
George A. AppletonNov. 1, 1861Sept. 7, 1861Baltimore, Md.
R. H. AlveydoJune 19, 1861Hagerstown, Md.
R. H. BiggerdoOct. 16, 1861Baltimore, Md.
J. H. BarberdoAug. 17, 1861Lake Providence, La.
B. BurtondoSept. 13, 1861Brooklyn, N. Y.
M. W. BarrdoSept. 18, 1861Louisville, Ky.
George W. BrowndoSept. 19, 1861Baltimore, Md.
M. BerrydoOct. 8, 1861On the high seas.
George W. BarnarddoSept. 8, 1861New Berne, N. C.
Edw. BaumdoSept. 9, 1861Currituck County, N. O.
J. C. BraindoAug. 18, 1861Nashville, Tenn.
J. M. BrewerdoSept. 17, 1861Cumberland, Md.
Charles BarkleydoAug. 21, 1861Charleston, S. c.
James BrownNov. 20, 1861Nov. 14, 1861New Orleans, La.
H. B. CenasNov. 1, 1861Aug. 23, 1861Do.
H. B. ClaibornedodoDo.
Thomas J. ClaggettdoSept. l6, 1861Petersville, Md.
John H. CusickdoAug. 13, 1861Charles County, Md.
John W. DavisdoJuly 1, 1861Baltimore, Md.
A. DawsondoAug. 5, 1861Loudoun county, vs.
Robert DranedodoDranesville, vs.
C. J. DurantdoSept. 17, 1861Leonardtown Md.
R. T. DurrettdoSept. 18, 1861Louisville, Ky.
R. M. DenisondoSept. 13, 1861Peakesville, Md
J. A. DouglassdoSept. 9, 1861Edenton, N. C.
A. Da CostadoOct. 7, 1861New Orleans, La.
George EustisNov. 24, 1861Nov. 8, 1861Do.
C. J. FaulknerNov. 1, 1861Aug. 12, 1861Berkeley County, Va.
F. D. FlandersdoOct. 22, 1861Malone, N. Y.
J. R. FlandersdodoDo.
P. H. FrenchNov. 8, 1861Nov. 6, 1861Kentucky.
R. S. FreemanNov. 1, 1861Aug. 29, 1861Macon, Ga.
H. G. FullerNov. 28, 1861Nov. 17, 1861Lexington, Ky.
Charles GreenNov. 9, 1861Nov. 5, 1861Savannah, Ga.
M. J. GradyNov. 1, 1861Sept. 7, 1861Baltimore, Md.
William H. GatchelldoJuly 1, 1861Do.
J. H. GordondoSept. 17, 1861Cumberland Md.
R. S. GrissonsdoAug. 16, 1861New Hanover county, N. C.
Charles HowarddoJuly 1, 1861Baltimore, Md.
F. K. HowarddoSept. 13, 1861Do.
William G. HarrisondodoDo.
Thomas W. HalldoSept. 12, 1861Do.
J. L. JonesdoSept. 18, 1861Saint Michaels, Md.
R. W. JefferydoOct 1, 1861Norfolk, vs.
George P. KanedoJune 27, 1861Baltimore, Md.
Charles KopperldoAug. 17, 1861Carroll County, Miss.
Andrew KesslerdoSept. 16, 1861Jefferson, Md.
E.G. KilbourndoSept. 19, 1861Pierceland, Md.
Andrew LowNov. 9, 1861Nov. 3, 1861Savannah, Ga.
D. C. LowberNov. 1, 1861Aug. 23, 1861New Orleans, La.
S. H. LyondoJuly 13,1861Baltimore, Md.
A. A. LynchdoSept. 13, 1861Baltimore County, Md.
J. E. LindsaydoOct. 14, 1861Greensborough, N. C.
J. K. MillnerdoSept. 10, 1861Danville, Va.
E. C. MyattdoSept. 4, 1861Charleston, S. C.
W. R. MillerdoSept. 18, 1861Elkton, Md.
B. MillsdoSept. 17, 1861Freedom Md.
J. W. MaxwelldoSept. 10, 1861Elkton, Md.
C. S. MoreheaddoSept. 18, 1861Jefferson County, Ky.
Isaac G. MaskdoOct. 17, 1861Baltimore, Md.
M. F. MauryNov. 20, 1861Nov. 7, 1861New Orleans, La.
Charles MacgillNov. 1, 1861Oct. 1, 1861Hagerstown, Md.
William F. McKewendoOct. 15, 1861Baltimore, Md.
J. M. MasonNov. 24, 1861Nov. 8, 1861Frederick County, Va.
J. E. McFarlanddodoPetersburg, Va.
J. E. MurphyNov. 1, 1861July 13, 1861Portsmouth, Va.
J. F. NewtondoAug. 16, 1861New Hanover County, N. C.
S. F. NewtondodoDo.
N. G. NorthdoOct 16, 1861Charleston, Va.
Edw. O’NeildoSept. 9,1861Currituck County, N. C.
C. H. PittsdoSept. 13, 1861Baltimore, Md
Q. P. PressydoSept. 20, 1861Saint Louis, Mo.
W. M. PagedoOct. 14, 1861Millwood, Vs.
P. F. RasindoSept. 16, 1861Kennedyville, Md.
R. RenwickOct. 16, 1861Baltimore, Md.
E. S. RugglesdoJuly 20, 1861Fredericksburg, Va.
A. E. SmithdoAug. 2, 1861Former navy agent at San Francisco, Cal.
T. P. ScottdoSept. 13, 1861Baltimore, Md. {p.155}
W. E. SalmonNov. 1, 1861Sept. 16, 1861New Market, Md.
G. ShackelforddoSept. 10, 1861Beaufort. N. C.
E. SiberndoSept. 9, 1861Currituck County, N. C.
J. G. ShaverdoOct. 14, 1861Belleville, Canada West.
Thomas ShieldsdoSept. 7, 1861Baltimore, Md.
D. SummersdodoDo.
L. SangstondoSept. 12, 1861Do.
William St. GeorgedoAug. 16, 1861Wilmington, N. C.
John D. SudendorfdoOct. 8, 1861At large.
John SlidellNov. 24, 1861Nov. 8, 1861Louisiana.
J. R. F. TattnallNov. 27, 1861Oct. 7, 1861Savannah, Ga.
Robert TansillNov. 1, 1861Aug. 23, 1861Brentsville, Va.
J. H. ThomasdoSept. 13, 1861Baltimore, Md.
H. G. ThurberdoSept. 23, 1861Oldham County, Ky.
G. O. Van AmringedoSept. 9, 1861Wilmington, N. C.
S. F. WilsondoAug. 23, 1861Smithfield, Md.
William H. WarddoAug. 31, 1861Norfolk, Va.
A. D. WhartondoSept. 8, 1861Nashville, Tenn.
W. H. WinderdoSept. 10, 1861Philadelphia, Pa.
P. WyattdoSept. 30, 1861Do.
W. B. WrightdoSept. 21, 1861Lebanon, Ky.
H. M. WarfielddoSept. 12, 1861Baltimore, Md.
S. T. WallisdoSept. 13, 1861Do.

J. DIMICK, Colonel First Artillery and Brevet Lieutenant-Colonel, Comdg. Post.

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List of prisoners of state at Fort Lafayette, November 87, 1861.

Name.Date of confinement.Residence.
John F. ParrOct. 31, 1861Nashville, Tenn.
R. H. StantonNov. 5, 1861Maysville, Ky.
George ForresterdoDo.
W. T. CastodoDo.
James H. HalldoDo.
Isaac NelsondoDo.
William HuntdoDo.
Benjamin F. ThomasdoDo.
Rutson MauryNov. 11, 1861Liverpool, England.
Francisco MenendezdoKey west.
Charles ButlerdoNo home; born in Denmark.
W. J. BrowningdoHoboken, N. J.
George McNabbdoDo.
Donald McKaydoTampa, Fla.
Hunter SempledoCuba.
William ReeddoNew Bedford.
Frederick LouisdoNewark, N. J.
Peter FernandezdoHavana.
David EvansdoBangor, North Wales.
Joseph B. MarionNov. 12, 1861Antwerp.
Robert WalshdoShetland Islands, North Scotland.
John KennydoLiverpool.
Henry CostforddoSutton, England.
John ElmertdoLondon.
Thomas MurphydoBristol, England.
Peter WelshdoIreland.
William M. GwinNov. 18, 1861San Francisco, Cal.
Calhoun BenhamdoDo.
J. L. BrentdoLos Angeles. Cal.
Appleton OaksmithNov. 19, 1861Patchogue, Long Island.
David C. HallNov. 22, 1861Virginia.
P. C. W. HippdoSaint Mary’s, Ohio.
Guy. S. HopkinsNov. 23, 1861Lapier, Mich.
W. N. SnydamdoEast New York, Long Island.
W. P. ConversedoBrooklyn. N. Y.
John B. FisherNov. 25, 1861Philadelphia, Pa. {p.156}
Henry W. KingNov. 25, 1861New York.
Henry SmithdoWexford, Ireland.
Joseph BradydoLondon, England.
A. C. HarrisdoNow York.
Frederic HendricksdoDo.
Jacob WilliamsdoPhiladelphia, Pa.
Peter SmithdoSyracuse, N. Y.
Thomas PorterdoJersey City, N.J.
Franklin SmithdoRochester, N. Y.
Charles AndersondoNew York.
John DonnellydoDo.
Albert ZenasdoSpain.
Daniel McLanedoNew York.
Edward MeyersdoDo.
B. W. CecilNov. 28, 1861Baltimore.
B. L. HaydendoSaint Mary’s County, Md.
W. M. AbelldoDo.
B. H. JonesdoDo.

MARTIN BURKE, Lieutenant-Colonel Third Artillery, Commanding.

P. S.-This includes the prisoners arriving after 26th instant at about 4 p.m.

M. B.

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To THE POLITICAL PRISONERS IN FORT LAFAYETTE:

I am instructed by the Secretary of State to inform you that the Department of State of the United States will not recognize any one as an attorney for political prisoners, and will look with distrust upon all applications for release through such channels, and that such applications will be regarded as additional reasons for declining to release the prisoners, and further that if such prisoners wish to make any communication to Government they are at liberty and requested to make it directly to the State Department.

SETH C. HAWLEY.

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WILLARD’S HOTEL, Washington, D. C., November 28, 1861.

W. H. SEWARD.

DEAR SIR: I am both pained and mortified to hear this morning of information given to you that I had acted as counsel in cases released from Fort Lafayette. Permit me to assure you on the honor of a gentleman that in no one of the three cases, viz, Colonel Berret, H. A. Reeves or J. McMaster, had I ever acted as such or received in any way directly or indirectly therefor any compensation. I mention those three cases specifically as being the only ones which I have any reason to believe were released through any application of mine on their behalf. I apply the same distinct and emphatic statement to any other released cases. And not only so but I have refused to receive from the parties named a refunding of money paid out of my own pocket, traveling expenses, &c., on their behalf.

I should sincerely regret any loss or diminution of your good opinion, and I take this opportunity to tender to you my grateful acknowledgments for any and all kindness and consideration which you have {p.157} shown me. I shall next week take my place in the Army. I know that I shall like it and am determined to follow it. My heart has always been in this contest, and whatever influence I may possess politically at home or in our State at large has been uniformly exercised to sustain the Government without any reservation. After familiarity with military duties I will ask you to aid me to a permanent position in the regular Army.

With renewed assurance of my friendship to you, I am, yours, truly,

WM. H. LUDLOW.

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HEADQUARTERS DIVISION, Baltimore, Md., November 28, 1861.

Brig. Gen. H. H. LOCKWOOD, Commanding Eastern Shore.

GENERAL: Your dispatches of the 26th instant* by Captain Knight are received. It is natural that our Union friends in Accomac County should feel nervous and desire to get rid of their late oppressors. While we look calmly and dispassionately to important and more remote results we must do all we can consistently with our public pledges to the people of Accomac and Northampton to give courage to those who desire to place the affairs of the counties on their former footing. In the language of the proclamation the Government asks that its authority may be recognized. In pursuance of this purpose we have a right to require as you have done that those who are in the execution of public trusts should take the oath of allegiance. If they refuse they decline to recognize the authority of the Government, and Can claim none of the benefits or immunities promised by the proclamation. On the contrary by seeking to defeat the very object for which the expedition was sent into these counties they array themselves against the Government and cannot expect to be treated as friends. If the county clerk as is alleged has openly exerted his influence to dissuade the magistrates from taking the oath of allegiance he should be arrested for an overt act of hostility to the Government.

The rules by which you should be governed may be stated briefly as follows:

1. No arrests should be made for acts done before the proclamation was published.

2. No man should be disturbed who acquiesces in the authority of the Government no matter how cold or reluctant or sullen his submission.

3. Any person who exerts his influence so dissuade individuals from attending the meetings of the people called to declare their allegiance to the United States cannot for the reasons assigned be considered as entitled to the benefits and immunities promised by the proclamation. On the contrary he is to be regarded as an enemy to be dealt with at your discretion.

4. Any person who at any such meeting resists a proposition to declare the allegiance of the two counties to the United States can only be regarded as an adherent of the rebel Government and coming within the category of No. 3.

5. The twenty persons who have been named to you as deserving arrest should be watched, and at the very first indication of hostility to the Government they should be taken into custody. But if they have submitted in good faith they are entitled to the protection pledged by the proclamation. It must, however, be a real and not a pretended submission. It must be exemplified by an abstinence in fact from all {p.158} attempts to dissuade others from an open and public declaration of their allegiance to the United States. And if you have good reasons to believe that any one of them is exerting a secret influence against the Government you may with perfect propriety send for him and require him to take the oath.

Now let me say one word to our Union friends. I understand their feelings perfectly. I have gone through the same process here which you are passing through in Accomac County. I have succeeded with the aid of a very judicious police in re-establishing order and bringing back the State to its true allegiance; but I have been constrained to differ frequently from our Union friends. They ask too much. They looked more to forcible measures than to a quiet, firm and steady adherence to fixed principles. Our Union friends in Accomac must not be unreasonable. They must act boldly and decisively, and they will beat their adversaries without difficulty. With all we have done and are doing to support them; with the certainty that they will be sustained under all circumstances, they will have no excuse if they do not come out fearlessly no matter what the course of secret traitors may be. As men of sense they cannot fail to see that treachery cannot long be kept secret, and that their game is a sure one. I trust therefore they will come out promptly and strongly and set the authors of the past mischief at defiance. If these mischief-makers continue their operations you will soon detect and bring them to punishment.

I send $2,000 in specie per Captain Tyler. The Kent will wait till Monday if necessary for the Seventeenth Massachusetts.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

* Not found.

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DEPARTMENT OF STATE, Washington, November 29, 1861.

Right Hon. Lord LYONS, &c.

MY LORD: I have the honor to acknowledge the receipt of your communication of the 7th instant in which after referring to your note of the 10th [6th] ultimo, relative to the manner in which the master and crew of the British schooner Revere appeared to have been treated subsequently to the capture of their vessel by the U. S. ship Cambridge, you request this Government to take into its serious consideration certain statements concerning another case of the same kind, to wit, that of the Louisa Agnes, in which two of the crew of that vessel also were placed in irons after her capture by the Cambridge, and the master did not meet with that considerate treatment which might have been reasonably expected.

In reply I now have the honor to inclose to you the copy of a communication of the 23d instant from the Secretary of the Navy on the subject, to whom these cases were referred.

I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.

WILLIAM H. SEWARD.

[Inclosure.]

NAVY DEPARTMENT, Washington, November 23, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In reply to your letter of the 12th instant with inclosure from Lord Lyons in relation to the treatment of the master and part of the {p.159} crew of the British schooner Louisa Agnes I have the honor to inform you that immediately upon its receipt Flag-Officer Goldsborough was directed to investigate the circumstances of the alleged ill-treatment of the crews of Louisa Agnes and also of the British schooner Revere by the officers of the U. S. S. Cambridge, and I inclose herewith the reply of Commodore Goldsborough together with copies of the papers therewith inclosed being reports of the officers of that vessel and of the prize masters who carried the schooner into port.

I have the honor to be, your obedient servant,

GIDEON WELLES.

[Sub-inclosure.]

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 19, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: In reply to your communication of the 15th instant in relation to the treatment of the crews of the British schooners Revere and Louisa Agnes I have the honor to transmit to you herewith papers numbered from 1 to 4 inclusive just received from Commander William A. Parker, of the Cambridge.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flair-Officer.

[Inclosure to sub-inclosure, No. 1.]

U. S. STEAMER CAMBRIDGE, Newport News, Va., November 18, 1861.

Flag Officer L. M. GOLDSBOROUGH, Comdg. N. Atlantic Blockading Squadron, Hampton Roads.

SIR: In reply to your letter of the 17th instant I have to state that two of the crews only of the captured vessels (which were suspected of an attempt to break the blockade) were sent home in their respective vessels by order of Flag Officer Stringham.

The irons were placed on board for the protection of the prize masters and to be used by them when deemed necessary.

I forward herewith the statements of Messrs. Maies and Wells, the prize masters of the Revere and Louisa Agnes, as also a statement signed by the officers of the Cambridge who were on board at the time in question relative to the treatment of the crews while retained by me.

I am very certain that no unnecessary harshness or unkindness was used toward either the masters or crews of the captured vessels while on board the Cambridge. They were permitted to move about the decks in perfect liberty through the day. At night a sentry was placed over them for safety; they were not otherwise confined but had all the privileges of passengers; were regularly served with full rations and had as good accommodations as the ship could afford. I understood that when they left this vessel the captains and their men expressed themselves highly pleased with their treatment.

I can assure you, sir, the parties in question were not subjected to any unnecessary restraint; neither were they regarded in the light of prisoners of war; on the contrary they had full communication with the whole crew of this vessel. I am astonished at their complaints of ill-treatment and emphatically deny their assertions. I frequently enjoined on Lieutenant Gwin (first lieutenant and executive officer) that I wished the captured crews to have every indulgence their case {p.160} would admit and that they should be made as comfortable as possible. As no complaints were made by them while here I cannot but construe it as an afterthought on their part.

Respectfully, your obedient servant,

WILLIAM A. PARKER, Commander.

[Inclosure to sub-inclosure No. 2.]

U. S. STEAMER CAMBRIDGE, November 17, 1861.

Commander WILLIAM A. PARKER.

SIR: Having received orders to give a written statement of the treatment of the two men comprising part of the crew of the schooner Louisa Agnes (taken as a prize by this vessel), placed under my charge on the 9th of September, 1861, according to orders received from my executive and boarding officer I proceeded to place them in single irons, the boarding officer having this order executed before leaving me in charge. I kept them in irons three hours and liberated them until 8 p.m.; then put them in irons for the night, and on the 10th took them out of irons at 7 a.m.; at 8 p.m. put them in irons again for the last time, and liberated them the following morning, it being left optional with me to keep them in irons in the daytime but explicitly ordered to confine them during the night. They were in single irons twenty-five hours out of the fifty-six hours of passage to New York and their treatment while under my care was as good as circumstances would permit.

Very respectfully, your obedient servant,

WILLIAM H. MAIES, Master’s Mate.

After a careful examination of the foregoing statement I am willing to testify by oath to its correctness.

WILLIAM H. MAIES.

[Inclosure to sub-inclosure, No. 3.]

U. S. STEAMER CAMBRIDGE, November 17, 1861.

Commander WILLIAM A. PARKER, U. S. Steamer Cambridge.

SIN: Having received orders to make out a written statement of the treatment of the two prisoners on board prize schooner Revere, placed in my charge on the 10th of September, I have the honor to make the following report:

On taking charge of the vessel I proceeded according to orders received from the executive officer to place the two men in irons, the object as stated being to prevent their rising and retaking the vessel. For the first two or three days the men were confined in single irons in the daytime and double at night; after that as they were quiet and orderly I allowed them their liberty during the greater part of the day but confined them at night. They were treated as well under my orders as the circumstances would admit.

I remain, sir, very respectfully, your obedient servant,

HENRY W. WELLS, Master’s Mate.

After carefully reviewing the foregoing statement I certify that I am willing to take oath that it is correct.

HENRY W. WELLS.

{p.161}

[Inclosure to sub-inclosure No. 4.]

U. S. STEAMER CAMBRIDGE, Newport News, Va., November 18, 1861.

We the undersigned officers of the U. S. steamer Cambridge were attached to her at the time of the capture of the Louisa Agnes and Revere, British schooners. We would hereby testify that the captains of the above vessels and their men had good accommodations-all that the ship could afford: were regularly served with rations, and upon their departure from this steamer spoke in high terms of approbation of their treatment. At all times on board they appeared perfectly satisfied and made no complaints. The above-mentioned parties had free intercourse with the crew of the Cambridge both on and below decks, and in all respects were passengers. The absence of Lieut. William Gwin’s name to this paper is accounted for by his being detached from this vessel and ordered to the brig Perry November 12.

R. D. ELDRIDGE, Acting Master, U. S. Navy. F. W. STRONG, Acting Master, U. S. Navy. SAMUEL VERY, JR., Acting Master, U. S. Navy. H. A. RICHARDSON, Acting Assistant Surgeon, U. S. Navy. JOS. C. CANNING, Acting Assistant Paymaster, U. S. Navy. FRANK A. BREMON, First Assistant Engineer, U. S. Navy. CHARLES C. PENNINGTON, Second Assistant Engineer, U. S. Navy. JOHN J. STEIGER, Third Assistant Engineer, U. S. Navy. JAMES POWERS, Third Assistant Engineer, U. S. Navy.

–––

DEPARTMENT OF STATE, Washington, November 30, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: I inclose several letters* belonging to parties in New York which have been examined and appear to contain nothing objectionable. I will thank you to visit the persons to whom they are addressed, viz, Messrs. Charles Le Cesne and Cæsar August Robert, and tell then that the Government has conclusive evidence that they have suffered themselves to be made a medium for the transmission of correspondence between the insurrectionary States and Europe some of which is treasonable in character, and require them to engage upon honor that here after they will desist from the practice, and if any letter of the character mentioned come into their possession they will voluntarily deliver them to you for examination. If they do this you may for the present discontinue the surveillance over their correspondence.

I am, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

* Not inclosed.

{p.162}

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DEPARTMENT OF STATE, Washington, November 30, 1861.

J. P. TROTT, Esq., Chief Clerk, Post-Office Department.

SIR: I have to acknowledge the receipt of your letter* of the 27th instant inquiring what authority should be given to Mr. Dunn in respect to correspondence passing through the mails at Rouse’s [Point], N. Y., addressed to persons supposed to be agents of the insurgents. In reply I have to suggest that in my judgment it would be advisable to authorize him for the present to detain and open such letters and to send those of a treasonable character to this Department.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

* Not found.

–––

WASHINGTON, November 30, 1861.

Hon. WILLIAM H. SEWARD, &c.

SIR: I have carefully perused the papers communicated to you by the Secretary of the Navy, of which you did me the honor to send me copies with your note of yesterday’s date. These papers establish the following facts: That two seamen of the British schooner Revere which was captured on a charge of breaking the blockades were for two or three days confined in single irons in the daytime and double irons at night; that after that they were left at liberty during the greater part of the day but confined at night; that two seamen of the British schooner Louisa Agnes which was also captured on a charge of breaking the blockade were kept in single irons during twenty-five out of fifty-six hours, and that in both cases this harsh treatment was inflicted in pursuance of express orders from the executive officer of the U. S. ship Cambridge.

It is stated that in the case of the seamen of the Revere this severe measure was resorted to in order to prevent their rising and retaking the vessel. No information, however, is given from which an opinion can be formed as to the reasonableness of the precaution. No evidence is adduced of there having been ground for suspecting the men of a design to retake the vessels or for apprehending that they had the means of executing such a design.

The Secretary of the Navy does not say with respect to either case whether he approves or disapproves the proceedings of the officers of the Cambridge. He does not express any intention of taking measures to secure considerate treatment in future to British seamen in similar circumstances.

The papers which you have been so good as to send me do not afford any information concerning the complaint made by the master of the Louisa Agnes of the treatment he experienced on board the U. S. steamer Susquehanna.

You will I am sure consider that I am doing no more than my duty in asking for further explanations concerning these grave matters.

I have the honor to be, with the highest consideration, sir, your most obedient humble servant,

LYONS.

{p.163}

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OFFICE SUPERINTENDENT OF METROPOLITAN POLICE, New York, November 30, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: On the arrival of the Aspinwall steamer with Colonel Buchanan’s regiment the detectives on board were informed that Lieutenant Scott had talked in a disloyal manner on the passage; that he was a son of Rev. Doctor Scott, of California, formerly of Virginia. This information was obtained for me by my detectives from his fellow-passengers. His name being given to them as Robert N. Scott they very naturally supposed he might be Robert G. Scott, late U. S. consul at Rio Janeiro, whom they had orders to arrest on his way home by the way of Europe. He was accordingly brought to my office.

I discovered their mistake at once, but to avoid doing anything that would bear the appearance of rebuking them for their extra vigilance I directed him to be held until his baggage could be examined and sent one of them, Officer Roach, back to the steamer for the baggage, directing it to be brought to headquarters for examination. In the course of two hours the officer reported to me that when he went to the steamer Colonel Buchanan interposed and prevented him from obtaining possession of it, on which I directed Colonel Buchanan to be brought to the office in person. I was not in when he arrived, and having to wait the colonel seemed to have lost his temper somewhat with his time. I found him in the office of Mr. President Bowen in company with Mr. Bowen and Mr. Commissioner Acton. He complained at having been brought there and explained as the reason for stopping the baggage that the officer who was sent for it was not in uniform; that he did not exhibit a written order; that he did not show to him any evidence that he was an officer. My reply to which was that officers on detective duty were not required to wear uniform; that it was as unusual to give a private policeman an order in writing as it was to give written orders to private soldiers; that if the detective had been required to show his authority he would have produced it on demand. After reaching my office and before I had an interview with him he had written an order to the purser of the ship to deliver up the baggage to my officer which he handed to me. A few unpleasant words were used that it is not necessary to repent and he was allowed to go.

In the conversation he was very indignant that I should suspect Adjutant Scott, one of his staff in whom he said he had the utmost confidence. He was much excited at the time and spoke as people do under such circumstances. He spoke warmly in favor of Adjutant Scott.

This is in reply to a telegram I have just received from the War Department signed B. F. Davis [Lieutenant U. S. Army] whom I don’t know.

Very truly, yours,

JOHN A. KENNEDY, Superintendent.

–––

CAMP WRIGHT, Oak Grove, San Diego County, Lower Cal., November 30, 1861.

Col. JAMES H. CARLETON, First Infantry California Volunteers, Los Angeles, Cal.

COLONEL: I take advantage of the departure of Señor Sepulva, Ramon Carillo’s brother-in-law, to inform you of the arrest of the Showalter party, Showalter with them. It consists of sixteen men, each {p.164} armed with rifles and a pair of revolvers. They gave us a hard chase but we finally captured them. They parleyed but finally concluded not to resist, although against the advice of Showalter.

The names of the party are: T. A. Wilson, Tennessee; W. Woods, Missouri; Charles Pendroth, Kentucky; William Sands, Tennessee; T. L. Roberts, South Carolina; R. H. Wood, Mississippi; T. W. Woods, Virginia; J. W. Sampson, Kentucky; S. A. Rogers, Tennessee; J. Lawrence, Arkansas; Levi Rogers, Alabama; Henry Crowell, Pennsylvania; William Turner, Georgia; Dan Showalter, Pennsylvania; A. King, Tennessee. Retook two of the party on the 27th near the post, viz, E. B. Summers and F. V. Chum. They were the advance party, eighteen in all. I am now examining them, and will send you by express that will leave here to night some time full particulars. They now regret that they did not resist; if they had they would have given us a hard fight. There is no doubt that every one of them is a secessionist and are on their way to lend aid and comfort to the enemy. I would like to know as soon as possible what to do with them. They have pack-mules and are well fitted out and a desperate set of men.

I am under great obligations to Francisco Ocampo for my success. It is reported that some eighty men are getting ready and on the road. I will keep a good watch for them.

Very respectfully,

EDWIN A. RIG-G, Major First Infantry, Commanding Camp Wright.

P. S.-They were captured at daylight on the morning of the 29th at John Winter’s ranch near San Jose Valley.

EDWIN A. RIGG.

–––

[For correspondence between Major-General Halleck and the President relating to the writ of habeas corpus and the President’s order authorizing Halleck to suspend the writ at his discretion within the Department of the Missouri, see Vol. I, this series, pp. 230 and 231.]

–––

COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE DEPARTMENT, Boston, December 2, 1861.

Hon. MONTGOMERY BLAIR, Postmaster-General, Washington, D. C.

SIR: His Excellency Governor Andrew directs me to inclose to you a copy of a letter which was sent to him by Hon. George Morey, one of our most experienced and influential citizens, who was one of the Presidential electors and whose views and opinions therein expressed he believes are worthy of the serious attention of the government. The letter as you will see by its date was sent to the governor during his absence in Washington or it would have been forwarded earlier. His excellency hopes that you will take an early occasion to present the substance of Mr. Morey’s views to the President with the assurance from him that Mr. Morey’s anxiety is shared by many of our most prominent and discreet citizens.

Yours, very truly,

THOMAS DREW, Assistant Military Secretary.

{p.165}

[Inclosure.]

BOSTON, November 21, 1861.

His Excellency JOHN A. ANDREW.

DEAR SIR: The number of ordinary prisoners at Fort Warren, in our harbor, is about 700, and the number of state prisoners is something more than 100 as I am informed. Amongst the state prisoners are several persons of great ability and energy. There are some possessed of large means. There is a banker from Savannah whose name I do not recollect who is said to be very rich. Our banker, George B. Blake, assures me that this Savannah banker is worth several millions. It is supposed he has made this year one to two millions by speculations in cotton. In a short time the arch traitors Slidell and Mason with their secretaries are to be added to the congregation at the fort. Slidell is very wealthy, and Eustis, his secretary of legation, married the daughter of Corcoran, the rich banker at Washington who is worth three or four millions, and is without doubt a secessionist.

I am very sure of Corcoran’s proclivities from what he said to me last May in Washington. Now when it is considered how much talent, energy, deviltry and wealth are congregated in this one fort it seems to me there is infinite danger that a successful escape may be made, especially when the men placed there to guard these rascals are only 300 or 400 raw troops. I think the arch traitors, say thirty or forty of the whole number of the state prisoners, ought to be placed in the vacant cells of the State prison (especially as the Confederate Government has now put many of our officers in separate cells at Charleston and Richmond), or if not in the State prison let them be kept separate at Fort Independence or elsewhere. I hope you will confer with the President and powers at Washington before you leave and see that measures shall be taken of the most effective character by which these rascals shall be secured against all possibility of escape. Why should not one or more ships of war be stationed near Fort Warren? Suppose some strong iron-clad steamer should come along and co-operate with those prisoners?

...

GEORGE MOREY.

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HEADQUARTERS DIVISION, Baltimore, Md., December 2, 1861.

Lieut. Col. MARTIN BURKE, Commanding Fort Lafayette.

COLONEL: Maj. D. P. De Witt, of the Second Regiment Maryland Volunteers, will deliver to you political prisoners in his custody, viz: Richard Thomas Zarvona, arrested July 8, 1861; George Julius, citizen of Hagerstown, Md., arrested October 16, 1861; Robert W. Rasin, citizen of Baltimore, Md., arrested October 26, 1861; R. C. Holland, citizen of Dorchester, Md., arrested November 4, 1861; Thomas Mortimer, citizen of Baltimore, Md., arrested November 8, 1861; James Martin, citizen of Baltimore, Md., arrested November 8, 1861; Jonah Potterfield, citizen of Harper’s Ferry, arrested November 13, 1861; Edward C. Cottrell, citizen of Princess Anne, Md., arrested November 16, 1861; Charles H. P. Coe, citizen of Baltimore, Md., arrested November 26, 1861.

By command of Major-General Dix:

D. T. VAN BUREN, Assistant Adjutant. General.

{p.166}

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DEPARTMENT OF STATE, Washington, December 3, 1861.

Maj. Gen. JOHN A. Dix, Baltimore.

GENERAL: Herewith I have the honor to inclose for your information a copy of a letter received at this Department from P. T. Barnum, esq., in reference to correspondence between ex-Senator Mallory, now at Richmond, Va., and his daughter, Mrs. Bishop, who resides at Bridgeport, Conn., which it is supposed passes through Baltimore. Will you please adopt such measures for the suppression of this correspondence as in your judgment are necessary and proper?

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

[Inclosure.]

LINDENCROFT, Bridgeport, Conn., November 29, 1861.

Hon. SIMON CAMERON.

DEAR SIR: The daughter of ex-Senator Mallory resides here with her husband, who is brother to our late ex-member of Congress, William D. Bishop (secesh). Of coarse Mr. Mallory (Secretary of the Navy in secesh) resides in Richmond. The daughter, Mrs. Bishop, is in constant correspondence with her parents and their letters are mailed to her in Baltimore. Of course the letters are brought from Richmond to Baltimore by some private hand. Such a letter arrived here last night and they continually arrive at intervals of two or three days.

Your obedient servant,

P. T. BARNUM.

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DEPARTMENT OF STATE, Washington, December 3, 1861.

Right Hon. Lord LYONS, &c.

MY LORD: I have the honor to acknowledge the receipt of your lordship’s note of the 30th of November last in which you review the explanations of the Secretary of the Navy which I had submitted to you concerning the cases of two seamen of the British schooner Revere and two other seamen of the British schooner Louisa Agnes, which two schooners were captured, though at different times, in attempts to break the blockade of the ports held by the insurgents. I have read your objections to those explanations with great care and as I trust with candor, inspired by a sincere desire to concede to the complainants whom you represent any redress to which they might be found entitled, and to preserve the best possible understanding with the Government of Great Britain.

The Secretary’s explanations do in fact show as you have assumed that the two seamen of the schooner Revere were confined for two or three days in single irons in the daytime and in double irons during the night, and that after the period thus passed they were left at liberty during the greater part of the day but confined at night. I cannot admit, however, that you are perfectly just in calling this confinement “hard treatment.” You notice the explanation that confinement of the seamen with irons to the extent practiced was resorted to in order to prevent their rising and retaking the vessel; but you object that no information is given from which an opinion can be formed as to the reasonableness of the precaution, and that no evidence is adduced of there having been ground for suspecting the men of a design to retake the vessel or for apprehending that they had the means of executing {p.167} such a design. Whether the restraints practiced upon the two seamen in question were “hard treatment” and a “severe measure” as you have characterized them, or whether it was proper treatment of course depends altogether as you seem to admit upon the circumstance whether those restraints exceeded the rigor which reasonable prudence required for the security of the capturing vessel and her prize on their way to port for adjudication.

You seemed to have assumed that any confinement of the seamen especially in irons in such a case must by law be presumed to be unnecessary and therefore unreasonable and severe, and that consequently it devolves upon the officer who makes the capture to exculpate himself from the general charge of hardness or severity by showing that the rigor practiced was necessary in the act complained of. I submit on the contrary that in these as in all other cases it rests with the complainant to show in his statement the facts and circumstances which constitute the grievance before the accused party can be called upon to deny or at least justify the conduct alleged against him. I proceed to examine the case of the two seamen of the Revere in the light of this rule.

On the 6th of October your lordship addressed me a note in which you stated that you therewith handed to me a copy of a dispatch as well as a copy of a letter and an attested copy of an affidavit. You added that you desired to recommend to my favorable consideration the request to which those papers referred that the mate of the British schooner Revere, who appeared to be detained at Fortress Monroe, might appear at Boston as a witness for the defense of the vessel before the prize court at that city. You added that you desired also to direct my attention to the unusual manner in which the master and crew of the Revere appeared to have been treated, and especially to the fact of two of the crew having been kept (as it would seem very unjustly) in irons. You closed with requesting me to return the attested copy of the affidavit to you.

Your request that the captain might be allowed to appear at the prize court was promptly granted. The attested copy of an affidavit was returned to you as requested without a copy of it having been taken in the Department, as it was not then supposed that you thought it would be useful beyond the purpose of showing that you had grounds for calling my attention to the subject of the confinement of the seamen. It is necessary to state that the dispatch was silent upon the subject of the confinement of the seamen. A copy of your note together with a copy of the dispatch annexed to it was on the 7th day of October, the very day of their receipt, by me submitted to the Secretary of the Navy with a request in general terms for the information necessary to enable me to reply to the note.

On the 11th of November I had the honor to receive from your lordship a second note bearing date on the 7th of that month in which you recited that on the 10th of October (meaning the 6th) you had directed my attention to the unusual manner in which the master and crew of the British schooner Revere appeared to have been treated after the capture of their vessel by the U. S. ship Cambridge, and especially to the fact that two of the crew had been kept in irons. You then proceeded to lay before me another and kindred complaint about the rigor practiced as you assumed upon two seamen of another and different vessel. But you gave me no information whatever concerning the two Seamen of the Revere. A copy of this last paper was transmitted by me to the Secretary of the Navy on the 12th dry of November. The {p.168} Secretary of the Navy having called Flag Officer Goldsborough’s attention to the two complaints as thus submitted to me ill very general terms, that officer reported to the Secretary of the Navy by sending him the papers, copies of which were transmitted to you and which you have found so unsatisfactory. These papers show that the irons which had been used had been placed on board for the protection of the prize-master and to be used by him when deemed necessary. I am informed that irons are always provided and kept on board blockading vessels as a necessary precaution. So customary is this that a naval officer who being charged with the maintaining of a blockade should lose his own vessel or even a prize for want of this precaution would justly incur punishment at the hands of his government. The papers show that Lieutenant Gwin, the executive officer of the Cambridge, certainly had injunctions from the commander that the crews were to have every indulgence their case would admit of, and that they should be made as comfortable as possible. Upon the capture of the Revere he put the prize-master on board of her with the irons with instructions to use them if he should deem it necessary. The prize-master going with probably only two or three loyal seamen spared from the Cambridge, it appears did deem it necessary at first to put the two captured seamen in irons until their dispositions should be ascertained. When it is considered that these seamen were strangers to him, captured, disappointed in the objects of their voyage and conveyed against their wishes and will to a distant and to them foreign port by an authority in the exercise of a belligerent power, I think that it might have been reasonably apprehended by the prize-master that if left from the first entirely free they might attempt the life of the prize-master or at least the deliverance of the prize. Using the same form of illustration as before I think that the prize-master who having irons put into his hands for his own safety and the security of the prize vessel should nevertheless have lost the prize by its being recaptured by captives whom he had not confined would justly be dismissed from the naval service. Whether the prize-master might not with safety have released the two seamen from their confinement in irons at an earlier day or hour remains uncertain. It should seem right if he has exercised his best discretion in which his discretion was necessarily the rule of his conduct, unless indeed it shall be affirmatively shown that he willfully or negligently abused his power over the unwilling and reluctant seamen. That he did not so abuse his power seems tome to be clearly proved by the fact that all of the officers of the Cambridge testified that the seamen made no complaints on leaving the Cambridge, and on the contrary spoke in good terms of their treatment, and that the commander of the Cambridge declares that he is astonished at the complaint of ill treatment, and with the best sources of information open to him denies those assertions altogether.

It remains to say that the Government having no sufficient ground cannot agree that the two seamen in question in the present case were hardly treated or made to suffer unnecessary hardship.

For this reason I cannot admit what your lordship seems to claim-that the Secretary of the Navy ought to have expressed his disapproval of the proceedings of the officers of the Cambridge, or that he ought in view of the whole case to have expressed an intention to take means to secure considerate treatment in future to British seamen in similar circumstances. At the same time this Government means and intends to conduct its operations upon the highest principles of humanity known in maritime proceedings, and especially with a view to the {p.169} exercise of justice and moderation so far as these proceedings affect Great Britain and other friendly powers, and therefore a copy of these papers will be addressed to the flag officers of the blockading squadron, accompanied by an instruction from the Secretary of the Navy to use irons only when and so long as necessary, and in all cases to practice the utmost kindness consistent with the safety of captives and prizes toward seamen captured in attempting to break the blockade.

I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, December 3, 1861.

Right Hon. Lord LYONS, &C.

MY LORD: I refer again to your lordship’s note of the 30th of November for the purpose of saying that the case of the two seamen of the British schooner Louisa Agnes which was captured on a charge of attempting to run the blockade seems to stand so nearly on the same footing with that of the two seamen captured on board of the British schooner Revere which I have discussed in a previous note of this date, that I pray your lordship to accept my reply in the latter case as expressing the opinion of the Government upon the former case also.

I have the honor to be, with high consideration, your lordship’s obedient servant,

WILLIAM H. SEWARD.

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MAUCH CHUNK, December 3, 1861.

SIMON CAMERON, Secretary of War.

DEAR SIR: Pardon me for calling your attention to a treasonable sheet published in this place by the name of the Carbon Democrat and edited by one George Bull, the last issue of which I transmit you by mail. You will see by the tone of the paper that it is a dangerous sheet, and we would like to have it suppressed if it could be done. The last grand jury here found a true bill against it, but as our judge is a Democrat it is uncertain that anything will be done with it. In one of the former issues it came down in the strongest terms against the last Congress, calling it a bloody Congress, &c. If signatures for suppression would be of any use we could get a majority of names of the most respectable people in this place. Please give it your attention and let us know if anything can be done.

From your unacquainted friend,

WILLIAM L. RICHARDS.

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DEPARTMENT OF STATE, Washington, December 4, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: I have the honor to invite your attention to the fact that your communication to me of the 23d ultimo relative to the cases of the schooners Revere and Louisa Agnes contained no explanation in regard to the alleged maltreatment of the captain of the last-named vessel on board of the U. S. steamer Susquehanna. As it is desirable to furnish the British Government with as full information as possible on the subject I will consequently thank you to enable me to do so.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

{p.170}

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DEPARTMENT OF STATE, Washington, December 4, 1861.

