Official Records of the Union and Confederate Armies: Ser. II, Vol. 2, Ch. 4.
Home Store Products Research Design Strategy Support New
 Research US War Dept. Official Records HTML Ser. II, Vol. 2, Ch. 4.

THE
WAR OF THE REBELLION:
A COMPILATION OF THE
OFFICIAL RECORDS
OF THE
UNION AND CONFEDERATE ARMIES.

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

–––

SUMMARY OF PRINCIPAL EVENTS.

27, 1862.–President Davis suspends the writ of habeas corpus in Norfolk and vicinity.
Mar.13, 1862.–President Davis suspends the writ of habeas corpus in New Orleans and other parts of Louisiana at the request of Governor Moore and others.
Apr.5, 1862.–President Davis suspends all civil jurisdiction and the writ of habeas corpus in the Department of East Tennessee.
9, 1862.–A court of inquiry ordered in the case of Hon. John Minor Botts, of Virginia, arrested as a suspect by the Confederate authorities.
May3, 1862.–President Davis suspends the writ of habeas corpus in portions of Western Virginia.

CONTENTS.

Confederate Reports, Correspondence, etc.1206
Case of Messrs. Hopkins, Butler, Wattles and ex-President Pierce.1244
Case of Fernando Wood.1267
Case of Parker H. French.1275
Case of James Brown.1278
Case of Rev. J. P. B. Wilmer.1280
Case of the Messrs. Day, Colemans, De Bell, Carper and others, concerned in the murder of Union soldiers.1283
Case of George W. Jones.1295
Case of F. M. Ellis.1303
Case of Michael Thompson and Lewis L. McArthur.1307
Case of the Crew of the Royal Yacht.1313
Cases of Mrs. C. V. Baxley and Septimus Brown.1315
Case of William M. Hill.1321
Case of Messrs. Hunter and Hull.1340
Case of Arthur Brown.1345
Case of Mrs. Augusta Morris.1346
Case of Mansfield T. Walworth.1351
Case of W. W. Hedrick.1352
Case of William T. Smithson.1354
Cases of Messrs. Ogden, Perkins, Brady and Child.1357
Miscellaneous Confederate Correspondence Relating to Political Arrests During the First Year of the War.1360
Memoranda of Various Political Arrests-From Reports of Confederate Commissioners.1427
Case of William Henry Hurlbert.*1490
Case of Dr. Stephen Hagadorn.1501
Case of Doctor Hilleary.1506
Case of Chaplain John P. Mines.1508
Case of Arnold Harris.1515
Case of Robert Wood.1525
Case of A. F. Wulff.1526
Case of S. A. Pancoast.1530
Case of John Minor Botts.1545
Case of Isaiah Respass, Mayor of Washington, N. C.1547
Case of Asa Hodges.1550
{p.1206}

–––

CONFEDERATE REPORTS, CORRESPONDENCE, ETC.

Resolution adopted by the Confederate Congress, February 13, 1861.

Resolved by the Congress of the Confederate States of America, That a commission consisting of three persons be appointed by the President as soon as practicable after his arrival to proceed without delay to Great Britain, France and other European powers, and to act under such instructions as may be given from time to time by him.

{p.1207}

–––

An Act of the Confederate Congress, approved February 27, 1861.

The Congress of the Confederate States of America do enact:

SECTION 1. That the commissioners authorized and directed to be sent to Great Britain, France and the European powers shall each of them receive a compensation at the rate of $1,000 per month, to commence from the time of their departure on their mission and to terminate on their return to this Government.

SEC. 2. Be it further enacted, That a secretary shall accompany said commissioners who shall receive under like condition a compensation at the rate of $300 per month.

–––

EXECUTIVE DEPARTMENT, August 28, 1861.

Hon. HOWELL COBB, President of the Congress.

SIR: I hereby nominate for the advice and consent of the Congress the Hon. James M. Mason, of Virginia, to be commissioner to England, and the Hon. John Slidell, of Louisiana, to be commissioner to France.

JEFFERSON DAVIS.

–––

OFFICE OF THE SECRETARY OF THE CONGRESS, August 29, 1861.

His Excellency JEFFERSON DAVIS.

SIR: I have the honor to inform you officially that on the 29th day of August instant (1861) the Congress did advise and consent to the nomination of James M. Mason, of Virginia, to be commissioner to England, and John Slidell, of Louisiana, to be commissioner to France.

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

J. J. HOOPER, Secretary of the Congress.

–––

RICHMOND, August 29, 1861.

Hon. JOHN SLIDELL, New Orleans, La.:

You have been nominated and confirmed this day commissioner to France; Mr. Mason confirmed for England. The commissions are separate and distinct. When may we expect you? Telegraph me.

WM. M. BROWNE.

–––

DEPARTMENT OF STATE, Richmond, September 23, 1861.

Hon. JAMES M. MASON, &c.

SIR: The President desires that you should proceed to London with as little delay as possible and place yourself as soon as you may be able to do so in communication with the Government. The events which have occurred since our commissioners had their first interview with Lord John Russell have placed our claims to recognition in a much Stronger point of view; but in presenting the case once more to the British Government you ought again to explain the true position in which we appear before the world.

We are not to be viewed as revolted provinces or rebellious subjects seeking to overthrow the lawful authority of a common Sovereign. Neither are we warring for rights of a doubtful character or such as are to be ascertained only by implication. On the contrary the Union from {p.1208} which we have withdrawn was founded upon the express stipulations of a written instrument which established a government whose powers were to be exercised for certain declared purposes and restricted within well defined limits. When a sectional and dominant majority persistently violated the covenants and conditions of that compact those States whose safety and well-being depended upon the performance of these covenants were justly absolved from all moral obligation to remain in such a Union. And when the Government of that Union instead of affording protection to their social system itself threatened not merely to disturb the peace and security of its people but also to destroy their social system the States thus menaced owed it to themselves and their posterity-to withdraw immediately from a Union whose very bonds prevented them from defending themselves against such dangers.

Such were the causes which led the Confederate States to form a new Union to be composed of more homogeneous materials and interests. Experience has demonstrated to them that a Union of two different and hostile social systems under a Government in which one of them wielded nearly all the power was not only ill assorted but dangerous in the extreme to the weaker section whose scheme of society was thus unprotected.

Prompted by these teachings eleven sovereign States bound together by the tie of a common social system and by the sympathies of identical interests have instituted a new Confederacy and a new Government which they justly hope will be more harmonizing in its operations and more permanent in its existence. In forming this Government they seek to preserve their old institutions and to pursue through their new organic law the very ends and purposes for which as they believe the first was formed. It was because a revolution was sought to be made in the spirit and ends of the organic law of their first union by a dominant and sectional majority, operating through the machinery of a Government which was in their hands and placed there for different purposes, that the Confederate States withdrew themselves from the jurisdiction of such a Government and established another for themselves.

Their example therefore furnishes no precedent for the overthrow of the lawful authority of a regular Government by revolutionary violence; nor does it encourage a resort to factious tumult and civil war by irresponsible bodies of men. On the contrary their union has been formed through the regular action of the sovereign States composing the Confederacy, and it has established a Government competent to the discharge of all its civil functions and entirely responsible both in war and peace for all its actions.

Nor has that Government shown itself unmindful of the obligation which its people incurred whilst their States were members of the former Union. On the contrary one of their first acts was to send commissioners to the Government at Washington to adjust amicably all subjects of difference and to provide for a peaceable separation and a fair satisfaction of the mutual claims of the two Confederacies. These commissioners were not received and all offers of a peaceful accommodation were contemptuously rejected. The authority of our Government itself was denied, its people denounced as rebels and a war was waged against them which if carried on in the spirit it was proclaimed must be the most sanguinary and barbarous which has been known for centuries among civilized people.

The Confederate States have thus been forced to take up arms in defense of their right to self-government, and in the name of that {p.1209} sacred right they have appealed to the nations of the earth not for material aid or alliances offensive and defensive but for the moral weight which they would derive front holding a recognized place as a free and independent people. In asking for this they feel that they will not receive more than they will give in return and they offer as they think a full equivalent for any favor that may thus be granted them. Diplomatic relations are established mainly to protect human intercourse and to adjust peaceably the differences which spring from such intercourse or arise out of the conflicting interests of society. The advantages of such an intercourse are mutual and in general as between nations any one of them receives as much as it gives to say nothing of the well being of human society which is promoted by placing its relations under the protection and restraints of public law.

It would seem then that a new Confederacy asking to establish diplomatic relations with the world ought not to be required to do more than to present itself through a Government competent to discharge its civil functions and strong enough to be responsible for its actions to the other nations of the earth. After this is shown, the great interests of peace and the general good of society would seem to require that a speedy recognition should follow. It cannot be difficult to show in our case a strict compliance with these the just conditions of our recognition as an independent people. If we were pleading for favors we might ask and find more than one precedent in British history for granting the request that we be recognized for the sake of that sacred right of self-government for which we are this day in arms, and which we have been taught to prize by the teachings, the traditions and the example of the race from which we have sprung. But we do not place ourselves before the bar of nations to ask for favors; we seek for what we believe to be justice not only to ourselves, but justice to the great interests of peace and humanity. If the recognition of our independence must finally come, and if it be only a work of time, it seems to be the duty of each of the nations of the earth to throw the moral weight of its recognition into the scale of peace as soon as possible. For to delay will only be to prolong unnecessarily the sufferings of war.

If then our Government can be shown to be such as has been here described we shall place ourselves in the position of a people who are entitled to a recognition of their independence. The physical and moral elements of our Confederacy, its great but undeveloped capacities and its developed strength as proved-by the history of the conflict in which we are now engaged ought to satisfy the world of the responsible character of the Government of the Confederate States. The eleven States now confederated together cover 733,144 square miles of territory and embrace 9,244,000 people. This territory-large enough to become the seat of an immense power-embraces not only all the best varieties of climate and production known to the temperate zone but also the great staples of cotton, tobacco, sugar and rice. It teems with resources both moral and physical of a great empire, and nothing is wanted but time and peace for their development. To these States there will probably be added hereafter Maryland, Missouri and Kentucky whose interests and sympathies must bind them to the South. If these are added the Confederate States will embrace 850,000 square miles of territory and 12,500,000 people to say nothing of the once Common territories west of these States which will probably fall into the new Confederacy.

Is it to be supposed that such a people and with such resources can be subdued in war when subjugation is to be followed by such consequences {p.1210} as would result from their conquest? If such a supposition prevails anywhere it can find no countenance in the history of the contest in which we are now engaged. In the commencement of this struggle our enemies had in their possession the machinery of the old Government. The naval and for the most part the military establishments were in their hands. They had too most of the accumulated capital and nearly all the manufactories of arms, ordnance and of the necessities of life. They had all the means of striking us hard blows before we could be ready to return them. And yet in the face of all this we have instituted a Government and placed more than 200,000 men in the field with an adequate staff and commissariat. A still larger number of men are ready to take the field if it should become necessary, and experience has shown that the only limit to the disposition of the people to give what may be required for the war is to be found in their ability. The enemy with greatly superior numbers have been routed in pitched battles at Bethel and Manassas in Virginia, and their recent defeat at Springfield, Mo., was almost as signal as that of Manassas. The comparatively little foothold which they have had in the Confederate States is gradually being lost and after six months of war in which they employed their best resources it may truly be said they are much further from the conquest of the Southern States than they seemed to be when the struggle commenced.

The Union feeling which was supposed to exist largely in the South and which was known to us to be imaginary is now shown in the true light to all mankind. Never were any people more united than are those of the Confederate States in their purpose to maintain their independence at any cost of life and treasure; nor is there a party to be found anywhere in these States which professes a desire for a reunion with the United States. Nothing could prove this unanimity of feeling more strongly than the fact that this immense army may be said to have taken the field spontaneously and faster almost than the Government could provide for its organization and equipment. But the voluntary contributions of the people supplied all deficiencies until the Government could come to their assistance as it has done with the necessary military establishments. And what is perhaps equally remarkable it may be said with truth is that there has been no judicial execution for a political offense during the whole of the war and so far as military offenses are concerned our prisons would be empty were it not for a few captured spies.