Right Hon. Lord LYONS, &c.

MY LORD: I have the honor to acquaint you that I have invited the attention of the Secretary of the Navy to the fact adverted to by you in your note of the 30th instant [ultimo] that his communication to me of the 23d ultimo contained no explanations in regard to the alleged maltreatment of the captain of the schooner Louisa Agnes. No time will be lost in sending to you a copy of Mr. Welles’ answer on that subject.

I have the honor to be, with high consideration, your lordship’s obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, December 4, 1861.

ALEXANDER H. STOWELL, Esq., Detroit, Mich.

SIR: You are hereby appointed a special agent of this Department for the period of two months from the date hereof at a compensation of $50 per month. Your duties will be to act in conjunction with W. H. Barse in arresting disloyal persons, particularly those from the insurrectionary States, and in detecting and suppressing treasonable correspondence between the insurgents and their sympathizers in the loyal States, the Canadas and Europe. You will be particularly on the watch for such persons who may pass into or from Canada on their way to or from Europe. In the exercise of your duties you are expected to be cautious not to arrest or detain any persons against whom no well-founded suspicion is entertained, but on the contrary when there is such suspicion you will promptly arrest such person, secure his papers and give immediate notice by telegraph to this Department.

I am, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, December 5, 1861.

DAVID L. PHILLIPS, Esq., U. S. Marshal for the District of Illinois, Springfield.

SIR: It is represented to this Department that there is strong ground for the belief that treasonable organizations are in existence in the southern part of the State of Illinois. You will please send a proper person to that quarter to examine into the truth of the matter, and in case any well-founded evidence should be discovered against any person or persons you will give notice to this Department by post. In cases which will not admit of delay, however, you will first arrest the person, secure his papers and give immediate notice by telegraph to this Department.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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HEADQUARTERS DEPARTMENT OF THE OHIO Louisville, Ky., December 5, 1861.

General L. THOMAS, Adjutant-General, U. S. Army, Washington, D. C.

SIR: The disposition of prisoners accused of giving aid to the enemy is a subject attended with much labor and inconvenience.* The plan {p.171} which I have adopted is at once to release the minor cases and refer the more serious ones to the district judge or a U. S. commissioner.

The latter course is of no avail without the services of an attorney to attend the cases. The district attorney does not live here and cannot do it. I would suggest the appointment or employment of an assistant attorney and request that the subject may be recommended to the proper Department.

Very respectfully, your obedient servant,

D. C. BUELL, Brigadier-General, Commanding.

* See Attorney-General Bates’ letter to the Secretary of War, p. 182.

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OFFICE OF PROVOST-MARSHAL, Saint Louis, Mo., December 6, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I beg leave to lay before your Department the record* of a case of Joseph M. P. Nolan, a British subject confined in the military prison of this city on suggestion of F. W. Seward, Assistant Secretary. In addition to the facts presented by the record I desire to say that Mr. Wilkins, the British consul at this point, after having satisfied himself of Nolan’s unquestioned disloyalty refused to interfere officially in the matter. Upon Nolan’s examination he refused to give any explanation of his letter; refused to state that he would not take up arms against the Government; refused to promise that he would remain neutral during the present rebellion. Through Mr. Wilkins’ friendly intercession with General Curtis and myself and with an idea that if discharged his imprisonment might have the effect of inducing him to restrain his words and acts in the future I ordered his release, accompanying the order with a letter to the prisoner as suggested by General Curtis. His reply is contained in the letter of Lieutenant Butterworth addressed to myself; which is part of the record. I immediately withdrew the order for his discharge and he remained a prisoner.

The only motive I can possibly conceive for his conduct is the desire to become celebrated. My motive in presenting the matter at this time to the Department is that I understand that Mr. Wilkins, the British consul, will present the matter to Lord Lyons. He informs me that he will clearly present to his lordship the disloyalty of the prisoner and his own refusal to interfere in the matter for that reason. Mr. W. is himself a warm friend of the Government and all his sympathies are with it in the efforts to put down rebellion. I am sure he will not interpose his official position to protect a subject of Great Britain who departs from the strict neutrality ordered by the Queen.

I am, sir, very respectfully,

GEO. E. LEIGHTON, Captain and Provost-Marshal.

* Not found.

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HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., December 6, 1861.

Brig. Gen. A. PORTER, Provost-Marshal.

DEAR SIR: In accordance with a request of the Secretary of State just made of you to report the facts and circumstances in the case of {p.172} Benjamin J. Cross, a prisoner confined in the Old Capitol Building, I have the honor to report as follows:

I find on the in my office a letter addressed to yourself; of which the following is a copy and which seems to be the initiation of the case:

HEADQUARTERS CORPS or OBSERVATION, Poolesville, Md., October 10, 1861.

Brig. Gen. A. PORTER, Provost-Marshal, Army of the Potomac, Washington, D. C.

GENERAL: I forward to you as a prisoner Mr. [B.] Jackson Cross who was this morning arrested by the Thirty-fourth Regiment New York Volunteers at Seneca. Mr. Cross is brother-in-law of Doctor Causten, a member of the President’s Mounted Guard lately in the service of the United States from the District of Columbia, who was taken prisoner in his own house near Seneca in May last by Virginia troops said to have been led there by this Mr. Cross, Lieut. Col. Samuel [W.] Owen, of the Kentucky (Pennsylvania] Cavalry (Colonel Averell), was captain of the company and can give testimony or information in the case. Mr. Causten, notary public on P street near Fifteenth, can also give information. Young Mr. Causten yet remains a prisoner in the hands of the rebels by the act as it is alleged of this Mr. Cross.

Very respectfully, I am, general, your most obedient servant,

CHAS. P. STONE, Brigadier-General, Commanding.

[Indorsement on back of the letter.]

WASHINGTON, D. C., October 11, 1861.

I believe the facts herein stated to be true.

S. W. OWEN, Lieutenant-Colonel Kentucky [Pennsylvania] Cavalry.

On the 7th of November I detailed one of my operatives to further investigate the matter. He learned from two nieces of young Causten at the residence of their grandfather on F street, near Fifteenth, that their uncle, the Doctor Causten above mentioned, was a brother-in-law of Cross; that they had understood that on the day before their uncle’s arrest he went to the house of Cross at his (Cross’) invitation, where he was captured by Virginia troops said to have been guided there by Cross. They further stated that they had been informed that their uncle was then a prisoner at Raleigh, N. C.; that Lieutenant-Colonel Owen knew more of the matter, &c.

On the 8th of November the same operative visited the camp of the Kentucky [Pennsylvania] cavalry on the Virginia side of the Potomac for the purpose of examining Lieutenant-Colonel Owen on the subject. Colonel Owen stated that Causten, the man who it was alleged had been betrayed to the rebels by Cross, was a member of the President’s Mounted Guard of which he (Owen) was captain and which was in the service of the United States; that some time in May last Causten went to the house of Cross in Seneca, Md., to see his wife who was on a visit there, she being a sister of Mrs. Cross; that while he was there an officer of the Virginia army by the name of White came with a detachment of rebel soldiers and took him prisoner, carrying him to Virginia where he has been ever since; that he (Owen) went with the District volunteers to the vicinity of Seneca, near Edwards Ferry, a short time after the capture of Causten and remained there four or five weeks; that while there he had the house of Cross watched all the time and Cross never came to it; that on inquiry he learned that on the day of Causten’s capture Cross was seen to go over the river at Edwards Ferry into Virginia; that a short time afterward White with his squad of men crossed over from Virginia at the ferry, proceeded straight to Cross’ house, captured Causten and returned with him into Virginia; that it was the belief of all the persons in the vicinity who were cognizant {p.173} of the affair that Cross betrayed Causten into the hands of the enemy; that Cross never came back from Virginia until about the time of his arrest; that General Stone had kept a watch on the place and had set several traps to catch White and Cross, but did not succeed while he (Owen) was in the vicinity.

From a letter of James H. Causten, of this city, on file in my office dated December 5, 1861, I learned further that his son, Manuel C. Causten, the above-mentioned captive of the rebels, is now a prisoner in Raleigh, N. C.; that a few days after his capture the same or some other rebel party forcibly took from the stable at the same place his horse and equipments and still retain the same; that since the capture of his son he has on the recommendation of the Secretary of State, Mr. Seward, been appointed a first lieutenant in the new Nineteenth Regiment of the U. S. Army, his commission as such as the father understands now awaiting his release from the rebels.

I further learn from refugee Union parties from the vicinity of Dranesville, Va., opposite Edwards Ferry, that Jack Cross has always had the distinguished credit in that neighborhood of having betrayed his own brother-in-law (Causten) from his Maryland home into the hands of the rebels, and that Jack has always been a great crony of the Virginia rebels, freely and fully enjoying their hospitality until their pressing invitations to carry one of their muskets and if necessary stop the balls of the Federal muskets-so annoyed him and conflicted with his idea of personal safety that he again sought the quietude and felicity of his Federal-protected fireside with what result the foregoing report discloses.

I also understand from parties from the vicinity of Seneca, Md., that at the time of the capture of Causten an ill feeling existed against him on the part of Cross (growing out of family affairs) which it was thought led to the treacherous and disloyal conduct of the latter.

Unless Benjamin Jackson Cross (as I understand his name to be) can satisfactorily explain the foregoing charges against him-where he was on the day of Causten’s capture, &c.-I submit that there is but one true course for the Government to pursue and that is to hold Cross if not as a hostage for the return of Causten and his property (and it is not likely that the rebels would entertain such a proposition) at least until Causten returns or the war is at an end. While it is very hard for Cross to be thus separated from his wife and children it is no less a hardship for Causten separated from his young wife to be pining in a Southern prison while the Government is in need of his services in camp and in the field.

Respectfully, your obedient servant,

B. J. ALLEN.

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OLD CAPITOL PRISON. (Received July 1, 1862.)

MY DEAR MRS. MORRIS: Will you be kind enough to present the statement which I have made below of Mr. Cross’ case to the Confederate Government? Poor fellow, he has been here a long time and he wishes that you would interest yourself for him. He is a young man and a right good fellow. Please answer my last.

Yours, truly,

MANSE.

Statement.

B. J. Cross, of Montgomery County, Md., was arrested 9th of October, 1861, charged with having his brother-in-law, M. C. Causten, of Washington {p.174} City, a Federal soldier, arrested in June, 1861, by the Confederate soldiers and imprisoned at Raleigh, N. C. The Federal Government state that they hold Mr. Cross as a hostage for his brother-in-law and will release him on condition that M. C. Causten is exchanged for any Confederate soldier. Mr. Cross desires to call the attention of the Confederate Government to the matter, as by the release of Mr. Causten they will secure a Confederate soldier and also effect his own release.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, D. C., December 7, 1861.

Col. J. DIMICK, Fort Warren, Boston, Mass.

SIR: The General-in-Chief has received several communications in reference to the safety of the prisoners at Fort Warren. Although he has full confidence in your vigilance he thinks it not amiss to caution you against any attempt either from the land or sea which might be made to overpower your garrison and set free men of such political and personal wealth as many of the prisoners under your charge are possessed of. In this view a copy of instructions from the Secretary was sent you November 26 restricting intercourse with the prisoners, and you were asked by telegraph the 4th instant what additional force you would require for the safety of the post.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

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U. S. MARSHAL’S OFFICE, SOUTHERN DISTRICT OF NEW YORK New York, December 7, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: On the 1st of November I had the honor to address you a letter* marked “confidential” calling your attention to the importunities of certain lawyers to obtain the release of political prisoners confined in Fort Lafayette, and alluded especially to the case of J. K. Millner,** who had offered as much as $2,000 to any one instrumental in procuring his discharge. On my recent visit to Washington I mentioned the circumstance to the Assistant Secretary, and that a lawyer named Ludlow had taken a peculiar and suspicious interest in Millner’s case. The Assistant Secretary replied that Mr. Ludlow had most positively assured him he was actuated solely by friendly and disinterested motives, and that he had never received or claimed of Millner one cent for his services. I now beg to inclose you an order from J. K. Millner on Lieutenant Wood in charge at the fort to pay Ludlow the sum of $150, together with Lieutenant Wood’s letter to me on the subject. With these documents in your possession you will perhaps be able to judge for yourself after this what Mr. Ludlow’s pretensions to disinterestedness and truthfulness are worth.

I am, sir, your most obedient servant,

ROBT. MURRAY, U. S. Marshal.

* Not found.

** For case of Millner, see post. Also see Hawley to Seward, November 25, p. 149; Seward to Colonels Dimick, Burke and Loomis, November 26 and 27, pp. 151, 153, respectively.

{p.175}

[Inclosure.]

FORT LAFAYETTE, New York Harbor, December 5, 1861.

R. MURRAY, Esq., U. S. Marshal.

DEAR SIR: Inclosed please find the order from J. K. Milliner upon which I paid W. H. Ludlow, esq., $150. I send it as requested by you.

Very respectfully, your obedient servant,

CHARLES O. WOOD, First Lieutenant, Ninth Infantry, Commanding Post.

[Sub-inclosure.]

FORT LAFAYETTE, October ,24, 1861.

Lieutenant WOOD:

You will please pay to bearer $150 and charge to account.* Yours, respectfully,

J. K. MILLNER.

* For Millner to Seward, December 1, denying the payment of money to Ludlow, see case of Millner, post.

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OFFICE OF SUPERINTENDENT OF METROPOLITAN POLICE, New York, December 8, 1861.

E. D. WEBSTER, Esq.

DEAR SIR: Yours of 6th instant inclosing two letters addressed to Monsieur Charles Le Cesne, New York; one to Monsieur C. A. Robert, New York, and four to M. A. Herera & Co., Havana, Cuba, is received. To-morrow I shall return the Herera letters to the post-office and restore the others to the parties to whom addressed. Monsieur Le Cesne is no doubt as clean as any man can be whose business connections have heretofore been very deep in cotton, but since the detention of his letters he has suddenly concluded to return to France, and has accordingly gone, family, coach, horses, driver and all. However, his business remains here. I regard the movement as strange.

Very truly, yours,

JOHN A. KENNEDY, Superintendent.

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DEPARTMENT OF STATE, Washington, December 10, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: I have received your letter* of the 5th instant relative to the exaction of passes from persons going to California via Aspinwall. Your suggestions upon the subject of the adoption of a uniform rule are duly appreciated. I will thank you to call upon the agent of the steamers and alter consulting with him to make such arrangements as in your opinion will best promote the public interests in the present exigency respecting the passenger whose real intention is to go to California. Should you, however, find it impossible to do so without the requirement of a passport in every case you will after reporting to this Department resume the enforcement of the regulation first adopted.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

{p.176}

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DEPARTMENT OF STATE, Washington, December 10, 1861.

J. A. KENNEDY, New York:

It is deemed probable that Beverly Tucker, late consul to Liverpool, will soon try to embark for Europe in disguise or with a fraudulent passport. Look after and stop him. He is a large man, upwards of fifty, florid complexion, plausible and boisterous manners.

WILLIAM H. SEWARD.

(Same to Jonathan Amory, Boston, and E. L. O. Adams, Portland.)

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DEPARTMENT OF STATE, Washington, December 11, 1861.

Capt. GEORGE B. LEIGHTON, Provost-Marshal, Saint Louis, Mo.

SIR: I have to acknowledge the receipt of your communication of the 6th instant and its inclosures. In reply I have to request that you will hold the prisoner Joseph M. P. Nolan in custody until further orders from this Department. I notice your observations respecting Her Britannic Majesty’s consul at that point, Mr. Wilkins, and have to state that the Government of the United States appreciates the impartiality manifested by him.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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DEPARTMENT OF STATE, Washington, December 12, 1861.

W. H. BARSE, Esq., Detroit, Mich.

SIR: The fund out of which you have heretofore been paid having been nearly exhausted I have to inform you that the Department will be compelled to dispense with your services and those of the two agents employed by you after the 15th instant.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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HEADQUARTERS, Baltimore, December 12, 1861.

Hon. S. P. CHASE, Secretary of the Treasury.

SIR: In a letter to you of the 5th instant I mentioned in connection with a recommendation of two persons in Accomac and Northampton Counties, Va., for the offices of collector and surveyor that all my information from these counties was very satisfactory. I have to-day received a letter from General Lockwood in which he says that lie summoned all the magistrates of Accomac County before him; that they all took the oath of allegiance as well as the sheriff and his deputies and clerks. He adds: “After this there was quite a rush of smaller officers to do likewise.” He was to go in a day or two after to Northampton and pursue the same course. He has made but a single arrest for disloyalty.

I consider the restoration of these counties to the Union complete, and if our troops were to be entirely withdrawn I am satisfied that there would be no movement against the Government. Of the 3,200 {p.177} men sent from here I have brought back 3,100. There are about 100 left in the two counties. As soon as convenient I trust you will appoint a collector and surveyor.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major. General.

–––

DEPARTMENT OF STATE, Washington, December 13, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: Your letter* of the 11th instant has been received. In reply I have to inform you that your remark on the subject of passports for passengers to California having been taken into consideration it has been determined to restore the original order upon the subject. In view, however, of the complaints which have been made upon the subject it is presumed that the order will be executed with the same discrimination which is expected in regard to passports for persons bound to Europe, and that while all cabin passengers will be required to provide themselves with passports passengers in other parts of the vessel may be exempted from the requirement except in particular cases. Conspirators against the Government should reasonably be suspected of embarking as passengers elsewhere than in the cabin.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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HEADQUARTERS, Baltimore December 14, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In reply to your letter of the 10th instant received this morning I have the honor to inclose the two letters I which led to the detection of Isaac G. Mask. In the letter of the 17th of September signed “I. G. M.” he gives information in regard to the naval expedition sent out from New York and asks that it; maybe communicated “to General Beauregard or some one of the influential members of the Confederate Government without an hour’s delay.” In the letter of the 18th he gives the same information and says: “It is of the utmost importance that all knowledge of the expedition and its destination should be kept from the rebel Government.” This letter professing to be loyal is signed with his name in full and contains his address. Both are written in pencil. Letters in the same handwriting signed “I. G. M.” had been repeatedly intercepted. They were all written in pencil but until he had the folly to write a loyal letter no clue had been found to the author. I remember several of these letters but as they contained no important information they were not preserved.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

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WASHINGTON, December 16, 1861.

Hon. WILLIAM H. SEWARD, &c.

SIR: I have this afternoon had the honor to receive two notes from you dated thirteen days ago and a third dated twelve days ago. They

** Omitted. {p.178} relate to the representation which I felt it to be my duty to address to you with regard to the treatment to which seamen belonging to the British schooners Revere and Louisa Agnes were subjected by officers of the U. S. Navy. It is not my purpose on the present occasion to make any observations on their contents. I hasten, however, to inform you that they have only reached me to-day lest I should be deemed guilty of discourtesy in not having acknowledged the receipt of them until so long after their dates.

I have the honor to be with high consideration, sir, your most obedient humble servant,

LYONS.

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413 BROOME STREET, N. Y., December 16, 1861.

F. W. SEWARD, Assistant Secretary of State.

DEAR SIR: On the 28th of November I received from you the papers (which I had asked for) in the case of A. Da Costa, a prisoner in Fort Warren. I have held his case waiting for the evidence taken before George Q. Bull, U. S. commissioner, Detroit. The testimony was directed to me as C. Hawley, and was advertised and hence the delay. I make this report and send the evidence taken on his arrest, and also the papers remitted to me by you.

It appears that he was arrested without any valid grounds. His statement to me accords exactly with the report from Detroit, If he had or has treasonable designs they are unknown. But he to me declined to take the oath required, from which it is fairly to he inferred that he is not loyal in his opinions or designs and therefore I cannot recommend his release. Yet I think if set at liberty and should go to Havana or Vera Cruz he would do no harm. He is an intelligent, good-looking, good-tempered man, and would perhaps count in some exchange of prisoners. With these papers in your files you have all the proof in the case likely to be had.

If the British lion should bite as well as roar the prisoners in Fort Warren might be in danger from British shell.

Yours, respectfully,

S. C. HAWLEY, Chief Clerk.

–––

CIRCULAR.]

HEADQUARTERS ARMY OF THE POTOMAC, Washington, December 16, 1861.

The major-general commanding directs that hereafter all deserters, prisoners, spies, “contrabands” and all other persons whatever coming or brought within our lines from Virginia shall be taken immediately to the quarters of the commander of the division within whose lines they may come or be brought without previous examination by any one, except so far as may be necessary for the officer commanding the advance guard to elicit information regarding his particular post; that the division commander examine all such persons himself or delegate such duty to a proper officer of his staff, and allow no other persons to hold any communication with them; that he then immediately send them with a sufficient guard to the provost-marshal in this city for further examination and safe-keeping, and that stringent orders be given to all guards having such persons in charge not to hold any {p.179} communication with them whatever, and further that the information elicited from such persons shall be immediately communicated to the major-general commanding or to the chief of staff and to no other person whatever.

The major-General commanding further directs that a sufficient guard be placed around every telegraph station pertaining to this army, and that such guards be instructed not to allow any person except the regular telegraph corps, general officers and such staff officers as may be authorized by their chief to enter or loiter around said stations within hearing of the sound of the telegraph instruments.

By command of Major-General McClellan:

S. WILLIAMS, Assistant Adjutant-General.

* Omitted.

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DEPARTMENT OF STATE, Washington, December 19, 1861.

Hon. MONTGOMERY BLAIR, Postmaster-General.

SIR: I have the honor to inform you that Mr. William L. Yancey, an agent of the insurgents at London, England, has directed his friends and correspondents who post their letters in the loyal States to address him under cover to “Arthur Dare, 15 Half Moon street, London.” I deem it advisable therefore that the postmasters at New York, Boston and Portland be instructed to detain all letters to that address and to forward them either to the Post-Office or to this Department. It is presumed that this course will be approved by you. If so will you have the kindness to notify this Department?

I am,

F. W. SEWARD, Assistant Secretary.

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DEPARTMENT OF STATE, Washington, December 20, 1861.

D. L. PHILLIPS, U. S. Marshal, Cairo, Ill.:

Convey Christopher Ledwidge, Francis Lowe and S. R. Burnett to Fort Lafayette, New York Harbor.

WILLIAM H. SEWARD.

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HEADQUARTERS OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, December 20, 1861.

Col. J. DIMICK, First Artillery, Commanding Fort Warren Boston, Mass.

COLONEL: The following is the decision of the Secretary of State in relation to certain privileges to be allowed prisoners confined in Fort Warren:

There is no objection to the prisoners at Fort Warren reading any newspapers which they may themselves obtain. Their receiving them through a third party, however, cannot be sanctioned as this might lead to serious abuses.

I am, colonel, &c.,

L. THOMAS, Adjutant-General.

{p.180}

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DEPARTMENT OF STATE, Washington, December 21, 1861.

RODENT MURRAY, Esq., U. S. Marshal for the Southern District of New York.

SIR: In reply to your several letters I have to state that such of the prisoners to whom they refer as were captured in vessels charged with breaking the blockade as may not be required as witnesses may be discharged. Those captured in vessels of the insurgents should be held as prisoners of war and transferred as such to the custody of Colonel Burke or Colonel Loomis.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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WAR DEPARTMENT, December 21, 1861.

Hon. W. H. SEWARD, Secretary of State.

SIR: In answer to your communication of the 25th ultimo* inviting my attention to the case of Charles T. Temple, a British subject arrested at Frederick on the charge of being a deserter from the U. S. service, I have the honor to inform you that the matter was referred to General Banks, a copy of whose report in the case I now transmit for the information of Lord Lyons together with the inclosures** therein referred to and an unopened letter addressed to Temple. These papers contain all the information in the possession of this Department.

Very respectfully, your obedient servant,

SIMON CAMERON, Secretary of War.

* See p. 147.

** Inclosures omitted.

[Inclosure.]

FREDERICK, MD., December 11, 1861.

Brigadier-General THOMAS, Adjutant-General, U. S. Army.

SIR: I have the honor to return to you by your direction the inclosed papers relating to Charles T. Temple, a supposed prisoner at Frederick and to accompany the same with a full statement of facts connected with Temple’s detention here. It appears that he was arrested as a spy some two months since by the commander of the home guard and that a few days after he escaped from custody since which time he has not been heard from except by a threatened appeal to the British minister on account of his arrest. I inclose also an unopened letter addressed to Mr. Charles T. Temple by the British consul, I suppose from the superscription, at Baltimore.

I am, sir, respectfully, your obedient servant,

N. P. BANKS, Major-General, Commanding Division.

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DEPARTMENT OF STATE, Washington, December 23, 1861.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York:

Mr. John E. Ward, late U. S. minister to China, is expected to arrive with his family on the Arago. He is to be left free to land and otherwise.

WILLIAM H. SEWARD.

{p.181}

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U. S. MARSHAL’S OFFICE, SOUTHERN DISTRICT OF NEW YORK, New York, December 27, 1861.

Lieut. Col. MARTIN BURKE, Commandant Forts Hamilton and Lafayette.

DEAR COLONEL: Having to send in a return to the State Department of the political arrests and discharges made by me since entering upon the duties of this office I should feel greatly obliged if you would send me a faithful copy from your register of all persons received from or released by me who have passed through your custody since the 22d of April last, as I may have omitted some names in my account.

Please let me have this list at your earliest convenience, and with many apologies for thus troubling, I am, dear colonel, very faithfully, yours,

ROBT. MURRAY, U. S. Marshal.

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PHILADELPHIA, December 25, 1861.

His Excellency the PRESIDENT.

SIR: Permit me to invite your attention to the inclosed note from Capt. John J. Garvin, formerly of this port, but now a prisoner at Salisbury, N. C. If anything can be done for him and his companions I trust it will not be neglected. I have another letter of similar import from a constituent, James Shockley, who was an engineer on board the Union.

Commending their care to your consideration, I remain, very truly, yours,

WM. D. KELLEY, [Representative in Congress.]

[Inclosure.]

RALEIGH, N. C., December 6, 1861.

Hon. W. D. KELLEY, Washington, D. C.

DEAR SIR: There are now here some seventy-six prisoners, including myself; most all belonging to Philadelphia who were with me in the U. S. transport steamer Union and wrecked on this coast on the morning of the 3d of November.

We are as a matter of course desirous to get home again, and we beg you will use your influence to get us released by an exchange for the same number of Hatteras prisoners, or if that cannot be done to use your influence toward a regular exchange if consistent with Government policy.

We were compelled to leave the wreck soon after she struck to save our lives, as she commenced breaking up immediately, and saved nothing but the clothes we had on at the time, and will soon be destitute. We suffer considerable these cold nights for the want of covering, and have not been supplied here. Unless something is done by our Government we shall have a large number of sick if not some deaths before the winter is over unless soon released. The destitute condition of the men exposes them to sickness now around them.

There are also some forty others including officers belonging to different regiments here who are likewise desirous of getting released as early as possible and fully as destitute, some having been here several months.

We feel it peculiarly hard after barely escaping with our lives from that severe gale of November 2 and then the shipwreck on the morning of the {p.182} 3d to be held here as prisoners of war for an indefinite time short of clothes and covering this cold weather, and without funds or means of procuring the necessary articles for our comfort.

Yours, respectfully,

JOHN J. GARVIN

–––

DEPARTMENT OF STATE, Washington, December 28, 1861.

Col. JUSTIN DIMICK, Fort Warren, Boston.

COLONEL: It is thought advisable by the military authorities here that two female prisoners confined in this city should be transferred to Fort Warren for safe-keeping. Will you if possible make the necessary arrangements and inform this Department when you are ready to receive them?

I am, colonel, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

–––

DEPARTMENT OF STATE, Washington, December 28, 1861.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: Your letter of the 19th instant has been received. You are instructed to release from custody the three prisoners, viz, John Q. A. Butler, Henry Sutter and Arthur McAbey, crew of the prize ship Lida.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

–––

DEPARTMENT OF STATE, Washington, December 28, 1861.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: Your letter of the 19th instant relative to the crew of the English bark Empress is received. Release from custody the following-named prisoners: Michael O’Brien, William Sanger, William Jones, James Hopkinson, Arthur Wardle, William Cuthbert, George Watt, the crew of the vessel above referred to.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

–––

ATTORNEY-GENERAL’S OFFICE, December 30, 1861.

Hon. SECRETARY OF WAR.

SIR: A few days ago you did me the boner to refer for my consideration and advice a letter of General Buell* addressed to Adjutant-General Thomas and by him transmitted to you.

I do not wonder that General Buell is put to difficulty about “the disposition of prisoners accused of giving aid to the enemy.” I share in that difficulty, and mainly because in these disordered times it is hard to draw the exact line of separation between the different kinds of arrests as distinguished by their different purposes and objects-that is judicial arrest whose only object is to secure the presence of {p.183} the accused so that he may be tried for an alleged crime before a civil court, and political arrest-which is usually executed by the military arm-whose object is to secure the prisoner and hold him subject to the somewhat broad and as yet undefined discretion of the President as political chief of the nation.

As to arrests merely political or military they are as I understand the law beyond the reach of the judicial officers and subject only to the political power of the President, who may at his discretion dispose of the prisoners by orders addressed to his subordinate officers either civil or military. Without such order I have no authority to give any direction touching the disposition of political or military prisoners.

A judicial arrest is quite another thing, and fortunately the proceedings upon it are plain matters of statute law, presumed to be well known to every district judge, commissioner, attorney and marshal. It is not the business of the district judge (or commissioner) to accuse, arrest or keep a prisoner, but to hear and determine the causes properly brought before him; to commit the prisoner for indictment and trial or to discharge him with or without bail as in view of the testimony may be proper.

It is the duty of the district attorney to prosecute all delinquents for crimes and offenses against the United States; but that does not mean that lie is to be an original accuser nor that it is his duty to arrest and keep the offender; nor indeed that he must be present as prosecutor in every preliminary inquiry before an examining magistrate. That would be unreasonable as a legal duty and impossible in practice.

It is the duty of the marshal to execute all criminal process for the arrest of offenders against the United States within his district, and in some urgent cases to arrest without process and he is the lawful keeper of all such prisoners.

From all this, sir, you may readily infer my opinion to be that the judicial officers of the United States in Kentucky-with whom alone I have direct official connection-have no powers or duties in regard to the prisoners merely political or military in the hands of General Buell. But if the general have in his custody prisoners who are intended to be tried in the civil courts for alleged crimes he may easily get rid of them by turning them over to the marshal of the district together with all testimony and means to prove their guilt. The marshal I think is bound to receive them and of course will know how to proceed against them before a proper examining magistrate to have them committed to jail or bailed to answer the charge. The marshal has power to appoint deputies-as many as the occasion may require.

I do not yet see the necessity to appoint an assistant attorney as the general suggests. If one should be appointed for every vicinity in which arrests may be made I fear the number would soon become inconveniently large and the expense needlessly extravagant.

I have the honor to be, most respectfully, your obedient servant,

EDWD. BATES, Attorney. General.

(Copy to General Buell January 27, 1862.)

* See Buell to Thomas, December 5, p 170.

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WASHINGTON, December 30, 1861.

Hon. SECRETARY OF STATE.

DEAR SIR: On the morning of the 19th instant I arrested on board the steamer Mary Washington in Baltimore one William T. Wilson. On {p.184} searching his person I found concealed in an overcoat pocket one large druggist’s jar containing thirty ounces of quinine, one package of letters addressed to parties in Europe and a number of photographs. I also found in Wilson’s hat very ingeniously concealed twenty ounces of quinine. From reliable information received since the arrest I am satisfied that Wilson is no other person than the notorious Billy Wilson, of Saint Mary’s County, Md., and the individual for whom the Government recently offered a large reward. Wilson had on him when arrested British papers and a British passport showing that he had traveled throughout Europe as an Englishman. Wilson is now confined at Fort McHenry awaiting the orders of the State Department. I consider him a very unsafe man to be at large.

Yours, very respectfully,

L. C. BAKER.

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U. S. MARSHAL’S OFFICE, SOUTHERN DISTRICT OF NEW YORK, New York, December 31, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: In obedience to your order of the 28th instant I have released the crew of the bark Empress and of prize ship Lida unconditionally. Caspar Klock and William [Brown] I liberated on the conditions stipulated in your special letter ordering their discharge.

I am, sir, your most obedient servant,

ROBERT MURRAY, U. S. Marshal.

–––

ANNAPOLIS, December 31, 1861.

General HUGER, COMMANDING Department, Norfolk.

DEAR SIR: My servant Robert Halloway, a negro, was taken prisoner at Bull Run. He is now cook for the Federal prisoners at Richmond and is known to most of the officers of your service who were formerly in our Army. As he has been with me for many years I of course am anxious to get him again, and Commodore Goldsborough has kindly offered to interest himself in the matter. Will you be kind enough to communicate with your Government on the subject and inform me through the commodore how I may if possible get him? General McClellan tells me that he released in Western Virginia a large number of officers’ servants.

Very truly, yours,

A. E. BURNSIDE, Brigadier-General, U. S. Army.

[Found with the above.]

ON STEAMER S. R. SPAULDING Off Roanoke Island, February 17, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: General A. B. Burnside having released to us our servants, slaves included, we respectfully request that his servant, Ro. Halloway, captured at Manassas in July last and now held a prisoner in Richmond, be restored to him. This release of our servants by General Burnside {p.185} being unconditional we consider it due to ourselves as well as just to him that we should make the above earnest request.

Trusting that this request will meet the approval of the Department, we are, most respectfully, your obedient servants,

H. M. SHAW, Colonel Eighth North Carolina Troops. F. P. ANDERSON, Lieutenant-Colonel Fifty-ninth Regiment Virginia Volunteers. J. V. JORDAN, Colonel Thirty-first Regiment North Carolina Troops. W. J. GREEN, Lieutenant-Colonel Second North Carolina Battalion.

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U. S. MARSHAL’S OFFICE, Springfield, Ill., January 2, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: In obedience to your order of the 20th ultimo communicated by telegraph I conveyed to Fort Lafayette, New York Harbor, Christopher Ledwidge and S. R. Burnett, and formally delivered them into the custody of Lieut. Col. M. Burke, commanding, on the 29th ultimo. ... The expenses of transportation for the prisoners, guards and myself are submitted herewith also.*

I am, most respectfully, your obedient servant,

D. L. PHILLIPS, U. S. Marshal.

* Not found.

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HEADQUARTERS HOOKER’S DIVISION, Camp Baker, Lower Potomac, Md., January 6, 1862.

Brig. Gen. S. WILLIAMS, Adjutant-General, Army of the Potomac.

GENERAL: Two prisoners were sent in to me to-day from Allen’s Fresh. They are J. Barrett Cohen and M. Francis McKee. The circumstances of these arrests will be found in the report of First Lieut. B. Q. A. Gresham, Third Indiana Cavalry, dated the 5th instant, and herewith inclosed.* On examination of them separately I find many discrepancies, but as I have no direct means of establishing their identity I have deemed it advisable to have them forwarded to Washington. My first impression was that they were from Virginia, as a small party crossed the river on Wednesday night last near Allen’s Fresh. My opinion was that they were of them. They could give me no satisfactory reason for their visit to this district, but both agreed that they left Baltimore by a schooner a week ago last Friday, though neither of them remembered her name nor did they tell me what she was freighted with. They tell me that they landed at Drum Point, near the Patuxent. I regard them with suspicion. By referring to the letters forwarded to you in one of the trunks to-day I think the name of the former frequently appears.

Very respectfully, your obedient servant,

JOSEPH HOOKER, Brigadier-General, Commanding Division.

* Omitted.

{p.186}

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LOUISVILLE, KY., January 6, 1862.

Col. CHARLES WHITTLESEY, Commanding Twentieth Ohio Volunteers.

SIN: I am directed by the general commanding to instruct you that in future you will make no more arrests of civilians except such as may be engaged in violent proceedings against the Government.

I am, sir, very respectfully, your obedient servant,

OLIVER D. GREENE, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, January 8, 1862.

U. S. MARSHAL, DISTRICT ATTORNEY, U. S. PASSPORT AGENT, COLLECTOR AND OTHER OFFICERS OF THE UNITED STATES AT PORTLAND, ME.

The authorities of the United States will permit the British steamer and the officers or agents of the British Government to have all proper facilities for landing and transporting to Canada or elsewhere troops, stores and munitions of war of every kind without exception or reservation.

WILLIAM H. SEWARD, Secretary of State.

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DEPARTMENT OF STATE, Washington, January 10, 1862.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: The Secretary of the Interior has referred to this Department a letter addressed to him by the U. S. marshal at Key West asking what disposition shall be made of prisoners brought thither by naval officers and committed to his custody. He represents that there are no proper accommodations there for them and suggests that they be taken to New York by the steamer Connecticut or Rhode Island. I will consequently suggest an order to this effect, and that on their arrival at New York the prisoners be delivered to the marshal of the United States there for confinement in Fort Lafayette.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

–––

LOUISVILLE, Ky., January 10, 1862.

Lieut. Col. J. M. HENDERSON, Thirty-third Indiana Volunteers, Crab Orchard, Ky.

SIR: In reply to your letter of 30th ultimo addressed to General Carter I am directed to instruct you that in future too much attention must not be paid to mere expressions of disloyalty, but persons whose acts and intemperate language disturb the peace will be arrested. It must be done only upon good evidence and with discrimination and must be immediately reported to headquarters. ...

Very respectfully, &c.,

O. D. GREENE, Assistant Adjutant-General.

{p.187}

–––

NAVY DEPARTMENT, Washington, January 11, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 10th instant in reference to the prisoners that have been turned over to the U. S. marshal at Key West by naval officers.

In giving instructions for the conveyance of the prisoners to New York the Department also proposes to send to the flag officer a circular letter, a copy of which I inclose, in order that such of them as come within its provisions may be released if you acquiesce in the proposition.

I am, very respectfully, your obedient servant,

GIDEON WELLES.

[Inclosure.]

NAVY DEPARTMENT, Washington, January 15, 1862.

Flag Officer WILLIAM W. McKEAN Commanding Gulf Blockading Squadron.

SIR: You may release such persons from the rebel States as shall be captured within the limits of your command provided they are civilians not in the rebel service and are not known to have engaged in any act against the authority of the United States and are not needed for witnesses. Before their release they will be required to sign a written parole not to engage in any hostile act against the United States during the present rebellion.

I am, respectfully, your obedient servant,

GIDEON WELLES.

–––

DEPARTMENT OF STATE, Washington, January 13, 1862.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: I have the honor to acknowledge the receipt of your letter of the 11th instant. In reply I have to inform you that the proposition relative to the release of prisoners (civilians) contained in the circular addressed to the flag officer of the blockading squadron in that quarter is approved.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, January 13, 1862.

S. W. MORTON, Esq.

SIR: You are hereby appointed a special agent of this Department for the period of thirty days from the date hereof at a compensation of $15. Your duties will be to detect and suppress treasonable correspondence which may pass through Alexandria, Va., between persons in insurrection against the authority of the Government of the United States and their sympathizers and agents in that and other cities of the loyal States. You will report to L. C. Baker, esq., 217 Pennsylvania avenue, Washington, D. C., in connection with whom you are expected to operate.

I am, &c.,

WILLIAM H. SEWARD.

{p.188}

–––

DEPARTMENT OF STATE, Washington, January 14, 1862.

Lord LYONS, &c.:

I have the honor to acknowledge the receipt of your note of the 11th instant* and its inclosure relative to the case of Mr. William T. Wilson, who was arrested at Baltimore on the 19th ultimo and who is at present held in custody at Fort Lafayette, New York Harbor. In reply, I have the honor to state that inquiries have been made of the officer who made the arrest from which it appears that the statement of Mr. Wilson does not relieve him from suspicion of being the Wilson for whom he was in fact arrested. I have, however, transmitted all the papers on file in this Department together with the statements submitted by you to Maj. Gen. John A. Dix at Baltimore, with a request to cause a careful examination to be made and return them together with his report thereon to me.

I avail myself of this occasion to renew to your lordship the assurance of my very high consideration,

WILLIAM H. SEWARD.

* Not found.

–––

DEPARTMENT OF STATE, Washington, January 14, 1862.

Maj. Gen. JOHN A. DIX; Baltimore.

GENERAL: Herewith I have the honor to inclose copies of a note* from Lord Lyons, Her Britannic Majesty’s minister, together with two inclosures submitted by him to this Department relative to the case of William T. Wilson who was recently arrested in Baltimore and who is now held in custody at Fort Lafayette, New York Harbor. Will you please examine these statements and take such other testimony in regard to the facts in this case as may be obtained and report to this Department as soon as you conveniently can?

I have the honor to be, general, your obedient servant,

F. W. SEWARD, Assistant Secretary.

–––

HDQRS. CITY GUARD, OFFICE OF PROVOST-MARSHAL, Washington, D. C., January 15, 1862.

Brig. Gen. A. PORTER, Provost-Marshal, Washington, D. C.

GENERAL: In accordance with the request* of the Hon. W. H. Seward, Secretary of State, directed to you requesting you to report on the case of Capt. B. F. Gwynn, I have the honor to report that on January 7, 1862, Captain Gwynn, residing in Prince George County, Md., was committed to your custody by order of Brigadier-General Casey under the following circumstances, to wit:

From information received by General Casey he on the 6th of January, 1862, caused to be detached for the purpose of arresting Captain Gwynn a force of 200 men belonging to the Eighty-fifth Pennsylvania Infantry, headed by the colonel, lieutenant-colonel and other officers of that regiment and of General Casey’s staff. After a night’s march of thirty-two miles the arrest was accordingly effected at 5 o’clock the next morning at his residence. He was charged with holding correspondence with and giving information to the enemy and suspected of being a spy. An immediate search of his residence resulted in the discovery of the boxes {p.189} containing clothing obviously intended for transfer to the enemy and for their use, also five letters addressed to persons within the enemy’s lines containing correspondence of a treasonable character. It is alleged by Captain Gwynn that the boxes in question were left with his wife in his absence, and that she on perceiving the directions tore them off intending to return the boxes to the lady from whom they were received.