Under these circumstances it would seem that the time has arrived when it would be proper in the Government of Great Britain to recognize our independence. If it be obvious that the Confederate States cannot be conquered in this struggle then the sooner the strife be ended the better for the cause of peace and the interests of mankind. Under such circumstances to fail to throw the great moral influence of such a recognition into the scale of peace when this may be done without risk or danger may be to share in the responsibility for the longer continuance of an unnecessary war. This is a consideration which ought perhaps to have some weight with a nation which leads so largely as does that of Great Britain in the progress of Christian civilization.

That the British people have a deep political and commercial interest in the establishment of the independence of the Confederate States must be obvious to all. Their real interest in that event is only a little less than our own. The great question of cotton supply which has occupied their attention so justly and so anxiously for some years past will then be satisfactorily settled. Whilst the main source of cotton {p.1211} production was in the hands of such a power as that of the late United States and controlled by those who were disposed to use that control to acquire the supremacy in navigation, commerce and manufactures over all rivals there was just cause for anxiety on the part of nations who were largely dependent upon this source of supply for the raw material of important manufactures. But the case will be far different when peace is conquered and the independence of the Confederate States is acknowledged.

Within these States must be found for years to come the great source of cotton supply. So favorable a combination of soil, climate and labor is nowhere else to be found. Their capacity for increased production has so far kept pace with the increased demand and in time of peace it promises to do so for a long time to come. In the question of the supply of this great staple there is a world-wide interest and if the nations of the earth could choose for themselves a single depository for such an interest perhaps none could be found to act so impartially in that capacity as the Confederacy of Southern States. Their great interest is and will be for a long time to come in the production and exportation of the important staples so much sought by the rest of the world.

It would be long before they would become the rivals of those who are largely concerned in navigation, manufactures and commerce. On the contrary these interests would make them valuable customers and bind them to the policy of free trade. Their early legislation which has thrown open their navigation, foreign and coasting, to the free competition of all nations and which has imposed the lowest duties on imports consistent with their necessary revenue wants proves the natural tendency of their commercial policy. Under such circumstances cotton to Great Britain would be as abundant, as cheap and as certain as if these States were themselves her colonies. The establishment of such an empire, committed as it would be to the policy of free trade by its interests and traditions, would seem to be a matter of primary importance to the progress of human industry and the great cause of human civilization. It would be of the deepest interest to such a Government to preserve peace and to improve its opportunities for the pursuit of the useful arts. The residue of the world would find here too sources of supply of more than one of the great staples in which manufactures and commerce are most deeply interested, and these sources would probably prove to be not only constant as being little likely to be troubled by the chances of war, but also of easy access to all who might desire to resort to them.

In presenting the great importance of this question to the Government of Great Britain in its connection with their material interests you will not omit its bearing upon the future political relations between the Old and the New World. With a balance of power established between the great confederacies on the North American continent the fears of a disturbance of the peace of the world from the desire for the annexation of contiguous territory on the part of a vast and overshadowing political and military organization will be dissipated. Under the former Union the slave-holding States had an interest in the acquisition of territory suitable to their institutions in order to establish a balance of power within the Government for their own protection. This reason no longer exists as the Confederate States have sought that protection by a separation from the Union in which their rights were endangered.

It is manifest from the nature of its interests that the Southern Confederacy in entering as a new member in the family of nations would {p.1212} exercise not a disturbing but a harmonizing influence on human society, for it would not only desire peace itself but to some extent become a bond of peace amongst others.

In offering these views to the Government of Great Britain you will be able to say with truth that you present a case precisely and entirely within the principles upon which it has acted since 1821-principles so well stated by Lord John Russell in his dispatches upon the Italian question that they cannot be better defined than in his own words. In his letter to Lord Cowley on the 15th of November, 1859, after adverting to the action of Great Britain in 1821 in regard to the declarations of the congresses of Troppan and Laybach; in 1823 in regard to the congress of Verona, and in 1825, 1827 and 1830 in the cases of the South American Republics; of Greece and Belgium, he says:

Thus in these five instances the policy of Great Britain appears to have been directed by a consistent principle. She uniformly withheld her consent to acts of intervention by force to alter the internal government of other nations; she uniformly gave her countenance and if necessary her aid to consolidate the de facto governments which arose in Europe or America.

To recognize the Confederate States as an independent power would be to give her countenance to consolidate a de facto government in America which is already supported by a force strong enough to defend it against all probable assaults. To withhold that recognition would certainly encourage the armed intervention of a Government now foreign to us for the purpose of altering the internal government of the Confederate States of America. In his letter of December 3, 1859, to Lord A. Loftus in regard to the controversy between Austria and her Provinces he says:

We at least are convinced that an authority restored by force of arms constantly opposed by the national wishes would afford no solid and durable basis for the pacification and welfare of Italy.

Is not this sentiment still more applicable to the contest now being waged between the United States and the Confederate States? Again in his dispatch of November 26, 1859, to Earl Cowley he declared that-

It would beau invidious task to discuss the reasons which in the view of the people of central Italy justified their acts. It will be sufficient to say that since the peace of 1815 Her Majesty’s predecessors have recognized the separation of the Spanish colonies in South America from Spain, of Greece from the dominion of the Sultan and of Belgium from Holland. In the opinion of Her Majesty’s Government the reasons adduced in favor of these separations were not stronger than those which have been alleged at Florence, Parma, Modena and Bologna in justification of the course the people of those States have pursued.

Were the reasons alleged in the States of Florence, Parma, Modena and Bologna whose people are thus assumed to be the judges in a matter so nearly touching their happiness as their internal government at all stronger than those alleged by the people of the eleven sovereign States now confederated together for withdrawing from a Union formed by a voluntary compact upon conditions which were persistently violated and with covenants essential to their domestic repose openly threatened to be broken? But appended to this letter of instructions you will find more extended extracts* from the letters here referred to for your special reference.

There is yet another question of great practical importance to us and to the world which you will present on the first proper occasion to Her Britannic Majesty’s Government. It was declared by the five great powers at the Conference of Paris that “blockades to be binding must be effectual”-a principle long since sanctioned by leading publicists {p.1213} and now acknowledged by nearly all civilized nations. You will be furnished with abundant evidence of the fact that the blockade of the coasts of the Confederate States has not been effectual nor of such a character as to be binding according to the declarations of the Conference of Paris. Such being the case it may perhaps be fairly urged that the five great powers owe it to their own consistency and to the world to make good a declaration thus solemnly made.

Propositions of such great importance and emanating from sources so high may be fairly considered as affecting the general business relations of human society and as controlling in a great degree the calculations and arrangements of nations so far as they are concerned in the rules thus laid down. Men have a right to presume that a law thus proclaimed will be universally maintained by those who have the power to do so and who have taken it upon themselves to watch over its execution, nor will any suppose that particular States or cases would be exempted from its operation under the influence of partiality or favor. If therefore we can prove the blockade to have been ineffectual we perhaps have a right to expect that the nations assenting to this declaration of the Conference of Paris will not consider it to be binding. We are fortified in this expectation not only by their own declarations but by the nature of the interests affected by the blockade.

So far at least it has been proved that the only certain and sufficient source of cotton supply has been found in the Confederate States. It is probable that there are more people without than within the Confederate States who derive their means of living from the various uses which are made of this important staple. A war therefore which shuts up this great source of supply from the general uses of mankind is directed as much against those who transport and manufacture cotton as against those who produce the raw material. Innocent parties who are thus effected insist that a right whose exercise operates so unfavorably on them shall only be used within the strictest limits of public law. Would it not be a movement more in consonance with the spirit of the age to insist that amongst the many efficient means of waging war this one should be excepted in deference to the general interests of mankind, so many of whom depend for their means of living upon a ready and easy access to the greatest and cheapest cotton market in the world? If for the general benefit of commerce some of its great routes have been neutralized so as to be unaffected by the chances of war might not another interest of a greater and more world-wide importance claim at least so much consideration as to demand the benefit of every presumption in favor of its protection against all the chances of war save those which arise under the strictest rules of public law?

This is a question of almost as much interest to the world at large as it is to the Confederate States. No belligerent can claim the right thus to injure innocent parties by such a blockade except to the extent that it can be shown to furnish the legitimate or perhaps we might go still further and say the necessary means to prosecute the war successfully. If it has become obvious as would now seem to be the case that no blockade which they can maintain will enable the United States to subdue the Confederate States of America upon what plea can its further continuance be justified to third parties who are so deeply interested in a ready and easy access to the cheapest and most abundant sources of cotton supply? Perhaps we had the right to expect inasmuch as by the proclamation of Her Britannic Majesty neutrality had been declared as between the belligerents that one of the parties would not have been allowed to close the ports of the other by a mere proclamation of blockade without an adequate force to sustain it.

{p.1214}

In presenting the various views contained in this letter of instructions you will say that they are offered as much in the general interests of mankind as in our own. We do not ask for assistance to enable us to maintain our independence against any power which has yet assailed us. The President of the Confederate States believes that he cannot be mistaken in supposing it to be the duty of the nations of the earth by a prompt recognition to throw the weight of their moral influence against the unnecessary prolongation of the war.

Whether the case now presented be one for such action he is perhaps not the most impartial judge. He has discharged his duty to other nations when he has presented to their knowledge the facts to which their only sure access is through himself in such a manner as will enable them to acquit themselves of their responsibilities to the world according to their own sense of right. But whilst he neither feels nor affects an indifference to the decision of the world upon these questions which deeply concern the interests of the Confederate States he does not present their claim to a recognized place amongst the nations of the earth from a belief that any such recognition is necessary to enable then to achieve and secure their independence. Such an act might diminish the sufferings and shorten the duration of an unnecessary war but with or without it he believes that the Confederate States under the guidance of a kind and overruling Providence will make good their title to freedom and independence and to a recognized place amongst the nations of the earth.

When you are officially recognized by the British Government and diplomatic relations between the two countries are thus fully established you will request an audience of Her Majesty for the purpose of presenting your letters accrediting you as envoy extraordinary and minister plenipotentiary of the Confederate States near Her Majesty, and in that capacity you are empowered to negotiate such treaties as the mutual interests of both countries may require, subject of course to the approval of the President and the co-ordinate branch of the treaty-making power.

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

R. M. T. HUNTER Secretary of State, Confederate States of America.

* Not found.

–––

DEPARTMENT OF STATE, Richmond, September 23, 1861.

Hon. JOHN SLIDELL, &c.

SIR: Along with this you will receive your letter of credence to the Government of France to which the President desires you to present yourself as soon as possible. Our claims for recognition as an independent people have been made much stronger by events which have occurred since they were first presented by our commissioners.

But before re-enforcing those claims you will not fail to place the Confederate States in their true position before the Government of France. You will show that they are not to be considered as revolted provinces or rebellious subjects seeking to overthrown by revolutionary violence the just authority of a lawful sovereign, but on the contrary they stand before the world as organized parties maintaining their right to self government with sufficient strength to make good their claim and so organized as to be morally and politically responsible for their actions. Theft-first Union was formed by a compact between sovereign and independent States upon covenants and conditions {p.1215} expressly stipulated in a written instrument called the Constitution. In that union the States constituted the units or integers, and were bound to it only because the people of each of them acceded to it in their separate capacities through the acts of their representatives.

That confederacy was designed to unite under one Government two great and diverse social systems under one or the other of which all the States might be classified. As these two social systems were unequally represented in the common Government it was sought to protect one against a warfare which might be waged by the other through the forms of law by carefully defined restrictions and limitations upon the power of the majority in the common Government. Without such restrictions and limitations it is known historically that the union could not have been formed originally. But the dominant majority which at last proved to be sectional in its character not only used the machinery of a Government which they wielded to plunder the minority through unequal legislation in the shape of protective tariffs and appropriations made for their own benefit, but proceeding from step to step they waged through the forms of law a war upon the social system of the slave-holding States and threatened when fully armed with political power to use the Government itself to disturb the domestic peace of those States.

Finding that the covenants and conditions upon which the Union was formed were not only persistently violated but that the common Government itself then entirely in the hands of a sectional majority was to be used for the purposes of warring upon the domestic institutions which it was bound by express stipulations to protect, eleven of the slave-holding States felt it to be due to themselves to withdraw from a union when the conditions upon which it was formed either had been or were certainly about to be violated They were thus compelled to withdraw from a Government which not only abdicated its duty to protect the domestic institutions of fifteen States, but on the one hand threatened those institutions with war and on the other withheld from the people interested in them the means of self-defense. The eleven Confederate States were thus forced in self-defense to abandon a Union whose ends were thus perverted, not from any passion of novelty or from any change of purpose, but to attain under a new Confederacy of more homogeneous materials and interests the very ends and objects for which the first was formed. It was amongst the first of these objects to obtain a Government whose authority should rest upon the assent of the governed and whose action should represent also their will.