The colonel who arrested him states that “the written directions on labels upon the boxes had evidently been recently removed as I found labels corresponding with the directions upon the boxes concealed in a small box on the mantelpiece.” The addresses on the labels are “Mrs. Monimia Cary, Hospital, Culpeper Court-House, Va.,” and “Lieut. Charles S. Contee, First Maryland Artillery Company, stationed at Aquia Creek, Va.”

Since the receipt of the papers on which the preceding statements are based documents inclosed to the Hon. W. H. Seward, Secretary of State, have been forwarded to this office from the State Department. They consist of statements by Mrs. Mary Harford and Mrs. Eleanor Gwynn, wife of Captain Gwynn, indorsed by Dr. G. H. Bayne, of the Maryland senate, and Hon. Charles B. Calvert, of the U. S. House of Representatives. Mrs. Harford states that the boxes in question were left with her by a young and inexperienced girl (name not given) to be sent to Piscataway; that Mrs. Harford took them to Captain Gwynn’s residence to be sent, and Captain Gwynn being absent left them with his wife; that a large portion of the articles in question were old clothes and other articles of little value not intended for army purposes; that some of them were articles sent by a widow to her sick son, who left before the outbreak and was not permitted to return, he having taken no part whatever in the rebellion. She alleges most positively that Captain and Mrs. Gwynn knew nothing whatever of the contents or destination of the boxes in question; that Mrs. Gwynn did not even see the boxes until after she (Mrs. Harford) left, and that Captain Gwynn was not at home. She further states that whatever responsibility there is in the case belongs to her rather than to Mrs. Gwynn; that two of her brothers died in the service of this Government, &c.

Mrs. Gwynn’s statement is to the same effect so far as her and her husband are concerned. She also states that on perceiving to whom the boxes were directed she tore off the labels intending to return the boxes to the lady from whom they were received; that Captain Gwynn never had any direct or indirect connection with the Southern Army; that his numerous friends in his favor and neighbors can give unequivocal evidence in his favor.

Dr. George H. Bayne, senator from Prince George County in the Maryland legislature, feels warranted in fully indorsing Mrs. Gwynn’s statement “from a long and intimate acquaintance with Captain and Mrs. Gwynn.”

Hon. Charles B. Calvert, U. S. House of Representatives, considers Mrs. Gwynn’s statement indorsed by his friend Doctor Payne entitled to be received as unquestionably true. The circumstances previously known at this office concerning Captain Gwynn are as follows:

It appears that last spring he was concerned in an attempt to get up and drill a company or companies of militia in the county in which he resides. It being deemed by the military authorities that the organization was covertly intended as an aid to the rebellion it was broken up. Apprehensive of being arrested for his share in those proceedings Captain Gwynn fled to the rebel portion of Virginia where he remained some months. The testimony is very conflicting as to what he did. {p.190} there; some persons allege positively that he was in the rebel army while others again are equally positive that he was not. Moreover I have no evidence showing whether his flight took place after or before the President’s proclamation of non-intercourse with the rebel States.

After his return home he came to this office voluntarily on the 25th of November and expressed his wish to take the oath of allegiance to this Government. Having no authority to comply with his request I recommended him to call for that purpose on Thomas C. Donn, justice of the peace of this city, by whom the oath was administered to him. The oath and signature are now on file in this office. The evidence in this case proves the following facts, to wit:

That having been engaged in a military company of very questionable loyalty either as regards its composition or its objects he fled to a rebel State, apprehensive that if he remained he would be liable to arrest for his connection with said company; that after his return he voluntarily came to this city and took the oath of allegiance; that two boxes containing articles and correspondence unquestionably designed to be conveyed to rebels for the purpose of giving them aid, comfort and information were found in his residence under very suspicious circumstances.

I therefore respectfully recommend that as the testimony in this case is very contradictory and Captain Gwynn has been but a short time in custody he be retained until the military authorities stationed in that vicinity are able to institute further investigations. Herewith I inclose to you the statements* of Mrs. Eleanor Gwynn and Mrs. Mary Harford, with Doctor Bayne’s and Hon. Charles B. Calvert’s indorsements,* which the Secretary of State requests should be transmitted to him with your report on the subject.

All of which is respectfully submitted.

Very respectfully, your obedient servant,

E. J. ALLEN.

* Omitted.

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CITY OF WASHINGTON, January 16, 1862.

I, Ellie M. Poole, a resident of the city of Wheeling, State of Virginia, by profession a teacher, now imprisoned in the city of Washington and charged with treasonable conduct against the Government of the United-States, do hereby give my parole of honor and solemnly pledge my word and faith that on condition of my release from imprisonment I will hereafter keep myself from all connection with the existing rebellion against said Government; that I will not engage directly or indirectly by communicating information or otherwise in the service of the Confederate States so-called or either of them against the United States, and that I will not in any way engage or assist in any resistance to the authority or forces of the United States. I do hereby request of said Government of the United States that I may be sent by said Government to Fortress Monroe and be permitted to pass thence to the city of Norfolk, Va.

Witness my hand on the day above written.

ELLIE M. POOLE.

Subscribed in my presence at Washington, D. C., January 16, 1862.

THOMAS M. KEY, Colonel and Aide-de-Camp, U. S. Army.

{p.191}

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DEPARTMENT OF STATE, Washington, January 17, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Headquarters U. S. Army.

MY DEAR GENERAL: From representations which have at different times been made to me I am induced to inquire whether in your judgment Col. Justin Dimick is entirely such an officer as ought to be the keeper of state prisoners and the commandant of so important a post as that of Fort Warren.

Very truly, yours,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, January 17, 1862.

JOHN A. KENNEDY, Esq., Superintendent of Police, New York.

SIR: This Department has received information to the effect that the house of Trenholm Bros. & Co., No. 42 Pine street, New York, is a branch of the house of Fraser, Trenholm & Co., of Liverpool, and John Fraser & Co., of Charleston, S. C. It is important and desirable to ascertain the truth of these statements because the two last-named houses have from the commencement of the insurrection been engaged in attempts to run the blockade, and some of the vessels owned by them have succeeded in that attempt. I will consequently thank you to inquire, first, if the Messrs. Trenholm in New York are British subjects, and secondly, if their house is a branch of the others referred to. It is not deemed advisable to take any other steps until this Department shall have received information on these points.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, January 17, 1862.

Brig. Gen. ANDREW PORTER, Provost-Marshal, Washington.

GENERAL: You will please send Miss Ellie M. Poole, a prisoner in your custody in this city, under the protection and custody of a proper guard by way of Baltimore to Fortress Monroe and thence under flag of truce beyond the lines of the U. S. forces, there to be discharged.

I am, general, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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POST-OFFICE DEPARTMENT, January 17, 1862.

SECRETARY OF STATE.

SIR: In pursuance of your suggestion of the 19th ultimo the postmasters of New York, Boston and Portland have been instructed to withhold from the outgoing mails and to forward to your Department all letters posted or otherwise received at their office addressed to “Arthur Dare, 15 Half Moon street, London.”

I have the honor to be, your obedient servant,

THOS. P. TROTT, Chief Clerk.

{p.192}

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HEADQUARTERS, Baltimore, January 18, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to inclose a letter from Mr. McPhail the deputy provost-marshal of this city, and one from Mr. Franklin; the chief of the detective police in Philadelphia, in regard to William T. Wilson.* The identity of this person with the Wilson engaged in Saint Mary’s County in carrying on illicit trade with Virginia is in some doubt, though I am strongly inclined to believe they are different persons. By Mr. McPhail’s letter you will perceive that William T. Wilson had a quantity of quinine concealed on his person destined unquestionably to Virginia. He was arrested on one of the Patuxent boats on which he had taken passage for Saint Mary’s County. A letter of which I inclose a copy** was also found on him. It was open when it came into the hands of the police as well as the larger envelope in which it was contained and which was believed to have had within it other letters.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

* Franklin’s letter omitted.

** Not found.

[Inclosure.]

OFFICE OF PROVOST-MARSHAL, Baltimore January 15, 1862.

Major-General DIX.

DEAR SIR: About the 1st of November Mr. Reynolds of our force received information from Mr. John Fowler that a certain William [T.] Wilson, an Englishman, was carrying a Confederate mail and goods with Captain Alston, of Saint Mary’s County, to Virginia by way of Blay Creek to Ragged Point. They occupied a log cabin with a Mr. Bradburn on Blay Creek.

On the morning of the 19th of December as I was examining the passengers of the steamer Weems one of my officers brought two men to me who had been avoiding us. I ordered them to be taken to the side of the boat and searched. Upon Wilson was found a bottle containing about four ounces of morphine and an English passport that disclosed his name as W. T. Wilson. Upon Mr. Krengle, the other party, nothing was found of a contraband character. They were conveyed to our office and there underwent another search when there was found in the hat of Wilson done up in a bladder filling about one-third of the hat crown a quart of quinine. These were the only articles secreted about, him. He had a large navy revolver and holster, the holster much worn as if used on horseback, which agrees with the report of Fowler who stated that he always carried the mail on horseback from Alston’s and always at night. I also inclose you a copy of the letter* found upon the person of Wilson; it was inclosed in a rough envelope which from its size indicated more inclosures. I was unable to find who opened it but supposed it to be Wilson who destroyed a part of its contents. Besides the letters we have two photographs of two females and a small lace collar and cuffs.

Fowler of whom we obtained the information is now engaged in teaming about Washington and Alexandria. Mr. Reynolds of our force thinks he would be able to find him and thus remove our doubts.

Respectfully, yours, &c.,

J. L. McPHAIL, Deputy Provost-Marshal.

* Not found.

{p.193}

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DEPARTMENT OF STATE, Washington, January 20, 1862.

Maj. Gen. GEORGE B. MCCLELLAN, Commanding Armies of the United States:

You or any officer you may designate will in your discretion suspend the writ of habeas corpus so far as may relate to Major Chase, lately of the Engineer Corps of the Army of the United States, now alleged to be guilty of treasonable practices against this Government.

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD.

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NAVY DEPARTMENT, January 20, 1862.

Col. MARTIN BURKE, 13.5. Army, Commanding Fort Lafayette, N. Y.

SIR: It is contemplated to release and send South all civilians or seamen from the rebellious States who were captured on board vessels seized for violating the blockade or who when captured were not in arms or had not been engaged in any hostile act against the United States. The Department does not know the names of all those who are now confined in Fort Lafayette by its order and will therefore be much obliged to you for a list of them, with the name of the vessel on board which or the place where they were captured, if you can give me that information.

I am, respectfully, your obedient servant,

GIDEON WELLES.

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BRIDGEPORT, CONN., January 21, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: I am in some doubt as to which Department to communicate the following facts, but have concluded to inform that under your charge of the same. A few days since two persons, one named Roomer the other Theodore W. Downs, arrived in this city from Memphis, having received a pass to come North from the rebel authorities. Reemer has a family here and Downs a number of friends. An article was published in one of the Chicago papers (which I cannot recollect) a few days since stating that they had been closely watched, inasmuch as it was reported and believed that they were coming North for the purpose of visiting some of the manufactories of arms, taking drawings of machinery, &c., for the benefit of the rebels. Reemer is a machinist by trade and quite expert. Adjutant Rust, of Colonel Buford’s Illinois regiment, rode some distance behind them in the ears and informed some friends of his in this city that he believed from their conversation they were rank secessionists and upon no honorable errand. They design remaining here for some days.

There is every reason to believe that a lodge of Knights of the Golden Circle exists in this city, although their meetings are held secretly and without any degree of regularity. They at one time met on stated evenings, but on the eve of July 21, 1861, our citizens Smarting under the result of Bull Run and thinking they had met for the purpose of {p.194} glorifying over the result disturbed them in their deliberations, and procuring a locomotive lantern so placed it that all who came from the hall were recognized and names put down. Since then they have been more secret in their operations, but there is good reason to believe that they have not discontinued their meetings. Mr. William M. Connelly, room No. 6, police headquarters, New York City, is a shrewd and experienced detective and operated with me last December in investigating some supposed frauds upon the revenue, and suspected operations of some parties here in movements and designs of running the Southern blockade. He has an original certificate of membership in the order of Knights of the Golden Circle, and informed me that if any lodge of the kind did exist in this city he could find it out and obtain admission. It would be a desirable thing to have these matters investigated, inasmuch as this city is the focus and center of the secession sympathizers in this portion of Connecticut. I had, some correspondence with the honorable Secretary of the Treasury in relation to those parties who were suspected of running the blockade, and will refer you to him as to whether any statements from me are reliable.

Very respectfully, your obedient servant,

FRED. H. THOMPSON, Deputy Collector.

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DEPARTMENT OF STATE, Washington, January 22, 1862.

Hon. HANNIBAL HAMLIN, Washington.

SIR: I have the honor to acknowledge the receipt of your note* of this date, accompanied by one addressed to you by G. S. C. Dow, esq., in which that gentleman expresses a wish to correspond with a client at New Orleans and asks if it is possible or proper for him to do so. In reply I have the honor to acquaint you that the interruption of correspondence with that quarter has been occasioned by a military exigency. To the general regulation upon the subject there has been occasional exceptions. It is impracticable for me to determine beforehand whether the correspondence in which Mr. Dow wishes to engage ought to be one of them. If, however, he will send open to this Department any letter which he may wish to address to his client the expediency of forwarding the same to its destination will be taken into due consideration.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

* Not found.

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DEPARTMENT OF STATE, Washington, January 22, 1862.

Lieut. Col. MARTIN BURKE, Fort Lafayette, N. Y.

COLONEL: I will thank you to inform Mr. William T. Wilson, a prisoner confined at Fort Lafayette, that in consequence of the doubts as to his identity you have been instructed to discharge him from custody. You will also please inform him that in view of his having secreted about his person at the time of his arrest an unusual quantity of quinine, and of other suspicious circumstances which have come to the knowledge of the Government, a watch will be kept over his future movements. You will please discharge him.

I am, colonel, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

{p.195}

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HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., January-, 1862.

Brig. Gen. A. PORTER, Provost-Marshal, Washington, D. C.

GENERAL: I have the honor to report that on January 13, 1862, Rev. Bennett Smedes, of Raleigh, N. C., was received at this office and committed to the Old Capitol Prison, having been transferred to your custody by Captain Dahlgren, commanding the U. S. navy-yard, with the information that he was arrested by the Potomac flotilla in an attempt to cross the Potomac River into Virginia. On being examined at this office he made the following statement, to wit:

That he is twenty-four years of age; that he was born in Schenectady, N.Y., and that when three years of age he accompanied his parents to Raleigh, N. C., where they now reside; that his father is a clergyman in that place; that he (Smedes) at the age of sixteen went to Saint James College, near Hagerstown, Md., where, excepting vacations spent with his parents, he remained four years; that he then for three years attended a theological seminary in the city of New York, on leaving which in June, 1860, be commenced to officiate with the Rev. Dr. Cleveland Coxe, an Episcopal clergyman at Baltimore, with whom he remained until December 13, 1861; that for some time he has been desirous of joining his parents in Raleigh, N. C., and had with this view made application to the honorable Secretary of State for a passport, which he did not succeed in procuring; that he then determined to make the attempt without such passport and take his chances of eluding the blockading flotilla and military authorities of the United States; that he accordingly proceeded through Maryland to the river Potomac, and with three other persons attempted to cross it in a boat from Cedar Point, when he, with two of those persons, was arrested by a boat’s crew from the cutter Howell Cobb; at 12.30 a.m. January 11 was taken to the cutter, searched by Captain Frank, transferred to the Island Belle, thence to Colonel Graham’s headquarters at Indian Head, thence successively to the Wyandank, Harriet Lane and Yankee, on board of which latter he was taken to the navy-yard, whence he was sent by Captain Dahlgren to this office.

The prisoner refused upon the above examination to give any information relative to the person or persons by whose aid and abetment he was crossing the Potomac at the point and time named, or where he stayed while in Maryland preparing to leave for Virginia. No papers or correspondence were found on him when searched, excepting a letter of recommendation from Doctor Coxe. A letter from that gentleman relating to this case has been received at this office of which the following is a copy, viz:

WASHINGTON, D. C., January 15, 1862.

Brig. Gen. A. PORTER, U. S. Army.

DEAR SIR: The Rev. Bennett Smedes, a prisoner under your charge, was until about a month since assisting me as a deacon in Grace Church, Baltimore. He then left me as he said to see whether he could reach his parents in North Carolina. They had been recently afflicted by the death of his elder brother, and as he supposed were in need of his services and the comfort of his presence. His father is the Rev. Doctor Smedes, of Raleigh, but his parents as well as himself are native New Yorkers; to the best of my belief his mother is a daughter of the late Rev. Doctor Lyell, rector of Christ Church, New York. Having seen him since his arrest in the presence of an officer he assured me that he went with nothing but his raiment, a few sermons and a certificate of his good character (which I gave him), and that he designed nothing and did nothing more or less than was necessary to the sole object of seeing and consoling his parents. I believe his word absolutely, and can certify from long and Intimate acquaintance with him that he is a young man of integrity and of great personal worth. When I accepted his services as my assistant eighteen months ago {p.196} or more I found his academical character not only unsullied but remarkable for all that adorns youth in the eyes of the good and wise. I pray that these facts may have weight, and that his imprisonment (should his speedy release he denied) may be as little as possible rigorous. It is my earnest hope that his discharge may be deemed compatible with the demands of the public good.

I remain, &c.,

A. CLEVELAND COXE, Rector of Grace Church, Baltimore.

It may be proper to remark that although Doctor Coxe preaches to a Baltimore congregation of which a large portion are known to entertain treasonable sentiments he is nevertheless considered a decided Union man. It has since been ascertained by inquiry at the Department of the Secretary of State that that portion of the prisoner’s statement is correct in which he mentions his unsuccessful application for a passport to go South.

The evidence in this case establishes the following facts: That the Rev. Bennett Smedes having made application at the State Department for a pass and having failed to obtain one, the honorable Secretary of State not considering his case one in which the same should be issued, finding himself thus unable to attain his object in a legitimate manner did clandestinely, contrary to law and with knowledge that he was acting unlawfully, attempt to circumvent the authority of the United States by entering one of the States in rebellion; that inasmuch as the act of crossing the Potomac in this manner is in contravention of the proclamation of the President and highly detrimental to the efficiency of our military operations it is necessary that strong measures should be taken to discourage such attempts by the punishment of all concerned in them no matter what may be their character, standing or purpose.

I therefore respectfully recommend that Rev. Bennett Smedes be confined until the conclusion of the war or until such time as by the advance of our armies he may be enabled to visit his relatives without violating the President’s proclamation.

All of which is duly submitted.

Very respectfully, your obedient servant,

E. J. ALLEN.

[Indorsement.]

Let him be detained for the present.

W. H. S[EWARD].

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DEPARTMENT OF STATE, Washington, January 23, 1862.

Lieut. Col. MARTIN BURKE, Fort Hamilton, New York Harbor.

SIR: Your letter of the 21st instant has boon received, and in compliance with your request I inclose herewith 100 copies of the prescribed oath of allegiance. You will observe that the words “and further, that I will well and faithfully perform all the duties-which may be required of me by law,” is applicable to those only who hold office under the Government and may be omitted when administered to private citizens.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

{p.197}

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COMMONWEALTH OF VIRGINIA, ADJT. GEN.’S OFFICE, Wheeling, Va, January 23, 1862.

Brigadier-General ROSECRANS, Commanding Department of Western Virginia.

SIR: I call your attention to the inclosed newspaper paragraphs in relation to certain loyal citizens of Virginia threatened with an ignominious death by the traitors assembled in Richmond: George W. Aubrey (printed Aufrey), A. W. McDonald and Henry A. Ault, all of Hardy County. These men were in a State military company and by orders were when taken acting under the U. S. military officers stationed at Fort Pendleton, near the southwest corner of Maryland, and were to all intents and purposes of war a military company in the U. S. service, and for its members this government demands the protection of the United States. John Alford has never been in arms and is charged with being a candidate for the legislature here. I have been unable to procure information respecting Messrs. Bone and Bergdale, hut it is probable they were members of the Hardy County company aforesaid. In the name and on the behalf of the restored government of Virginia and by the direction of the executive thereof I earnestly appeal to you to take such action in the premises as will relieve these men from the perils which environ them at Richmond; or if the suggestion of the traitor Benjamin is adopted and our loyal friends die for devotion to our flag a signal example of retributive vengeance will be executed that will deter the cowardly traitors assembled there from the perpetration of like cruelties there afterward. The prisoners as far as known are respectable, worthy men.

I have the honor to be, very respectfully, your obedient servant,

HENRY I. SAMUELS, Adjutant-General of Virginia.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF WESTERN VIRGINIA, Wheeling, Va., January 24, 1862.

Respectfully referred to the Secretary of War.

The within letter states facts which show that the persons alluded to cannot be hung or otherwise punished without violating the principles of humanity which have hitherto boon acted on and tending to frightful reprisals,

W. S. ROSECRANS, Brigadier-General, U. S. Army.

[Inclosure.]

ARREST OF UNION PATRIOTS.

The following was sent to the Virginia senate on Thursday by Governor Letcher:

WAR DEPARTMENT, C. S. A., Richmond, Va., January 10, 1862.

JOHN RANDOLPH TUCKER, Esq., Attorney-General.

SIR: I respectfully inform you that the following-named persons now confined in jail here have been examined by the Hon. James Lyons, as commissioner for this Department, and he reports them as being in his opinion traitors that ought to be hung. This being a matter that concerns the civil authorities I deem it my duty to give you their names, as follows, viz: First, George W. Aufrey; second, Henry A. Ault; third, Benjamin Bone; fourth, John Bergdale; fifth, Aaron W. McDonald; sixth, John Alford.

I am, respectfully, your obedient servant,

J. P. BENJAMIN, Secretary of War.

{p.198}

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HEADQUARTERS, Baltimore, January 24, 1862.

Hon. WILLIAM H. SEWARD, Secretary of state.

SIR: Nineteen persons were arrested last week at a place of rendezvous from which they were to go to the insurgent States. Several have been released on taking the oath of allegiance, the evidence not being perfectly clear in regard to them. There are twelve who should be sent away as there is no room for them at Fort McHenry. One of these men, Thomas C. Fitzpatrick, is claimed to be a British subject, and I am told was discharged from Fort Warren or Fort Lafayette on the application of Lord Lyons. I do not know what was the charge against him. We have satisfactory evidence that he has been engaged in recruiting for the insurgent army and that he was the leader of the party arrested. They were under an oath not to divulge the purposes of their organization.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

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DEPARTMENT OF STATE, Washington, January 25, 1862.

Maj. Gen. JOHN A. DIX, Baltimore, Md.

GENERAL: Referring to your letter of the 24th instant the receipt of which has heretofore been acknowledged I have the honor to authorize you to convey the twelve prisoners (names not given) referred to by you to Fort Lafayette, New York Harbor. Will you please transmit to this Department a list of their names together with a report of the proof upon which they are held?

I have the honor to be, general, very respectfully, your obedient servant,

F. W. SEWARD, Acting Secretary of State.

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HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., January 27, 1862.

Brig. Gen. A. PORTER, Provost-Marshal.

DEAR SIR: In the case of Nathaniel N. Clabaugh, of Morgan County, Va., a prisoner confined in the Old Capitol Building, I have the honor to report in obedience to the request of the honorable Secretary of State as follows:

Said Clabaugh was received at this office from General Banks’ division, Upper Potomac, on the 18th instant, accompanied by the following charges:

First. That said Clabaugh was one of a party of four instrumental in conveying information from Maryland to Winchester of a treasonable nature.

Second. That he harbored rebel officers and soldiers.

Third. That he oppressed the Union party of that section of Virginia in which he lived.

Fourth. Refused to take the oath, declaring he was a Virginian and Virginia had declared her independence.

Fifth. That he aided and abetted in connection with Van Arsdale and Fleece, of Morgan County (reported at Frederick), to sustain the rebel Government and was very violent in opposition to the Federal Government.

These several charges stated before me.

JOHN G. HOVEY, Lieut., Thirteenth Regt. Massachusetts Vols., Provost-Marshal, Williamsport.

Witnesses: Lieutenant Grafflen, First Virginia Brigade; Capt. J. Kearns, First Virginia Brigade; others can be obtained.

{p.199}

About the 21st instant Mr. Clabaugh sent to this office from the Old Capitol Building substantially the following statement which he said he was willing to verify on oath: That he was never in Winchester in his life but once, about the 20th of October last, and did not then know a resident of the place; that he went at the request of several men in his neighborhood who had helpless families dependent upon them; that he traveled the entire way to and from Winchester alone; that his business was, first, to see General Carson, and then Colonel Johnson, of the home militia; that he was introduced to General Carson by an old acquaintance from his neighborhood, Doctor Canfield, now he believed a captain; that after being introduced to the general he informed him of his business, stating the helpless condition of his neighbors, and asking him if under the circumstances he could not exempt them from military duty as if they were forcibly taken from their homes (and they would not go otherwise) their families must necessarily suffer; that the general replied very kindly saying he was sorry for them but he had had twenty applications of the kind; that all men were equal and that he could not grant his (Clabaugh’s) request; that he (Clabaugh) was not as he should judge over half an hour with General Carson; has never seen or written to him directly or indirectly before or since nor communicated with him through any other person; in short knew nothing more of him than he had stated; that the first call for militia was merely a notification about the 1st of July, there being no force attempted to his knowledge; that this first call was generally regarded as being unlawful or not authorized by the governor, and so far as their particular vicinity was concerned was as he thought wholly disregarded; that no further call was made until about the 1st of October, when it was currently reported that such as refused to go would be forcibly taken; that at this last date a large majority of their eligible militia had left the State or congregated in the woods of Sideling Height, where they were comparatively safe from arrest, but that some men, probably a dozen, within three or four miles round had families and could not without serious loss and suffering leave either to go to Maryland or to join the rebel army; that at his (Clabaugh’s) earnest solicitation at that time the impressing officer who had discretion in the matter agreed not to disturb the militia in that neighborhood until after they had done their seeding, which agreement was being kept at the time of his (Clabaugh’s) arrest, November 1, no further call having been made up to that time; that after his ineffectual mission to General Carson he went to Colonel Johnson, of their militia, and informed him what he had done, asking him if he had not considerable influence and whether he had not the power to grant his request; that the colonel answered that he had to a certain extent; that he (Clabaugh) then informed him as he had Carson of the unprotected and helpless condition of his neighbors, and requested him as far as lay in his power to favor them; that he (the colonel) most blandly, cheerfully and apparently sincerely informed him that he might say to his neighbors that they should not be further molested if he could possibly avoid it; that this was about two weeks before his (Clabaugh’s) arrest, and that no further notice to or arrest of any party had taken place up to the time of his arrest; that he had not seen Fleece but twice since the Virginia election of last spring; that he (Fleece) was the sheriff of the county, and necessarily passed his (Clabaugh’s) house sometimes and never did so without stopping, business or no business, as was the case on the two occasions above alluded to; that he merely called, probably remaining an hour each time, just about long enough to get his dinner and his horse fed; that he (Clabaugh) {p.200} had never been in his company or passed a line with him directly or indirectly since the occasions above mentioned taking place last spring; that Van Arsdale has not been a near neighbor of his, and as he (Clabaugh) never had any business with him of any kind he had not even seen him for ten months or more to his knowledge until they met in Williamsport, and that he had never passed a word with him about the war either since or before it commenced; that all of his family are uncompromising Union folks, &c.

The above charges and statement is all the evidence that I have been able to collect in this case. The prisoner is quite an old man of frank and earnest manners, and I have no doubt but that his statement is correct. He suggests that his property is all without our military lines, and that it would be unnecessarily jeopardizing it to require him to take the oath of allegiance to the United States at the present time. I understand that he is willing to give his parole of honor not to interfere in this contest.

In conclusion I am inclined to think that Nathaniel N. Clabaugh, of Morgan County, Va., may safely be released from custody on taking the usual oath of allegiance, stipulating that he will not go beyond our military lines during the present contest between the Federal Government and the rebel States.

All of which is respectfully submitted by your obedient servant

E. J. ALLEN.

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DEPARTMENT OF STATE, Washington, January 29, 1862.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: ... Will you please proceed to the different forts wherein persons captured while attempting to run time blockade are confined and release all who are not citizens of the United States and whose testimony is not required in the administration of justice. Please return this inclosure with your report thereon.

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD Assistant Secretary.

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FORT LAFAYETTE, N. Y., January 31, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

DEAR SIR: I desire an investigation of my case, and it is for the purpose of giving you an insight into the circumstances attending my arrest that I now address you. I left Hickman, Ky., November 19 to go to Cairo, Ill., to pay taxes on land that I own on Bird’s Point, Mo. On my way thither I met with Colonel Wallace at Charleston, Mo., and went with him to Bird’s Point. Arriving there I ascertained that my agent was at Cairo. I then asked the colonel for a pass to Cairo which he granted. After paying my taxes to Mr. Falls I was arrested and held for five weeks at the above-named place when I was sent here, arriving at my present quarters on the 29th of December. I know of no charges against me nor have I heard of any reasons for my arrest. For proof as to my loyalty I refer you to Capt. D. L. Duffy, of the flagship Benton.

I remain, yours, respectfully,

C. LEDWIDGE.

N. B.-If it is required I am perfectly willing to take the oath of allegiance.

{p.201}

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HDQRS. ARMY OF THE POTOMAC, January 31, 1862.

Brig. Gen. JOSEPH HOOKER, Commanding Division.

GENERAL: Your communication with accompanying papers concerning the arrest of James T. Blackiston, of Leonardtown, Md., was received at these headquarters some time since. Pressure of public business has caused the delay of this reply. The report of Major Chapman, the officer making the arrest, expressly states that no proof exists that the prisoner had either committed, aided or abetted any treasonable act against the United States nor do the papers show the slightest ground for suspecting that he entertained any such design. The commanding general directs me to say that the unnecessary arrest of any citizen is much to be regretted, and that that of Mr. Blackiston seems to have been without sufficient cause and is therefore not approved. Mr. Blackiston has been discharged.

Very respectfully, your obedient servant,

A. V. COLBURN, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, February 1, 1862.

Maj. Gen. JOHN A. DIX, Baltimore.

GENERAL: For your information I have the honor to inclose herewith an extract* from an intercepted letter which seems to indicate that Mr. N. D. Falls, president of the Bay State Line, Baltimore, is or has been engaged in transmitting correspondence to the insurrectionary States. Will you have the kindness to cause an examination as to the facts to be made and reported to this Department?

I am, general, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

* Not inclosed.

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HDQRS. CITY GUARD, OFFICE OF PROVOST-MARSHAL, Washington, February 1, 1862.

J. L. MCPHAIL, Deputy Provost-Marshal, Baltimore, Md.:

Young Wise, son of General Henry A. Wise, was seen here to-day dressed in uniform. Suspected to have left on 5 p.m. train disguised as an invalid, wearing black pants over uniform pants. He is about twenty-four years old, five feet ten inches high, slim build, very dark-brown hair and eyes large. Youthful appearance. May have mustache and goatee but no whiskers. Look close for him.

A. PORTER, Brigadier-General and Provost-Marshal.

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WASHINGTON, February 3, 1862.

Hon. WILLIAM H. SEWARD.

DEAR SIR: I understand from a reliable source that Senator Bright, of Indiana, will be expelled Tuesday next. I am thoroughly convinced from facts coming to my knowledge that he intends going South as soon as opportunity presents itself. Should he not be put under surveillance at least if not arrested?

Yours, most respectfully,

L. C. BAKER.

{p.202}

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FORT WARREN, Boston Harbor, February 3, 1862.

Lieut. Col. W. HOFFMAN, Commissary-General of Prisoners, Sandusky City, Ohio.

SIR: ... There are now here about fifty-eight prisoners of state. The Government has furnished these with bedding and common furniture.

I am, very respectfully, your obedient servant,

J. DIMICK, Colonel First Artillery, Commanding Post.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky City, Ohio, February 3, 1862.

Col. LUTHER DAY, Judge-Advocate of Ohio, Columbus, Ohio.

COLONEL: I have in my possession petitions for the release of certain prisoners of war now at Camp Chase, and in order that their cases may be properly laid before the Department of State I request of you the favor to inform me of the facts and circumstances as far as they are known to you connected with the arrest of the following-named persons, viz: G. A. Davis, Matthew Bright, George T. Henderson, J. Allen Harwood, W. H. Wise, Lewis S. Farrell, A. W. Jones, J. W. Wigal, W. H. Peterson, J. B. Smith, G. S. Grove, John W. Coffman, John Barneto and Thomas W. Tillman. If there is anything known to you why the cases of any of the above named should not be favorably considered I will be obliged to you if you will mention it. Will you also have the kindness to inform me if the prisoners at Camp Chase have a sufficient supply of bedding which they can bring with them when they are transferred to the depot near this city? Is it public or private property? The depot is supplied with bed sacks.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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DEPARTMENT OF STATE, Washington, February 4, 1862.

Brig. Gen. M. C. MEIGS, Quartermaster-General.

GENERAL: I inclose a confidential letter addressed to me from London by Mr. Joseph L. Chester, and will thank you for any information which you can communicate touching the Mr. Wethered to whom it refers. Please return the inclosure with your answer.

I am, general, your very obedient servant,

WILLIAM H. SEWARD.

[Inclosure.]

LONDON, January 18, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, &c., Washington.

SIR: I feel it my duty to call your attention to the fact that a person who has been for some time in this country representing himself; and I believe correctly so, to be the agent of Union men in Baltimore who hold a Government contract (concerning wool or woolen goods) openly avows himself a secessionist, associates constantly with that class here, {p.203} and habitually uses such ability and influence as he may possess in behalf of the Southern rebellion and in opposition to the Government of which you are at the head. The person to whom I allude is Mr. John Wethered, of the house of Wethered Bros., of Baltimore.

I should be glad if there were any doubt about the facts, for Mr. Wethered and myself have hitherto been upon the most friendly terms. He was here last winter, and before returning home then it was plainly to be seen that his sympathies lay in that direction. After a short absence he returned again to this city in the character above stated, and there is not the slightest doubt that his conduct ever since has been as I have already represented. By reason of our former friendly relations I should desire that if possible my name should not be revealed as the author of this communication, but if necessary I feel that my duty to the true cause is paramount to all private friendship. If you deem the fact of any importance it can be readily substantiated from other sources here. It certainly galls your loyal friends here to know that a man who is doubtless filling his pockets with Government money is at the same time pursuing a treasonable course to that Government, and it seems also proper that you should be advised of the fact in order that you may ascertain whether the direct parties to the contract mentioned are also guilty of the same bad faith or whether they have been misled in the character of the agent they have sent here.

It is proper that addressing you as a stranger I should furnish you with some reference concerning myself. When I left Washington three years ago to spend some time in Europe in literary pursuits I was on intimate terms with (among others) Mrs. Henry R. Schoolcraft and Lieutenant Gilliss, of the Observatory, either of whom I think would be willing to vouch for my social position and my loyalty. I might refer more directly to Hon. E. Joy Morris, U. S. minister at Constantinople, and may also add that I am not unknown to Hon. Simon Cameron through his friend Henry C. Hickok, esq. I beg to add that I hope I am rendering my country and its Government some service here both privately and through the press, and that I should be most happy if you could in any way make my abilities and disposition more directly available. I should be ready at a moment’s warning to go anywhere and do anything in obedience to your instructions. That the true cause needs all the help it can muster here is too true, for the loyal Americans in England are few while the Southern refugees are numerous, unscrupulous and untiring in their efforts to influence the public sentiment, nor are they without evident success. I should also add that I may refer generally to our legation in this city.

I am, sir, with great respect, your obedient servant,

JOSEPH L. CHESTER.

[Indorsement.]

QUARTERMASTER-GENERAL’S OFFICE, February 5, 1862.

Respectfully returned to the Secretary of State.

I know nothing of Wethered Bros. or of Mr. Wethered here referred to. I have written to the quartermaster at Philadelphia to inquire whether he has connections with the house named and will communicate any information he may be able to obtain.

Very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

{p.204}

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DEPARTMENT OF STATE, Washington, February 4, 1862.

Brig. Gen. ANDREW PORTER, &c.

GENERAL: Herewith I inclose for your information a letter* from an agent of the Government of the United States containing a list of disloyal persons at Alexandria and in its vicinity who are in the habit of applying for papers to cross the river back and forth. It is recommended that passes hereafter be withheld from any of the parties therein mentioned unless they shall furnish satisfactory evidence of loyalty.

I am, general, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

* Not inclosed.

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WASHINGTON, February 4, 1862.

Hon. WILLIAM H. SEWARD, &c.

SIR: I have the honor to transmit to you a copy of a letter which I have received from Mr. Thomas Craggs who states himself to be a British subject, and who is it appears confined in the Old Capitol Prison in this city. I shall be very much obliged if you will give me any information which it may seem proper that I should receive concerning his case.

I have the honor to be, with high consideration, sir, your most obedient humble servant,

LYONS.

[Inclosure.]

OLD CAPITOL PRISON, January 28, 1862.

Right Hon. Lord LYONS.

MY LORD: I have the honor to state to your lordship that I am held in this prison, having been arrested on the 12th instant at my home near Pohick, Fairfax County, Va.; that I am a British subject, native of County Durham in England, and that I have resided in America eight years without ever taking any steps whatever toward becoming a naturalized citizen of this country. I have to assure your lordship that I have in no manner had any connection with the disturbances of this country, and am satisfied that no charge can be brought against me with the least show of justice on this score. I have therefore to ask your lordship’s kind interference on my behalf to the end that I may be set at liberty.

THOMAS CRAGGS.

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TREASURY DEPARTMENT, FOURTH AUDITOR’S OFFICE, February 4, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor respectfully to inclose a copy of an official letter addressed to myself by James J. Waddell, late a lieutenant in the U. S. Navy, who was dismissed from the service on the 18th ultimo. I also inclose a copy of his resignation forwarded to the Secretary of the Navy. I desire respectfully to add that this correspondence is transmitted from a sense of duty and with no reference to the request made in his communication of the 1st instant.

I have the honor to be, sir, very respectfully, your obedient servant,

HOBART BERRIAN.

{p.205}

[Inclosure No. 1.]

ANNAPOLIS, MD., February 1, 1862.

HOBART BERRIAN, Esq., Fourth Auditor, Treasury.

SIR: Your communication of this day’s date is before me and in reply to it I have to say that if the Hon. William H. Seward, Secretary of State, will permit me to go South to collect the money my account can be settled in compliance with the order dated April 26, 1861. Otherwise I desire my account settled after the usual custom.

I am, sir, very respectfully, &c.,

JAMES J. WADDELL.

[Inclosure No. 2.]

U. S. SHIP JOHN ADAMS, Saint Helena, November 20, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

Suit: The people of the State of North Carolina having withdrawn their allegiance to the Government and the State from the Confederacy of the United States-owing to these circumstances and for reasons to be hereinafter mentioned-I return to His Excellency the President of the United States the commission which appointed me a lieutenant in the Navy with other public documents, asking acceptance thereof.

In thus separating myself from associations which I have cherished for twenty years I wish it to be understood that no doctrine of the right of secession nor wish for disunion of the States impel me, but simply because my home is the home of my people in the South and I cannot bear arms against it or them.

I am, sir, respectfully,

JAMES J. WADDELL.

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FORT HAMILTON, New York Harbor, February 4, 1862.

Col. E. D. TOWNSEND, Assistant Adjutant-General, Washington, D. C.

SIR: I have received and confined at Fort Lafayette twenty-eight prisoners from Marshal Murray.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Third Artillery.

P. S.-There are now 118 prisoners at the fort. The largest number ever there at one time was about 130.

M. B.

[Indorsement.]

ADJUTANT-GENERAL’S OFFICE, February 7, 1862.

Respectfully submitted to the Secretary of War with the suggestion that a part of the prisoners-mostly political-now confined in Fort Lafayette be recommended to the Department of State to be transferred to Fort Warren on account of the want of means to make so many men decently comfortable in Fort Lafayette at this season.

L. THOMAS, Adjutant-General.

{p.206}

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QUARTERMASTER-GENERAL’S OFFICE, Washington City, February 5, 1862.

SECRETARY OF STATE:

Upon inquiry of the officers in charge of clothing contracts at New York, Philadelphia and Baltimore I learn that they have now no contracts with the house of Wethered Bros., of Baltimore, but that Col. Charles Thomas, formerly in charge of the clothing depot at Philadelphia, made a contract with Charles E. Wethered for 32,500 yards of six-quarter dark blue kersey at $1.69 per yard, which contract was completed on November 21, 1861. This probably is the person and the contract referred to in the confidential letter from London referred to me by the State Department and returned yesterday. I presume Mr. Wethered had visited Europe to purchase wool at a time when its increased price in this country bore heavily upon contractors for army cloths. I know nothing of the person himself.

I am, very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., February 5, 1862.

Brig. Gen. A. PORTER, Provost-Marshal.

GENERAL: In the case of Isaac Ballenger, a prisoner confined in the Old Capitol Building, I have the honor to report as follows: On the 27th of September last the following letter was received at this office:

CAMDEN, September 22, 1861.

JAMES LESLIE, Esq.