It was for the sacred right of self-government that they had been forced to take up arms and not to escape the just obligations incurred under the compact upon which the first Union was formed. On the contrary one of the first acts of the Government of the Confederate States was to send commissioners to the President of the United States to adjust amicably and fairly all questions of property and responsibility which had been jointly acquired or incurred by all the States when embraced in the same Union. The Government of the United States refused to receive these commissioners, the authority of their Government was denied, their people were denounced as rebels and threatened with coercion at the point of the sword.

On the part of the Confederate States the war in its inception was one of self defense, and it has been waged since by them with no other end than to maintain their right to self-government. It is in the name {p.1216} of the sacred right of self-government that the Confederate States appear before the tribunal of the nations of the earth and submit their claims for a recognized place amongst them. They approach his Imperial Majesty of France with the more confidence as he has lately championed this great cause in the recent Italian question so much to the glory of himself and the great people over whom he rules. In asking for this recognition the Government of the Confederate States believes that it seeks for no more than it offers in return.

The establishment of diplomatic relations between nations tends to the protection of human intercourse by affording the means of a peaceful solution of all difficulties which may arise in its progress, and by facilitating a mutual interchange of good offices for the purpose of maintaining and extending it. In this all nations have an interest, and the advantages of such an intercourse are mutual and reciprocal. The only preliminary conditions to the recognition of a nation seeking an acknowledged place in the world would seem to be the existence of a sufficient strength within the Government to support and maintain it, and such a social and political organization as will secure its responsibility for its international obligations. It will be easy to show that the Government of the Confederate States of America is fully able to meet the requisitions of these tests.

When we look to the undeveloped capacities as well as to the developed strength of the Confederate States we cannot doubt that they are destined to become the seat of a great empire at no distant day. The eleven Confederate States already comprise 733,144 square miles of territory, with a population of 9,244,000 people. If to this we add the three States of Maryland, Missouri and Kentucky, all of which will probably find themselves constrained as well by interest as by inclination to unite their fortunes with the Confederate States, then these will embrace a territory of 850,000 square miles with a population of 12,500,000 people. This estimate excludes a large territory not yet organized into States and which in the end will probably fall into the Southern Confederacy.

The territory of the Confederate States as they now stand embraces all the best varieties of climate and production known to the temperate zone. In addition to this it produces the great staples of cotton, sugar, tobacco and rice, to say nothing of naval stores which are now exported from it and of provisions which it is capable of producing in excess of the wants of its people. This vast region already enjoys through its rivers a great system of water communication and 8,844 miles of railroad running for the most part transversely to these rivers diversify and multiply the channels of commerce to such an extent as to promise a speedy development of the vast resources of the new empire. If peace were now established it is not extravagant to suppose that the exports of the Confederate States would within a year reach the value of $250,000,000. With a crop of 4,500,000 or perhaps even 5,000,000 bales of cotton, most of which would be exported, together with its tobacco, sugar, rice and naval stores, it would easily send abroad the value just named.

But without reference to its undeveloped capacities you may show that they have exhibited strength enough to maintain their independence against any power which has as yet assailed them. The United States commenced this struggle with vast odds in their favor. The military and naval establishments were in their hands; they were also in possession of the prestige and machinery of an old and established government, Many of the forts and strongholds of the Confederate {p.1217} States were in their hands; they have most of the accumulated wealth of the country and nearly all the manufactories of the munitions of war, and even of the necessaries of life. Add to all these advantages the greater population of that Union, and it is easy to see that the self-supporting power of the new Confederacy has been exposed to the severest tests and rudest trials.

And yet the Confederate armies have conquered in every pitched battle, and that with great odds against them. At Bethel and Manassas, in Virginia, and at Springfield, in Missouri, the U. S. troops have been routed at great loss and without dispute. The foothold which the U. S. troops at first acquired within the Confederate States is being rapidly lost, and the United States Government has given manifest evidence of its fears that its seat of Government may be wrested from it. This exhibition of strength on the part of the Confederate States which was so unexpected by its enemies proves that its morale is greater even than its physical resources for the purposes of this struggle.

Without an army and with a new Government whose necessary establishments were all to be formed in the midst of a civil war the Confederate States not only manifested their military superiority in the first pitched battles, but have already placed more than 200,000 men in the field who are armed, equipped and regularly supplied by the necessary establishments. These sprang into existence almost by the spontaneous efforts of the people, and came into the field faster even than the Government could prepare for them. But voluntary contributions and aid supplied all deficiencies until the necessary military establishments were formed. It would seem then that the new Confederacy has given all the evidence in proof of its power to maintain its independence which could reasonably be asked. That its organization is such as to insure its responsibility for the discharge of international duties will also appear upon an impartial examination of the question.

The action of the Confederate States in their separation from the old Union presents within itself the evidence of their persistency of purpose, and affords a guaranty for the stability of their institutions so far as these may be dependent upon their own will. They have preserved the same form of Government which their forefathers established, with the exception of such changes alone as would make its machinery more suitable for the ends and purposes for which it was created. It was not to change but to preserve the ends and purposes for which the original Constitution was adopted that they separated from a Union which had ceased to respect them. They have neither changed their form of government nor the objects for which it was framed; they have only changed the parties to the Confederacy to secure a faithful execution of the compact upon which alone they were willing to unite. The former Union had failed to accomplish its original ends for the want of a homogeneous character in the parties to it; and having left it for that Cause there can be no reason to expect its reconstruction with the same discordant elements whose jarring had destroyed it before.

The whole course then of the Confederate States argues a consistency of purpose and promises a stability for the government which they have formed which together with the resources already exhibited by them give a reasonable assurance of their entire responsibility for the discharge of all their duties and obligations, domestic and international. A people who present themselves under such circumstances for a recognized place amongst nations would seem to be entitled to the grant of such a request. They do not seek for material aid or {p.1218} assistance or for alliances, defensive and offensive. They ask nothing which can endanger the peace or prosperity of those who may grant it. They desire only to be placed in a position in which their intercourse with the rest of the world may be conducted with the sanction of public law and under the protection of agents whose authority is recognized by nations. They seek the moral influence which the act of recognition may give them and nothing more. If it be manifest that the war of conquest now waged against them cannot succeed then the act of recognition is a mere question of time. If the fact be as stated the tendency of the act of recognition would be to prevent the further continuance of an unnecessary war and the useless effusion of blood. It may well be doubted if under such circumstances the nation which thus refuses to throw the moral weight of its influence in the scale of peace does not share in some of the responsibilities for the continuance of an unnecessary war which it might have done something to conclude without risk or injury to itself.

Indeed it may be said without exaggeration that France has a deep material and political interest in the establishment of the independence of the Confederate States. It is the event of all others which would give the most satisfactory solution to the great question of cotton supply for the manufacturing nations of Europe. That the great source of the production of this raw material which enters so largely into the manufacturing industry of Europe has been found in the Confederate States of America is an undoubted fact. That this will continue to be the case for a long time to come is in every way probable, for no other country presents the same combination of soil, climate and trained labor which is all essential to the successful production of cotton.

If our country is to be the great source for the supply of this article so indispensable to the manufacturing industry of the world the nations of the earth have the deepest interest in placing it in a position of independence and impartiality in regard to the distribution of the raw material for which the demand is so immense. If any one country is to have a virtual monopoly of the supply of raw cotton then the world would have the deepest interest in opening it to the easy and equal access of all mankind. Such would be the case if the depository of this great interest should be found in a country on the one hand strong enough to maintain its neutrality and independence and on the other committed by its interests to the policy of free trade and an untrammeled intercourse with all the world.

Such would be the precise position of the Confederate States when once their independence was achieved, and as a proof that this would be the natural tendency of their policy we have only to look to their early legislation which reduced the duties on imports to the lowest rate consistent with their necessities for revenue and opened their coasting trade to the free and equal competition of all mankind. Nor is cotton the only great staple of which the Confederate States are likely to become not the sole but one of the chief depositories upon terms of equality to all the world. Tobacco, sugar, rice and naval stores are to be added to the catalogue of their rich and important products. Nature has thus made it to their interest to buy where they can purchase cheapest and to sell in as many markets as possible. To do this, as they will deal more in raw produce than in manufactures, they will seek to take in return the commodities of the rest of the world on the payment of the lowest duties consistent with their revenue wants. They will then virtually stand as the customers and not as the rivals of the commercial and manufacturing nations of Europe.

{p.1219}

But there is another point of view in which the independence of the Confederate States would more peculiarly interest France. The immense development of her navy in a few years past has shown not only that her capacity of asserting her equality on the seas has not been properly appreciated heretofore, but also that this relative capacity has been increased by the use of steam. In thins view the further development of her commercial marine and an easy access to a cheap and certain supply of coal, iron and naval stores have become matters of primary importance to her. The commerce of the Confederate States when disembarrassed of the enormous protective tariffs to which it was subjected under the former Union, together with the almost inexhaustible supply of cheap coal, iron and naval stores which it could furnish, present the means of a further and vast development of the commercial and naval marine of France.

She could then find as cheap ships or as cheap raw material for the building of ships as could be commanded by any European nation. Depots of coal for her steam marine in these States could be made at less cost and be of more convenient access for use on a large portion of the Atlantic and Pacific oceans than if they had been found originally in mines in France. That these are no new considerations for the French Government is shown by the interest which it exhibited in the negotiations by which a French company would have secured the great water line in Virginia through which when completed the richest and most inexhaustible supplies of bituminous coal perhaps to be found in the world would have been transported from its native depositories in the West to the shores of the Chesapeake in the East. Nothing but the occurrence of civil war prevented the completion of this arrangement between this French company and the Virginia Legislature by which France would have secured a certain and almost inexhaustible supply of cheap coal, iron and timber.

All this is fully stated in regard to the resources of Virginia in a letter of Alfred Paul, French consul at Richmond, to M. Thouvenel, minister of foreign affairs, France, dated June 5, 1860, and as it may be well to recall the attention of the Government to it a copy will be sent you. In the enumeration of the resources of Virginia which would be thus open to France he says: “In coal and iron Virginia excels all the other States of the Union. The fact is recognized, admitted.”

He thus specifies the advantages which France would derive from the proposed connection which was about to be formed with Virginia:

First. Facilities for obtaining the raw materials in France at first hand and cheaper, which would enable French industry to encounter foreign competition with superior advantages. Second. A considerable diminution in the expenses of the purchase and expedition of tobacco for the government factories. Third. The arrival, the introduction of our produce by a shorter and cheaper route into the South, the West and the center of the United States. Fourth. A relative augmentation in the movement of our commercial marine. Fifth. Rapid and advantageous provisions of copper, machine oil, tar, bacon and salt pork of the West, and building timber for our naval arsenals. Sixth. Cheapness of coal for our different maritime stations. Seventh. An immense opening in the great West of the United States for French merchandise. Eighth. The probability of seeing Norfolk become an entrepót for the productions of French industry and commerce to be distributed in part in Central and South America by vessels taking them to complete their cargoes.

The establishment of the independence of the Confederate States would secure to France large supplies of coal, iron and naval stores in exchange for her manufactures and other products beyond almost all the probable chances of war. Committed as these Confederate States would be to the policy of free trade by their interests and traditions {p.1220} they would naturally avoid war and seek for peace with all the world. It may almost be said that to secure the independence of these States is to secure the independence of the great commercial and manufacturing nations of Europe in regard to the supplies of cotton and tobacco and to give France such an independent source for the supply of cheap coal, iron and naval stores as to place her more nearly on terms of equality with Great Britain in building up a navy and merchant marine.

The European nations might then be said to be independent so far as their supplies are concerned because they would be dependent only on a country whose interests would open its markets to the cheapest and easy access of all the world, and which would have every inducement to preserve the peace. But the independence of these States is essential to the certainty of supply and the ease of access to their markets, which are so important to the manufacturing and commercial nations of the earth. If it were possible for the United States to subdue the Confederates and subject then once more to their Government then France would have much cause for apprehension in regard to the future condition of her commerce and manufactures. The non-slaveholding States would undoubtedly use their control over the markets and staples of the South to secure a supremacy in commerce, navigation and manufactures.