DEAR SIR: A man by the name of Isaac Ballenger, a native of Burlington County, N. J., but for the last five or six years a citizen of Saint Joseph in Missouri, is now in this place. He left Saint Joseph, Mo., last Wednesday according to his own account and arrived here Saturday evening. He is now visiting his relatives in New Jersey. He is a violent secessionist, and I understand admits that he was arrested before he left Saint Joseph by the Union men. His mother, a very estimable woman, lives in Virginia between Alexandria and Mount Vernon. She is the wife of David Walton, a Union man, formerly of New Jersey. He has a brother, John Ballenger, who lives close to Walton, in Virginia, who is also a Union man. I understand be (Isaac) is about to visit Washington on his road to Virginia. He will no doubt apply for a pass to visit his relatives in Virginia and will most likely pass himself oft as a Jerseyman. If he gets over into Virginia he will carry information to the rebels and do us mischief You had better watch out for him and put the authorities on their guard against him. His relations in Virginia are all from this State-loyal and very clever people.

Very respectfully, yours, &c.,

THOMAS H. DUDLEY.

On the 7th of November last the following letter was received at this office:

DIVISION HEADQUARTERS, Fort Lyon, November 6, 1861.

Brigadier-General MONTGOMERY, Alexandria.

GENERAL: By the direction of General Heintzelman I send you a man by the name of Isaac Ballenger who was arrested and brought to these headquarters. He has strong Southern proclivities, and came to Alexandria under a pass belonging to another party, not being able to obtain one for himself. He wishes to go to New Jersey. The general requests you to take charge of him to-night and forward him with a guard to the provost-marshal in Washington.

Respectfully,

ISAAC MOSES, Assistant Adjutant-General.

{p.207}

On the same 7th of November on examination at this office Ballenger made substantially the following statement: That he was originally from New Jersey; that he had for four years past resided in Saint Joseph, Mo.; that he left there about the middle of September last to visit his friends in New Jersey, Moorestown, Burlington County, and his mother, Mrs. David Walton, living about two miles from Accotink toward Mount Vernon, Va.; that he went from Missouri directly to New Jersey; that he left New Jersey about sixteen days ago and went to see Isaac Hosea residing near Laurel, Del.; that Hosea accompanied him from Missouri; that he (B.) arrived in Washington on the 22d or 23d of October and went to a boarding house, No. 368 or 386 Eighth street, back of the Patent Office, having been solicited by the man keeping the house on his arrival at the depot; that he stayed in Washington three days trying to obtain a pass to cross into Virginia; that not succeeding he borrowed one belonging to George Haines, speculator in wood, who was at the time boarding at one Augustine’s on Van street, east of Four-and-a-half street; that Augustine obtained the pass for him, he (A.) being an old acquaintance of his (B.’s) and formerly a merchant at Accotink, Va.; that while at Washington he visited the Twenty-third Pennsylvania Regiment to see Richard Lippincott, attached to one of the companies, but that he could not find him; that he was at no other encampment while stopping in Washington; that on the 26th of October he left Washington by boat, using Mr. Haines’ pass, and went to Alexandria; that at Alexandria he met his brother John, living adjoining his stepfather’s, and with him rode to his mother’s near Accotink; that Mr. Augustine accompanied him to Alexandria to take his wife there; she was going to visit some friends and look after their household goods which had been left at their place near Accotink, they having been driven off by the rebel pickets; that he (Ballenger) obtained a pass from General Montgomery’s office to go to Accotink, there being a man there by the name of Joseph Styles who knew him and wrote the pass; that on Wednesday he visited Accotink to see his sister, being accompanied by a guard; that he was no farther than Accotink, two miles from his stepfather’s, during his stay there except on one occasion when he rode with his mother and sister up to his brother Charles’, about five miles from Alexandria toward Mount Vernon; that on Sunday afternoon he left his mother’s for his brother Charles’ on his way back to New Jersey where he proposed stopping a short time prior to his return to Missouri; that he stopped at his brother’s until Monday night when he was arrested by the lieutenant of Company B, of the Fifth Michigan Regiment, on the charge of using another man’s pass; that he (Ballenger) was a clerk in the dry goods house of Powell, Levy & Lemon, Saint Joseph, during the time he was there; that Isaac Hosea was clerk for Toole & Fairleigh, dry goods dealers in Saint Joseph and came east to visit his relatives; that he (Ballenger) has never been under arrest before except in Saint Joseph where he was arrested by some soldiers one evening because he would not allow them to enter the store of which he was clerk, and that in this instance he was discharged after a few minutes by the officer of the company; that he (Ballenger) has no relatives in the rebel army to his knowledge; that he was in Saint Joseph until the day before he left for New Jersey; that one reason for his leaving was the dullness of business there, it being his intention when he left to return again to his situation.

We have here it seems a violent secessionist who no doubt left his situation in Missouri because his insults to Federal soldiers had made {p.208} it too warm for him. Coming here and being refused a pass into Virginia on account of his sentiments and antecedents having been made known before him, he in defiance of the constituted military authorities here crossed the river into Virginia on a fraudulent pass and was hovering on the outside of one of the most vulnerable portions of our entire lines at the time of his arrest. I see but one prudent course to pursue in this case, and that is to keep him in close confinement until the end of the war for the Union when there will no longer be any danger in violent secessionists going at large on fraudulent passes.

All of which is respectfully submitted by your obedient servant,

E. J. ALLEN.

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HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., February 5, 1862.

Brig. Gen. A. PORTER, Provost-Marshal.

GENERAL: In the case of William Oswald Dundas, a prisoner confined in the Old Capitol Building, I have the honor to report as follows:

Said Dundas was sent to this office on the 1st of November last by Brig. Gen. L. P. Graham, stationed between this city and Bladensburg, Md., with a statement that he had been in the habit of leaving his home in the neighborhood on horseback early in the evening and returning sometimes late at night; that when challenged he would represent himself as “officer of the road,” and would use tantalizing and insulting language, asking the sentinels why they did not arrest him, &c.; that the inmates of the house where he lived had been suspected of being secessionists, and that on previous occasions signals had been made from said house; that at the time of his arrest Dundas attempted to force his horse past the sentry challenging him, but did not succeed in so doing; that on being delivered by the arresting sentinel to the officer of the guard Dundas represented himself as a gentleman of means and one who had a right to go where he chose; that in answer to the inquiry why he was always away from his home at night in the present unquiet state of the country, knowing that the roads were lined with picket and grand guard, he said that he went to visit the neighbors; that as his time was his own he could use it as he chose; that in answer to the question whether he was in favor of our Government he said he was not; that he would never be with a Government that oppressed his country; that finally in answer to the question whether he was a secessionist he admitted that he was.

On examination at this office on the 1st of November Dundas stated that he was twenty years of age, and resided about four miles from Washington on the old Bladensburg turnpike; that he was a farmer and lived on a farm owned by his mother; that on the night of the 31st of October he was returning from Mrs. Wood’s, who resided two miles from where he did, and when arriving at the forks of the road he was challenged by a soldier who was on guard; that he answered he was a “resident of the road,” and not “officer of the road,” as had been reported; that this was the first time that he had ever been stopped by the guard at that place; that when he was brought before the major (De Zeng) he told him the same in regard to himself as he stated on this occasion; that he admitted to those arresting him that he was a secessionist as he admitted on the present occasion, but had never taken any part with the secessionists against the Federal Government; that he had friends in the South but had no relatives in the Southern Army; {p.209} that he had not written or received any communications to or from any of his friends now living in the South or verbally sent any communication to any of them; that he would not take the oath of allegiance to the Federal Government of the United States; that he would take the oath of allegiance to support the Confederate States Government so-called were he called upon to do so, and would be proud to be called a rebel under the present existing circumstances.

In a note to the Secretary of War dated January 29 Dundas says that he told the authorities of the provost-marshal’s office that he would not take the oath of allegiance, and does not see why a man should be taken from his family at night and be made to take an oath which he had taken before-that is to support the Constitution of the United States, and that he is willing to take the oath the second time. He also says that if he had told the officers he was a Democrat he would have been taken for as good as a rebel, and consequently he told them he was a rebel to wind up his statement of the case. Not content with this lame and prevaricating management of his own case he takes up the vindication of a fellow-prisoner and kindred spirit named Isaac Ballenger whom he has met with in prison, and of whose case he can know nothing except what he has ascertained in secret conclave and rebel communion in the Old Capitol. This Ballenger as will be seen by a report accompanying this is a violent secessionist who undertook to cross our lines into the rebel States in a surreptitious manner and was only arrested by the vigilance of our soldiers on the outposts.

Here we have the case of a sprig of would-be nobility suspected of disloyal practices but claiming to be “a gentleman of means” (to use his own language) with a right to go where he pleased night or day without being questioned by common soldiers on duty. When challenged by the sentinels of the U. S. Army picketed around the national capital day and night, through sunshine and storm, the faithful guardians of their country’s honor and integrity, he has invariably thrown himself upon his dignity, insulted them to their faces and defied them to arrest him.

After his arrest under the most suspicious circumstances, relying upon the power and influence of his patrimonial wealth acquired from the patronage of the Federal Government, he has refused to take the oath of allegiance after having by his own acts compromised his position; has acknowledged fealty to the Confederate Government and has gloried in being called a rebel. All this has been done after plenty of time for reflection after the excitement naturally attending his arrest.

In his prevaricating note to the Secretary of War after nearly three months’ confinement he but superciliously insults the intelligence of that Department while calling into question the common sense and honesty of this office. He says that he does not see why a man should be taken from his family at night and be made to take an oath which he had taken before-that is to support the Constitution of the United States; that he is willing to take the same oath again, &c.

It was under very different circumstances than being taken from his family at night that he expressed his unwillingness to take the oath of allegiance at this office. He here said nothing about having previously taken the oath even to support the Constitution of the United States and a proposition to have taken the same oath again with the “mental reservations” that he would be likely to make would hardly have been satisfactory.

He also says that if he had told the officers [at the provost-marshal’s office] that he was a Democrat he would have been taken for as good {p.210} as a rebel and he consequently told them he was a rebel to wind up his statement of the case and I suppose get rid of the plebeian public servants who were humbly endeavoring to ascertain his true relation to the Government.

Of course it is not necessary for me to say to you or the honorable Secretary of War that we are not in the habit at this office of confounding Democrats and rebels and that a man’s civil politics or religion has nothing to do with his examination or disposition at these headquarters; and any full-grown man that would resort to such a miserable subterfuge and falsehood to effect his release does not deserve to succeed in his attempt.

The undertaking of Dundas after essaying to clear himself by this miserable prevarication to set himself up as a court-martial and coolly recommend the simultaneous release of one of the most dangerous characters confined in the Old Capitol Building is too ridiculous to be laughable these serious times.

Of course it is unnecessary for me to suggest that the safety of the country demands as a military necessity that this pert sprig of aristocracy-so full of secession venom that he would gladly forswear his foster Government, swear allegiance to the Confederate States and glory in being called a rebel-should be kept in close confinement until the end of the war for the Union. Of course any oath that he would now take would be merely for the purpose of getting out of confinement and would be but adding perjury to treason.

All of which is respectfully submitted by your obedient servant,

E. J. ALLEN.

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DEPARTMENT OF STATE, Washington, February 6, 1862.

JOSEPH L. CHESTER, Esq., London, England.

SIR: I have to acknowledge and thank you for the information contained in your confidential letter of the 18th ultimo. Having referred it to the Quartermaster-General of the United States that officer has learned upon inquiring of the officers in charge of the clothing contracts at New York, Philadelphia and Baltimore that they have now no contracts with the house of Wethered Bros., of Baltimore, but that Colonel Thomas, formerly in charge of the clothing depot at Philadelphia, made a contract with Charles E. Wethered for 32,000 yards of six-quarter dark blue kersey at $1.69 per yard, which was completed on November 21, 1861. This it is thought by the Quartermaster-General is probably the person and the contract referred to by you, and he presumes that Mr. Wethered had visited Europe to purchase wool at a time when its increased price in this country bore heavily upon contractors for army cloths.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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FORT HAMILTON, New York Harbor, February 6, 1862.

Col. E. D. TOWNSEND, Asst. Adjt. Gen., Hdqrs. of the Army, Washington, D. C.

SIR: I have received and sent to Fort Lafayette thirty-eight prisoners from Marshal Murray. They were formerly confined I understand {p.211} in Philadelphia. There are now confined in the fort 153 prisoners, and it is pretty well filled.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

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TREASURY DEPARTMENT, FOURTH AUDITOR’S OFFICE, February 7, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: On the 4th instant I had the honor to inclose certain official letters in the case of James J. Waddell, late a lieutenant in the U. S. Navy. I beg herewith respectfully to submit a copy of Mr. Waddell’s reasons for abandoning the service. The original has been handed me by an officer who served with him in the same vessel and who will bear testimony to his disloyalty.

I have the honor, sir, to be, very respectfully, your obedient servant,

HOBART BERRIAN.

[Inclosure.]

JANUARY 13 1862.

To ALL WHOM IT MAY CONCERN:

I resigned to avoid bearing arms against my father’s home, my father’s sons and my relations, all of whom are scattered through the seceded States, and to whom I am bound by the ties of blood and affection stronger than life itself I prefer to give up my commission in the Navy rather than incur the displeasure and risk the affection of those dear ones. I surrender twenty years’ service and an ample support rather than offer bodily hurt to them. I therefore cannot take the oath offered me. Could I subscribe to it why should I have resigned? I am and have been a citizen of the State of Maryland since the year 1848 when I married in Annapolis, and have at the present time a wife, a child and a little property there. I have no property of any kind in the seceded States. I am not hostile to the Constitution and laws of the United States. I am not its enemy. I venerate the flag, and would to God the strife it is now engaged in was with a foreign and not a domestic foe that I might hazard limb and life and shed freely my blood in its defense. I am pained to feel that a suspicion rests upon me and that it is necessary I should be compelled to declare my intention to remain a quiet, unobtrusive person in the city of Annapolis during this civil war. If the Government officials will [not] consider me above suspicion but hold me a prisoner, a man of felonious intent, I am surely at their disposition. I need no watchman, I need no guard. If I am to be consigned to the walls of a prison I will be the bearer of the order to its keeper and will deliver my body to his care until such a time as it may please the Government to order my release. I simply desire to be permitted to occupy the position of a citizen of the United States just as thousands of men are to-day. I have finished.

JAMES J. WADDELL.

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STATE OF OHIO, EXECUTIVE DEPARTMENT, Columbus, Ohio, February 7, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners, Sandusky, Ohio.

SIR: Yours of February 3 to Col. Luther Day, judge-advocate, inquiring as to a list of prisoners at Camp Chase prison was opened by {p.212} Governor Tod in absence of Colonel Day. Governor Tod sent me to the prison to see as to cause of commitment of these men, &c. I found that all the persons, viz, G. A. Davis, Matthew Bright, George T. Henderson, J. Allen Harwood, W. H. Wise, Lewis S. Farrell, A. W. Jones, J. W. Wigal, W. H. Peterson, J. B. Smith, G. S. Grove, John W. Coffman, John Barneto and Thomas W. Tillman had been already discharged or sent away. The bedding, &c., at camp is public property but is all needed there. There is none that can be sent with the prisoners worth anything. Jonathan Whisler, sent there from Blue’s Gap, Va., as a military prisoner is willing to be discharged on his parole, give security and remain in Ohio and not bear arms. He was a Virginia militiaman and pressed into the service. Is a rheumatic man, and I am satisfied is a non-combatant and ought to be released.

Yours, respectfully,

B. F. HOFFMAN, For Governor Tod.

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HEADQUARTERS, Baltimore, February 8, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In reply to your letter of the 1st instant I have the honor to report that N. D. Falls is not the president of the Bay line of steamers. The president’s name is Moor N. Falls. There is an inaccuracy therefore in the intercepted letter. The person alluded to is no doubt the same. I do not believe from the examination I have made that he has been concerned in the transmission of correspondence except as the provost-marshal is. Open letters with the Confederate postage inclosed are sometimes forwarded to him and handed by him to the provost messenger on the steamer to be delivered to Major-General Wool for examination before they are transmitted to Virginia.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

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ALEXANDRIA, February 9, 1862.

Hon. W. H. SEWARD, Secretary of State:

To-day the Rev. J. R. Stewart was arrested in the pulpit of Saint Paul’s Church in Alexandria for omitting the prayer for the President of the United States by your detective here, Mr. Morton. The omission of that prayer occurred in the same church in my presence weeks since. I reported the fact to the headquarters of the [Army of the] Potomac for the information of the Government, but did not deem it an act that authorized or called for my interference. Had it been a matter of duty I would cheerfully have taken such measures as the circumstances called for and will execute any instructions as may be given in the case, but as it now stands I conceive my rightful authority has been interfered with and the quiet and police order of the city disturbed. May I ask to be put in possession of the Government’s views in such cases. My own views and object in the performance of duty here has been to win rather than force back the affections and adherence of Southern people to the Constitution and its blessings. This I have and still believe the true policy to reinstate the Constitution in all its integrity.

W. R. MONTGOMERY, Brigadier-General.

{p.213}

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ALEXANDRIA, February 9, 1862.

Hon. F. W. SEWARD, Assistant Secretary of State:

Attended church over which Reverend Mr. Stewart is pastor. He omitted to read prayer for the President of the United States, also for Congress. I requested him to read them twice. He declined. Ordered him under arrest as a state prisoner. He is a Northern secessionist.

S. W. MORTON.

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HEADQUARTERS, Baltimore, February 10, 1862.

His Excellency AUGUSTUS W. BRADFORD, Governor of Maryland.

SIR: Hon. R. B. Carmichael has for many months been one of the prime movers of disaffection and disloyalty on the Eastern Shore of Maryland. He was the author of a treasonable memorial to the legislature, published and circulated under his own signature while holding a place on the bench. His charges to the grand juries in his district have been inflammatory and insulting to the Federal Government. He has caused military officers to be indicted and has charged grand juries that it was their duty to find bills against all persons who had given information on which arrests had been made by order of the Government. Under his instructions Brigadier-General Lockwood-whose conduct has been marked by the most prudent and discreet forbearance in the execution of my orders which have been by many regarded as too lenient-was subjected to the indignity of an indictment. This man is a dishonor to the bench. He is a dishonor to the loyal State of Maryland. I have forborne to take any measures in regard to him by the advice of gentlemen on the Eastern Shore; but I believe the feeling is now nearly unanimous that his disloyal and vindictive conduct has been endured too long. It was proposed months ago to arrest him and send him to Fort Lafayette. Though he deserves it I prefer to have him sent into the Confederate States to be turned over to the insurgents with whom he sympathizes and whose cause he is doing all in his power to promote. He is unworthy of the protection of a Government which he is laboring to subvert and he ought not to enjoy its privileges. I think he should go where he will find congenial associations. In this matter I should be glad to know Your Excellency’s views.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

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Extract* from proceedings of the British Imperial Parliament, Monday, February 10, 1862, in relation to the arrest of British subjects in America.

The Earl of Carnarvon said he was anxious to ask a question of some importance of the noble earl [Russell], the secretary of foreign affairs. The House would remember that on Friday last he made some remarks on the case of an Englishman in America who had been taken into custody and sent to prison under the warrant of Mr. Seward. Since Friday {p.214} he had received further information in reference to similar cases, but they were if possible worse than the one he then mentioned. He understood that at this moment there were no less than three British subjects who had been for four or five months confined in Lafayette prison, and they had been detained there without any charge of any sort or kind having been made against them. There had been no inquiry made into their cases. An inquiry had been asked for, but it had been refused unless they first consented to take the oath of allegiance to the Government of the United States.

Now if that were so it was clear that those persons had been illegally arrested, illegally imprisoned and illegally detained, and there ought not to be a moment lost before clearly understanding the present position of affairs. [Hear.] In these American prisons there were confined persons of every rank and means and intelligence, and many who had been brought up in affluence-there were representatives of the liberal professions, of the bar, the press and the judicature, and many of the best classes of American society. They had been arrested and dragged from prison to prison and they had undergone very great hardships. So far as it concerned the American citizens their lordships’ House had nothing to do except in this way that their position would throw some light upon the manner in which British subjects were treated in prison. The state of this prison was very bad. In it were confined twenty-three political prisoners, and two-thirds of them were placed in irons. From this prison the light and air were excluded, the ventilation was imperfect and the atmosphere was oppressive and intolerable. The prisoners were deprived of the decencies of life, and the water supplied to them was foul and for some purposes it was salt. He had received these facts from an authority which he could not doubt, and he believed in their correctness.

The names of the British subjects were Charles Green** formerly a British merchant resident at Savannah. He went from Liverpool, and his connection with this country had been maintained to the present time, for he had now a son residing at Liverpool. The next person was Andrew Low,** also a British merchant residing at Savannah, and he had children now at school at Brighton. The other person was an Irish laboring man who went out to America in October, 1860, in search of a relative resident near Harper’s Ferry, and the troops of the Federal Government having found him there he was taken into custody and the oath of allegiance having been tendered to him and refused he was dragged to a prison in New York and had since been confined there. Now if these persons had broken the laws of the United States they ought to be brought to trial and if they were found guilty then let them be sentenced according as the law directed; but if they had not broken any law then they ought not to be kept in prison for an indefinite period and on secret charges. He understood that an inquiry would be directed into the cases of these persons, but Mr. Seward made it a preliminary condition that they should take the oath of allegiance to the Government of the United States. Now the very fact that these persons would not do that served to show that they were British subjects. He wished to know how far the noble earl had been informed of these things and what steps or measures he had taken to obtain redress.

{p.215}

Earl Russell said:

I conclude that the noble earl has hardly read the papers which have been laid upon the table of the House by command of Her Majesty for the noble earl would there have found a correspondence between Lord Lyons and Mr. Seward and also between Her Majesty’s Government and Lord Lyons on this subject. The noble earl in his statement seems hardly to have taken into account the very critical circumstances in which the Government of the United States has been placed. In the spring of last year nine of the States in the scheme of confederation declared war against the Government of the United States. In such circumstances as these it is usual for all governments to imprison upon suspicion persons who they consider are taking part in the war against them.

In a case which happened not many years ago, viz, 1848, when there was a conspiracy for the purpose of overturning the authority of Her Majesty the secretary of state applied to the other House of Parliament for authority to arrest persons on suspicion, viz, for the suspension of the habeas corpus act, and in the papers presented to Parliament at that date there are two cases in which the lord-lieutenant of Ireland had ordered the arrest of two American persons; a complaint was thereupon made by the American Government, and my noble friend (Lord Palmerston), at that time at the head of the foreign office, replied that with regard to those persons the lord-lieutenant had due information upon which he relied that those persona were engaged in practices tending to subvert the authority of the crown and were aiding practices which were being pursued in that part of the kingdom. Those persons were never brought to trial, but on that authority they were arrested.

After this civil war broke out in America complaints were made by certain British subjects that they had been arrested upon suspicion. I immediately directed Lord Lyons to complain of that act as an act enforced by the sole authority of the President of the United States and especially in regard to one of those persona there seemed very light grounds of suspicion and I said he ought not to be detained. I am not here to vindicate the acts of the American Government for one or for any of those cases. Whether they had good grounds for suspicion or whether they had light grounds for suspicion it is not for me here to say. If I thought there were light grounds for suspicion it was my business to represent that to the Government of the United States, but it is not my business to undertake their defense in this House. The American minister replied that the President had by the Constitution the right in time of war or rebellion to arrest persons upon suspicion and to confine them in prison during his will and pleasure.

This question has been much debated in America and judges of high authority have declared that the writ of habeas corpus could not be suspended except by an act of Congress. But certain lawyers have written on both sides of the question; and I have recently received a pamphlet in which it is laid down that the meaning of the law of the United States is that the writ of habeas corpus can be suspended on the sole authority of the President of the United States. The question itself was brought before Congress and a resolution was proposed that there should be no arbitrary arrests except with the sanction of Congress. But it was contended that it was part of the prerogative of the President and a large majority decided that the question should not be discussed and thereby left the President to act for himself. So much for the power given by the Constitution of the United States.

With regard to the particular acts which the Secretary of State under the sanction of the President has authorized as to the arrest of British subjects as well as American subjects, I am not here to defend those arrests, but I certainly do contend that it is an authority which must belong to some person in the Government if they believe that persons are engaged in treasonable conspiracies in the taking part as spies or in furnishing arms against the Government. I believe that in regard to many of the cases of arbitrary authority that power was abused. I believe that not only with regard to persons arrested but in the courses pursued there was unnecessary suspicion, but I do not find that in any case there has been any refusal to allow British consuls at places where convenient to hear the cases of those persons or when a statement was made by the British minister that Lord Lyons was slow in representing the case to Mr. Seward. Lord Lyons represented to me that these cases took up a great part of his time and he was anxious to investigate every one of them.

Nor can I say that Mr. Seward has refused at any time to listen to those complaints. He has always stated that he had information upon which he could depend that these persons were engaged in treasonable practices against the Government of the United States. That being the question, the noble earl states upon his own authority that the arrests are illegal and that the persons are kept in prison illegally. But that is more than I can venture to say. I can hardly venture to say that the President of the United States has not the power, supposing persons are engaged in treasonable conspiracies against the authority of the Government, to keep them in {p.216} prison without bringing them to trial; and it would require a strong denial of the authority of the law officers of the United States before I could presume to say that the President of the United States had not that power.

With regard to the particular cases which the noble earl has referred to I am unable to say whether or not some of those persons may not have been engaged in these conspiracies. We all know that during the time in which the United States have been divided there has been much sympathy shown in this country on one side and on the other; some have shown a strong sympathy for the North and some for the South. [Hear, hear.] With regard to some of those cases I have stated I thought the circumstances were such that it was quite evident that they had not been engaged in any conspiracy. There was one gentleman who happened to be a partner in a firm, and the other partners had great connections with the South. It was true that the firm had strong Southern sympathies, but the gentleman himself was a firm supporter of the Government of the Union. It was the mere circumstance of letters being sent to his partner which induced his arrest. I thought that a most arbitrary and unjust Proceeding. [Hear.] Mr. Seward said he thought the circumstances were enough to induce suspicion: but as soon as it was ascertained that there was no ground for suspicion that gentleman was released.

An innocent person being arrested and confined for several days in prison was undoubtedly a great grievance, and one for which he was entitled to compensation; but beyond the right to complain and beyond the constant remonstrances of Lord Lyons, the British minister, in every such case I do not hold that the circumstances warrant further interference. I believe the gentleman to whom I allude had stated that he expected his own friends would procure his release. The noble lord mentioned three cases. I was not aware of the cases the noble lord would mention. But with regard to Mr. Green this is the statement he made on the 5th of September: “I desire no action to be taken by my friends in England in consequence of my arrest. Lord Lyons has represented my case, and it will receive investigation in due time. Meanwhile I am in the hands of the officers of this fort.” There have been other cases of arrest and imprisonment under circumstances involving considerable hardship.

There have been many cases of arbitrary imprisonment without trial; and these cases of arbitrary imprisonment have taken place under a Government which is engaged in a civil war, perhaps one of the most serious and formidable in which any country was ever engaged. Right or wrong, it is not for us to decide; but we must admit that all the means that have been used by civilized nations in warfare against each other are open to the Americans in this case. With respect to the particular cases I believe that to whatever cause it may be owing-whether owing to the novelty of the case in North America or to the inexperience of persons who are not conversant with the carrying out of affairs, or whether it is this that arbitrary power can never be safely intrusted to any one without being abused-to whatever cause it is owing I believe there will ever be many cases of abuse of such power. [Hear, hear.]

But in every case where a British subject is arrested and a reasonable case is made out for him I shall be ready to instruct Lord Lyons to bring the case under the consideration of the Government of the United States. Lord Lyons has never been wanting in his duty. [Hear, hear.] Be has I think shown himself a vigilant British minister in that respect; and I trust your lordships will not think that these cases have been neglected by the Government of this country. [Hear.]

* See Executive Document, third session Thirty-seventh Congress, 1862-1863, Vol. I.

** See Lyons to Seward, November 16, 1861, with its inclosure, and Seward to Lyons in answer January 6, 1862, case of Andrew Low, Mrs. John Low, and Charles Green, p. 1031 et esq.

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DEPARTMENT OF STATE, Washington, February 11, 1862.

Maj. Gen. JOHN A. DIX, Baltimore, Md.

GENERAL: Your letter of the 8th instant relative to Mr. N. D. Falls has been duly received and I thank you for the information which it contains.

I am, general, your obedient servant,

WILLIAM H. SEWARD.

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OFFICE OF COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, February 11, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to acknowledge the receipt of your letter of the 28th ultimo and I beg leave to say in reply that in answer to my {p.217} inquiries as to the facts and circumstances connected with the arrest of certain prisoners confined at Camp Chase to whom I referred in my letter to the Adjutant-General of the 13th ultimo I have been informed by direction of Governor Tod of Ohio that all of them had been already discharged at his receipt of my letter. I am not informed by what authority the discharge was made, though I judge it was not made by order of the Governor as his private secretary went out to Camp Chase to inquire for the men. The following are their names, viz: G. A. Davis, Matthew Bright, George T. Henderson, J. Allen Harwood, W. H. Wise, Lewis S. Farrell, A. W. Jones, J. W. Wigal, W. H. Peterson, J. B. Smith, G. S. Grove, John W. Coffman, John Barneto and Thomas W. Tillman. From those it was my intention to select the most favorable cases.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col., U. S. Army, Commissary-General of Prisoners.

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DEPARTMENT OF STATE, Washington, February 12, 1862.

His Excellency DAVID TOD, Governor of Ohio.

GOVERNOR: I have the honor to acknowledge the receipt of your note of the 28th ultimo introducing General George W. Morgan and requesting the Department to consult freely with him relative to prisoners confined at Camp Chase, Ohio, and also to have your duties in the premises defined and pointed out. In reply I have the honor to state that the Department sometimes desires to take the advice of gentlemen of known character and standing in regard to the cases of prisoners confined at different military posts in the country so that the Secretary of State may act intelligently and for the best interests of all concerned. Governor Dennison was kind enough to perform these duties for a time at Camp Chase, and when his term of office as governor expired the Secretary sent to you not as a duty but as an act of kindness to him and for the Government of the United States, and if he should have occasion to make similar requests in the future he will endeavor to explain the nature of the service required in each case in the communication to you upon the subject.

I have the honor to be, governor, very respectfully, your obedient servant,

F. W. SEWARD, Assistant Secretary.

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ALEXANDRIA, VA., February 12, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In compliance with your request I respectfully submit to you the following report of the arrest of a secessionist on Sunday last in this city whose arrest and subsequent release by order of General Montgomery occasioned considerable excitement.

The Rev. J. R. Stewart, an Episcopal clergyman officiating at Saint Paul’s Church, has long been notoriously known in this city as an open and avowed secessionist, denying the authority of the Government of the United States and recognizing that of the (so-called) Confederate States and of Bishop Meade who has seceded. He has habitually refused to read the prayer for the President of the United States as established {p.218} by the authority of the church and only omitted to pray for Jeff. Davis and his Government (as he avowed to his congregation one week before) because they (the church) were so peculiarly circumstanced. His congregation is made up almost wholly of rebel citizens of Alexandria, well known for their habitual mockery of the Stars and Stripes and their insolent bearing toward Union citizens and U. S. soldiers.

Learning the truth of these statements beyond a question I attended Saint Paul’s Church on Sunday morning and when Stewart omitted to read the prayer for the President of the United States as required by the church service I arose and respectfully requested him to do so. He paying no attention to my request I again requested him to read the prayer with the same result. Immediately Captain Farnsworth, of the Eighth Illinois Cavalry, who was present and to me an entire stranger, arose and demanded that he should read the prayer. Still refusing Captain Farnsworth ordered his sergeant to arrest and take him to the quarters of Colonel Farnsworth, of the same regiment, which order was immediately executed. Fearing a collision between the congregation and the military present I immediately directed Captain Farnsworth to hold him only as a state prisoner subject to your order.

After arriving at the headquarters of Colonel Farnsworth, Stewart sent for Brigadier-General Montgomery, military governor of the city, who soon called in. At the request of General Montgomery Stewart was delivered to his custody and was not long after by him discharged from arrest I am informed unconditionally.

This arrest I believe was approved and applauded by the Union citizens of Alexandria and by the military officers here with scarcely an exception.

In this connection I deem it proper for me to attempt to give you some correct idea of the condition of things in this city and to call the attention of the Government to the abuses (as they seem to me) which are practiced almost constantly. There are a large number of secession sympathizers resident here who openly and defiantly boast of being secessionists and avow their disposition to aid the rebels all in their power and to do us all the harm they can. Many of them, especially the females, are in the practice of insulting the soldiers of the United States, denouncing our flag and the authority which upholds it. Yet these people are freely granted passes to go to and fro to Washington and wherever else they desire by the military authorities.

The divisions of Generals Heintzelman, Sumner and Franklin are within from two to four miles of Alexandria, and many of the men of those divisions are obliged to visit here constantly to procure their letters, supplies, express matter, &c. Two regiments of troops are quartered in Alexandria, yet in all parts of the city may be found the vilest of whisky dens and rum holes and other vile places of corrupt debauch to demoralize the soldiers, carrying on their trades not only without opposition but with (many of them) absolute protection. In consequence the streets leading from the city toward the camps of those divisions are almost constantly filled with staggering, drunken soldiers, poisoned and rendered unfit to serve their country in this trying hour; their money filched from them, the Army disgraced and weakened, and all under the eye and protection of military officers of the General Government.

Under this state of things I have no doubt that Alexandria is made a rendezvous by rebels and a depot whence information and correspondence is obtained and constantly kept up. Rebels who are in active {p.219} correspondence and close league with the enemy have been arrested and passes from high military functionaries found upon them.

In conclusion I beg to suggest the great importance to the cause of the Union that more stringent measures should be adopted and a wiser policy pursued in the military administration of the affairs at this point.

I am, sir, respectfully, your obedient servant,

S. W. MORTON, Special Government Agent.

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NEW YORK, February 12, 1862.

F. W. SEWARD, Assistant Secretary of State.

SIR:

...

P. S.-Allow me to observe that there are over 150 prisoners now in Fort Lafayette, a number too large by fifty. Some steps ought to be taken to reduce the number.

Yours,

S. C. HAWLEY.

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DEPARTMENT OF STATE, Washington, February 13, 1862.

Lieut. Col. MARTIN BURKE, Fort Lafayette, New York Harbor.

COLONEL: Will you please transmit to this Department a list of all the persons received and held in confinement at Fort Lafayette and Fort Hamilton other than prisoners of war since the 4th of March, 1861, with a statement showing when and on whose order they were severally received, when and on whose order any of them were transferred to any place of detention or discharged, and especially designating such as now remain in custody at Fort Lafayette and Fort Hamilton aforesaid?

I am, colonel, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

(Same mutatis mutandis to Col. Justin Dimick, Fort Warren, Boston; Maj. Gen. John A. Dix, Fort McHenry, Baltimore, Md.; Maj. Gen. John E. Wool, Fortress Monroe, Va.; Col. G. Loomis, Fort Columbus, N. Y.; Brig. Gen. Andrew Porter, Old Capitol Prison, Washington; Col. V. Bausenwein, Camp Chase, Ohio; provost-marshal, Cairo, Ill.; Capt. George E. Leighton, provost-marshal, Saint Louis, Mo.)

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DEPARTMENT OF STATE, Washington, February 13, 1862.

Right Hon. Lord LYONS, &c.

MY LORD: Referring to my note of the 4th of December last relative to the alleged maltreatment of the captain of the schooner Louisa Agnes I now have the honor to inclose to you the copy of a communication of yesterday addressed to this Department by the Secretary of the Navy on that subject.

I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.

WILLIAM H. SEWARD.

{p.220}

[Inclosure.]

NAVY DEPARTMENT, Washington, February 12, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In compliance with your request of the 4th of December last the Department wrote for statements from the officers of the U. S. steamer Susquehanna respecting the treatment of the captain of the English schooner Louisa Agnes, seized for a violation of the blockade. The statements have just been received, and are herewith submitted with a letter from Flag Officer Du Pont dated the 28th ultimo. Will you please return them when you shall have no further use for them?

I have the honor to be,

GIDEON WELLES.

[Sub-inclosure No. 1.]

FLAG-SHIP WABASH, Port Royal Harbor, S. C., January 28, 1862.

Hon. GIDEON WELLES, Secretary of the Navy, Washington.

SIR: On the return to this port of the Susquehanna from blockading duty I called the attention of Captain Lardner to the subject of the treatment of the master and crew of the English schooner Louisa Agnes.

I have the honor to inclose communications from Captain Lardner, Lieutenant (Commanding) Bankhead and Lieutenant Weaver.

Respectfully, your obedient servant,

S. F. DU PONT, Flag Officer, Commanding South Atlantic Blockading Squadron.

[Sub-inclosure No. 2.]

U. S. STEAMER SUSQUEHANNA, Port Royal, January 24, 1862.

Flag Officer S. F. DU PONT, Comdg. South Atlantic Block. Squadron, Port Royal, S. C.

SIR: I have the honor to acknowledge the receipt of a copy of a dispatch from the Navy Department of December 11 referring to the treatment of the master and crew of the English schooner Louisa Agnes together with extract from Lord Lyons’ letter to the Secretary of State and an extract from the affidavit of the master, to which my attention is called.

Captain Chauncey who commanded this ship at the time was detached soon afterward. From the senior lieutenant, Bankhead, now in command of the Pembina, I inclose a statement of the treatment and condition of the men; also one from Lieutenant Weaver, of this ship.

Very respectfully, your obedient servant,

J. L. LARDNER, Captain.

[Sub-inclosure No. 3.]

U. S. STEAMER SUSQUEHANNA, Port Royal, S. C., January 24, 1862.

Capt. JAMES L. LARDNER, Commending U. S. Steamer Susquehanna, Port Royal, S. C.

SIR: In reply to your request of this day I have to state that the master of the schooner Louisa Agnes was received on board this ship on the 10th day of September, 1861. He (Robert Nicholson, master of {p.221} the schooner Louisa Agnes) was furnished with bedding and a hammock and took his meals in one of the messes of the crew of this ship where he was treated as a member of said mess. The said Nicholson would not have been received in any officers’ mess as his personal condition was filthy and ragged in the extreme.

I am, respectfully, your obedient servant,

A. W. WEAVER, Lieutenant, U. S. Navy.

[Sub-inclosure No. 4.]

U. S. GUN-BOAT PEMBINA, Port Royal, January 25, 1862.

Capt. JAMES L. LARDNER, Commanding U. S. Steamer Susquehanna,

SIR: In answer to your request to furnish you-with the particulars as to the treatment of the captain and two of the crew of the Louisa Agnes while on board of the Susquehanna, of which ship I was first lieutenant, I have to state that the said captain and men after having been transferred from the Cambridge were both messed and berthed. He, the said captain, was recognized by several of the crew as having served on board a U. S. vessel of war in the capacity of seaman at some previous time.

His personal appearance and want of cleanliness was such that I did not feel justified in berthing him in the steerage where I had been in the habit of putting men of his class while on board of the Susquehanna. A ration was issued for himself and the two men, and a place assigned on the forward orlop deck (under a sentry’s charge) for their effects. He was treated as well as the crew of the ship and quite as well as I judged from his manners and appearance he had any reason to expect.

While the said captain and two men were on board of the Susquehanna none of them were put in irons or in any manner deprived of their personal liberty, but were treated with all the consideration which men in their situation were entitled to.

Respectfully, your obedient servant,

J. P. BANKHEAD, Lieutenant, Commanding.

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FORT HAMILTON, New York Harbor, February 13, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: There are now about 170 prisoners at Fort Lafayette. I have to request that immediate orders may be given that no more be sent to that post. I have to request if the good of the service will permit that some designated portion of the above prisoners be sent to Fort Columbus or Fort Warren.

Very respectfully, your obedient servant,

M. BURKE, Lieutenant-Colonel, Commanding.

–––

Executive Order, No. 1, Relating to Political Prisoners.

WAR DEPARTMENT, Washington, February 14, 1862.

The breaking out of a formidable insurrection based on a conflict of political ideas being an event without precedent in the United States {p.222} was necessarily attended by great confusion and perplexity of the public mind. Disloyalty before unsuspected suddenly became bold, and treason astonished the world by bringing at once into the field military forces superior in number to the standing Army of the United States.

Every department of the Government was paralyzed by treason. Defection appeared in the Senate, in the House of Representatives, in the Cabinet, in the Federal courts; ministers and consuls returned from foreign countries to enter the insurrectionary councils or land or naval forces; commanding and other officers of the Army and in the Navy betrayed our councils or deserted their posts for commands in the insurgent forces. Treason was flagrant in the revenue and in the post-office service as well as in the Territorial governments and in the Indian reserves.

Not only governors, judges, legislators and ministerial officers in the States but even whole States rushed one after another with apparent unanimity into rebellion. The capital was besieged and its connection with all the States cut off.

Even in the portions of the country which were most loyal political combinations and secret societies were formed furthering the work of disunion, while from motives of disloyalty or cupidity or from excited passions or perverted sympathies individuals were found furnishing men, money and materials of war and supplies to the insurgents’ military and naval forces. Armies, ships, fortifications, navy-yards, arsenals, military posts and garrisons one after another were betrayed or abandoned to the insurgents.

Congress had not anticipated and so had not provided for the emergency. The municipal authorities were powerless and inactive. The judicial machinery seemed as if it had been designed not to sustain the Government but to embarrass and betray it.

Foreign intervention openly invited and industriously instigated by the abettors of the insurrection became imminent and has only been prevented by the practice of strict and impartial justice with the most perfect moderation in our intercourse with nations.

The public mind was alarmed and apprehensive though fortunately not distracted or disheartened. It seemed to be doubtful whether the Federal Government which one year before had been thought a model worthy of universal acceptance had indeed the ability to defend and maintain itself.

Some reverses which perhaps were unavoidable, suffered by newly levied and inefficient forces, discouraged the loyal and gave new hopes to the insurgents. Voluntary enlistments seemed about to cease and desertions commenced. Parties speculated upon the question whether conscription had not become necessary to fill up the armies of the United States.

In this emergency the President felt it his duty to employ with energy the extraordinary powers which the Constitution confides to him in cases of insurrection. He called into the field such military and naval forces unauthorized by the existing laws as seemed necessary. He directed measures to prevent the use of the post-office for treasonable correspondence. He subjected passengers to and from foreign countries to new passport regulations and he instituted a blockade, suspended the writ of habeas corpus in various places and caused persons who were represented to him as being or about to engage in disloyal and treasonable practices to be arrested by special civil as well as military agencies and detained in military custody when necessary to prevent them and deter others from such practices. Examinations {p.223} of such cases were instituted and some of the persons so arrested have been discharged from time to time under circumstances or upon conditions compatible as was thought with the public safety.

Meantime a favorable change of public opinion has occurred. The line between loyalty and disloyalty is plainly defined. The whole structure of the Government is firm and stable. Apprehension of public danger and facilities for treasonable practices have diminished with the passions which prompted heedless persons to adopt them. The insurrection is believed to have culminated and to be declining.

The President in view of these facts and anxious to favor a return to the normal course of the administration as far as regard for the public welfare will allow directs that all political prisoners or state prisoners now held in military custody be released on their subscribing to a parole engaging them to render no aid or comfort to the enemies in hostility to the United States.

The Secretary of War will, however, in his discretion except from the effect of this order any persons detained as spies in the service of the insurgents or others whose release at the present moment may be deemed incompatible with the public safety.

To all persons who shall be so released and who shall keep their parole the President grants an amnesty for any past offenses of treason or disloyalty which they may have committed.

Extraordinary arrests will hereafter be made under the direction of the military authorities alone.

By order of the President:

EDWIN M. STANTON, Secretary of War.

–––

NEWPORT BARRACKS, KY., February 14, 1862.

Capt. J. B. FRY, Assistant Adjutant-General and Chief of Staff.

SIR: I have the honor to report that to-day five more prisoners were sent here by Colonel Warner, Eighteenth Kentucky Volunteers, and are now confined here for safe-keeping, viz:

Benjamin Hayden, charged “with aiding and abetting Jenkins and the Adamses in their efforts to raise a company of men to burn the bridges on the Kentucky Central Railroad; also harboring and organizing recruits for the rebel army, concealing arms and supplying them therewith,” &c. John Hayden, son of the said Benjamin, charged with same offenses as the father. Nelson Yarber, charged with being the “secretary and treasurer of the organization of the Knights of the Golden Circle;” also with “procuring arms, powder, &c., and distributing them to persons pledged to resist the action of the State and aid the present rebellion;” and also with “encouraging persons to enlist in companies for the accomplishment of these purposes and to intimidate by every possible means the loyal men of his neighborhood.” Richard Hull, charged with being “a very desperate character,” who has been “carrying a U. S. musket for some months,” and “proclaimed publicly a purpose to use it for the destruction of Union men;” also that “he has been making himself a terror to all loyal men of his neighborhood.” Alexander Webster, charged with having “once started to join the rebel army,” but “was captured and brought back and subsequently released after which he committed a rape on the wife of a soldier, and fled to Owen County for protection.”

I also report that David Kinman, sent here a few days since and reported by me as confined here, it now appears from a letter from {p.224} Colonel Warner addressed to me was sent here by mistake, he being “a deserter from Captain Johnson’s company.” He has accordingly been released and returned to Colonel Warner in charge of one of his officers sent here for him.

I am, sir, very respectfully,

J. P. SANDERSON, Lieutenant-Colonel Fifteenth Infantry, Commanding.

–––

DEPARTMENT OF STATE, Washington, February 15, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: Permit me to introduce Mr. L. C. Baker, who has been employed by the State Department in, the detective service and who so far as known has discharged his duties in a manner highly acceptable. In consequence of Executive Order, No. 1, dated February 14, this Department has no further need of his services. He is commended to your favorable consideration as a capable and efficient officer.

I have the honor to be, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, February 15, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to transmit herewith a letter* from H. Dunn, a special agent of the Government employed at Rouse’s Point, in which he reports the seizure and detention of bonds of the insurrectionary States to the nominal value of $7,000 together with other property in transitu for supposed disloyal purposes. Under the order (No. 1) of the War Department dated February 14 the disposition of matters of this nature is transferred to the War Department and the functions of Mr. Dunn as special agent of the State Department are terminated.

He has been instructed to deliver this letter in person, and I have the pleasure in this connection of commending him to the War Department as an efficient, competent and laborious officer, whose discharge of his duties so far as known has been eminently satisfactory to this Department.

I have the honor to be, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

* Not inclosed.

–––

HEADQUARTERS, Fort Columbus, February 15, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

Suit: I have the honor to transmit herewith a list of all the persons received and held in confinement at this post other than prisoners of war since March 4, 1861, agreeably to your request of the 13th instant received this morning. There are neither political prisoners nor prisoners of war now at this post. The last detachment (sixteen left behind sick) were sent to Fort Warren January 28 ultimo.

Very respectfully, your obedient servant,

G. LOOMIS, Colonel Fifth Infantry, Commanding.

{p.225}

[Inclosure.]

List of political prisoners received at Fort Columbus, New York Harbor.

Names.When received.When discharged.Transferred.Remarks.
When.Where.
1861.1861.1861.
Thomas ShieldsSept. 13Oct. 30Fort Warren, Mass.Citizen of Baltimore, Md.
William McKewendoOct. 5Do.
Benjamin F. McCawleydodoDo.
George ThompsondoOct. 30Fort Warren, Mass.Do.
John WilkinsdoOct. 5Do.
A. WilliamsondoOct. 30Fort Warren, Mass.Do.
Patrick CrohandoSept. 24Do.
James CampbelldoOct. 5Do.
David H. LucchesidoFort Warren, Mass.Do.
Alexander ConnerdoOct. 5Do.
Frederick TollenbackdodoDo.
Patrick ConwaydodoDo.
George A. AppletondoOct. 30Fort Warren, Mass.Do.
David SummersdododoDo.
Michael J. GradydododoDo.
Jehu L. BouldindododoDo.
George SummersdoOct. 5Do.
Samuel DavidsondodoDo.
George GosswelldodoDo.
Dennis KellydoSept. 24Do.
Philip CassidydoOct. 5Do.
Ex-Police Marshal KaneOct. 11Oct. 30Fort Warren, Mass.Do.
R H. BiggerOct. 27dodoDo.
W. F. McKewendododoDo.
Robert RenwickdododoDo.
Robert RaedododoDo.
Charles D. FrenchdododoDo.
Thomas B. GilesdododoCitizen of Delaware.
Joseph BacondododoDo.
S. B. FrostdododoDo.

–––

HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, February 16, 1862. (Received 19th.)

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In reply to your communication of the 13th instant in relation to “persons received and held in confinement at Fortress Monroe other than prisoners of war since the 4th of March, 1861,” I have the honor to report that there are no records at these headquarters whereby such information can be obtained previous to my assuming command on the 17th of August, 1861.

On the 14th of September, 1861, I received from Major-General Dix by direction of the Secretary of War the following-named prisoners arrested in Baltimore: S. T. Wallis, George W. Brown, Henry M. Warfield, William G. Harrison, Charles H. Pitts, Leonard G. Quinlan, T. Parkin Scott, Robert M. Denison, Lawrence Sangston, Henry May, Ross Winans, F. Key Howard, John Hanson Thomas, Andrew A. Lynch and Thomas W. Hall, jr.*

On the 23d of September, 1861, Mr. Ross Winans was released by the direction of the Secretary of War on his renewing the parole which he had given on a previous arrest. On the 24th of September the remainder of these prisoners were forwarded by direction of Lieutenant-General Scott to Fort Lafayette.

* See Vol. I, this series, p. 667, et seq., for the arrest of the members of the Maryland legislature.

{p.226}

In addition to the above-named prisoners Charles K. Gallagher, of North Carolina, taken on board the brig H. C. Brooks August 29, 1861, off Hatteras by Commodore Stringham’s forces was retained as a prisoner at Fort Monroe from August 30 until January 25, 1862, when he was released and permitted to proceed to Norfolk on his parole.

The above list comprises all the prisoners indicated in your communication.

I have the honor to be, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

–––

HEADQUARTERS, Baltimore, February 17, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In accordance with the request contained in your letter of the 13th instant I have the honor to inclose a list of prisoners other than prisoners of war received at Fort McHenry since the 4th of March last. A large number of these prisoners were discharged subsequently to their transfer from Fort McHenry to other places of detention, and I have not deemed it necessary to designate them as I suppose the evidence of all such discharges is in the State Department. Mr. Malcolm Ives is regarded as a prisoner of war and is not included in the list.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

[Inclosure.]

Report of political prisoners taken, released and remaining since March 4, 1861, at Fort McHenry, Md.

Name.Date of confinement.Residence.How disposed of.
John MerrymanMay 25, 1861Baltimore County.Transferred to civil authority.
Richard F. MoranJune 25, 1861Baltimore, Md.Released on oath of allegiance July 16, 1861.
Geo. P. KaneJune 27, 1861doSent to Fort Lafayette Sept. 11, 1861.
Timothy CorbettJune 19, 1861Pikesville Md.Released on parole of honor July 9, 1861.
Fred’k EllenbrookJune 29, 1861Baltimore, Md.Released on oath of allegiance July 11, 1861.
Nathaniel StephensdoPikesville. Md.Released on parole of honor June 29, 1861.
R. H. AlveydoBaltimore, Md.Sent to Fort Lafayette July 29, 1861.
William H. GatchellJuly 1, 1861doDo.
John W. DavisdodoDo.
Charles HowarddodoDo.
Charles D. HinksdodoReleased on parole of honor July 6, 1861.
Alonzo WelchdodoReleased July 9, 1861.
James T. CaulkdodoDo.
Samuel Ogle TilghmanJuly 3, 1861doReleased on parole of honor July 6, 1861.
Dr. Edward JohnsonJuly 8, 1861doSent to Fort Lafayette July 29, 1861
Thomas C. FitzpatrickdodoDo.
James ClaytondodoReleased on oath of allegiance July 16, 1861.
John L. HebbdoGreat Mills, Saint Mary’s County, Md.Released on parole of honor July 13, 1861.
Richard Thomas ZarvonadoSent to Fort Lafayette Dec. 2, 1861.
Eugene HigginsdoBaltimore, Md.Released on parole of honor July 26, 1861.
G W. Alexander.July 12, 1861Escaped Sept. 7, 1861.
John H. CusickdoWoodville Md.--Sent to Fort Lafayette July 29, 1861.
James E. MurphydoBaltimore,Do.
Samuel H. LyondodoDo.
Chas. M. HagelinJuly 21, 1861Do.
Harry WelmoreJuly 30, 1861doReleased on parole Aug. 6, 1861.
Clinton JamesAug. 3, 1861doReleased on oath of allegiance Aug. 6, 1861.
Alexander W. WardAug. 5, 1861First officer of steamer GeorgeReleased on oath of allegiance Aug. 6, 1861.
J. C. DeaverdoReleased on oath of allegiance Aug. 14, 1861.
Fred. H. RussellAug. 6, 1861Released Aug. 17, 1861. {p.227}
Jonah OrrisonAug. 13, 1861Loudoun County, Va.Sent to Fort Lafayette Sept. 11, 1861.
James G. DavidsondodoDo.
Robert DranedoFairfax County, Va.Do.
Arthur DawsondoLoudoun County, Va.Do.
Mahlon MyersdodoDo.
James W. DanieldodoDo.
John W. SelbydoBaltimore, Md.Released on oath of allegiance Aug. 16, 1861.
John Charles NorrisdodoDo.
Albert BrummelAug. 20, 1861doReleased on oath of allegiance Sept. 13, 1861.
John R. GwynnAug. 21, 1861doReleased Aug. 30, 1861.
Benj. EgglestoneWashington, D.C.Sent to Fort Lafayette Sept. 11, 1861.
Dennis KellyBaltimore, Md.Do.
Frank Key Howard.Sept. 13, 1861doSent to Fort Monroe, vs., Sept. 14, 1861.
T. Parkin ScottdodoDo.
William O. HarrisondodoDo.
Andrew A. LynchdodoDo.
Charles H. PittsdodoDo.
L. G. QuinlandodoDo.
Henry MaydodoDo.
Thomas W. Hall, jr.dodoDo.
H. M. WarfielddodoDo.
J. Hanson ThomasdodoDo.
S. T. WallisdodoDo.
Lawrence SangstondodoDo.
Ross WinansdodoDo.
George W. BrowndodoDo.
Robert M. DenisondodoSent to Fort Monroe, Va., Sept. 14, 1861.
William W. GlennSept. 15, 1861do(Editor of Exchange.) Released Dec. 2, 1861.
J. J. HeckartSept. 17, 1861Port Deposit Md.Sent to Annapolis Sept. 18, 1861.
J. W. MaxwelldoElkton, Md.Do.
J. U. DennisdoSomerset County, Md.Do.
P. F. RasindoKent County, Md.Do.
G. W. LandingdoWorcester County, Md.Do.
Henry E. JohnsonSept. 25, 1861Baltimore, Md.Released Oct. 9, 1861, on parole of honor.
William F. McKewenOct. 16, 1861doSent to Fort Columbus, N. Y. Oct. 25, 1861.
R H. BiggerdodoDo.
Robert RenwickdodoDo.
J. C. StovindoCumberland. Md.Released Nov. 14, 1861.
George JuliusdoHagerstown, Md.Sent to Fort Lafayette Dec. 2, 1861.
Isaac G. MaskdoBaltimore, Md.Sent to Fort Lafayette Oct. 18, 1861.
Charles D. FrenchdodoSent to Fort Columbus, N. Y., Oct. 25, 1861.
Samuel J. SharpeOct. 5, 1861doReleased Oct. 6, 1861.
Frederick T. SharpedodoDo.
Thomas J. McKaigOct. 18, 1861Cumberland Md.Released Oct. 22, 1861.
Dr. Charles MacgillOct. 1, 1861Hagerstown, Md.Transferred to Fort Lafayette Oct. 6, 1861.
Thomas B. GilesOct. 23, 1861DelawareSent to Fort Columbus, N. Y., Oct. 25, 1861.
Joseph BacondodoDo.
John S. BacondodoReleased on oath of allegiance Oct. 29, 1861.
S. B. FrostdodoSent to Fort Columbus, N. Y. Oct. 25, 1861.
Robert RaeOct. 17, 1861Baltimore, Md.Do.
Robert W. RasinOct. 26, 1861doSent to Fort Lafayette Dec. 2, 1861.
John LearySept. 6, 1861doReleased on oath of allegiance Sept. 7, 1861.
William O’KeefedoReleased Sept. 7, 1861.
Michael FitzgeraldSept. 6, 1861doReleased on oath of allegiance Sept.
John CremendoReleased Sept. 7, 1861.
Martin BruggySept. 6, 1861doReleased on oath of allegiance Sept. 7, 1861.
William J. EllisSept. 10, 1861doReleased on oath of allegiance Sept. 17, 1861.
Thomas DaileydoReleased Sept. 17, 1861.
James HarkerdoReleased on oath of allegiance Sept. 17, 1861.
Robert WaredoDo.
John G. GroveNov. 4, 1861Released on oath of allegiance Nov. 26, 1861.
R. C. HollanddoDorchester, Md.Sent to Fort Lafayette Dec. 2, 1861.
S. J. M. P. BroadwaterdoSnow Hill, Worcester County, Md.Sent to General Dix on his parole of honor Nov. 16, 1861.
Emanuel C. WadeNov. 6, 1861Baltimore County, Md.Released on parole Nov. 8, 1861.
Thomas ParlettNov. 5, 1861Released on oath of allegiance Nov. 14, 1861.
Thomas MortimerNov. 8, 1861Baltimore, Md.Sent to Fort Lafayette Dec. 2, 1861.
James MartindodoDo.
Samuel V. LeechNov. 13, 1861Sandy Spring, Va.Released on oath of allegiance Nov.
William F. EngledoReleased on oath of allegiance Nov. 29, 1861.
Jonah PotterfielddoHarper’s Ferry, Va.Sent to Fort Lafayette Dec. 2, 1861.
Edward C. CottrellNov. 14, 1861Princess Anne, Somerset County, Md.Do. {p.228}
Charles B. Coleman.Nov. 16, 1861Baltimore, Md.Released on oath of allegiance Nov. 19, 1861.
Charles H. P. CoeNov. 26, 1861Sent to Fort Lafayette Dec. 2, 1861.
Isaac B. GibsonNov. 28, 1861Released on oath of allegiance Jan. 2, 1862.
A. W. HabershamDoc. 8, 1861Annapolis, Md.In confinement at the post.
John W. DavisDec. 4, 1861Baltimore, Md.Released on oath of allegiance Jan. 2, 1862.
Richard HardestydoReleased Dec. 20, 1861.
Benj. T. GunterDec. 12, 1861Northampton County, Va.In confinement at the post.
Charles Hanner, or Krengle.Dec. 21, 1861Released on oath of allegiance.
William T. WilsondoSent to Fort Lafayette Jan. 2, 1862.
Lawrence T. Johnson.Dec. 23, 186Northampton County, Va.Released on oath of allegiance Jan. 29, 1862.
Dr. S. BrownDec. 30, 1861In confinement at the post.
J. P. SwainJan. 20, 1862Baltimore, Md.Sent to Fort Lafayette Jan. 31, 1862.
B. H. McCubbindodoDo.
Wm. GrossdodoDo.
J. L. ColemandodoDo.
I. H. WeaverdodoDo.
T. C. FitzpatrickdodoDo.
J. R. RusselldodoDo.
H. SteeringdodoDo.
P O’BriendodoDo.
J. SmithdodoDo.
A. ThompsondodoDo.
W. PerrydodoDo.
Robert HullJan. 31, 1862doDo.

W. W. MORRIS, Colonel Second Artillery, Commanding Post.

FORT MCHENRY, MD., February 16, 1862.

–––

FORT HAMILTON, New York Harbor, February 17, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: Inclosed you will receive papers containing information ordered by you in your letter of the 13th instant. I had but little else to guide me except my own judgment in designating those prisoners who were not prisoners of war. The lists may therefore want more or less correction at the Department of State. There are now (assumed by me) at Fort Lafayette 112 prisoners of war and 51 prisoners other than prisoners of war; total, 163. It will be seen that there were no prisoners at Fort-Lafayette until the 22d of July, 1861. There have been no prisoners of war or state kept at Fort Hamilton.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

[Inclosure No. 1.]

List of prisoners other than prisones’s of war discharged from Fort Lafayette, New York Harbor, between July 8 , 1861, and February 17, 1863.

Name.Confined.Discharged.
When.By whom.When.By whom.
Purcell M. QuillenJuly 22, 186General ScottAug. 7, 1861General Scott.
Dr. Edward JohnsonAug. 1, 1861General DixSept.17, 1861Secretary of State.
T. C. FitzpatrickdoAug. 19, 1861General Scott.
Charles M. HagelindodoOct. 24, 1861Secretary of State. {p.229}
Robert MureAug. 11, 1861Secretary of StateOct. 17, 1861Secretary of State.
Thomas S. SerrillAug. 18, 1861doSept. 5, 1861Do.
Pierce ButlerAug. 28, 1861Secretary of WarSept. 24, 1861Do.
Louis de BebiandodoOct. 4, 1861Do.
George MilesAug. 22, 1861Secretary of StateOct. 3, 1861Do.
John Garnett GuthreyAug. 29, 1861dodoDo
,James G. BerretAug. 25, 1861doSept. 14, 1861Do.
David CenasAug. 26, 1861doSept. 4, 1861Secretary of War.
Samuel J. AndersonAug. 27, 1861doOct. 11, 1861Do.
William PatrickAug. 28, 1861Secretary of WarSept. 13, 1861Do.
Ellis B. SchnabelAug. 29, 1861Secretary of StateOct. 24, 1861Do.
Uriah HarroldAug. 30, 1861doSept. 18, 1861Secretary of State.
H. L. ReynoldsSept. 1, 1861doSept. 13, 1861Do.
Frank E. WilliamsdodoSept. 7, 1861Do.
Benjamin F. GrovedodoOct. 8, 1861Do.
J. C. RahmingSept. 3, 1861doSept. 18, 1861Do.
Henry A. ReeveSept. 2, 1861doOct. 5, 1861Do.
James ChapinSept. 5, 1861doOct. 17, 1861Do.
Edward B. WilderSept. 7, 1861doOct. 14, 1861Do.
Algernon S. SullivanSept. 8, 1861doOct. 21, 1861Do.
G. L. BowneSept. 10, 1861doSept. 24, 1861Do.
James W. WallSept. 11, 1861Secretary of WardoDo.
B. B. WalkerSept. 12, 1861Secretary of StateOct. 19, 1861Do.
Marcus C. StanleydodoSept. 21, 1861Do.
B. F. CorliesSept. 13, 1861doSept. 18, 1861Do.
Benjamin EgglestonedodoSept. 17, 1861Do.
James McMasterSept. 16, 1861doOct. 23, 1861Do.
Moses StannarddodoOct. 14, 1861Do.
Daniel CorydodoOct. 21, 1861Do.
Leonard SturtevantSept. 19, 1861doSept. 27, 1861Do.
George A. HubbellSept. 20, 1861Secretary of WarSept. 26, 1861Do.
John BatemanSept. 21, 1861Secretary of StateOct. 2, 1861Do.
James M. HaigSept. 25, 1861doOct. 26, 1861Do.
Thomas MaddoxSept. 24, 1861General ScottOct. 3, 1861Do.
Henry MaySept. 26, 1861doOct. 11, 1861Do.
B. PayneOct. 5, 1861Secretary of StateOct. 14, 1861Do.
J. W. PackardOct. 13, 1861doOct. 21, 1861Do.
Barriller MorsleyOct. 25, 1861doOct. 29, 1861Do.
John F. ParrOct. 31, 1861doFeb. 16, 1862Do.
B. H. StantonNov. 5, 1861Brig. Gen. Charles W. Hill, Comdg. Ohio Vols., Camp Chase.Dec. 26, 1861Do.
George ForresterdodoDec. 7, 1861Do.
James H. HalldododoDo.
Isaac NelsondododoDo.
William HuntdododoDo.
Benjamin [F.] ThomasdododoDo.
William M. GwinNov. 18, 1861Secretary of StateDec. 2, 1861Do.
Calhoun BenhamdododoDo.
J. L. BrentdododoDo.
Maurice MayerNov. 19, 1861doNov. 22, 1861Do.
P. C. W. HippNov. 22, 1861doDec. 17, 1861Do.
W. H. SnydamNov. 23, 1861doDec. 16, 1861Do.
W. P. ConversedodoDec. 2, 1861Do.
B. L. HaydenNov. 26, 1861doJan. 2, 1862Do.
W. M. AbelldododoDo.
J. W. PinckneyNov. 29, 1861doDec. 17 1861Do.
Jacob A. AppleydododoDo.
Thomas MortimerDec. 3, 1861General DixJan. 22, 1862Do.
James MartindododoDo.
Thomas NewmanDec. 7, 1861Secretary of StateJan. 19, 1862Do.
C. C. RogersDec. 20, 1861doFeb. 15, 1862Do.
T. S. RogersDec. 26, 1861doJan. 1, 1862Do.
J. R. HawleyDec. 28, 1861dodoDo.
William T. WilsonJan. 3, 1862doJan. 25, 1862Do.
Timothy ConovanJan. 21, 1862Colonel Brown, U. S. Army.Jan. 26, 1862Do.
Edward EnglishdododoDo.
Joseph ParkerdododoDo.
Francis ConovandododoDo.
James SmithdododoDo.
Alfred JohansendododoDo.
Daniel B. HarringtondodoFeb. 6, 1862Do.
George J. MahédodoJan. 25, 1862Do.
{p.230}

[Inclosure No. 2.]

List of prisoners other than prisoners of war transferred from Fort Lafayette to Fort Columbus and Fort Warren.

Name.Confined.Transferred.
When.By whom.When.By whom.
Edward Seymour RugglesJuly 22, 1861General ScottOct. 30, 1861Fort Warren, Boston Harbor.
R. H. AlveyAug. 1, 1861*General DixdoDo.
John H. Cusick.do*dodoDo.
John W. Davisdo*dodoDo.
William H. Gatchelldo*dodoDo.
Charles Howarddo*dodoDo.
Samuel H. Lyondo*dodoDo.
James E. Humphrey or Murphy.dododoDo.
Austin E. SmithAug. 2, 1861dodoDo.
John WilliamsAug. 11, 1861Secretary of StatedoDo.
Charles KopperlAug. 18, 1861dodoDo.
Jerome R. BarberAug. 24, 1861Secretary of WardoDo.
D. C. LowberAug. 25, 1861Secretary of StatedoDo.
Samuel H. EakinsAug. 26, 1861dodoDo.
Capt. Robert TansillAug. 28, 1861Secretary of the NavydoDo.
Lieut. T. S. WilsondododoDo.
Midshipman H. B. Claiborne.dododoDo.
Hilary B. CenasdododoDo.
Richard S. FreemanAug. 31, 1861Secretary of StatedoDo.
J. A. de LagnelAug. 30, 1861Secretary of WardoFort Columbus, New York Harbor.
Lieut. W. H. WardAug. 31, 1861Secretary of the NavydoFort Warren, Boston Harbor.
Robert ElliotSept. 7, 1861Secretary of WardoDo.
Midshipman A. D. Wharton.Sept. 8, 1861Secretary of the NavydoDo.
O. J. FaulknerSept. 9, 1861Secretary of WardoDo.
John K. MillnerSept. 12, 1861Secretary of StatedoDo.
George P. KaneSept. 13, 1861General ScottOct. 11, 1861Fort Columbus, New York Harbor.
Bethel BurtondodoOct. 30, 1861Fort Warren, Boston Harbor.
William H. WinderSept. 14, 1861Secretary of WardoDo.
Benjamin F. LongleySept. 15, 1861Secretary of StatedoDo.
F. WyattSept. 28, 1861dodoDo.
William GilchristdododoDo.
Cyrus F. SargentSept. 24, 1861General ScottdoDo.
W. E. SalmondoMajor-General DixdoDo.
J. H. GordondododoDo.
C. J. DurantdododoDo.
Andrew KesslerdododoDo.
W. R. MillerdododoDo.
Thomas J. ClaggettdododoDo.
Bernard MillsdododoDo.
J. Lawrence JonesdododoDo.
J. M. BrewerdododoDo.
John J. HeckartdododoDo.
James W. MaxwelldododoDo.
George W. LandingdododoDo.
Philip F. RasindododoDo
E. G. KilbourndododoDo.
James MaddoxdododoDo.
C. S. MoreheadSept. 25, 1861dodoDo.
R. T. DurrettdododoDo.
M. W. BarrdododoDo.
George W. BrownSept. 26, 1861General ScottdoDo.
S. Teackle WallisdododoDo.
Henry M. WarfielddododoDo.
Charles H. PittsdododoDo.
T. Parkin ScottdododoDo.
Lawrence SangstondododoDo.
J. Hanson ThomasdododoDo.
William G. HarrisondododoDo.
Leonard G. QuinlandododoDo.
Robert M. DenisondododoDo.
F. Key HowarddododoDo.
Andrew A. LynchdododoDo.
Thomas W. Hall, jr.do.dodoDo.
Henry K. StevensOct. 2, 1861Secretary of the NavydoDo.
Benjamin P. LoyalldododoDo.
Walter R. ButtdododoDo.
Dr. Chas. MacgillOct. 5, 1861Major-General BanksdoDo. {p.231}
W. K. WrightOct. 5, 1861Secretary of StateOct. 30, 1861Fort Warren, Boston Harbor.
W. E. KearneydododoDo.
J. T. McFealdododoDo.
J. W. GriffithdododoDo.
Anderson McDowelldododoDo.
William GrubbsdododoDo.
J. W. RobardsdododoDo.
F. M. CrowdododoDo.
H. G. ThurberdododoDo.
S. H. WooldridgedododoDo.
G. P PressydododoDo.
L. S. HolsclawdododoDo.
Joseph BackdododoDo.
Alfred Da CostaOct. 11, 1861dodoDo.
Capt. Michael BerryOct. 10, 1861dodoDo.
A. R. CarterOct. 12, 1861General DixdoDo.
C. H. TylerOct. 14, 1861General ScottdoDo.
Isaac G. MaskOct. 18, 1861General DixdoDo.
Lieut. H. H. DaltondoSecretary of the NavydoDo.
William M. Page, surgeon.dododoDo.
James E. Lindsay, assistant surgeondododoDo.
John G. ShaverOct. 21, 1861Secretary of StatedoDo.
William PeirceOct. 22, 1861dodoDo.
Francis D. FlandersOct. 23, 1861dodoDo.
Richard JeffriesOct. 24, 1861Secretary of the NavydoDo.
Joseph R. FlandersOct. 23, 1861Secretary of StatedoDo.
Lieut. H. L. ShieldsOct. 25, 1861dodoDo.
Matthew F. MauryNov. 10, 1861doNov. 17, 1861Do.
Appleton Oaksmith.Nov. 19, 1861doDoc. 19, 1861Do.

MARTIN BURKE, Lieutenant-Colonel Commanding.

* About.

–––

FORT WARREN, Boston Harbor, February. 18, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington.

Suit: I have the honor to acknowledge the receipt of yours of the 13th instant, and in compliance with your instructions I herewith inclose a list of prisoners confined in this fort on the 17th of February; also a list of those released prior to the 17th instant.

I am, sir, very respectfully, your obedient servant,

J. DIMICK, Colonel First Artillery and Brevet Colonel, Commanding Post.

{p.232}

[Inclosure.]

List of prisoners of state held in custody at Fort Warren, Boston Harbor, Mass., February 17, 1862.

Name.Residence.When arrested.Remarks.
R. H. BiggerBaltimore, Md.Oct. 16, 1861Transferred from Fort Lafayette Nov. 1, 1861.
George Wm. BrowndoSept. 13, 1861Do.
J. R. BarberLake Providence, La.Aug. 17, 1861Do.
M. W. BarrLouisville, Ky.Sept. 19, 1861Do.
M. BerryOct. 8, 1861Do.
James BrownNew Orleans, La.Nov. 14, 1861Do.
B. BurtonBrooklyn, N. Y.Sept. 12, 1861Do.
Thomas J. ClaggettPetersville, Md.Sept. 16, 1861Do.
B. M. DenisonPikesville, Md.Sept. 13, 1861Do.
A. Da CostaNew Orleans, La.Oct. 7, 1861Do.
C. J. DurantLeonardtown, Md.Sept. 17, 1861Do.
Parker H. FrenchKentucky,Nov. 6, 1861Do.
F. D. FlandersMalone, N. Y.Oct. 22, 1861Do.
J. R. FlandersdodoDo.
B. S. FreemanMacon, Ga.Aug. 9, 1861Do.
W. H. GatchellBaltimore, Md.July 1, 1861Do.
J. H. GordonCumberland, Md.Sept. 17, 1861Do.
Charles GreenSavannah, Ga.Nov. 9, 1861Do.
Charles HowardBaltimore, Md.July 1, 1861Do.
William G. HarrisondoSept. 12, 1861Do.
Thomas W. Hall, jr.dodoDo.
J. L. JonesdoDo.
George P KanedoJune 27, 1861Do.
E. G. KilbournPierceland, Md.Sept. 19, 1861Do.
J. K. MillnerDanville, Va.Sept. 10, 1861Do.
B. MillsFreedom, Md.Sept. 17, 1861Do.
Charles MacgillHagerstown, MdOct. 1, 1861Do.
William F. McKewen.–Baltimore, Md.Oct. 15, 1861Do.
P. F. RasinKennedyville, Md.Sept. 16, 1861Do.
A. E. SmithSan Francisco, Cal.Aug. 2, 1861Do.
T. P. ScottBaltimore, Md.Sept. 13, 1861Do.
Thomas ShieldsdoSept. 7, 1861Do.
J. R. ThomasdoSept. 13, 1861Do.
William H. WinderPhiladelphia, Pa.Sept. 10, 1861Do.
F. WyattdoSept. 20, 1861Do.
S. T. WallisBaltimore, Md.Nov. 13, 1861Do.
H. M. WarfielddodoDo.
F. K. HowarddodoDo.
Samuel H. LyondoJuly 13, 1861Do.
William T. GlassellAlabamaDec. 4, 1861Do.
A. M. De BreeNorfolk, Va.Dec. 4, 1861Do.
John D. SudendorfOct. 8, 1861Transferred from Fort Lafayette. Has not common sense; it is recommended that he be discharged.
PERSONS TAKEN FROM MERCHANT VESSELS FOR VIOLATING THE BLOCKADE.
Edward BaumCurrituck, N. CSept. 9, 1861Taken at Hatteras. N. C., by order Secretary of the Navy.
J. A. DouglassEdenton, N. CdoDo.
B. S. GrissonsNew Hanover Co., N. C.Aug. 16, 1861Do.
E. C. MyattCharleston, S. CSept. 4, 1861Do.
J. F. NewtonNew Hanover Co., N. C.Aug. 16, 1861Do.
S. F. NewtondodoDo.
Ed. O’NeilCurrituck, N. CSept. 9, 1861Do.
G, A. ShacklefordBeaufort, N. CSept. 10, 1861Do.
E. SibernCurrituck, N. CSept. 9, 1861Do.
George van AmringeWilmington, N. C.Oct. 9, 1861Do.
William St. GeorgedodoDo.
Charles KeeneNew YorkNov. 14, 1861Seaman on board frigate Roanoke; declared he would no longer serve under the flag of the United States. Recommend that he be tried by Navy court-martial or be exchanged.
José EnglishShip IslandArrested at Ship Island, Miss. (a suspected spy). He appears to be a common fisherman.
{p.233}

–––

List of prisoners of state confined at Fort Warren and released prior to February 17, 1862.

Name.Residence.When arrested.Remarks.
George A. AppletonBaltimore, Md.Sept. 7, 1861Released Jan. 16, 1862, to report to General Dix.
R. H. AlveyHagerstown, Md.June 18, 1861Released Jan. 6, 1862.
Jehu L. BouldinReleased Nov. 26, 1861; took oath of allegiance.
James BaconLaurel, Del.Released Nov. 3, 1861; took oath of allegiance.
J. BackMarion County, Ky.Sept. 29, 1861Released Nov. 28, 1861; took oath of allegiance.
George W. BarnardNew Berne, N. C.Sept. 8, 1861Released Nov. 30, 1861; took oath of allegiance.
J. C. BrainNashville, Tenn.Aug. 18, 1861Released Feb. 10, 1862; took oath not to enter States in insurrection.
J. M. BrewerCumberland, Md.Sept. 17, 1861Released Dec. 22, 1861; paroled for thirty days.
Charles BarkleyCharleston, S. C.Aug. 2, 1861Turned over to Marshal Murray, of New York, Jan. 20, 1862.
B. S. BunkerReleased Nov. 11, 1861; took oath of allegiance.
F. M. CrowFloydsburg, Ky.Sept. 24, 186Released Nov. 28, 1861; took oath of allegiance.
John W. DavisdoJuly 1, 1861Released Dec. 28, 1861, thirty days’ parole.
B. T. DurrettLouisville, Ky.Sept. 19, 1861Released Dec. 9, 1861; took oath of allegiance.
George EustisNew Orleans, La.Nov. 8, 1861Released Jan. 1, 1862, by order Secretary of State.
Samuel H. EakinsReleased Nov. 6, 1861; took oath of allegiance.
Robert ElliotAug. 12, 1861Released Nov. 7, 1861; took oath of allegiance.
C. J. FaulknerVirginiaReleased Dec. 9, 1861; thirty days parole.
M. J. GradyBaltimore, MdSept. 7, 1861Released Dec. 4 1861; took oath of allegiance.
J. W. GriffithOldham Ky.Sept. 24, 1861Released Nov. 28, 1861; took oath of allegiance.
William GrubbsMadison County, Ky.doDo.
Thomas B. GilesLaurel, DelOct. 21, 1861Released Nov. 4, 1861; took oath of allegiance.
Peter ReillyReleased Nov. 6, 1861; took oath of allegiance.
William GilchristPhiladelphia, PaSept. 29, 1861Released Nov. 26, 1861; took oath not to enter any States in insurrection.
J. J. HeckartSept. 24, 1861Released Nov. 26, 1861; took oath of allegiance.
Charles KopperlCarroll County, Miss.Aug. 16, 1861Released Feb. 4, 1862; to he exchanged for Hugh Watson.
Andrew KesslerJefferson, MdSept. 16, 1861Released Dec. 20, 1861; took oath of allegiance.
William E. KearneyClarke County, Ky.Sept. 24, 1861Released Nov. 28, 1861; took oath of allegiance.
Andrew LowSavannah, Ga.Nov. 8, 1861Released Feb., 1862; on parole for sixty days, to report to General Dix daily.
D. C. LowberNew Orleans, La.Aug. 29, 1861Released Jan. 10, 1862; took oath to leave United States within fifteen days.
B. F. LongleydoSept. 11, 1861Released Nov. 27, 1861; took oath of allegiance.
A. A. LynchBaltimore, MdJuly 13, 1861Released Jan. 4, 1862; took oath of allegiance.
W. R. MillerElkton, MdSept. 18, 1861Released on parole for thirty days, to report to General Dix.
J. W. MaxwelldoSept. 10, 1861Do.
C. S. MoreheadKentuckySept. 19, 1861Released on parole Jan. 6, 1862, until further orders.
Isaac G. MaskBaltimore, MdOct. 17, 1861Released Jan. 10, 1862; took oath of allegiance.
M. F. MauryNew Orleans, La.Nov. 7, 1861Released Feb. 15, 1862; took oath not to enter any States in insurrection.
J. T. McFealHarrodsburg Ky.Sept. 23, 1861Released Nov. 28, 1861; took oath of allegiance.
A. McDowellFloydsburg, Ky.Sept. 24, 1861Do.
J. M. Mason*VirginiaNov. 8, 1861Released Jan. 1, 1862. {p.234}
J. E. MacfarlandPetersburg Va.Nov. 8, 1861Released Jan. 1, 1862.
C. H. PittsBaltimore, Md.Sept. 13, 1861Released Dec. 18, 1861, on parole.
George P. PresseySaint Louis, Mo.Sept. 20, 1861Released Feb. 10, 1862; took oath of allegiance.
Robert RenwickBaltimore, Md.Oct. 6, 1861Released on parole for thirty days.
Robert RaedoSept. 7, 1861Released Nov. 28, 1861; took oath of allegiance.
J. W. RobardsHarrodsburg, Ky.Sept. 13, 1861Released Nov. 26, 1861; took oath of allegiance.
William E. SalmonNew Market, Md.Sept. 16, 1861Released Dec. 27, 1861; took oath of allegiance.
C. F. SargentMaineReleased Nov. 9, 1861; took oath of allegiance.
John G. ShaverBelleville Canada WestOct. 14, 1861Released Jan. 6, 1862; took oath not to enter any States in insurrection
H. L. ShieldsBennington, Vt.Oct. 17, 1861Released Nov. 6, 1861; took oath of allegiance.
D. SummersBaltimore, Md.Sept. 17, 1861Released Dec. 12, 1861; took oath of allegiance.
John Slidell*LouisianaNov. 8, 1861Released Jan. 1, 1862.
H. G. ThurberOldham Ky.Sept. 23, 1861Released Nov. 28, 1861; took oath of allegiance.
George ThompsonBaltimore, Md.Sept. 1, 1861Released Nov. 26, 1861; took oath of allegiance.
Released Nov. 25, 1861; took oath not to enter any States in insurrection.
John Williams, jr.Norfolk, Va.Aug. 9, 1861Released Nov. 28, 1861; took oath of allegiance and $10,000 bond.
W. E. WrightLebanon, Ky.Sept. 21, 1861Released Jan. 11, 1862; took oath of allegiance.
S. H. WooldridgeHarrodsburg Ky.Sept. 23, 1861Released Nov. 28, 1861; took oath of allegiance.
H. G. FullerLexington, Ky.Nov. 17, 1861Released Dec. 17, 1861; took oath of allegiance.
George W. LandingWorcester County Md.Released Nov. 26, 1861; took oath of allegiance.
D. H. LucchesiBaltimore, Md.Sept. 18, 1861Do.
J. H. MaddoxReleased Nov. 26, 1861; took oath of allegiance and $10,000 bond.
William PeirceNew Orleans, La.Oct. 20, 1861Released Nov. 11, 1861; took oath of allegiance.
C. D. FrenchBaltimore, Md.Oct. 16, 1861Released Nov. 26, 1861; took oath of allegiance.
S. B. FrostLaurel, Del.Oct. 21, 1861Do.
Joseph ShaneyBaltimore, Md.Nov. 12, 1861Released Dec. 12, 1861; took oath of allegiance.
L. G. QuinlandoSept. 13, 1861Released Nov. 26, 1861; took oath of allegiance.
John Shaneydo.Nov. 12, 1861Released Dec. 12, 1861; took oath of allegiance.
Daniel GardnerdodoDo.
Nicholas DunnWaterford, IrelanddoReleased Jan. 29, 1862; took oath of allegiance.
A. OaksmithNew YorkNov. 19, 1861Released Dec. 27, 1861.
E, S. RugglesFredericksburg, Va.July. 20, 1861Released Jan. 20, 1862; to be exchanged for Edward Taylor.

J. DIMICK, Colonel First Artillery and Brevet Colonel, Commanding Post.

* See p. 1076 et seq., for case of Mason and Slidell.