There are also political considerations connected with this question which cannot be uninteresting to the Government of France. By the establishment of a great Southern Confederacy a balance of power is secured in North America, and schemes of conquest or annexation on the part of a great and overshadowing empire would probably no longer disturb the repose of neighboring nations.

Heretofore the South has desired the annexation of territory suitable to the growth of her domestic institutions in order to establish a balance of power within the Government that they might protect their interests and internal peace through its agency. This reason no longer exists, as the Confederate States have sought that protection by a separation from the union in which their rights were endangered. But with the establishment of something like a balance of power between the two great and independent confederacies the disputes would precede the annexations and probably do much to prevent them.

Certain it is that the Southern Confederacy would have every reason to preserve peace both at home and abroad, and would be prevented both by its principles and interests from intervention in the domestic affairs and government of other nations. The power of that Confederacy would undoubtedly be felt not as a disturbing but as a harmonizing influence amongst the nations of the earth.

There is yet another question of great practical importance to us and to the world which you will present on the first proper occasion to His Imperial Majesty’s Government. It was declared by the five great powers at the Conference of Paris that “blockades to be binding must be effectual,” a principle long since sanctioned by leading publicists and now acknowledged by nearly all civilized nations.

You will be furnished with abundant evidence of the fact that the blockade of the coasts of the Confederate States has not been effectual or of such a character as to be binding, according to the declaration of the Conference at Paris. Such being the case it may perhaps be fairly urged that the five great powers owe it to their own consistency and to the world to make good a declaration thus solemnly made. Propositions of such gravity and emanating from sources so high may {p.1221} fairly be considered as affecting the general business relations of human society, and as controlling in a great degree the calculations and arrangements of nations so far as they are concerned in the rules thus laid down. Men have a right to presume that a law thus proclaimed will be uniformly enforced by those who have the power to do so, and who have taken it upon themselves to watch over its execution; nor will any suppose that particular States or cases would be exempted from its operation under the influence of partiality or favor.

If therefore we can prove the blockade to have been ineffectual we perhaps have a right to expect that the nations assenting to this declaration of the Conference at Paris will not consider it to be binding. We are fortified in this expectation, not only by their own declaration, but by the nature of the interests affected by the blockade. So far at least it has been proved that the only certain and sufficient source of cotton supply has been found in the Confederate States. It is probable that there are more people without than within the Confederate States who derive their means of living from the various uses which are made of this important staple. A war therefore which shuts up this great source of supply from the general uses of mankind is directed as much against those who transport and manufacture cotton as against those who produce the raw material. Innocent parties who are thus affected may well insist that a right whose exercise operates so unfavorably on them shall only be used within the strictest limits of public law. Would it not be a movement more in consonance with the spirit of the age to insist that amongst the many efficient means of waging war this one should be excepted in deference to the general interests of mankind, so many of whom depend for their means of living upon a ready and easy access to the greatest and cheapest cotton market of the world? If for the general benefit of commerce some of its great routes have been neutralized so as to be unaffected by the chances of war might not another interest of a greater and more worldwide importance claim at least so much consideration as to demand the benefit of every presumption in favor of its protection against all the chances of war, save those which arise under the strictest rules of public law?

This is a question of almost as much interest to the world at large as it is to the Confederate States. No belligerent can claim the right thins to injure innocent parties by such a blockade except to the extent that it can be shown to furnish the legitimate, or perhaps we might go still further and say the necessary, means to prosecute the war successfully. If it has become obvious as would now seem to be the case that no blockade which they can maintain will enable the United States to subdue the Confederate States of America upon what plea can its further continuance be justified to third parties who are so deeply interested in a ready and easy access to the cheapest and most abundant sources of cotton supply?

In representing the various views contained in this letter of instructions you will say that they are offered as much in the general interests of humanity as in our own. We do not ask for assistance to enable us to maintain our independence against any power which has yet assailed us. The President of the Confederate States believes that he cannot be mistaken in supposing it to be the duty of the nations of the earth by a prompt recognition to throw the weight of their moral influence against the unnecessary prolongation of the war.

Whether the case now presented be one for such action he is perhaps not the most impartial judge. He has acquitted himself of {p.1222} his duty to other nations when he has presented to their knowledge the facts to which their only sure access is through himself in such a manner as will enable them to acquit themselves of their responsibilities to the world according to their own sense of right. But whilst he neither feels nor affects an indifference to the decision of the world upon these questions which deeply concern the interests of the Confederate States he does not present their claims to a recognized place amongst the nations of the earth from the belief that any such recognition is necessary to enable them to achieve and secure their independence.

Such an act might diminish the sufferings and shorten the duration of an unnecessary war, but with or without it he believes that the Confederate States under the guidance of a kind and overruling Providence will make good their title to freedom and independence and to a recognized place amongst the nations of the earth.

When you are officially recognized by the French Government and diplomatic relations between the two countries are thus fully established you will request an audience of His Imperial Majesty for the purpose of presenting your letters accrediting you as envoy extraordinary and minister plenipotentiary of the Confederate States near His Imperial Majesty, and in that capacity you are empowered to negotiate such treaties as the mutual interests of both countries may require, subject of course to the approval of the President and the co-ordinate branch of the treaty-making power.

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

R M. T. HUNTER.

–––

CHARLESTON, S. C., October 1, 1861.

R. M. T. HUNTER, Secretary of State:

All right so far, but impossible to move on account of weather. I will telegraph immediately when the time comes.

W. H. T[RESCOT].

–––

CHARLESTON, October 3, 1861.

Hon. B. M. T. HUNTER, Secretary of State:

Three steamers and a sloop-of war now blockading the harbor. Two of the steamers, frigates, arrived in the last twenty-four hours. It is thought thus an even chance of success. We shall accordingly take the route through Texas to Matamoras, Mexico, unless otherwise directed. Reply at once and if the change of route is acceded to request the Secretary of War to direct officers of the army on the route to give all facilities of transportation. Write to New Orleans.

JOHN SLIDELL. J. M. MASON.

–––

CHARLESTON, October 4, 1861-10.50 p.m.