–––

HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., February 18, 1862.

Brig Gen. A. PORTER, Provost-Marshal.

GENERAL: I have had the honor to have laid before me by yourself a correspondence in which Lord Lyons requests of the honorable Secretary of State to be informed in regard to the case of Thomas Craggs, a prisoner confined in the Old Capitol Building who claims to be a British {p.235} subject, and in which the matter is referred to yourself for a report as to his citizenship, &c. I have the honor to report in this case that Craggs claims to be a British subject, and in fact there is no doubt but that he has lived nearly eight years securely and prosperously under the protection of the United States Government without ever troubling himself to assume allegiance thereto. Of course this is all right, as the Government claims to be a free asylum for the emigration of all lands and to have enough native citizens ever ready to defend its flag and its proteges from assault at home or abroad.

But just before the arrest of Craggs several Federal pickets had been foully murdered in the immediate vicinity of his home near Accotink, Fairfax County, Va. Although the act was generally attributed to a guerrilla band of independent Texas rangers who frequented the neighborhood and it seems claimed the glory of the ignominious achievement, still the citizens were considered too indifferent to say the least to the perpetration of such acts among them, and several of them including Craggs were arrested by order of Brigadier-General Heintzelman, who regarded it as a military necessity that such citizens should be removed from daily intercourse with the rebel pickets. Craggs’ own brother-in-law, Matthew Plaskett, also a British subject as he claims, who frequently stayed at Craggs’ house, is by his own statement a scapegrace of the most disreputable kind, having voluntarily taken up arms against the benign Government which had welcomed him to its hospitable shores and given him a home beneath its liberal flag.

However, Brig. Gen. S. Williams, assistant adjutant-general, being satisfied on an examination of the case that Craggs himself was not a particularly dangerous man, and feeling disposed to ameliorate his situation as much as possible compatible with the public safety ordered that a parole of honor be tendered to him with a view to his release, specifying among other things that he should not leave the District of Columbia without permission of the provost-marshal. Craggs refused to execute this parole for the reason as he said that this condition would not allow him to return to his home.

As our gallant military officers would probably not require a man to be kept from his home and his family without good cause I see no alternative but for the Government to accommodate our English cousin with the best quarters and fare in the range of its republican simplicity until the lines of the Federal Army are sufficiently advanced to allow him to return to his Anglo-Virginian home and household without the possibility of detriment to the cause of the Union.

All of which is respectfully submitted by your obedient servant,

E. J. ALLEN.

–––

HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., February 18, 1862.

Brig. Gen. A. PORTER, Provost-Marshal.

GENERAL: I have had the honor of having laid before me by you a note from the honorable Secretary of State requesting a report in the case of J. Barrett Cohen, a prisoner confined in the Old Capitol Building. I beg leave to state that J. Barrett Cohen, together with M. Francis McKee, Moses P. Donaldson and Francis X. Lacross were arrested by the military authorities and committed to the Old Capitol Prison by order of General McClellan, to whom I have already made a report* in their cases {p.236} after a thorough examination thereof, recommending that as an important military necessity they be held in close confinement until the end of the war for the Union. If this fact were intimated to the honorable Secretary of State I have no doubt but that it would be entirely satisfactory to him without our troubling him with a prolix duplicate report for his own consideration.

Respectfully, your obedient servant,

E. J. ALLEN.

* Not found.

–––

DEPARTMENT OF STATE, Washington, February 19, 1862.

S. W. MORTON, Esq., Alexandria, Va.

SIR: I have to inform you that this Department has no further need of an agent at Alexandria, Va. You will therefore please send your account for services to the date hereof addressed to George B. Baker, esq., agent of this Department.

I am, &c.,

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, February 19, 1862.

HOLLIS WHITE, Esq., Suspension Bridge, N. Y.

SIR: I have to inform you that this Department has no further need of an agent at Suspension Bridge. You will therefore please send your account for services to the date hereof addressed to George B. Baker, esq., agent of this Department.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

–––

HDQRS. CITY GUARD, OFFICE OF THE PROVOST-MARSHAL, Washington, D. C., February 19, 1862.

Brig. Gen. A. PORTER, Provost-Marshal.

GENERAL: In accordance with the request of the Hon. William H. Seward, Secretary of State ... I have the honor to submit to you the following report.

The request of the honorable Secretary of State inquires only in relation to prisoners “confined in the Old Capitol Prison.” In preparing the following report I have, however, given a list of all prisoners arrested by your command or sent to you for safe-keeping. The prisoners arrested by command of General Mansfield I have no record of except the few found in custody at the time you assumed the duties of provost-marshal. Those are embodied in this report.

Very respectfully, your obedient servant,

B. J. ALLEN.

[Indorsement.]

FEBRUARY 20, 1862.

The following report is respectfully forwarded to Hon. William H. Seward, Secretary of State.

A. PORTER, Brig. Gen., Provost-Marshal-General, Army of the Potomac.

{p.237}

[Inclosure.]

List of persons received at the Old Capitol Prison other than prisoners of war since the 1st of March, 1861.

[Names with the asterisk (*) remaining in Old Capitol.]

Name.Date of arrest.Name.Date of arrest.
John S. EmersonJune 23, 1861James T. MonroeDec. 14, 1861
Thomas HitchcockJuly 3, 1861Henry A. Stewart*Dec. 15, 1861
James Connor*Aug. -, 1861Tench Schley*Do.
James A. Donnelly*Aug. 22, 1861Charles Follen*Doc. 19, 1861
James A. GoldsmithDo.Jeremiah Moore*Do.
Joseph T. EllicottDo.Richard WalzlDec. 20, 1861
Sergeant McDermott, guard, OldDo.F. M. Ellis*Do.
CapitolMichael Thompson*Dec. 21, 1861
Rose O’N. Greenhow*Aug. 23, 1861Lewis L. McArthur*Do.
W. J. WalkerDo.Dr. Aaron van Camp*Do.
Frank RennehanDo.James B. Loker (out on parole till 11th March).*Do.
Mrs. P Phillips and two daughtersDo.
Miss LevyDo.Capt. William Cox (schooner Lucretia).*Dec. 23, 1861
Mrs. Bettie H. HasslerDo.
James G. BerretAug. 24, 1861A. J. HoltzmanDo.
Madam TochmanSept. 3, 1861Jacob M. BollmanDo.
Samuel P. WilsonSept. 10, 1861James W. Farr*Dec. 24, 1861
George A. SheahanDo.Samuel HunterDec. 25, 1861
B. W. MarriottDo.William H. SimmonsDec. 29, 1861
Alfred Nettleton*Sept. 11, 1861Albert McCuneDec. 30, 1861
John W. Burson*Do.Mrs. Catharine Virginia Baxley*Do.
James A. NelsonSept. 18, 1861Henry J. CarrollDec. 31, 1861
George F. HarbinSept. 23, 1861James W. McCurdy*Do.
Charles A. WorthingtonDo.A. J. Michael*Jan. 1, 1862
Rudolph Watkins*Sept. 24, 1861William J. FleeceDo.
George S. Watkins*Do.George H. Johnson*Do.
William Frank Getty*Oct. 1, 1861George D. McGlincey*Do.
Samuel G. Acton*Oct. 4, 1861Jesse B. Wharton*Do.
Thomas A. Jones*Do.Lemuel Van Arsdale*Do.
E. B. Grayson*Oct. 7, 1861Richard NevittJan. 2, 1862
George MinorDo.James McGrawDo.
Summerfield Ball*Oct. 9, 1861Richard B. LeeJan. 3, 1862
B. Jackson Cross*Oct. 11, 1861William L. Lee*Do.
W. F. Moore*Oct. 13, 1861D. C. Lee*Do.
James W. OffuttOct. 15, 1861John Harrover*Do.
Mrs. ME. OnderdonkDo.George H. H. HughesDo.
Hugh Adams*Oct. 19, 1861Patrick McCaffertyDo.
George W. Gunnell*Do.Ben. Jackson, alias Judson Pinney.Do.
A. B. Williams*Do.Capt. W. L. Fisher (schooner Blooming Youth).*Do.
Joseph McCannOct. 23, 1861
R. B. PoseyOct. 27, 1861John L. Langster (colored)Do.
Mrs. PoseyDo.Thomas B. Hewitt*Do.
Miss PoseyDo.Clarence Mills*Do.
Jullan Lee, alias John BlackwoodOct. 31, 1861J. Ignatius Ford*Tan. 4, 1862
Alfred BeachDo.Richard Hurst*Do.
William Oswald DundasNov. 1, 1861Robert N. ReadDo.
Withers Smith*Nov. 2, 1861James A. JohnsonDo.
Samuel F. Anderson*Do.Alexander WattDo.
Isaac Ballenger*Nov. 6, 1861Richard McMullenDo.
Philip H. LintonDo.William IsaacsDo.
John Brown (at hospital)*Nov. 7, 1861James C. PhillipsDo.
Dr. James HunterDo.Moses P. Donaldson*Jan. 6, 1862
Rutson MauryNov. 9, 1861Francis X. Lacross*Do.
W. K. N. BreckinridgeDo.James W. Savage*Jan. 7, 1862
Mrs. Eliza [John] LowNov. 10, 1861John ReganDo.
John McDaniel*Nov. 11, 1861Benjamin F. GwynnDo.
Miss Ellie M. PooleDo.Judah Barrett Cohen*Jan. 8, 1862
Riley NashNov. 18, 1861M. Francis McKee*Do.
John T. Day*Nov. 27, 1861William T. Smithson, alias Charles R. Cables.Do.
R. H. Gunnell*Do.
John T. De Bell*Do.Thomas P. Fowler*Jan. 10, 1862
C. W. Coleman*Do.William Butcher (colored)Jan. 13, 1862
William B. Day*Do.George W. Hutchins*Do.
John B. Farr*Do.Henry C. Brown*Do.
O. Allen Scanland*Nov. 29, 1861Rev, Bennett SmedesDo.
William Eaton*Dec. 3, 1861John E. Rea*Do.
Hoses H. H. Williams*Dec. 4, 1861George M. Gormley*Do.
George [G.] Coleman*Dec. 6, 1861G. L. DulaneyDo.
Richard Coleman*Do.John W. Crawford*Jan. 14, 1862
Thomas E. Poole*Do.Henry Simpson*Do.
James H. Poole*Do.Richard H. Bayliss*Do.
Bernard B. Poole*Do.Bushrod W. Bayliss*Do.
William FieldsDec 9, 1861Thomas Craggs*Do.
Charles DiggesDec. 12, 1861Matthew Plaskett*Do. {p.238}
A. C. Landstreet*Jan. 15, 1862Francis A. Dickens*Jan. 14, 1862
John Haislip*Do.William P. GriffithFeb. 4, 1862
M. J. FarringtonDo.Arthur Gunnell*Do.
William WardDoElisha C. Ostrander*Do.
Forrest Olden*Do.John M. Shorb, aims James ShawDo.
James Haislip*Do.B. H. Jenkins*Feb. 5, 1862
William Hick*Do.Calvert Beach*Do.
Thomas H. Haislip*Do.Vance L. Trumble*Do.
John Digney*Jan. 17, 1862Mansfield Tracy Walworth*Feb. 7, 1862
N. N. ClabaughJan. 18, 1862Miss Adam. Hewitt, alias Mrs. Dr. Morris, alias Mrs. Mason.*Do.
O. F. Potter*Jan. 20, 1862
John F. C. Offutt*Do.John MoriartyDo.
John A. MarshallJan. 21, 1862Abraham Hornbeck*Do.
P. C. ArundellJan. 23, 1862Mahlon H. Janney*Feb. 8. 1862
Jackson Benman*Jan. 24, 1862Malcolm IvesFeb. 9, 1862
Albert G. Gunnell*Do.M. J. Woodward*Feb. 10, 1862
N. BurnhamDo.Samuel T. Crim*Do.
Walter Swan (colored)Do.James CockrillFeb. 11, 1862
George Swan (colored)Do.Francis L. Harrison.Do.
John Penny (colored)Do.Thomas J. Magruder*Do.
Dr. Francis C. NealeJan. 28, 1862Tom Haycock*Feb. 13, 1862
Alexander L. McKenzie*Jan 29 1862Warren Curtis*Do.
James Potter*Jan: 80 1862John Young*Feb. 17, 1862
James Clark*Do.Lewis Young*Do.
John Pinn (colored)Do.Dennis Farrell*Do.
Oliver N. Bryan*Jan. 31, 1862William Joy*Do.
Josiah E. Bailey*Feb. 1, 1862William Ogden*Feb. 19, 1862
George Talbot*Feb. 3, 1862R. D. Shepard, jr.*Jan. 1, 1862
W. I. Rasin*Do. *A. Shepard*Do.

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WAR DEPARTMENT, Washington; February 21, 1862.

Brig. Gen. ANDREW PORTER, Provost-Marshal.

GENERAL: You will please release from confinement on Saturday, the 22d instant, the following-named prisoners upon their engaging upon honor that they will render no aid or comfort to the enemies in hostility to the Government of the United States: James Connor, James A. Donnelly, E. B. Grayson, Hugh Adams, George W. Gunnell, A. B. Williams, Withers Smith, Samuel F. Anderson, Isaac Ballenger, John McDaniel, Lewis L. McArthur, James B. Loker, Richard H. Lee, William L. Lee, D. C. Lee, Thomas B. Hewitt, Clarence Mills, J. Ignatius Ford, Richard Hurst, James W. Savage, John Regan, Thomas P. Fowler, John E. Rea, O. F. Potter, Jackson Benman, John Penny (colored), Elisha C. Ostrander, Calvert Beach, Vance L. Trumble, Abraham Hornbeck, John Young, Lewis Young, Dennis Farrell, M. J. Farrington, William Ward, Forrest Olden and William Joy.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington, February 21, 1862.

Brig. Gen. ANDREW PORTER, Provost-Marshal.

GENERAL: You will please release from confinement on Saturday, the 22d instant, the following-named prisoners upon their engaging upon honor that they will render no aid or comfort to the enemies in hostility to the Government of the United States, and that they will not leave the District of Columbia without permission from the provostmarshal-general: Summerfield Ball, Jeremiah Moore, John Harrover, Henry Simpson, Richard H. Bayliss, Thomas Craggs, Matthew Plaskett, {p.239} John Haislip, James Haislip, William Hick, Alexander L. McKenzie, Thomas H. Haislip, Bushrod W. Bayliss, Mahlon H. Janney.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington, February 21, 1862.

Col. JUSTIN DIMICK, Fort Warren, Boston Harbor.

COLONEL: You may release on the 22d day of February instant the following prisoners confined in Fort Warren upon their engaging upon honor that they will render no aid or comfort to the enemies in hostility to the Government of the United States: J. B. Barber, B. Burton, R. S. Freeman, J. A. Douglass, J. F. Newton, G. A. Shackleford, F. D. Flanders, José English, M. W. Barr, A. Da Costa, William H. Winder, R. S. Grissons, S. F. Newton, E. Sibern, J. B. Flanders, Charles Keene, James Brown, Parker H. French, Edward Baum, E. C. Myatt, Ed. O’Neill, George Van Amringe, William St. George, William H. Gatchell, J. Hanson Thomas, P. F. Rasin, William G. Harrison, Robert M. Dennison, William F. McKewen.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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WAR DEPARTMENT, Washington, February 21, 1862.

Lieut. Col. MARTIN BURKE, Fort Lafayette, New York Harbor.

COLONEL: You may release on the 22d day of February instant the following prisoners confined in Fort Lafayette upon their engaging upon their honor that they will render no aid or comfort to the enemies in hostility to the Government of the United States: W. T. Casto, Guy S. Hopkins, David C. Wattles, George W. Jones, N. S. Reneau, J. M. Ogden, Thomas O’Leary, B. W. Buckles, Thomas A. Brookbanks, Rutson Maury, E. H. Jones, George Julius, J. Garnett Guthrey, Christopher Ledwidge, J. M. Perkins, Thomas Mathews, C. H. Marriott, Thomas Quigley, David C. Hall, Isaiah Butler, John Hagins, of Kentucky; S. R. Burnett, Patrick Brady, William M. Smith, Richard Lewis, A. N. Baker, Robert W. Rasin, Edward C. Cottrell, B. H. McCubbin, J. L. Coleman, J. B. Russell, P. O’Brien, A. Thompson, R. C. Holland, J. P. Swain, William Gross, I. H. Weaver, H. P. Stunz, J. Smith, William Perry.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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GENERAL ORDERS, No. 60.}

HDQRS. ARMY OF THE POTOMAC, Washington. February 21, 1862.

...

8. All deserters from the enemy and other persons coming within our lines will be at once taken to the provost-marshal of the nearest division, who will examine them in the presence of the division commander or an officer of his staff designated for the purpose and communicate the {p.240} result and the information obtained to the provost-marshal-general. In important cases the deserter or other person will be sent to the provost-marshal-general with the report.

...

By command of Major-General McClellan:

S. WILLIAMS, Assistant Adjutant-General.

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FORT HAMILTON, New York Harbor, February 22, 1862.

Brig. Gen. L. THOMAS, Adjutant-General of the Army, Washington, D. C.

SIR: Inclosed please find the parole of thirty-six prisoners at Fort Lafayette released in obedience to your telegraphic dispatch of the 21st instant. George Julius was paroled for thirty days on the 6th of February. Messrs. Guthrey and Marriott had been released already, and D. C. Wattles declined to sign the parole and was consequently retained in custody.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

[Inclosure.]

FORT LAFAYETTE, New York Harbor, February 22, 1862.

We the undersigned do solemnly promise upon our word of honor that we will render no aid or comfort to the enemies in hostility to the Government of the United States:

W. T. Casto, Guy S. Hopkins, George W. Jones, N. S. Reneau, Thomas O’Leary, R. W. Buckles, Thomas A. Brookbanks, David C. Hall, John Hagins, William M. Smith, A. N. Baker, C. Ledwidge, Thomas Mathews, Isaiah Butler, Thomas Quigley, Patrick Brady, Richard Lewis, R. C. Holland, J. P. Swain, William (his x mark) Gross, Herman P. Stunz, Rutson Maury, jr., E. H. Jones, James M. Perkins, R. W. Rasin, E. C. Cottrell, E. H. McCubbin, John L. Coleman, James R. Russell, Patrick O’Brien, Jacob Smith, William Perry, Amos Thompson, Isaac H. Weaver, S. R. Burnett, J. M. Ogden.

Witness present:

HARRY C. EGBERT, First Lieutenant, Twelfth Infantry.

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U. S. MARSHAL’S OFFICE, SOUTHERN DISTRICT OF ILLINOIS, Springfield, February 23, 1862.

Hon. F. W. SEWARD, Assistant Secretary of State, Washington, D. C.

SIR: I inclose herewith a report made by A. J. Davis, esq., and handed me on the 20th instant, of his doings in Southern Illinois. I have given it careful and thoughtful examination and fully concur in {p.241} the conclusions reached by him touching the parties named as connected with those in arms against the Government. If the late order* from the War Department does not preclude the arrest of persons I would suggest that James D. Pully, A. P. Corder and Dr. John M. Clemerson, of Marion, Williamson County, be arrested at once. There can be no peace in that county while these men remain at large. I also think that it would be well to seize C. C. Carpenter at McLeansborough, Hamilton County, and Dr. D. Green at Mount Vernon, Jefferson County. The others although dangerous and noisy men may on account of our late brilliant victories on the Cumberland and Tennessee Rivers keep quiet. The persons whose arrest I recommend will not.

I have by your kindness in furnishing me the necessary assistance been able at last to completely hold in check the treasonable elements in Southern Illinois, and now hope that no more “aid and comfort” may be extended to traitors in that quarter. It is feared, however, that the order of the Secretary of War already referred to releasing all political prisoners and confining arrests to the military authorities exclusively will again embolden the bad men of Illinois to renewed acts of disloyalty. Already boasts are freely indulged that the order is a confession of the illegality of the arrests made and a guarantee against such in future and a perfect immunity against any interruption by the marshal.

It is well understood that I know almost every disloyal man in my district and such persons have been compelled to be quiet hitherto. As to what they may do hereafter I cannot say. If the Department intends that I shall as heretofore exercise an espionage over all plots of treason please inform me. If the order from the War Department transfers this duty to other hands I shall be greatly relieved; but it will take a great deal of time for any one man to become as thoroughly conversant with all the elements of disloyalty in Southern Illinois as I am. I have spent almost the entire past year in possessing myself of all sources of information likely to reach the schemes of our Illinois traitors, and I think that the disloyal in our State feel that they are completely at my mercy unless they are secured by an order from the Government at Washington. Hence the disposition to exult over the late order referred to. Will you please advise me as to my movements in the future and if my services are any longer needed in the direction mentioned?

I have discharged Mr. Frank, the detective employed in conformity to the order of your letter** to me dated December 5, 1861, and ordered him to submit his account to you for adjustment. Please refer to Mr. Bradley’s letter to me from Chicago, left with you December 5, for the terms on which Mr. Frank was employed. I have paid him $150. I have also paid Mr. Davis $115. He was out of money, and I assumed that as he was here and under my charge you would approve the advance. Please inform me if Mr. Davis may remain in Illinois and how long. I can employ him to advantage but desire to use the best economy. The services of Mr. Frank and Mr. Davis have been of incalculable importance and I have no doubt they have been instrumental in preserving the public peace of Southern Illinois, as it is now well understood that nothing but the restraining fear of the marshal’s office has kept from deeds of violence a great many men in the Ohio and Wabash River counties of Illinois.

* Order of February 14, 1862, p. 221.

** See p. 170

{p.242}

Please to communicate with me at an early day, and as fully as convenient advise me as to the future.

I am, most respectfully, your obedient servant,

D. L. PHILLIPS, U. S. Marshal.

[Inclosure.]

Report of A. J. Davis to U. S. Marshal D. L. Phillips, concerning certain disloyal persons in Southern Illinois.

Mr. J. P. Haynes [of Ashley, Washington County], formerly a merchant, is a violently noisy, fault-finding secessionist and does all he can to discourage enlisting for the U. S. Army, and is a member of the K. G. C. He is a North Carolinian; has considerable influence and takes great care (pains) to find fault with the administration. He told me when I first saw him that if I wanted to go South he would show me the way.

Robert and William Palmore [of Mount Vernon, Jefferson County] have the mail contract from McLeansborough to Ashley. Any person wishing to go South can get all help from them. They give all the names of men on the route and where to cross the river. I got the route from Robert, and he gave me the full particulars and said he had sent numerous persons, among whom were two Englishmen of great wealth and bearers of dispatches for the South; altogether twenty-seven persons. I got the route with the understanding that I was going South with another man named King. We started and went far enough to find the route as represented by Palmore. I then arrested King and gave him in charge of the military at Shawneetown. Palmore has a son in the Southern army; he says he gets and sends letters to him. I saw one letter written from Knoxville, Tenn. The arrangement is for any one to see William Palmore at Ashley, give him the signs and grips of the order of K. G. C.; he will bring them to the old man at Mount Vernon and give the necessary instructions for the rest of the route. The old man is about forty years old and William twenty-two or twenty-three; both very noisy secesh. They are from Tennessee.

There is a Mr. William Dodds [of Mount-Vernon], clerk of the county court and the most violent of all the party at Mount Vernon. He is always talking against the administration and he has said repeatedly in my hearing he wished Jeff. Davis had Illinois and if he had not a family he would go and join the army South He is forever cursing the heads of this Government. He says he don’t try to hide his feelings as there is no Black Republican that dare arrest him. He says the K. G. C. elected him knowing his principles. He is a very influential and dangerous man. He is the main man who initiated me into the order of the K. G. C. whose whole intention is treason.

Dr. Duff Green is a very intelligent and most influential man in Mount Vernon; native of Kentucky and relative of J. C. Breckinridge and boasts of his correspondence with him. He showed me a letter on Sunday, the 16th, that he said came from Mr. Breckinridge. He is always commenting on the policy of what he calls the Black Republican Government and he always objects to all its measures and he convinces all his listeners that the Government is wrong. He has more influence than any other man in Mount Vernon. The people refer all their disputes to him and believe him implicitly as their oracle. He always concludes his remarks that he is opposed to Lincoln and his {p.243} Cabinet and their policy; that his sympathies are with the South and as soon as he can get his property into money he is going South. As long as he lives under this Government he is too honorable a man to do anything against this Government, but as soon as he gets away he will come out boldly and help the South with all his powers, physically and financially. Be does all he can to prevent recruiting. All these charges can be proved by Mr. Barret, postmaster, and C. D. Ham, esq. His influence is very dangerous. There are numerous other things connected with him all tending the same way. I was very careful to get well acquainted with him and to know him well before saying anything against him on account of his standing. He is surrounded by a class of men principally from the South and strongly prejudiced against the Government and generally not well educated or intelligent. He would have to be heard to fully understand him or understand the idea I try to convey.

Mr. Thompson Anglen [of Mount Vernon], a native of Tennessee, keeps a hotel; is a strong friend of the South but very cautious. He corresponds with a Mr. John Saterfield, former editor of the Mount Vernon Star, who is now in the rebel army. He has charge of the property of Colonel Bagwell, who is also in the Southern army at Bowling Green. I saw a letter from Colonel Bagwell giving a description of the fight at Green River under Colonel Terry, Texas rangers, where Colonel Terry was killed; also several letters from John Saterfield, whose paper was discontinued because of its secession proclivities. Mr. Anglen is also a merchant and magistrate and a man of considerable influence.

James M. Pace [of Mount Vernon], merchant and the principal of the express from Mount Vernon. He is a great politician and reported to be the proprietor of the underground mail route to the South. I was told so by members of the K. G. C. who have a good right to know, and I believe it is so, but of my own knowledge I cannot say. He is violent in his talk against the Government and has a good deal of influence with the people. A native of North Carolina I think, and very wealthy.

Williams [of Spring Garden] is a dangerous man to the Government; a native of Tennessee; a merchant and keeps a hotel; is the leader of that country and of the K. G. C.; violently opposed to the administration. I saw him on the 17th instant and heard him say in speaking of the battle at Forts Henry and Donelson and the killed that he wished it had been Lincoln and his cursed abolition administration; that the North could not whip the South for the South had better men and were fighting for their homes and the G-d d-d abolitionists were fighting for the negro. He has a brother a surgeon in the rebel army, and says he hears from him whenever he wants to. He controls the people in that place and is a dangerous man every way.

Mr. Doyle, of Spring Garden, has been traveling to the South and back three times since the battle of Bull Run. He brought letters with him for several persons in and around Spring Garden. He is carrying the underground mail regularly I think.

Mr. Henry Williams, two miles from Spring Garden, brother of - Williams at Spring Garden, a leading member of the K. G. C. and a leading politician, a large land owner and has in charge a large lot of land of his brother who lives in Tennessee. He has just got home from a town in the South. He says they cannot be whipped. He is violently opposed to this Government. Says he can go South when he pleases and no thanks to the Federal authorities. Says he is opposed to the {p.244} war and he will oppose it in every way he can. He and his brother commenced to get up a company for the rebel army but failed. A dangerous man to the interests of the Government.

Mr. C. C. Carpenter and Mr. McIlvain [of McLeansborough, Hamilton County] are the agents of the route for passengers for Jeff. Davis’ empire, the regular agents given to me by Mr. Palmore of Mount Vernon. I saw them and they gave me the necessary directions for the rest of the route. Carpenter is secretary of the K. G. C.; he showed me the minutes of all their meetings in that place. Is a lawyer and has great influence in that place, which he is using to the utmost against the Government. McIlvain is also a lawyer and the most influential in that county and is doing all he can to obstruct the Government. They are both violent, noisy and dangerous.

Doctor Clemerson [of Marion, Williamson County, Ill.], prosecuting attorney and M. D., a native of Georgia. The most wicked, malicious secessionist I ever met. He says if the postmaster at Marion and Mr. George Owens of Bainbridge and two others were killed that the K. G. C. would have Williamson County all their own way and he hopes to kill Owens and Lang (the postmaster) and he will be satisfied. He says it is no harm to kill a Black Republican; says if U. S. Marshal Phillips ever comes there he will be killed. He is a desperately vicious character and has a great influence with the people by whom he is surrounded. They are nearly all from the Southern States, are very illiterate, and Clemerson’s influence is very considerable over them. He does all he can in opposition to the Government. He also keeps a grocery and gambling house and that helps him to control the frequenters of his place. He has a sister in the South whom he says he corresponds with at pleasure. He makes no secret of his sentiments, and the friends of the Government are so afraid of him they dare not say a word or they are shot at with impunity by him and his colleagues in secession. He is associated with one notorious James D. Pully, who was arrested once but released. He is so mean and desperate that I cannot command language to describe him. He hurrahs for Jeff. Davis publicly and dares any one to say a word for the Union. He and Clemerson have made the postmaster leave the place on account of being a Union man. They have shot at him and stoned his house and threatened to kill him anyhow. He has relatives at the South and a brother in the rebel army. He has been at the South several times since the war commenced and there is nothing that deters him from his mischief. He is the right kind of man to influence such people. One cannot imagine such a set of God-forsaken creatures. They are a true type of the ignorant class of Southern people.

Associated with Clemerson and Pully is one Capt. A. P. Corder, a native of Tennessee; a lawyer; has a son a captain in the rebel army, and also a great many relatives in the army of the South. He showed me several letters from his son and said he had sent him money and a pair of boots and when they were gone he should have more. He said he should send him all he wanted and if that was treason Lincoln could make the most of it; that he liked his son and if he himself was young enough he would be with him. His whole soul was with the South and his only regret was that he was not able to be with them. There are not on earth three more malicious, devilish enemies of this Government than Clemerson, Pully and Corder, and their arrest at this time would do a world of good.

All of this is respectfully submitted.

ALBERT J. DAVIS.

{p.245}

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HEADQUARTERS PROVOST-MARSHAL-GENERAL, ARMY OF THE POTOMAC, Washington, D. C., February 23, 1862.

Brig. Gen. A. PORTER, Provost-Marshal-General, Army of the Potomac.

GENERAL: I have the honor to report that in compliance with the order of the Hon. E. M. Stanton, Secretary of War, to you directed under date of February 21, 1862, I released from confinement in the Old Capitol Prison on Saturday, the 22d of February instant, the hereinafternamed prisoners on their severally subscribing to a parole of which the following is a copy, to wit:

___ ___, 1862.

DISTRICT OF COLUMBIA, County of Washington:

I, ___ ___, of ___, hereby give my parole of honor that I will render no aid or comfort to the enemies in hostility to the Government of the United States.

James A. Donnelly, E. B. Grayson, Richard Hurst, James W. Savage, Thomas P. Fowler, John E. Rea, O. F. Potter, Jackson Benman, Lewis [L.] McArthur, Abraham Hornbeck, Thomas B. Hewitt, Clarence Mills, Ignatius Ford, Hugh Adams, George W. Gunnell, A. B. Williams, Withers Smith, Samuel F. Anderson, Isaac Ballenger, Elisha C. Ostrander, Calvert Beach, Vance L. Trumble, William L. Lee, D. C. Lee, Dennis Farrell, William Joy, John Young, Lewis Young, Forrest Olden.

That James Connor and John McDaniel, two of the prisoners named in the order above referred to, refused to subscribe to said parole and are accordingly still retained in custody in the Old Capitol Prison.

I have also the honor to report that in compliance with the order of the Hon. E. M. Stanton, Secretary of War, to you directed under date of February 21, 1862, I released from confinement in the Old Capitol Prison on Saturday, the 22d of February instant, the hereinafter-named prisoners on their severally subscribing to a parole of which the following is a copy, to wit:

___ ___, 1862.

DISTRICT OF COLUMBIA, County of Washington:

I, ___ ___, of ___, hereby give my parole of honor that I will render no aid or comfort to the enemies in hostility to the Government of the United States, and that I will not leave the District of Columbia without permission from the Provost-marshal.

Jeremiah Moore, John Harrover, John Haislip, William Hick, Mahlon H. Janney, Henry Simpson, Richard H. Bayliss, Thomas Craggs, Alexander L. McKenzie, Thomas H. Haislip.

That the following prisoners named in the order above referred to refused to subscribe to said last-mentioned parole and are accordingly still retained in custody in the Old Capitol Prison, to wit: Summerfield Ball, Bushrod W. Bayliss, Matthew Plaskett, James Haislip.

I have also the honor to report that in compliance with the order of the Hon. B. M. Stanton, Secretary of War, to you directed under date of February 21, 1862, I released from confinement in the Old Capitol Prison on Saturday, the 22d of February instant, George W. Hutchins upon his taking the oath of allegiance to the Government of the United States. That Henry C. Brown, the other prisoner named in said last-mentioned order, refused to take the oath of allegiance to the Government of the United States and is accordingly still retained in custody in the Old Capitol Prison.

All of which is respectfully submitted by your obedient servant,

E. J. ALLEN.

{p.246}

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WAR DEPARTMENT, Washington, February 25, 1862.

Major-General DIX, Baltimore, Md.:

All newspaper editors and publishers have been forbidden to publish any intelligence received by telegraph or otherwise respecting military operations by the U. S. forces. Please see this night that this order is observed. If violated by any paper issued to-morrow seize the whole edition and give notice to this Department that arrests may be ordered. Order this to be delivered to-night.

EDWIN M. STANTON, Secretary of War.

(Same to chief of police, New York, and all other cities of importance.)

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HEADQUARTERS, Baltimore, February 25, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: The inclosed papers* indicate the intention of the Government to allow certain persons released from arrest to return to the South. One or two discharged from custody at Fort Warren under your late order have applied to me for the requisite papers. This is a new class of cases and I ask your direction in regard to them.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

* No inclosures found.

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COMMONWEALTH OF VIRGINIA, EXECUTIVE DEPARTMENT, Wheeling, Va., February 25, 1862.

Hon. E. M. STANTON, Secretary of War, Washington, D. C.

SIR: Samuel Clark, of Harrison County, Va., was engaged in assisting the quartermaster of General Morris in getting forage and as a guide in Randolph County, and on the 31st day of July, 1861, was taken prisoner by the Confederates at Big Springs and taken to Huntersville, thence to Richmond and afterward as is reported to New Orleans. I doubt, however, his removal to the latter city. Mr. Clark was not regularly enrolled in any company. He is a heavy-built man, dark complexion, arching eyebrows, black whiskers and a true and valuable man.

I inclose you resolutions passed by the General Assembly of Virginia in regard to the persons therein named. I hope in the exchange of prisoners these men will be remembered. They are worthy non-combatants and ought to be reclaimed if possible.

I have the honor to be, very respectfully, your obedient servant,

F. H. PEIRPOINT.

[Inclosure.]

Whereas Matthew P. Wyatt and Charles Levans, old, venerable and respected citizens of Kanawha County holding responsible positions therein, were on the 24th of October last while in the discharge of the legitimate civil duties imposed upon them by the offices and appointments they held under commissions and by the appointment of the governor of this Commonwealth violently and cruelly seized by a {p.247} band of armed men claiming and professing to be acting under the authority of the so-called Confederate States of America and carried into the limits or jurisdiction of the said Confederate States so called and (as this legislature has been informed) compelled to undergo hardships and perform duties entirely unsuited to their age and former habits of life; and

Whereas many ineffectual appeals have been made in various ways for their release: Therefore, be it

Resolved by the General Assembly of Virginia, That the Secretary of War be and is hereby requested to select from among the prisoners now held by the Government of the United States or That may hereafter be taken for that purpose two or more of like standing and condition and holding like or similar relations to the Government of the so-called Confederate States as hostages for the release of the persons above named, and to make an unconditional demand for the immediate release of those persons accompanied with the assurance that whatever inflictions, punishments or penalties have been or may be imposed upon the persons thus demanded will be inflicted upon the persons so held; or to take such other measures as may be necessary and effectual for the purpose of securing the object desired.

Resolved, That the governor of this Commonwealth be respectfully requested forthwith to transmit to the Secretary of War a copy of this resolution.

I, Gibson L. Cranmer, clerk of the house of delegates, do certify the above to be a correct copy of the joint resolution which was passed by the General Assembly on the 29th day of January, A. D. 1862.

GIBSON L. CRANMER, Clerk of the House of Delegates of Virginia.

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ATTORNEY-GENERAL’S OFFICE, February 26, 1862.

Hon. E. M. STANTON, Secretary of War.

SIR: Calling at your Department this morning I was disappointed in finding that you were out as I desired to consult your good judgment and get a word of advice in regard to the inclosed telegram* from the marshal of the western district of Virginia. I am not aware that I have anything to do with the matter of transferring military prisoners to judicial custody for trial, but I can readily foresee that cases of this sort may frequently happen and may lead to some embarrassment in the absence of any fixed rule for the treatment of those who are at once prisoners of war and subjects of judicial prosecution. Will you do me the favor to bestow some thought upon the subject so that I may have the benefit of your views when next we meet?

I have the honor to be, most respectfully, your obedient servant,

EDWARD BATES, Attorney-General.

* Not found.

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DEPARTMENT OF STATE, Washington, February 26, 1862.

DAVID L. PHILLIPS, Esq., U. S. Marshal, Southern District of Illinois, Springfield.

SIR: Your letter and its inclosure of the 23d instant has been duly received. In reply I have to inform you that the several questions to {p.248} which it relates shall be brought before the War Department immediately.

I am, sir, your obedient servant,

F. W. SEWARD, Assistant Secretary.

–––

GENERAL ORDERS, No. 72.}

HDQRS. ARMY OF THE POTOMAC, Washington, February 26, 1862.

...

All deserters from the enemy, prisoners and other persons coming within our lines will be taken at once to the provost-marshal of the nearest division who will examine them in presence of the division commander or an officer of his staff designated for the purpose. This examination will only refer to such information as may affect the division and those-near it, especially those remote from general headquarters.

As soon as this examination is completed-and it must be made as rapidly as possible-the person will be sent under proper guard to the provost-marshal-general with a statement of his replies to the questions asked. Upon receiving him the provost-marshal-general will at once send him with his statement to the chief of staff of the Army of the Potomac who will cause the necessary examination to be made. The provost-marshal-general will have the custody of all such persons. Division commanders will at once communicate to other division commanders all information thus obtained which affects them.

...

By command of Major-General McClellan:

S. WILLIAMS, Assistant Adjutant-General.

–––

GENERAL ORDERS, No. 13 a.

HDQRS. DEPARTMENT OF THE OHIO, Nashville, Tenn., February 26, 1862.

...

Peaceable citizens are not to be molested in their persons or property. Any wrongs to either are to be promptly corrected and the offenders brought to punishment. To this end all persons are desired to make complaint to the immediate commander of officers or soldiers so offending, and if justice be not done promptly then to the next commander, and so on until the wrong is redressed. If the necessities of the public service should require the use of private property for public purposes fair compensation is to be allowed. No such appropriation of private property is to be made except by the authority of the highest commander present, and any other officer or soldier who shall presume to exercise such privilege shall be brought to trial. Soldiers are forbidden to enter the residences or grounds of citizens on any plea without authority.

No arrests are to be made without the authority of the commanding general except in case of actual offense against the authority of the Government, and in all such cases the fact and circumstances will immediately be reported in writing to headquarters through the intermediate commanders.

The general reminds his officers that the most frequent depredations are those which are committed by worthless characters who straggle {p.249} from the ranks on the plea of being unable to march, and where the inability really exists it will be found in most instances that the soldier has overloaded himself with useless and unauthorized articles. The orders already published on this subject must be enforced.

...

By command of General Buell:

JAMES B. FRY, Assistant Adjutant-General and Chief of Staff.

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Executive Order, No. 2, Relating to Political Prisoners.

WAR DEPARTMENT, Washington, February 27, 1862.

IT IS ORDERED:

First. That a special commission of two persons, one of military rank and the other in civil life, be appointed to examine the cases of the state prisoners remaining in the military custody of the United States and to determine whether in view of the public safety and the existing rebellion they should be discharged or remain in military custody or be remitted to the civil tribunals for trial.

Second. That Maj. Gen. John A. Dix, commanding in Baltimore and the Hon. Edwards Pierrepont, of New York, be and they are hereby appointed commissioners for the purposes above mentioned, and they are authorized to examine, hear and determine the cases aforesaid ex parte and in a summary manner at such times and places as in their discretion they may appoint and make full report to the War Department.

By order of the President:

EDWIN M. STANTON, Secretary of War.

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WAR DEPARTMENT, February 27, 1862.

DAVID L. PHILLIPS, Esq., U. S. Marshal, Southern District of Illinois, Springfield.

SIR: You will please arrest James D. Pully, A. P. Corder and Doctor Clemerson, of Marion, Williamson County, Ill; C. C. Carpenter, of McLeansborough, Hamilton County, and Dr. D. Green, of Mount Vernon, Jefferson County, and convey them to Fort Lafayette, New York Harbor. You will search the persons and premises of each, and send all treasonable letters or papers found in their possession with your report thereon to this Department.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

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OFFICE OF PROVOST-MARSHAL, Saint Louis, Mo., March 3, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: I have the honor to inclose herewith a report of “all persons received and held in confinement at Saint Louis and Alton other than prisoners of war since the 4th of March, 1861, showing when and on whose order they were arrested, when and on whose order any of them were discharged and especially designating such as now remain in custody.”

{p.250}

In connection with this report I desire to say that they have all been confined in the Saint Louis Military Prison the prison at Alton being exclusively devoted to prisoners of war. All the arrests were made at Saint Louis except where otherwise designated. No arrests were made previous to the declaration of martial law August 4, 1861. The recapitulation exhibits a list of those persons now in confinement exclusive of prisoners of war.

I beg leave to apologize for the delay in transmitting this record, but the confusion in which the records of the office were kept during the first two months after martial law was declared has rendered it as to cases occurring within that period unavoidable.

I have the honor to be, very respectfully, your obedient servant,

GEO. B. LEIGHTON, Provost-Marshal, District of Saint Louis.

[Inclosure.]

List of prisoners other than prisoners of war confined in the military prisons at Saint Louis and Alton, March 3, 1862.

Name.Charge.Date of arrest.Date of discharge.
Jeremiah AhearnGiving information to enemySept. 18, 1861Sept. 20, 1861
Lambert P. AyresAiding and abetting enemyNov. 1, 1861Dec. 11, 1861
R. M. ArmstrongdoNov. 9, 1861Nov. 12, 1861
John A. BrownleedoAug. 14, 1861Aug. 21, 1861
J. BennettdoSept. 28, 1861Sept. 29, 1861
John C. BrowndoOct. 26, 1861Nov. 18, 1861
Henry C. BeliesdoOct. 28, 1861Nov. 7, 1861
Ben BarronDisloyaltyOct. 29, 1861Oct. 81, 1861
W. ByrneAiding and abetting the enemyNov. 6.1861Nov. 16, 1861
Harding BenjamindoNov. 9, 1861Nov. 11, 1861
Joseph W. BurtondoNov. 11, 1861Do.
M. M. BurtondoNov. 9, 1861Do.
W. B. BeasleydoNov. 16, 1861Doc. 4, 1861
Robert ClarkSpyAug. 26, 1861Sept. 10, 1861
J. C. ClarkAiding and abetting enemySept. 9.1861Sept. 13. 1861
John CroftenSpySept. 8. 1861Sept. 16, 1861
John C. Cons-anAiding an abetting enemySept. 19.1861Sept. 30, 1861
Sidney ChamberlaindoSept. 25, 1861Sept. 27, 1861
Samuel B. ChurchilldoOct. 19, 1861Nov. 4, 1861
James CumminsdoOct. 22, 1861Nov. 16, 1861
Hugh CollinsdoNov. 9, 1861Dec. 11, 1861
H. O. CrossdodoDo.
James F. CrawforddodoDo.
J. M. CrowderdoNov. 16, 1861Dec. 4, 1861
John CarrollTaking measurement of Fort No. 7Doc. 27, 1861Dec. 28, 1861
Robert B. ClarkLeaving Saint Loins without passOct. 31, 1861Nov. 27, 1861
Frank J. ChaseTreasonable languageJan. 28, 1862Feb. 3, 1862
H. T. CalvertDisloyal sentimentsFeb. 3, 1862Feb. 12, 1862
William ClarkdoFeb. 9, 1862Feb. 28, 1862
Frederick DohrdoSept. 9, 1861Sept. 27, 1861
J. M. DonnellyHelping rebel recruits, &c.Sept. 5, 1861Sept. 16, 1861
Edward G. DayUsing treasonable languageSept. 23, 1861Sept. 27, 1861
Thomas A. DrydenGeneral disloyaltyOct. 3, 1861Oct. 4, 1861
William DillCorresponding with rebelsJan. 1, 1862Jan. 2, 1862
James O. EdwardsAiding rebellionSept. 5, 1861Sept. 12, 1861
H. K. EatonConcealing Government armsOct. 18, 1861Oct. 22, 1861
Charles ElliottAttempting smuggling to MemphisOct. 26, 1861Nov. 12, 1861
W. M. EastonIncendiary languageDec. 17, 1861Dec. 19, 1861
Samuel EnglerAttempting to prevent execution of military orderJan. 23, 1862Jan. 25, 1862
Isaac FieldsAiding and abetting the enemySept. 10, 1861Sept. 16, 1861
Dr. Felix FerriereGeneral disloyaltySept. 11, 1861Sept. 15, 1861
J. M. FergusonDesign to join rebel armySept. 12, 1861Sept. 18. 1861
L. E. ForsythGeneral disloyaltySept. 14, 1861Sept. 15, 1861
C. D. FabreTreasonable remarks, &cOct. 2, 1861Oct. 3, 1861
D. R. GraceGeneral disloyaltySept. 1, 1861Sept. 5, 1861
John W. GunnAiding and abetting the enemyNov. 9, 1861Nov. 12, 1861
Dr. W. S. GoldingTreasonable languageJan. 4, 1862Jan. 21, 1862
Samuel GilfillanSpyJan. 6, 1862Jan. 8, 1862
Henry N. HartAiding and abetting the enemySept. 10, 1861Sept. 16, 1861
Zebulon HollingsworthTreasonable languageSept. 20, 1861Sept. 21, 1861
Michael HanseydodoDo.
D. O. HughesSpySept. 28, 1861Nov. 6, 1861 {p.251}
Charles H. HarrisonAiding and abetting the enemyOct. 4, 1861Oct. 10, 1861
John HainesdoNov. 6, 1861Nov. 19, 1861
Joseph HardeedodoNov. 18, 1861
J. S. HarringtondoNov. 16, 1861Jan. 2, 1862
C. Gregory HydeDesign to go to New OrleansNov. 18, 1861Dec. 22, 1861
Daniel HudsonSpyNov. 21, 1861Dec. 27, 1861
Dominick HilbertTreasonable languageJan. 15, 1862Jan. 23, 1862
William HenleydoJan. 18, 1862Jan. 24.1862
Wellington HoffmanGeneral disloyaltyFeb. 8, 1862Feb. 14, 1862
Robert JarrottTreasonable languageAug. 28, 1861Aug. 24, 1861
P. H. JohnsondoAug. 15, 1861Aug. 16, 1861
William JacksonAiding and abetting the enemyOct. 4, 1861Oct. 9, 1861
Eugene JaccardGeneral disloyaltyOct. 29, 1861Oct. 31, 1861
Joseph JacksonAiding and abetting enemyNov. 9, 1861Nov. 12, 1861
William C. JamesonConveying correspondence to rebel StatesJan. 1, 1862Still held.
William JordanSpyJan. 13, 1862Jan. 25, 1862
James KeelanCarrying dispatches to rebel armyAug. 19, 1861Aug. 25, 1861
Thomas KearneyTreasonable languageSept. 1, 1861Sept. 15, 1861
James KennedyEnlisting troops for rebel armySept. 2, 1861Sept. 16, 1861
John S. KellyTreasonable languageOct. 12, 1861Oct. 14, 1861
George KingslandConcealing munitions of warDec. 10, 1861Dec. 10, 1861
Leroy KingslanddodoDo.
C. M. Neet, alias LeetGiving information to enemyOct. 13, 1861Oct. 24, 1861
Joseph LancasterIncendiaryNov. 9, 1861Nov. 13, 1861
J. W. McDonaldGeneral disloyaltyAug. 19, 1861Sept. 5, 1861
Maxwell McDowellEnlisting recruits for rebel armySept. 2, 1861No date.
Peter MarkeydoSept. 8, 1861Sept. 9, 1861
J. C. Moody (druggist)Treasonable languagedoSept. 16, 1861
Abraham MortonAiding enemyOct. 2, 1861Oct. 3, 1861
Matthew McHogandodoDo.
Auguste MungerGeneral disloyaltyOct. 14, 1861Oct. 21, 1861
John MorrillAiding and abetting the enemyNov. 9, 1861Nov. 12, 1861
John K. MilesdodoDo.
Julius C. MinordodoDo.
John MotherheadBurning bridgeNov. 4, 1861Dec. 6, 1861
Willis MotherheaddodoDo.
Lawrence MooneySpyNov. 15, 1861Do.
John MorrowAiding and abetting enemyNov. 16, 1861Doc. 4, 1861
Edward McBrideSpydoNov. 29, 1861
E. M. MabieCarrying correspondence SouthNov. 20, 1861Still held.
B. MangoTreasonable language.Doc. 28, 1861Doc. 26, 1861
Moritz NeidnerPublishing treasonable articlesAug. 14, 1861Aug. 15, 1861
William H. NelsonSpySept. 3, 1861Sept. 16, 1861
Julius NeismanGeneral disloyaltySept. 13, 1861Sept. 21, 1861
Minor NealI Aiding and abetting enemyOct. 1, 1861Oct. 4, 1861
James M. P. NolanWriting treasonable lettersOct. 18, 1861Still held.
Michael NolanLeaving for New Orleans without passOct. 22, 1861Oct. 28, 1861
A. K. NisbetTreasonable languageJan. 28, 1862Still held.
Gustavus OrtelldoOct. 2, 1861Oct. 4, 1861
David O’SheadoJan. 30, 1862Feb. 7, 1862
William Thomas PittardGeneral disloyaltyAug. 22, 1861Aug. 23, 1861
Horace PetrieSketching fortifications for treasonable purposesOct. 24, 1861Oct. 29, 1861
Risdon H. PriceConveying recruits to rebel armyNov. 1, 1861Nov. 2, 1861
William PerkinsAiding and abetting enemyNov. 9, 1861Nov. 11, 1861
John PhelanTreasonable languageDec. 2, 1861Dec. 12, 1861
Conrad PeiperAiding enemyDec. 15, 1861Dec. 18, 1861
A. F. PackGeneral disloyaltyOct. 29, 1861Dec. 27, 1861
Thomas PendergrastTreasonable languageJan. 30, 1862Feb. 7, 1862
Charles PrenticedoFeb. 8, 1862Feb. 18, 1862
Jackson QuiggSpySept. 27, 1861Sept. 30, 1861
William QuinnTreasonable language.Dec. 7, 1861Dec. 8, 1861
Thomas RoachRecruiting for rebel armySept. 1, 1861Oct. 1, 1861
William RosedodoSept. 5, 1861
William B. RedfieldCarrying dispatches to enemySept. 6, 1861Sept. 7, 1861
Joseph RickeyCharged with disloyaltyNov. 30, 1861Dec. 7, 1861
T. ReynoldsHaving Government arms in his possessionDec. 3, 1861Dec. 11, 1861
John RodenbergerTreasonable languagedoDo.
William H. RobertsdoJan. 7, 1862Still held.
William RayAssaulting U. S. soldierFeb. 8, 1862Feb. 13, 1862
J. ScheverellSpySept. 1, 1861Sept. 16, 1861
A. SeetondodoDo.
Sol. SkeendoSept. 1, 1861Sept. 25, 1861
John SheaAiding and abetting enemySept. 9, 1861Sept. 15, 1861
John Sexton, isGeneral disloyaltySept. 13, 1861Do.
Michael SullivanTreasonable languageSept. 19, 1861Sept. 23, 1861
D. H. SilverGeneral disloyaltyOct. 1, 1861Oct. 1, 1861
Nov. 30, 1861Dec. 17, 1861
Martin SheadoOct. 1, 1861Oct. 2, 1861 {p.252}
Sylvester SimpsonTreasonable languageOct. 6, 1861Oct. 8, 1861
John SpencerDesigning to burn Laclede bridgeNov. 9, 1861Nov. 12, 1861
Preston SweeneyAiding and abetting the enemydoDec. 16, 1861
R. ShepherdSpyDec. 9, 1861Do.
Theodore SmithDestroying bridges on Pacific RailroadDoc. 14, 1861Dec. 18, 1861
J. H. SchenckPassing lines of army without permissionJan. 10, 1862Jan. 20, 1862
J. D. StewartTreasonable languageJan. 28, 1862Jan. 29, 1862
James M. StinedoFeb. 3, 1862Feb. 14, 1862
Stephen StottBridge burningFeb. 7, 1862Feb. 9, 1862
Michael SmithAssaulting U. S. soldierFeb. 8, 1862Feb. 14, 1862
J. S. TriplettTreasonable languageAug. 23, 1861Sept. 11, 1861
Dr. J. F. TallantSpySept. 14, 1861Sept. 18, 1861
John TodebushGeneral disloyaltyOct. 18, 1861Dec. 4, 1861
John TirrerAiding and abetting the enemyNov. 12, 1861Feb. 7, 1862
Henry VincentSpyJan. 4, 1862Feb. 1, 1862
Philip WhiteFurnishing arms to enemySept. 9, 1861Sept. 16, 1861
William WoodsSpySept. 16, 1861Do.
George WilsonAiding and abetting the enemySept. 25, 1861Sept. 27, 1861
Levi J. WardlawSpyOct. 18, 1861Oct. 30, 1861
Uriel WrightOct. 19, 1861Oct. 28, 1861
Moses F. WhiteBurning bridgeNov. 4, 1861Nov. 12, 1861
William F. WhittinghoffSpyNov. 23, 1861Nov. 29, 1861
D. M. C. WellsAiding and abetting enemyNov. 27, 1861Dec. 8, 1861
Thomas WalshGeneral disloyaltyFeb. 8, 1862Feb. 14, 1862
John S. ZeiglerTreasonable languageSept. 12, 1861Sept. 13, 1861
W. J. StrattonExpressing treasonable sentimentsFeb. 20, 1862Still held.
W. F. WellsBearer of dispatches to General PriceDoc. 17, 1861Do.
Ambrose McFaulTreasonable languageFeb. 28, 1862Do.
George J. JonesPublishing treasonable articles from English journals.Feb. 20, 1862Do.
Dr. Robert BarclayGeneral disloyaltyFeb. 18, 1862Do.
J. B. BurnettdodoDo.

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HEADQUARTERS ARMY OF THE POTOMAC, Washington, March 3, 1862.

Brig. Gen. A. PORTER, Provost-Marshal-General.

GENERAL: ... Concerning Joseph Widmeyer, arrested in Morgan County, Va., by order of General Banks on February 17, 1862, the commanding general directs that he be held in custody until the lines of our forces are so far advanced as to render it impossible for him to do harm in any way.

Very respectfully, your obedient servant,

S. WILLIAMS, Assistant Adjutant-General.

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HEADQUARTERS, Baltimore, March 4, 1862.

Hon. GEORGE H. PENDLETON, Member of Congress.

SIR: I have the honor to acknowledge the receipt of your letter of the 3d instant, with one from Mrs. Broadstreet, &c. I am very sorry to inform you that her case is not within the rules I have adopted. She desires to go and return, whereas passes are given to women and children whose husbands, parents or means are in the South and who intend to remain there. A more extended indulgence would lead to continual crossing and recrossing our military lines and would be entirely incompatible with the public interests.

While on the subject allow me to mention that Mrs. Semmes, the wife of the commander of the privateer Sumter, is in Cincinnati with her children. Her position is a very unpleasant one in many respects and she is anxious to go South. Should she not be allowed to go? {p.253} Indeed should she not be sent whether she wishes to go or not? Should we retain within our limits the families of those who are in arms against the Government? Should they not be sent into the insurgent States to share the privations, the social disquietude and the desolation they have brought and are bringing upon themselves? I believe their presence there in the midst of all this social derangement would be a much more effectual cure for secessionism than a residence among us where no such disturbance exists.

I am, respectfully, your obedient servant,

JOHN A DIX, Major-General.

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FORT HAMILTON, N. Y., March 5, 1862.

Hon. W. H. SEWARD:

A writ was sent here from New York this morning for the person of Arthur Brown,* a state prisoner confined in Fort Lafayette. I refused to let him go without your order. The person who served the writ stated that the said Arthur Brown was a witness in a law suit but his testimony was not material, and he would not probably be wanted. In case he should be shall I allow him to go?

MARTIN BURKE, Lieutenant-Colonel, Commanding.

* See case of Arthur Brown, p. 1345.

–––

DEPARTMENT OF STATE, Washington, March 6, 1862.

Lieut. Col. MARTIN BURKE, Fort Lafayette, New York Harbor:

Send me a description of the character of the writ and the names of the attorneys and judge by whom issued.

F. W. SEWARD, Assistant Secretary.

–––

WASHINGTON, March 6, 1862.

Hon. WILLIAM H. SEWARD, &c.

SIR: Her Majesty’s Government have considered with attention the correspondence which I had the honor to hold with you in the months of October, November and December last concerning the treatment experienced by the crews of two British schooners, Revere and Louisa Agnes, which had been captured on the charge of breach of blockade.

Her Majesty’s Government cannot but regard the putting of seamen belonging to these vessels in irons under the circumstances in which and for the period for which this was avowedly done as wholly unjustifiable. I am, however, instructed to express to you the satisfaction with which Her Majesty’s Government have seen that upon the matters being brought by me to your notice you informed me that an instruction would be addressed by the Secretary of the Navy to the flag officers of the blockading squadrons to use irons only when and so long as necessary, and in all cases to pursue the utmost kindness consistent With the safety of captures and prizes toward seamen captured in attempting to break the blockade.

{p.254}

I am desired to add that Her Majesty’s Government trust that this instruction will be so carried into effect as to prevent the recurrence of any cases similar to those of the Louisa Aglles and the Revere.

I have the honor to be, with high consideration, sir, your most obedient, humble servant,

LYONS.

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WAR DEPARTMENT, Washington, March 6, 1862.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: Herewith I send you a copy of a letter* from Otis Gibson, esq., relative to Samuel L. Gouverneur, esq., late U. S. consul at Foo Choo, China, who is expected to return to the United States soon. You will please be on the lookout for him, and if he should land at New York you will arrest and convey him to Fort Lafayette and report to this Department.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

(Same to Charles Ogden, Toronto, Canada; J. R. Giddings, esq., Montreal, Canada; John S. Keyes, esq., U. S. marshal, Boston.)

* Not found,

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FORT HAMILTON, New York Harbor, March 6, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: In answer to your telegram just now received I have to state that the writ was a very informal one, commanding me to appear before Justice J. S. Bosworth, of the U. S. superior court, at 11 a.m. on the 5th of March. The writ was brought down between 10.30 and 11 o’clock of that day and had no attorneys’ names mentioned.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

P. S.-This is the recollection of the officer of the day, Lieutenant Noble, Eighth Infantry, who saw the writ.

M. B.

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FORT HAMILTON, New York Harbor, March 6, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: In connection with my letter of this date I have to say that a person sent me in word that he was from the marshal’s office, &c. I received him and found out that it was a falsehood. I turned him over to the officer of the day, Lieutenant Noble.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

{p.255}

–––

ROUSE’S POINT, March 6, 1862.

Hon. E. M. STANTON, Secretary of War.

DEAR SIR: I inclose a letter from “C. M.,” but in truth from John C. Brune, a rebel member of the Maryland legislature, and since he has been in Montreal has shown himself as unscrupulous in his secessionism as any there. If it be a fact as he represents that the order for his arrest has been recalled I am confident misrepresentations have been made to the Department, for knowing as much as I do of him I am certain his entire sympathies are with the rebels.

Most respectfully, your obedient servant,

H. DUNN.

P. S.-I think Mr. Underwood has some evidence of his disloyalty.

[Inclosure.]

No. 9.]

MONTREAL, March 2, 1862.

DEAR WILLIAM: Since my last of 20th ultimo we have a complete interruption of travel and mails in consequence of heavy and continued falls of snow, but I previously received yours of 17th (No. 13) and now those of 22d and 24th (15 and 16), consequently No. 14 of 20th to which you refer has failed to reach me.

First, in reference to the sugar, I have nothing more to say than to repeat my “startling cry”-the longer they are held the worse it will be for all concerned, and if others can sell 800 and 900 barrels per day why cannot we dispose of ours? I tell you once more that in my opinion fair refining will soon fall to 6 cents.

Next, as regards my return home, unless I can have some assurance that not only the order for my arrest is withdrawn but that I can go back without any parole and my future as free and open as I feel my past political career to have been innocent, and my poor wardrobe said to be held* at Rouse’s Point restored to me, I am not disposed to sneak back somewhat in the position of a felon against whom, at any convenient time, an old or new offense may be trumped up by those holding and reveling in power and utterly unscrupulous in its exercise. At the same time you may readily imagine how happy I would be to see and be with you all-to take my share of the little labor (unfortunately) you have to perform. As to my advice or counsel, that I have given and will continue so to do from here, and so soon trust to learn that the sad and painful topic open between us has been obliterated at however great a sacrifice.

Not having anything to say on the subject to any of the family who I sincerely trust may all understand my position I must leave the matter to be arranged as best they may, taking only my share of pecuniary responsibility and meeting it as soon and fully as I can. Meanwhile let me hope that you may be able to obtain some new commission business, especially from our friends J. C. B. & Co., but I would again beg to impress upon you that the refinery is our best and surest dependence and that if we can retain that agency we should only be too thankful till brighter and better days dawn. Our commissions from that source should meet my expenses, which will be smaller hereafter as I shall have settled by my next draft for $250 probably all my bills except a small one to the tailor and doctor. Apropos I am glad to say I think my boils have nearly run out. They have been very painful and annoying. In regard to my remaining household effects, silver, glass, books and plate, sell them as well as you can and whenever it may be necessary.

{p.256}

I don’t suppose I shall ever keep house again if I ever do return to my dear native city.

Remember me to all kind friends and give much love to every member of the family. Tell E. B. H. that I have his of 19th, most welcome, and will answer it in a few days.

Ever yours, dear William,

C. M.

* See Dunn to Seward, October 17, Vol. I, this Series, p. 602, for allusion to Brune’s detained trunk.

No. 10.]

MARCH 3, [1862].

No mail went out yesterday, and on re-perusing the inclosed I find I have omitted to give my best thanks to George for his kind interference in my behalf. Let them withdraw the order if they please, and maybe he could obtain an order for the release of my trunk and then I could be guided and governed by events as well as my feelings.

Yours, ever,

C. M.

All (of course) confidential.

–––

WAR DEPARTMENT, Washington, March 6, 1862.

ROBERT MURRAY, Esq., U. S. Marshal, New York:

Be on the lookout for Peter Herman, who is expected by every steamer, bearer of treasonable dispatches from Europe. He is about forty-seven or forty-eight years old and has a passport, No. 959, dated May 4, 1857, signed Lewis Cass, Secretary of State, and viséed by Samuel Ricker, late U. S. consul at Frankfort-on-the-Main. Arrest and send him to Fort Lafayette; secure his papers and send them to the State Department.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

(Same to John S. Keyes, U. S. marshal, Boston; C. P. Bradley, esq. chief of police, Chicago; A. C. Sands, esq., U. S. marshal, Cincinnati Hiram Dunn, esq., Rouse’s Point, N. Y.; chief of police, Detroit, Mich.; Delos T. Bligh, esq., Louisville, Ky.)

–––

DEPARTMENT OF STATE, Washington, March 7, 1862.

Lieut. Col. MARTIN BURKE, Fort Lafayette, New York Harbor.

COLONEL: I have to acknowledge the receipt of your letter of the 6th instant and to inform you that your proceedings in the matter of the writ of habeas corpus are entirely approved.

I am, &c.,

F. W. SEWARD, Assistant Secretary.

–––

FORT HAMILTON, New York Harbor, March 7, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C.

SIR: There has been a falsehood perpetrated on me with regard to a prisoner at Fort Lafayette yesterday, and I have requested Marshal Murray to have the matter investigated.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

{p.257}

–––

WAR DEPARTMENT, Washington, March 8, 1862.

Lieut. Col. MARTIN BURKE, Fort Lafayette, N. Y.

COLONEL: I have to acknowledge the receipt of your two letters of the 6th instant addressed to the Secretary of State and to inform you that your proceedings in the matter of the writ of habeas corpus are entirely approved.

I am, &c.,

EDWIN M. STANTON, Secretary of War.

–––

WAR DEPARTMENT, Washington, March 8, 1862.

Maj. Gen. JOHN A. DIX, Baltimore.

GENERAL: You may release John A. Hibbs, John Wild, John Lemon, Thomas W. Hollis, George Seeley, John G. Goodin and John Ferris, prisoners confined in Fort Delaware, upon their giving their written parole of honor that they will render no aid or comfort to the enemies in hostility to the Government of the United States.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

DEPARTMENT OF STATE, Washington, March 8, 1862.

Maj. Gen. JOHN A. DIX, Baltimore, Md.

GENERAL: I have been directed by the Secretary of War to report to yourself and Mr. Pierrepont for duty as clerk of the commission created by Executive Order, No. 2, of the War Department in relation to political prisoners. Will you have the kindness to inform me when and where the commission will meet to organize and in what manner I can serve you? It seems to me that it is desirable to dispose of all these cases as soon as possible. There are now a large number of prisoners confined in the Old Capitol Prison in this city and their cases are familiar to Mr. E. J. Allen, a detective in the employ of the provost-marshal, who I am informed intends to leave the city in a short time. I would suggest therefore that those cases here had better be disposed of first.

I have the honor to be, general, very respectfully, your obedient servant,

B. D. WEBSTER.

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HEADQUARTERS, Baltimore, March 9, 1862.

E. D. WEBSTER, Esq., Department of State, Washington.

DEAR SIR: Major-General Dix has received your letter of yesterday and instructed me to say that he will communicate at once with Judge Pierrepont, his associate, and inform you what arrangements the commissioners will make. The general would be glad to receive from the State Department as early as practicable a list of the prisoners at Forts Lafayette and Warren.

Very respectfully, your obedient servant,

JOHN A. BOLLES, Captain and Aide-de-Camp.

{p.258}

–––

DEPARTMENT OF STATE, Washington, March 10, 1862.

Right Hon. Lord LYONS, &c.

MY LORD: I have had the honor to receive your note of the 6th instant in which after reverting to the correspondence which has passed between us concerning the treatment experienced by the crews of the British schooners Revere and Louisa Agnes you state that Her Majesty’s Government cannot but regard the putting of seamen belonging to those vessels in irons under the circumstances in which and for the period for which this was avowedly done as wholly unjustifiable.

In reply I have the honor to observe that it is believed that except in the cases of the Revere and Louisa Agnes and one other case which has just been brought to my notice no complaints whatever have reached this Government during the existing rebellion of harsh treatment of persons on board of vessels captured by our naval forces. And when in the first two of those cases a complaint was preferred by you the Secretary of the Navy, though perfectly convinced in his own mind of their humanity, lost no time in enjoining upon the flag officers of our blockading squadrons kindness in all cases toward captured prisoners and that irons be used only when and as long as may be necessary for the safety of the captors and the prizes. If; however, our naval officers are in any case justly chargeable with rigorous treatment of persons taken by them from on board prize vessels such persons have their judicial remedies in our courts of law.

I have the honor to be, with high consideration, your lordship’s obedient servant.

WILLIAM H. SEWARD.

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WAR DEPARTMENT, Washington, March 10, 1862.

His Excellency F. H. PEIRPOINT, Governor of Virginia, Wheeling, Va.

SIR: The Secretary of War directs me to acknowledge your letter of the 25th ultimo with the accompanying resolution of the General Assembly of Virginia, and to inform you that it will receive careful attention.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

–––

WAR DEPARTMENT, Washington, March 10, 1862.

Maj. Gen. JOHN A. DIX, Baltimore:

The Secretary of War directs me to inquire how many political prisoners and spies you can receive and take care of at Fort McHenry.

P. H. WATSON, Assistant Secretary of War.

–––

WAR DEPARTMENT, Washington, March 10, 1862.

Col. JUSTIN DIMICK, Fort Warren, Mass.

COLONEL: The Secretary of War directs me to inform you that if Rev. A. L. Hitzelberger be a loyal and proper person he may be admitted to Fort Warren to visit the prisoners if in your judgment it can be done without detriment to the public service.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

{p.259}

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BALTIMORE, MD., March 10, 1862.

P. H. WATSON, Assistant Secretary of War:

There is not room at Fort McHenry for any more political prisoners. There are only two rooms of moderate size and both are occupied.

JOHN A. DIX, Major-General.

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HEADQUARTERS, Baltimore, March 11, 1862.

P. H. WATSON, Esq., Assistant Secretary of War.

SIR: The whole number of political prisoners ever confined within the walls of Fort McHenry is seventeen. This was only for a few days, when a room now occupied by the garrison was used for their custody. Twelve prisoners can be conveniently accommodated, but six of these must use officers’ quarters. Whenever the number of political prisoners has risen to twelve or fourteen I have always asked for their removal. It is still more necessary now, as we have been compelled to take one of the rooms usually occupied for the close custody of particular prisoners for ordnance stores. At present there are eight political prisoners in custody, all that can now be conveniently accommodated, and this number may be increased any day by arrests here as there is no place within the city for the confinement of political prisoners.

I inclose an extract from a letter written by me* on the 5th of September last to Major-General McClellan on this subject. Since then our facilities for the custody of prisoners have been diminished by the necessities of the garrison.

I am, very respectfully, yours,

JOHN A. DIX, Major-General.

* Omitted here. See Vol. I, this Series, p. 592.

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WAR DEPARTMENT, Washington, D. C., March 11, 1862.

Judge EDWARDS PIERREPONT, New York.

SIR: The Secretary of War directs me to inquire how soon the commission consisting of General Dix and yourself; appointed under the President’s Executive Order, No. 2, in relation to state prisoners will be ready to hear and determine cases and at what place it is proposed to sit first? This inquiry is made to enable this Department to satisfy the numerous applicants for information on these points. For a while they were quieted by receiving a copy of the circular inclosed, but that no longer satisfies them.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War

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HEADQUARTERS PROVOST-MARSHAL-GENERAL, ARMY OF THE POTOMAC, Washington. D. C., March 11, 1862.

Brig. Gen. A. PORTER, Provost-Marshal-General.

DEAR SIR: In the case of John F. C. Offutt, a prisoner confined in the Old Capitol Building, whose application to the honorable Secretary {p.260} of War to be released from custody on his parole of honor, &c., has been referred to yourself for a report I have the honor to report as follows:

Said Offutt was sent to this office from General Banks’ division on the 20th of January last, he having crossed the river from Virginia near Harper’s Ferry and having gone into Virginia by the way of the Eastern Shore about the middle of October last, being then from Baltimore. My operatives inform me that Offutt was one of the notorious Marshal Kane’s policemen in Baltimore, who from their leader down took such an active part against the Government in that city at the commencement of our national troubles, said Kane being now confined in Fort Warren as one of the most dangerous traitors in the country. Offutt stated to one of my operatives in Virginia that he had had a hand in the murderous assault on the Federal troops in Baltimore on the 19th of April last, and he exhibited portions of Federal military equipments as corroborative evidence of his participation in that ignominious affair. He also stated that he had come into Virginia for the purpose of aiding the rebels all he could against the Federal Government.

My operative thinks there is no doubt but that Offutt has come from Virginia as a spy for the rebel Government, and that from his extensive acquaintance on this side of the lines and his avowed hostility to the Government and sympathy with the rebels he is a spy of the most dangerous stamp. While on examination at this office Offutt also recognized one of my operatives who had seen him in Virginia and who happened to be present here at the time. Being misled as to the character of this operative here he (Offutt) stated to him privately that the statement he (Offutt) had made at the office in regard to military affairs in the South was not true. The fact of his having seen this operative at these headquarters from which he might also infer the character of an associate operative now in Virginia renders it even more unsafe for him to be set at liberty, as in case of his return to Virginia he would not only carry all the military information he could get to the enemy but might seriously interfere there with the secret service of this office and endanger the lives of my operatives on duty there. In consideration of this double dangerousness of this man therefore I have to recommend that as a most imperative military necessity he be kept in secure confinement until the close of the war for the Union.

All of which is respectfully submitted by your obedient servant,

E. J. ALLEN.

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WAR DEPARTMENT, Washington, March 11, 1862.

JOSEPH DARR, Jr., Provost-Marshal, Wheeling, Va.

SIR: I am directed by the Secretary of War to acknowledge the receipt of your report* of the 7th instant in relation to the cases of Samuel Shippard, James H. Nay and Dr. J. Devies. I am also directed by him to request you to report to me the names of all political prisoners at present in confinement at that post, together with the proofs upon which they are held.

I am, sir, &c.,

E. D. WEBSTER.

* Not found.

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HEADQUARTERS, Baltimore, March 12, 1862.

P. H. WATSON, Assistant Secretary of War.

SIR: I wrote yesterday to Judge Pierrepont suggesting to him to come here immediately with a view to a meeting at an early day at {p.261} Washington to consider the cases of the political prisoners in that city. The subject has not received an earlier consideration for want of papers not yet furnished, which it was understood were to be prepared at the State Department. The moment I hear from Judge Pierrepont I will advise you.

I am, very respectfully, yours,

JOHN A. DIX, Major-General.

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WAR DEPARTMENT, Washington, March 12, 1862.

A. C. SANDS, Esq., U. S. Marshal, Cincinnati.

SIR: Herewith I transmit a copy of a letter* relative to the wife of Captain Semmes, of the pirate Sumter. If that lady is residing in Cincinnati you will place her correspondence under a strict but secret surveillance, and at the proper time after arrival of the next European mail you will make a thorough examination of her premises and baggage, secure all letters and papers found in her possession and transmit them with your report thereon to this Department.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

* See Dix to Pendleton, March 4, p 252.

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Alphabetical list* of prisoners ordered released since February 10, 1861.

Name.Where confinedDate of release.
Adams, HughOld Capitol PrisonFeb. 21, 1862
Anderson, Samuel F.doDo.
Barber, J. R.Fort WarrenDo.
Burton, B.doDo.
Barr, M. W.doDo.
Brown, JamesdoDo.
Baum, EdwarddoDo.
Buckles, Robert W.Fort LafayetteDo.
Brookbanks, Thomas A.doDo.
Butler, IsaiahdoDo.
Burnett, S. R.doDo.
Brady, PatrickdoDo.
Baker, A. N.doDo.
Ballenger IsaacOld Capitol PrisonDo.
Benman, JacksondoDo.
Beach, CalvertdoDo.
Ball, SummerfielddoDo.
Bayliss, Richard H.doDo.
Bayliss, Bushrod W.doDo.
Brown, Henry C.doDo.
Claggett Thomas J.Fort WarrenFeb. 10, 1862
Coe, Charles H. P. (exchange)Fort LafayetteFeb. 14, 1862
Caste, W. T.doFeb. 21, 1862
Cottrell, Edward C.doDo.
Coleman, J. L.doDo.
Connor JamesOld Capitol PrisonDo.
Craggs, ThomasdoDo.
Douglass, J. A.Fort WarrenDo.
Da Costa, AlfreddoDo.
Denison Robert M.doDo.
Donnelly, James A.Old Capitol PrisonDo.
Digney, JohndoMar. 3, 1862
English, JoséFort WarrenFeb. 21, 1862
Freeman, R. S.doDo.
Flanders, F. D.doDo.
Flanders, J. R.doDo.
French, Parker H.doDo. {p.262}
Ford, J. IgnatiusOld Capitol PrisonFeb. 21, 1862
Fowler, Thomas P.doDo.
Farrell, DennisdoDo.
Farrington, M. J.doDo.
Gleason, William H.doFeb. 12, 1862
Green, CharlesFort WarrenFeb. 17, 1862
Guthrey, J. GarnettFort LafayetteFeb. 17 and 21, 1862.
Grissons, R. S.Fort WarrenFeb. 21, 1862
Gatchell, William H.doDo.
Grosse, WilliamdoDo.
Grayson. E. B.Old Capitol PrisonDo.
Gunnell, George W.doDo.
Holland, R. C.Fort LafayetteFeb. 14, 1862
Harrison, William G.Fort WarrenFeb. 21, 1862
Hopkins, Guy S.Fort LafayetteDo.
Hall, David C.doDo.
Has. John, or Higgins, of KentuckydoDo.
Holland, R. C.doDo.
Hewitt, Thomas B.Old Capitol PrisonDo.
Hurst, RicharddoDo.
Hornbeck, AbrahamdoDo.
Harrover, JohndoDo.
Haislip, JohndoDo.
Haislip, JamesdoDo.
Hick, WilliamdoDo.
Haislip, Thomas H.doDo.
Hutchins, George W.doDo.
Jones, J. LawrenceFort WarrenFeb. 14, 1862
Jones, George W.Fort LafayetteFeb. 21, 1862
Jones, E. M.doDo.
Julius, GeorgedoDo.
Joy, WilliamOld Capitol PrisonDo.
Janney, Mahlon H.doDo.
Keene, CharlesFort WarrenDo.
Loker, James B.Old Capitol PrisonFeb. 10 and 21, 1862.
Ledwidge ChristopherFort LafayetteFeb. 21, 1862
Lewis, RicharddoDo.
Lee, Richard R.Old Capitol PrisonDo.
Leo, William L.doDo.
Lee, D. C.doDo.
Martin, N.doFeb. 12, 1862
Marriott, C. H.Fort LafayetteFeb. 18 and 21, 1862.
Myatt, E. C.Fort WarrenFeb. 21, 1862
Maury RutsonFort LafayetteDo.
Mathews, ThomasdoDo.
McDaniel, JohnCapitol PrisonDo.
McArthur Lewis L.doDo.
McKenzie, Alexander L.doDo.
Mills, ClarencedoDo.
Moore, JeremiahdoDo.
McKewen, William F.Fort WarrenDo.
McCubbin E. H.Fort LafayetteDo.
Newton, S. F.Fort WarrenDo.
O’Neil, Ed.doDo.
Ogden, J. M.Fort LafayetteDo.
O’Leary, ThomasdoDo.
O’Brien, P.doDo.
Ostrander, Elisha C.Old Capitol PrisonDo.
Olden, ForrestdoDo.
Peak, Mr.doFeb. 12, 1862
Parr, John F.Fort LafayetteFeb. 13, 1862
Perkins, J. M.doFeb. 21, 1862
Perry, WilliamdoDo.
Potter, O. F.Old Capitol PrisonDo.
Pinn, John (colored)doDo.
Plaskett, MatthewdoDo.
Trumble, Vance L.doDo.
Quigley, ThomasFort LafayetteDo.
Rogers, C. C.doFeb. 13, 1862
Rasin, P. F.Fort WarrenFeb. 21, 1862
Rasin, Robert W.Fort LafayetteDo.
Reneau, N. S.doDo.
Russell, J. R.doDo.
Regan, JohnOld Capitol PrisonDo.
Rea John E.doDo.
Rigal, JohnFort LafayetteMar. 3, 1862
Ruggles, Edward S.Fort WarrenDo. {p.263}
Smedes, BennettOld Capitol PrisonFeb. 18, 1862
Shackleford, G. A.Fort WarrenFeb. 21, 1862
Sibern, E.doDo.
St. George WilliamdoDo.
Smith, WilliamFort LafayetteDo.
Swain, J. P.doDo.
Stuns, H. P.doDo.
Smith, J.doDo.
Smith, WithersOld Capitol PrisonDo.
Savage, James W.doDo.
Simpson, HenrydoDo.
Thomas, J. HansonFort WarrenDo.
Thompson, A.Fort LafayetteDo.
Van Amringe, GeorgeFort WarrenDo.
Winder, William H.doDo.
Wattles, David C.Fort LafayetteDo.
Weaver, L. H.doDo.
Williams, A. B.doDo.
Ward, WilliamOld Capitol PrisonDo.
Young, JohndoDo.
Young, LewisdoDo.

* Found among the records of prisoners in Department of State. It is unsigned and bears no date, but was probably made soon after March 3, 1862.

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GENERAL DIX’S HEADQUARTERS, March 15, 1862.

Hon. E. M. STANTON, Secretary of War:

I propose to be in Washington on Monday to meet Judge Pierrepont and take up the cases of political prisoners there.

JOHN A. DIX, Brigadier-General.

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WAR DEPARTMENT, Washington, March 15, 1862.

WILLIAM P. WOOD, Superintendent of Old Capitol Prison, Washington, B. C.

SIR: The Secretary of War directs that upon their respectively taking the oath of allegiance to the United States you will release from custody the following prisoners now held in the Old Capitol Prison, viz: J. B. Angel, P. Hanety, L. Van Arsdale, James Riley, B. W. Wine, John M. Brooke, James Haislip, A. Gunnell, A. G. Gunnell, J. Rockford, James Poole, Noah Hunt, M. Rourke, F. X. Lacross, and J. L. Smith.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

–––

OFFICE OF COMMISSARY-GENERAL OF PRISONERS, Sandusky, March 15, 1862.

General M. C. MEIGS, Quartermaster-General U. S. Army, Washington, B. C.

GENERAL: I have the honor to inclose herewith two letters* addressed to me by two state prisoners at Columbus who desire to be released on their taking the oath of allegiance. I know nothing of the charges against them except what they state, but I believe there are among the prisoners a number who have been taken up without any very specific charges against them, and we encumber ourselves with the care of men who are of very little account. They were captured in the early part {p.264} of the war by scouting parties who were not very particular so that they brought in a prisoner. Heretofore it has been well to keep them to exchange for better men, but now that they are no longer required for that purpose I would suggest that all against whom there are not grave charges be released on their taking the oath of allegiance.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

[First indorsement.]

Respectfully referred to the Secretary of War.

It appears to the Quartermaster-General that on taking the oath of allegiance these prisoners could be properly released.

M. C. MEIGS, Major-General.

[Second indorsement.]

MARCH 28, 1862.

Approved.

EDWIN M. STANTON, Secretary of War.

* Not found.

–––

Disposition made of citizen prisoners* at Camp Chase and Wheeling.

Name.Residence.Condition of discharge.
Arnold, JamesGilmer County, Va.Released on oath and bond.
Allen, William H., sr.Kanawha County, Va.Released on oath.
Allen, William, jr.doDo.
Adams, J. D.Hampshire County, Va.Do.
Adams, JacobdoDo.
Amuck, HenryWirt County, Va.Do.
Anderson, JohndoDo.
Ayers, JeffdoDo.
Bright, MatthewHarrison County. Va.Released on oath and bond.
Boggs, WesleyWebster County, Va.Do.
Barnett, N. D.Braxton County, Va.Do.
Barnett, J. D.doDo.
Baumgardner, JacobGuyandotte Va.Do.
Bowman, A. C.Barbour County, Va.Do.
Burner, L.Pocahontas County, Va.Do.
Byard, Benj.Wetzel County, Va.Do.
Bennett, HezekiahPendleton County, Va.Do.
Butcher, Harvey B.Roane County, Va.Do.
Coffman, J. W.Harrison County, Va.Do.
Cooper, Dr. F. W.Roane County, Va.Released on oath and to live in Ohio.
Cool, JesseWebster County, Va.Released on oath.
Cool. ArchibalddoDo.
Collins, LewisUpshur County, Va.Do.
Carte, GeorgeClay County, Va.Do.
Cogar, TunisWebster County, Va.Released on oath and bond
Cavendish, JohnFayette County, Va.Do.
Crawford, W. S.Hampshire County, Va.Do.
Cain, MichaeldoReleased on oath.
Coffman, GeorgeTaylor County, Va.Do.
Conway, G. S.Harrison County, Va.Do.
Channel, SamuelVirginiaReleased on oath and bond.
Coteral, R. H.Roane County, Va.Released on oath.
Collins, A. L.Wirt County, Va.Do.
Conrad, MariondoDo.
Cone, GamalieldoDo.
Cummins, John S.Roane County, Va.Do.
Coon, C. C.VirginiaDo.
Davis, George A.Harrison County, Va.Released on oath and bond.
Dillon, R. H.Kanawha County, Va.Released on oath.
Dulin, FrancisWirt County, Va.Do.
Dent, CorneliusdoDo.
Dunn, JohnHampshire County, Va.Released on oath and to live in Ohio. {p.265}
Davis, SamuelHampshire County, Va.Released on oath.
Dully, PeterFayette County, Va.Do.
Deaver, DavidVirginiaDo.
Evert, P. R.Cabell County, Va.Do.
Enlow, JohnRandolph County, Va.Do.
Eaton, Jonah B.Hampshire County, Va.Do.
Evans, PeterHarrison County, Va.Do.
Enoch, David, jr.Wirt County, Va.Do
Eshelman, AbrahamCabell County, Va.Do.
Frampton, DaviddoDo.
Farley J. W.Kanawha County, Va.Do.
Flanagan, JacobTucker County, Va.Do.
Fall, ReubenWirt County, Va.Do.
Flint, WilliamCharleston County, Va.Released on oath and bond.
Grove, George S.Upshur County, Va.Do.
Gwin, JohnCabell County, Va.Released on oath.
George, HenryRoane County, Va.Do.
Rite, J. W.Cabell County, Va.Released on oath and bond.
Harwood John A.Wood County, Va.Released on oath.
Hansford, Charles S.Randolph County, Va.Released on oath and bond.
Heater, HansonGilmer County, Va.Released on oath.
Heater, HarveydoDo.
Hoover, FredericBraxton County, Va.Do.
Houchin, EllisPocahontas County, Va.Do.
Hall, A. E.Harrison County, Va.Do.
Hickman, WilliamWirt County Va.Do.
Hall, SamuelRoane County, Va.Do.
Jones, SamuelBraxton County, Va.Released on oath and bond.
Jones, A. W.VirginiaReleased on oath.
Jacoby, MilesdoReleased on oath, governor’s pardon.
Keith, J. J.Lewis County, Va.Released on oath.
Kious, J. C.Gauley Mount, Va.Do.
Kesler, AlexWirt County Va.Do.
Lowther HarrisonLewis County, Va.Released on oath and bond.
Lockwood, JohnWood County, Va.Released on oath.
Louck, G. W.Randolph County, Va.Released on oath and bond.
Limbers, IsaacBraxton County, Va.Released on oath.
Lowther CamillusWood County, Va.Do.
Lemmon, JacobRitchie County, Va.Do.
Lemmon, FredkdoDo.
Long, S. D.Hampshire County, Va.Do.
Lynch, WilliamLewis County, Va.Do.
Long, HenryVirginiaDo.
Manie, A. J.Fayette County, Va.Released on oath and bond.
Martin, H. T.Lewis County, Va.Released on oath and to live in Ohio.
Morris, W. B.Nicholas County, Va.Released on oath and bond.
McCutcheon, JonesFayette County, Va.Do.
Malcomb, J. M.Braxton County, Va.Do.
Morrow, ThomasWirt County, Va.Do.
McCartney, G. D.Clarksburg, Va.Do.
Moss, James A.Braxton County, Va.Do.
McCrea RobertWebster County, Va.Released on oath.
McNamar, JohnGilmer County, Va.Do.
Meeks, WilliamLewis County, Va.Do.
Monroe, SylvesterVirginiaDo.
Myers, J.doDo.
Miller, H. H.doDo.
McVicker, SteenroddoDo.
McIntyre, RicharddoReleased on oath and to live in Indiana.
Meeks, F. A.doReleased on oath.
Miller, Thomas W.doReleased on oath and to live in Ohio.
Moss, G. W.Braxton County, Va.Released on oath and bond.
Malcolm, F. M.doDo.
Martin, DavidGauley Mount, Va.Released on oath.
Nichols, G. W.Fayette County, Va.Released on oath and bond.
Norton TimothyHampshire County, Va.Released on oath.
Nutter, ThomasMarion County, Va.Do.
Nelson, W. H.Tucker County, Va.Do.
Neal, JonathanGauley Bridge, Va.Released on oath and bond.
Neal, AndersondoDo.
Parsons, AbrahamTucker County, Va.Released on oath and bond.
Parsons, C. C.Kanawha County, Va.Released on oath.
Parrish, JamesCabell County, Va.Do
Parsons, CorneliusTucker County, Va.Do.
Parsons, JosephdoDo.
Parsons, William L.Roane County, Va.Do.
Russell, St. MarkCabell County, Va.Do.
Ricketts ElijahdoDo.
Rogers, ham A.Fayette County, Va.Released on oath and bond.
Reynolds, ArchibaldCabell County, Va.Released on oath.
Rowsey, KilburnFayette County, Va.Do.
Reach, CharlesRoane County, Va.Do. {p.266}
Rogers, LemFayette County, Va.Released on oath and bond.
Ruckman, M. D.Randolph County, Va.Do.
Rudolph, HezekiahHampshire County, Va.Released on oath.
Robinson, J. H.Wirt County, Va.Do.
Rhea, J. L.Braxton County, Va.Do.
Ryan, G. M.VirginiaDo.
Rose, SolomondoDo.
Rafferty, PatrickCalhoun County, Va.Do.
Roach, JohnRoane County, Va.Do.
Rinehart, ElijahHampshire County, Va.Do.
Ruby JohnPutnam County, Va.Released on oath and bond.
Smith, Chris. H.Harrison County, Va.Do.
Stalnaker, AbsolomRandolph County, Va.Do.
Schackelford, CobbNicholas County, Va.Released on oath.
Smith, B. A.Cabell County, Va.Do.
Stewart, JamesdoDo.
Snyder, LewisLewis County, Va.Do.
Smoot, N. C.Hampshire County, Va.Do.
Stackhouse M.Roane County, Va.Do.
Siebert, AdamHampshire County, Va.Do.
Siebert, WilliamdoDo.
Stockslager, DanieldoDo.
Strickland, JosephVirginiaDo.
Sheppard, MartinWirt County, Va.Do.
Staats, WilliamRoane Comity, Va.
Somerville, DavidWirt County. Va.Do.
Stewart, William P.Roane County, Va.Do.
Stewart, John W.doDo.
Sharp, BryerlyWirt County, Va.Released on oath and to live in Ohio.
Sheppard, R. M. J.VirginiaReleased on oath.
Stallman, G. W.Gilmer County, Va.Released on oath and bond.
Starcher, PhilipVirginiaDo.
Starcher, A. J.doDo.
Tanner, JoshuaClay County, Va.Released on oath and to live in Ohio.
Tanner, ElijahdoDo.
Tanner, John A.Calhoun County, Va.Do.
Tillman, Thomas W.Near Buckhannon, Va.Released on oath.
Torney, MichaelPutnam County, Va.Do.
Tanner, WilliamRoane County, Va.Do.
Van Bibber, D. C.Nicholas County, Va.Released on oath and bond.
Van Bibber, J. C.doDo.
Vance, George W.doDo.
Vandevender, CainBraxton County, Va.Do.
Varner, JacobJackson County, Va.Do.
Ware, John N.Randolph County, Va.Do.
Wilson, Wash. M.Clay County, Va.Released on oath.
Warner, E. C.Braxton County, Va.Released on oath and bond.
Windsor, AndersonFayette County, Va.Do.
Walton, B. H.Cabell County, Va.Do.
Wise, W. H.Harrison County, Va.Released on oath.
Ward, McKinseyBarbour County, Va.Do.
Wyatt. AddisonLewis County, Va.Do.
Wagoner, MichaelVirginiaDo.
Youst, F. H.Marion County, Va.Do.

The following prisoners under indictment for treason have been turned over to the U. S. marshal for the western district of Virginia:

Milton J. Ferguson, Robert S. Holderby, A. C. Kennedy, John Newcomb, James M. Gray, James H. Nay, William Bennett, W. C. Rodgers William Hamilton, David H. Gilmer, George Bastable, Nathan Liggett. John R. Hodges, John D. Mayo, Jeff. Bowen, sr., James E. Bowen, Mott. Jewell, William Curry, Benjamin France, Lewis Ekuss, Joseph Harbour, Greenwood Childers, Lewis Childers, George W. Savage, Samuel Smith, John L. Bowen, Perry Peyton, Thomas Scales, M. W. Hughes, P. H. Thomasson, Daniel Dusky, Kellis Argobright, Jesse J. Ingraham, Hurston Spurlock, James B. Smith, Stephen Strather, Sr.

JOSEPH DARE, Major First Virginia Cavalry, Provost-Marshal.

* The date of arrest and discharge of these prisoners is not stated in the return. The return was made March 13, 1862.

{p.267}

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List of citizen prisoners in custody March 15, 1862, in the Department of Western Virginia.

Name.Residence.Charge.
Alderton, WilliamMorgan County, Va.Rebel aider.
Apperson WilliamRandolph County, Va.Rebel mail carrier.
Amick, EliNicholas County, Va.Bushwhacker.
Arbough, HarryPutnam County, Va.Do.
Butler, OliverClay County, Va.Thief and a bad man.
Boney, ReubenHampshire County, Va.Forcing Union men into rebel army.
Burdett, John J.Greenbrier County, Va.Sending Union men into rebel custody.
Ball, HenryCabell County, Va.Violent secessionist.
Burner, GeorgePocahontas County, Va.Charges unknown.
Bradford, JamesJackson County, Va.Aiding the rebellion.
Bradford, James P.Preston County, Va.Secessionist.
Baker, William R.Residence unknownSupposed rebel alder.
Burnett, DennisdoDo.
Beaton, JonesdoDo.
Beall, SamueldoDo.
Buttallion, HansboroughdoDo.
Becker, JohndoDo.
Childers, FrancisRoane County, Va.Violent secessionist.
Coberly, BushrodPendleton County, Va.Rebel mail carrier.
Cain, ThomasCalhoun County, Va.Secessionist.
Cordaw, WilliamBarbour County, Va.Do.
Cunningham, JohnMarion County, Va.Aiding the rebels.
Cooper, DanielLisle County, Va.Do.
Bevies, DoctorWirt County, Va.Rebel alder in robbing boats.
Daft, George B. (c. c.)Randolph County, Va.Secessionist.
Dering, George M.Ham p shire County, Va.Rebel mail carrier.
Davison, D. D.Wood County, Va.Secessionist.
Daugherty, JosephWirt County, Va.Do.
Everet, E. T.Cabell County, Va.Do.
Fleshman, C. S.Kanawha County, Va.Sympathizing with the South.
Farris, JacobsPendleton County, Va.Giving aid to the enemy.
Falconer. WilliamUpshur County, Va.Comforting rebels.
Gibson, GeorgeWirt County, Va.Secessionist.
Green, JamesBraxton County, Va.Do.
Heater, Thomas B.Gilmer County, Va.Bushwhacker.
Hoboes, N. G.Kanawha County, Va.Aider of rebellion.
Helmick, J. N.Calhoun County, Va.Supposed secessionist.
High, Frederic S.Hampshire County, Va.Giving information to the enemy.
Henson, JohnCabell County, Va.Secessionist.
Hammer, George W.Pendleton County, Va.Rebel scout; violating parole.
Harden, John J.Barbour County, Va.Giving information to rebels.
Hampton, ReubenWayne County, Va.Secessionist and rebel aider.
Hensley, WilliamdoDo.
Hickey, David H.Harrison County, Va.Do.
Holmes, S. G. C.Do.
Hope, S. R.Sumner County, Tenn.Do.
Hopkins, A. S.Boone County, Va.Do.
Jones, WesleyMarion County, Va.Secessionist.
Kelly. Frank (c. c.)Roane County, Va.Secessionist and bushwhacker.
Kaddle, John (c. c.)Marshall County, Va.Do.
Keith, Robert M.Gilmer County, Va.Do.
Kirkpatrick, R. W.Wetzel County, Va.Do.
Lewis, John E.Kanawha County, Va.Aiding rebels.
Lewy, GreenFayette County, Va.Secessionist.
Leace, George W.Ham p shire County, Va---Do.
Leace. John W.doDo.
Lillard, D. C.UnknownUnknown.
Lillard, JeremiahdoDo.
Lusby, John B.doDo.
Melot, RezinMarion County, Va.Secessionist.
Marks, JohnGilmer County, Va.Destroying Union men’s property.
Michael, John E.Marion County, Va.Rank secessionist.
Michael, JonathandoDo.
Musgrave, MosesdoDo.
McClung, George A. U.Nicholas County, Va.Bushwhacker.
McDonald, AnthonyPendleton County, Va.Rebel aider and horse-thief.
Myers, Daniel M.Tucker County, Va.Rebel mail carrier and horse-thief.
McColister, PeterPutnam County, Va.Aiding rebels in arresting Union men.
McColister, MosesdoAiding rebels.
Markham, BartWayne County, Va.Secessionist.
Markham, StevendoDo.
Norton, MosesKanawha County. Va.Secessionist.
Nolan, P. E.Jefferson County, Va.Do.
Nassaeur, LewisGiles County, Tenn.Do.
Nelson, J. W.Cabell County, Va.Found in armed rebellion.
Odell, William H.Nicholas County, Va.In arms against Government of the United
States.
Parsons, JosiahJackson County, Va.Secessionist.
Pierce, Benjamin H.Raleigh County, Va.Do.
Props, Noah W.Nicholas County, Va.Bushwhacker. {p.268}
Phillips, Samuel H.Tucker County, Va.Rebel mail carrier; horse-thief.
Paul, ThomasPutnam County, Va.Bushwhacker.
Paul, JamesdoPoisoning Union men.
Riley, John W.Calhoun County, Va.Secessionist and rebel aider.
Rooke E.Kanawha County, Va.Do.
Ross, FrancisCalhoun County, Va.Do.
Rogers, Charles L.Braxton County, Va.Do.
Rowsey, K.Fayette County, Va.Do.
Stalnaker, JohnRoane County, Va.Secessionist.
Stewart, OwenHampshire County, Va.Violent secessionist.
Sharps, Jesse H.Upshur County, Va.Aiding rebels.
Stevenson, LeslieWayne County, Va.Bushwhacking.
Shrivers, H. J.Hampshire County, Va.Do.
Sevey, HermanFayette County, Va.Rank bushwhacker.
Swindler, WilsonHampshire County, Va.Giving aid and comfort to rebels.
Sites, WilliamPendleton County, Va.In Captain Lauty’s militia company; unorganized.
Smith, Benjamin F.Hampshire County, Va.Hostage for Mr. Brabb.
Swain, C. M.Putnam County, Va.Horn-stealing; scouting.
Scisson, LutherBoone County, Va.Do.
Stewart, J. J.Cabell County, Va.Secessionist.
Souther, John M.Wood County, Va.Do.
Shannon, GeorgePutnam County, Va.Do.
Smith, AllenNicholas County, Va.Aiding rebels.
Stevens. J. J.Fayette County, Va.Secessionist.
Simmonds, WilliamCabell County, Va.Do.
Stevens, Lewis W.Marion County, Va.Do.
Stevens, FirmandoDo.
Short, ThomasWayne County, Va.Bushwhacking.
Saloir, DoctorUnknown
Shirely, HenryMorgan County, Va.Comforting rebels.
Sheppard, J.Washington County, Va.Do.
Spencer, J. D.UnknownUnknown.
Stollings, GranvilleCharleston, Va.Secessionist.
Temple, CharlesSpottsylvania County, Va.Rebel spy.
Toothman, AshburyMarion County, Va.Recruiting for rebel militia.
Thompson, George W.Clay County, Va.Bushwhacker.
Taylor, AlfredRandolph County, Va.Rebel aider and horse-thief.
Thompson, CoplinPendleton County, Va.Rebel aider and intimidating Union citizens.
Taylor, Obed W.Randolph County, Va.Supposed rebel informer.
Thompson, CalowayWayne County, Va.Secessionist.
Valentine, GeorgeRitchie County, Va.Do.
Wilson, JosephCalhoun County, Va.To be released for Joseph Durkin, of Hampshire County.
Watkins, Charles W.Randolph County, Va.Aiding rebels.
Weese, EliasdoDo.
White, W. T.Nicholas County, Va.Secessionist.
Wharton, W. H.Putnam County, Va.Do.
Wright, Thomas A.Held for evidence.
Yost, JohnHampshire County, Va.Secessionist.
Young, HumeMcCracken, Ky.

[JOSEPH DARE, JR., Major First Virginia Cavalry, Provost-Marshal.]

[Indorsement.]

Respectfully referred to E. D. Webster, esq., Department of State.

E. D. TOWNSEND, Assistant Adjutant-General.

–––

HEADQUARTERS, Baltimore, March 15, 1862.

Brig. Gen. H. H. LOCKWOOD, Commanding Eastern Shore.

GENERAL: I had yesterday a letter from the Secretary of War directing me to inquire into the circumstances attending the arrest of Mr. Bayard by Colonel Wallace, and expressing the belief that there was no just ground for such a measure. I have communicated with the colonel and instructed him to release Mr. Bayard on his parole of honor to report to me when required. The colonel advises me that he {p.269} has undertaken to disarm a company of militia. This should not have been done without my order. I have never in this State ventured on so rigorous a measure without the approbation of the governor. In my letter to you of the 9th of October I said:

If you can get any legitimate authority, executive or military, in Delaware to direct the disbandment or disarming of companies in that State it should be done. In that case I think the arms had better be deposited at Fort Delaware.

I supposed you would understand that without such authority the measure should not be attempted unless upon specific directions from me. If any of the members of Mr. Bayard’s company make demonstrations in favor of the Confederates they should be arrested and the facts reported to me. On the 27th ultimo I wrote you as follows:

If any person within the limits of your command shouts for Jeff. Davis or Beauregard as charged in Mr. Fisher’s letter, or displays any secession emblem arrest him at once and keep him in custody subject to my order. You will please report to me the circumstances in each case. I will not permit where I have the power any demonstration in favor of a political or military organization which is making war on the United States.

I wish this course to be pursued in regard to every man thus offending against the Government and people of the United States no matter what his private or official position may be. But in a State which has given no evidence of a want of loyalty no step should be taken to break up any military organization but on full consideration and after consultation with the State authorities. Individual members of such organizations may for open acts of disloyalty be summarily dealt with as above directed.

I am, very respectfully, yours,

JOHN A. DIX, Major-General.

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WAR DEPARTMENT, Washington, D. C., March 17, 1862.

Brigadier-General WADSWORTH, Military Governor of the District of Columbia.

GENERAL: The attention of this Department has just been called to a gross violation of its orders by publishing information of military movements in the Sunday Chronicle, a newspaper published in this city, yesterday. You will immediately take military possession of the printing office in which publication is made, arrest the printers and publishers of the paper, take possession of all the papers that can be found and destroy them and hold the parties in custody that they may be dealt with according to the Rules and Articles of War.

Very respectfully, your obedient servant,

EDWIN M. STANTON, Secretary of War.

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FORT WARREN, Boston Harbor, March 17, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. C.

SIR: In reply to yours of the 15th* I have the honor to report that the following-named persons have taken their parole and left agreeably to your order of the 21st ultimo: J. R. Barber, R. S. Freeman, F. D. Flanders, J. R. Flanders, José English, James Brown, Robert {p.270} Denison, W. F. McKewen, M. W. Barr, A. Da Costa, Parker H. French, George Van Amringe, J. Hanson Thomas, P. F. Rasin and G. A. Shackleford.

The following persons have refused to take their parole, viz: William G. Harrison, W. H. Winder, William H. Gatchell, Henry M. Warfield and Charles Keene. Keene was received from Flag Officer Goldsborough, he having enlisted to get South. Failing to do this refused duty and stated that he would not fight under our flag. Since he has been here he has been kept in close confinement; refuses to give his parole of honor not to aid or comfort the enemies in hostility to the Government. I consider him partially insane, and would respectfully recommend that he be unconditionally released and obliged to labor for his support. Evidently this would be the least desirable thing that could befall him.

Edward Baum, William St. George, R. S. Grissons, J. F. Newton, S. F. Newton, E. Sibern, E. C. Myatt, J. A. Douglass and Edward O’Neil, sailors taken from merchant vessels for running the blockade. They are willing to take their parole if they can get South. I have kept them until I could hear from General Dix relative to their getting to their families South. They are poor men and rather remain as prisoners than be released without any means of support or hope of getting to their families.

I have to report that I have released J. D. Sudendorf in order that he may be placed in the asylum in Boston. He has been crazy ever since he has been here, but of late quite troublesome.

Bethel Burton, ordered to be released on 21st ultimo, had already been released by the Secretary’s order of the 19th ultimo.

I am, sir, with highest respect, your obedient servant,

J. DIMICK, Colonel First Artillery and Brevet Colonel, Commanding Post.

* Not found.

–––

HEADQUARTERS MOUNTAIN DEPARTMENT, Wheeling, March 17, 1862.

Brig. Gen. L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

GENERAL: I have directed Major Darr, provost-marshal-general of this department, to proceed to Washington taking with him to the War Department, first, a list of citizen prisoners* by orders from these headquarters; second, list of prisoners of war at Camp Chase, Columbus, Ohio; third, copies of the evidence against prisoners on which they were committed or are held; fourth, list of prisoners released on parole November 3, 1861; fifth, list of oaths administered since last return; sixth, report of the disposition of prisoners* heretofore released seventh, list of prisoners sent to Washington to be exchanged for the Guyandotte prisoners, Ninth Virginia; eighth, a letter** from Governor Peirpoint stating that many loyal citizens of the State have been dragged off to Richmond, and suggesting the arrest of hostages.

The nature of the testimony and many details were such that the provost-marshal-general’s explanations could alone make the matter fully understood. There are many prisoners of state held because they are dangerous to the peace and provokers of secession, sedition or treason. These are held without the least record of evidence of active crime. The evidence against the state prisoners ought to be returned {p.271} to this office because it is only here we can tell when it will be advisable to liberate many of them. Major Darr has therefore been instructed to request that the written evidence records be returned to this office.

Very respectfully, your obedient servant,

W. S. ROSECRANS, Brigadier-General, U. S. Army, Commanding.

* See ante.

** Not found.

–––

List of prisoners confined in the Old Capitol Prison, Washington, D. C., March 17, 1862.

Name.Date of arrest.Nature of offense.
R. O’N. GreenhowAug. 23, 1861Forwarding information to the rebels; dangerous, skillful spy.
Summerfield BallOct. 9, 1861Communicating with the rebels.
B. J. CrossOct. 10, 1861Giving aid and information to the rebels.
George S. WatkinsSept. 21, 1861Furnishing information to the rebels.
Rudolph WatkinsdoDo.
Thomas A. JonesOct. 4, 1861Do.
W. F. GettyOct. 1, 1861Having communication with the rebels.
Alfred NettletonSept. 11, 1861Corresponding with the rebels.
John W. BursondoDo.
P. W. CarperNov. 27, 1861Assassination of U. S. pickets.
Dr. William B. DaydoDo.
Dr. John T. DaydoDo
R. H. GunnelldoDo.
John B. FarrdoDo.
C. W. ColemandoDo
Thomas E. PooleDec. 6, 1861Communicating with the rebels.
James H. PooledoDo.
Bernard B. PooledoCommunicating information to the rebels.
John T. De BellNov. 27, 1861Assassination of U. S. pickets.
George ColemanDec. 6, 1861Do
William EatonDec. 2, 1861Found within our lines with citizens dress over a rebel
Hosea H. H. WilliamsDec. 4, 1861Claims to be a deserter from the rebels, although wearing a uniform like New York volunteers.
James W. McCurdyDec. 25, 1861Carrying men across the Potomac in a boat.
A. J. MichaelAbout Dec. 31, 1861Furnishing provisions and aiding rebellion.
W. J. FleeceAbout Oct. 28, 1861Opposition to Federal Government.
R. D. Shepard, jr.About Nov. 27, 1861Taking up arms against the Government.
A. ShepardNov. 27, 1861Do.
George H. JohnsondoTaking up arms and aiding rebels.
Moses P. DonaldsonJan. S. 1862Engaged in transporting cargo of goods to Virginia.
J. Barrett CohendoEngaged in conveying persons and goods to the rebels.
Henry C. BrownJan. 10, 1862Coming into our lines under suspicious circumstances.
Richard ColemanDec. 6, 1861Assassination of U. S. pickets.
George Dent, sr.Nov. 11, 1861Furnishing information to the rebels.
George Dent, jr.doDo.
W. F. MooreOct. 11, 1861Conveying information to rebel pickets
O. Allen ScanlandNov. 11, 1861Active in notifying Union men that they were drafted into the rebel militia.
John McDanieldoDo.
John WelchDoc. 1, 1861Deserted previously from Third U. S. Infantry.
F. M. EllisDec. 20, 1861Employé in secret service of General McClellan and communicating information to the rebels.
Dr. Aaron Van CampDec. 21, 1861Communicating with the rebels.
James FarrDec. 20, 1861Assassination of U. S. pickets.
Mrs. C. V. BaxleyDec. 29, 1861Carrying information to Richmond.
George M. GormleyJan. 10, 1862Attempting to enter the rebel States.
A. C. LandstreetJan. 15, 1862Evidence not yet received.
John W. CrawfordJan. 11, 1862Alleged to be connected with the murder of U. S. troops near Pohick Run, Vs.
Bushrod W. BaylissdoDo.
Matthew PlasketdoDo.
G p. McGlinceyNov. 27, 1861Taking up arms and aiding rebels.
Jesse B. WhartonDec. 22, 1861Do.
W. L. FisherDec. 11, 1861Forwarding communications to the rebels.
Henry A. StewartDec. 12.1861Employed by J. P. Benjamin, rebel Secretary of War.
Charles FollenDec. 19, 1861Furnishing information to the rebels and oppressing Union men.
John F. C. OffuttJan. 20, 1862Communicating with the rebels and forwarding goods to Virginia.
John A. MarshallJan. 31, 1862Carrying Information to rebels.
James PotterJan. 30, 1862Spy and shooting Union pickets. {p.272}
Oliver N. BryanJan. 11, 1862Prisoner of state.
Josiah E. BaileyFeb. 1, 1862Spy; rebel officer found in Washington in citizens clothes.
R W. RasinPrisoner of state.
Francis A. DickensSpy.
B H. JenkinsRecommitted.
M. T. WalworthSpy; connected with Mrs. Morris and Wm. T. Smithson.
Mrs. Augusta H. MorrisSpy; actively connected with Walworth Smithson and others. Sent to Washington by General Johnston.
Thomas J. MagruderFeb. 11, 1862Spy (discharged).
Thomas HaycockFeb. 11, 1862Spy.
Warren CurtisdoSpy; prowling about Union camps.
William P. BryanFeb. 21, 1862Spy and unquestionably employed by rebel Government.
E. Pliny BryandoSpy; belonged to rebel signal corps.
William OgdenFeb. 19, 1862No evidence.
Mrs. A. L. McCartyFeb. 21, 1862Spy, as shown by the papers found upon her.
Charles W. AdamsFeb. 22, 1862Spy; a bad and desperate man.
J. J. JarboeFeb. 21, 1862Treason.
Joseph WidmeyerFeb. 25, 1862Spy; could not be discharged with safety.
Robert DranePrisoner of state.
John H. CusickDo.
James N. MurphyDo.
Jonah OrrisonDo.
Arthur DawsonDo.
H. O. Claughten[No data.]
James GreenDo.
W. W. HarperDo.
W. B. PriceDo.
W. M. BrownDo.
E. S. HoughDo.
John W. BurkeDo.
John A. FieldDo.
W. AveryDo.
J. E. McGrawDo.
W. H. MarburyDo.
Stephen A. GreenDo.
W. H. McKnightDo.
A. J. FlemingDo.
W. Arthur TaylorDo.
J. B. DangerfieldDo.
John L. SmithDo.
W. CoganDo.
James A. EnglishDo.
Henry PeelDo.
Edgar J. SnowdenDo.
H. C. FieldDo.
Mrs. William H. NorrisSpy; arrested in Baltimore.
Jackson BenmanSpy; has been arrested three times.
Charles F. ElginSpy; might be discharged on taking oath.
Christopher Rochford[No data.]
T. J. McVeighSpy; was chaplain of Second Virginia Volunteers.
Noble B. MeansCorrespondence with rebels.
Alfred LeeFiring into cars containing Union men.
John Bail[No data.]
Joshua YoungCarrying supplies to rebel camps.
Tench SchleyDec. 12, 1861Carrying on contraband trade with the rebels.
James ConnorAbout Aug. 1, 1861.Spy; no evidence.

–––

SPRINGFIELD, ILL., March 18, 1862.

Major-General HALLECK:

I have under your orders had arrested William Richardson, W. P. Brooks, Nathan T. Brooks, W. G. Nabb and A. C. Gish for aiding one of the Fort Donelson prisoners to escape. They all confess having aided. What shall be done with them?

D. L. PHILLIPS, U. S. Marshal.

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WAR DEPARTMENT, Washington, March 18, 1862.

W. P. WOOD, Esq., Superintendent of Old Capitol Military Prison.

SIR: You are hereby directed to release from custody Rev. Townsend J. McVeigh, a prisoner confined in the Old Capitol Military Prison, on {p.273} his giving his parole of honor that he will within ninety days from the date hereof return and surrender himself to you unless he shall within ninety days procure the release of Rev. David J. Lee from the conditions of a parole given by him at Winchester, Va., in the month of August last and forward the same to the Secretary of War; and that meanwhile he (the said McVeigh) will do no act hostile to the Government of the United States nor give any information calculated to aid the insurgents.

J. A. DIX, B. PIERREPONT, Commissioners.

–––

CYNTHIANA, KY., March 18, 1862.

Judge SAMUEL BRECKINRIDGE.

RESPECTED SIR: Since the defeat of the rebel troops in Kentucky many of the men who took up arms against us are returning without having renounced their allegiance to the Confederate Government. We are fully persuaded that these men are coming here for the purpose of either recruiting for the rebel army or for the more dangerous purpose of organizing secret military companies to wage a guerrilla war in this part of Kentucky, or by violence and assassination to make the country so uncomfortable that the loyal men cannot stay here in peace. If General Halleck will authorize the military here to arrest these men and hold them as prisoners of war until the war is over or authorize a company to be raised of loyal men here to keep these men in subjection we can do it. We will raise the company and keep it up at our own expense. Something must be done and that immediately or the loyal men will have to surrender to violence and treason. Treason will have to be put down with a strong hand in Kentucky and treated as General Halleck has treated it in Missouri before we can have peace. In this part of the State disloyalty is in the ascendant, and in order to place it at a discount the rabble must see that the Government has the will and the force to deal with it promptly and successfully. They treat with ridicule the administration of the oath of allegiance.

Respectfully,

W. O. SMITH. R. T. LINDSAY. JAMES J. TEBBS. W. W. TRIMBLE.

–––

WAR DEPARTMENT, Washington, March 19, 1862.

D. L. PHILLIPS, U. S. Marshal, Springfield, Ill.

SIR: By direction of the Secretary of War I have to acknowledge the receipt of your communication asking that the officers in charge of the prisoners taken at Fort Donelson be instructed to furnish the names of all citizens of Illinois found among them in order that they may be tried for treason. In reply you are informed that such matters belong to the civil authorities, and that no fees can be paid or sanctioned by this Department for services rendered by marshals or district attorneys in the prosecution of citizens for treason.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

{p.274}

–––

HEADQUARTERS DEPARTMENT OF THE MISSISSIPPI, Saint Louis, March 19, 1862.

D. L. PHILLIPS, Springfield:

Convey the parties arrested for aiding the escape of prisoners of war to Alton Military Prison and have them placed in close confinement.

H. W. HALLECK, Major-General.

–––

FORT HAMILTON, New York Harbor, March 19, 1862.

General L. THOMAS, Adjutant-General U. S. Army, Washington, D. C.

SIR: Inclosed you will receive paper to which I have to request the approbation of the honorable the Secretary of War.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

[Inclosure.]

U. S. MARSHAL’S OFFICE, SOUTHERN DISTRICT OF NEW YORK, New York, March 19, 1862.

Lieut. Col. MARTIN BURKE, U. S. Army, Commandant Fort Lafayette.

DEAR COLONEL: In your note of the 15th instant* you tell me that a person made use of my name to introduce himself into the fort and serve on you a writ of habeas corpus which you disregarded. Allow me to assure you that I have never authorized any one to use my name to approach you, and should the like be again attempted I would suggest that you seize the person so introducing himself and hold him in custody until I come down to identify him.

I am, dear colonel, very faithfully yours,

ROBERT MURRAY, U. S. Marshal.

P. S.-Any individual wishing to see the commanding officer will give his name and business to the officer of the day or the sergeant of the guard during the temporary absence of the officer of the day, and will show his papers if necessary. Should the officer of the day have any doubt on the subject he will indicate to the person above referred to that if he has any purpose of interfering improperly with the state or war prisoners in Fort Lafayette he cannot be received, and that if he makes use of Marshal Murray’s name improperly he will be immediately sent to Fort Lafayette.

[NOTE.-This postscript appears to have been the copy of an order issued by Colonel Burke, forwarded for the information of the War Department. It is printed as found.]

* Not found, but see Burke to Seward, March 7, ante.

–––

OFFICE OF COMMISSION RELATING TO STATE PRISONERS, Washington, March 19, 1862.

W. P. WOOD, Esq., Superintendent of the Old Capitol Prison.

SIR: You will please discharge John A. Field, W. W. Harper, Wesley Avery, James E. McGraw, Stephen A. Green and James Green, prisoners {p.275} at the Old Capitol Military Prison in this city, upon their engaging upon their honor that they will render no aid or comfort to the enemies in hostility to the Government of the United States.

Respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

HEADQUARTERS DEPARTMENT OF THE MISSISSIPPI, Saint Louis, March 22, 1862.

Col. W. W. LOWE, Fort Henry, Tenn.:

All citizens who come in to avoid imprisonment by the enemy should be allowed to go to Illinois or elsewhere. Prisoners of war should be retained till they are exchanged or can be sent to prison depots.

H. W. HALLECK, Major-General.

–––

HEADQUARTERS, Baltimore, March 24, 1862.

T. F. BAYARD, Wilmington, Del.

SIR: I have been absent from this city on business connected with the military service; your letter would otherwise have been sooner answered. My direction to General Lockwood in October last was to disarm companies alleged to be disloyal if he could get any legitimate authority in Delaware, executive or military, to justify his action. The measures adopted by Colonel Wallace were approved by the major-general residing at or near Wilmington and were therefore so far as reported to me sustained. I expect General Lockwood here shortly and will then inquire into the whole proceeding. The parties who gave bonds for the arms cannot certainly be held for the penalty as they have been dispossessed by military force.

I am, very respectfully,

JOHN A. DIX, Major-General.

–––

OFFICE OF THE DETROIT TRIBUNE, Detroit, March 28, 1862.

[Hon. WILLIAM H. SEWARD.]

MY DEAR FRIEND: Circumstances have transpired which render it certain to my mind that there exists here and probably through every Northern State an organized treasonable association which is in sympathy and constant communication with similar associations in the rebel States and with the rebels. Since the publication of the Guy Hopkins’* letter, which you may or may not have observed in the Tribune, a certain class of men uniformly known as Democratic sympathizers with the rebels have exhibited a spirit which goes far to prove in the minds of candid men the truth of that letter. Canada seems to be the base of their operations and communication with Europe and the South through sympathizing friends along the borders of this frontier, extending from this city to Lake Huron at least if no farther.

{p.276}

I have just been informed of a trunk left here by an emissary and apparently a traveling agent of the secret cabals from Connecticut and who is now in the Southern States. The man with whom this trunk is left at my suggestion examined its contents, and he informs me that there are letters in it of an important character confirmatory of the supposed existence of the treasonable order and criminating some individuals as parties thereto. I am promised an examination of the contents of the trunk, when if the report of it is confirmed, of which I have now little doubt, I will communicate with you again or have the trunk and contents seized and sent to you or their import.

There are other facts and circumstances of a similar character which together have induced me to write you to suggest the propriety of having detectives employed here more than at present. I understand that there is but one person here only partially employed in that service. That person (I mean Mr. Goldman) is all right-good as far as he is authorized to act; but I am well satisfied that some one here should be authorized to employ other aid to him. The person so authorized should act simply as agent for the Government in directing the work to be done and to protect the Government against exorbitant charges and unnecessary expense. One or two and at times three or four persons might be necessary but not more than one probably would be needed in service all the time. I do not think our U. S. marshal is the proper person. He is seldom here, and I am sorry to add he leaves his office with two Democrats whom I would not dare confer with on this subject, Mr. Goldman, a deputy, being the only reliable Union man around in the absence of the marshal, and the marshal is too timid and inefficient for such duty.

I write all this confidentially but it is reliable. With such a detective organization as I suggest I think that in a few weeks the whole thing can be ferreted out. Without it while individuals may do much it will take some months if it can be thus made successful. It is the most extensive treasonable organization that ever menaced any Government. I shall do all I can to root it out but should like to [see] some active Government effort to do it thoroughly.

Very truly, your friend,

H. B. BARNES.

* See case of Hopkins et al., p. 1244 et seq.

–––

HEADQUARTERS EXPEDITION TO CARTHAGE Camp Dietzler, March 30, 1862.

Col. CHARLES DOUBLEDAY, Acting Brigadier-General, Commanding Post, Fort Scott.

COLONEL: I have in custody at this place twenty prisoners that I have apprehended since my arrival here. They are charged with the murder of Union men, driving them from their homes, stealing and destroying their property, &c. They have been members of independent guerrilla bands and some of them have been a terror to the peaceable citizens of this vicinity-moderate secessionists as well as Union men. If you will pardon me for the suggestion I would recommend that a commission be called to meet at this place for their trial. I do so because the great bulk of the testimony that could be produced to substantiate the charges could not be obtained if they should be tried at Fort Scott or any other distant point.

Referring the subject to your superior deliberation, I remain,

Very respectfully, colonel, your obedient servant,

POWELL CLAYTON, Lieutenant-Colonel, Commanding Expedition to Carthage.

{p.277}

–––

List of prisoners* examined by the commission relating to political prisoners and how disposed of.

* No date but marked on back, “March 28, 1862.”

Name.Date of arrest.Where arrested.On what charge.When discharged.Condition of discharge.
Norris, Mrs. MaryMar. 3, 1862Baltimore, Md.Correspondence with disloyal persons and with Colonel Zarvona in cipher.Mar. 18, 1862Parole of honor.
Cross, Benjamin J.Oct. 10, 1861Seneca, Md.Procuring the arrest of Doctor Causten by the insurgents.
Jones, Thomas A.Oct. 4, 1861Pope’s Creek, Md.Communicating with the enemy; taking persons across the river to join the rebel army.Mar. 21, 1862Oath of allegiance.
Dent, George, sr.Nov. 16, 1861VirginiadodoDo.
Dent, George, jr.dodododoDo.
Watkins, RudolphSept. 23, 1861Georgetown, D. C.Furnishing information to the insurgents.
Watkins, George S.dododoMar. 21, 1862Do.
Getty, William F.Oct. 1, 1861Washington, D. C.Charged with being a spydo.Do.
Price, William B.Feb. 26, 1862Alexandria, Va.Furnishing aid to the insurgents by contributions to support the families of those absent serving in the rebel army.Mar. 20, 1862Parole of honor.
Brown, W. M.dododoMar. 20, 1862Do.
Rough, E. S.dododoMar. 20, 1862Do.
Burke, John W.dodododoDo.
Field, John A.dododoMar. 19, 1862Do.
Avery, WesleydodododoDo.
McGraw, J. E.dodododoDo.
Marbury, W. H.dododoMar. 18, 1862Do.
Green, Stephen A.dododoMar. 19, 1862Do.
McKnight, W. H.dododo
Fleming, A. J.dododoMar. 20, 1862Do.
Taylor, Wm. ArthurdodododoDo.
Dangerfield, J. B.dododo
Smith, John L.dododo
Cogan, W.dododoMar. 20, 1862Do.
English, James A.dodododoDo.
Peel, Henrydododo
Snowden, Edgar J.dododoMar. 20, 1862Do.
Field, H. C.dodododoDo.
Green, JamesdododoMar. 19, 1862Do.
Harper, W. W.dodododoDo.
Claughton, Hierome O.dododo
Jarboe, J. J.Feb. 20, 1862Old Fields, MdCharged with being an enemy to the United States Government and sending recruits to the insurgents.
Ball, SummerfieldOct. 9, 1861Near Camp Advance, Va.Charged with attempting to escape to the insurgents after having taken oath of allegiance.Mar. 20, 1862Do.
Welch, JohnNot givenNot givenSaid to be a deserterdoDo.
Day, William BNov. 27, 1861Dranesville, Va.Murdering and robbing Federal soldiers at Lowe’s Island, Va.
Dickens, Francis A