Hon. R, M. T. HUNTER, Secretary of State:

Your telegraph * received. We cannot get out safely by the Nashville. Route to Mexico believed impracticable from delay. Steamer Gordon now chartered by Government at $200 a day for harbor services; light draft; strengthened for carrying cannon and been in use as a privateer; a good sea boat; tonnage upward of {p.1223} 500 tons. Can go at any time and by any route to Nassau or Havana. Offered at $62,000, or chartered to either port at $10,000 for the trip. Owners to pay all expenses; Government to pay value if captured. Will be very useful for coast defense. We will go at once in her if authorized and think the charter price may be reduced one-half.

One or more naval officers to go in her as may be ordered.

JOHN SLIDELL. J. M. MASON.

* Not found.

–––

CHARLESTON, October 5, 1861.

Hon. R. M. T. HUNTER, Secretary of State.

DEAR SIR: It seems due to ourselves and to the occasion that you should be informed fully of the causes of delay, with the difficulties attending our expected departure from this port. The confidence of success expressed by those in charge of the subject when we left Richmond seems to have been based on the state of facts then and perhaps for sometime previously existing in regard to the blockade. There had been it appears but two ships off the harbor, generally a steam frigate and sloop-of-war, and the expectation was that going out at night through the main channel we might elude observation, or if disappointed in that could escape through the speed of our ship.

For a day or two after our arrival the tide did not serve for departure at night; then there came strong winds at night which although they drove the squadron out to sea by reason of the surf created on the bar prevented our passing over it. Before this obstacle ceased the squadron reappeared with the addition of another steamer-a clipper-built propeller-and from her trim and appearance apparently a fast ship. It was then projected to make the attempt through the Maffitt Channel though without the full sanction of the pilots, and this I believe we should have attempted but for the appearance at that time of another steam frigate, thus making the squadron to consist of three steamers besides the sloop-of-war. Such sudden and unusual accessions to the blockade of the port made us infer (as a high probability at least) that our presence here and purpose had reached the enemy and was the cause of the unusual preparation we witnessed. Mr. Slidell had determined to send his family back, and after full consideration of the whole case we could see no alternative but to take the route through Mexico, and so advised you by telegraph accordingly.

Whilst awaiting your reply the plan was suggested which was the subject of our telegram last night. There is a steamer belonging to this port and owned here called the Gordon now and for some time past under charter to the Government for harbor service at (as we are told) $200 per day. She is something more than 500 tons burden and was used as a coasting packet, crossing occasionally to Havana. After the war [began] she was strengthened and refitted to be used as a privateer and was so used for a short time, having now on board three rifled cannon. Her speed [is] equal to fifteen knots per hour and may be increased to sixteen, and of so light a draft of water that she can pass the bar at any time and is not confined to the channel ways.

This account of the steamer we get from gentlemen here long acquainted with her and only interested to serve our cause. She is used every night to reconnoiter the enemy, going safely out to sea where they lie and keeping only out of reach of their guns. In the last two days she has done the same thing in the daytime, having on board Captains {p.1224} Ingraham and Pegram with other officers of the Nashville, and accompanied yesterday by Mr. Slidell with two of the young ladies of Iris family. They approached then within less than three miles of the squadron and were not molested, the steamers remaining at anchor. The squadron has become so familiar with the nightly and occasionally daily proximity of this boat of whose speed they are fully aware that her presence does not disturb them had they cared to give her chase.

The naval officers here do not doubt that this steamer can run the blockade successfully day or night and if pursued cannot be overtaken. She can take a supply of coal for six or seven days without impairing her speed and make the in successfully to Nassau or Havana as may be decided on. Communicating with her owners, she is offered for sale at $62,000, the alleged cost to them, or for charter at $10,000 for the trip to either of the ports named, the owners to bear all the expenses of the trip, reserving the privilege of bringing back some $7,000 worth of cigars and other light articles. Mr. Trenholm, known at the State Department as arm enlightened and patriotic merchant here, and to whom we are munch indebted for his valuable counsels and aid, says that this charter money may be reduced probably one-half upon this privilege of return cargo and to effect which (should the Government determine to charter) he will lend his aid and co-operation.

I should add that in conversation yesterday in presence of Captains Ingraham and Pegram they agreed that the steamer Gordon if purchased would be a very valuable acquisition for coast defense. The present armament is of good caliber-one a large pivot gun, apparently a 32-pounder, though unfortunately I did not make minute inquiry when on board. She is also amply furnished with small-arms as a privateer.

I have thought this explanation due that you may have the facts, and we be relieved of any apparent vacillation of purpose. It remains only to add that come what may if sanctioned by the Government we will embark at once in the Gordon and doubt not can make the voyage successfully; otherwise no alternative would seem to remain but the route through Mexico with its attendant difficulties and delays.

Very respectfully and truly, yours,

J. M. MASON.

P S.-I have read the foregoing to Mr. Slidell, who concurs in its statements,

J. M. M.

I omitted to state that on yesterday morning five ships were present off the harbor, the fifth being a steamer.

–––

CHARLESTON, October 9, 1861.

Hon. P. M. T. HUNTER, Secretary of State.

DEAR SIR: By telegram yesterday* I informed you that pursuant to the authority* given us by the State Department we have chartered the steamer Gordon for our transportation either to Nassau or Havana.

The terms of the charter-party are for the consideration of $10,000 the ship is to go to either of those ports or to both, at our option, with a clause reserving the right to extend the voyage to any other of the West India Islands at the price of $500 per day for the extra service. We do not expect to have occasion for this latter service, but thought it {p.1225} best to provide for it in the possible contingency of its becoming necessary to go to Saint Thomas or other island to meet the British steamer. It is thought here by those well informed that the Gordon is not sufficiently a sea boat for the more distant island of Bermuda.

Mr. Trenholm, of the firm of Frazer & Co., agrees to pay $5,000 of the charter money for the benefit of the return cargo space not reserved by the owners; thus should we not extend the voyage beyond Havana (which is not anticipated) the cost to the Government will be but $5,000. All expenses of every kind are to be borne by the owners.

Since the arrangement was made they have been busily engaged in putting her in complete order for sea and we fully expect to get off to-morrow night. Her light draft will enable her to go at any time, and by hugging close to shore will be enabled to escape the observation of the enemy’s squadron. Our plan is in such way as may be found most safe and practicable to get on board one of the British steamers of the mail line between the West Indies and England. The Gordon is too fast to be overtaken at sea. Since this change of arrangement we have seen nothing to dissatisfy us with it as the best that could be adopted.

The Nashville we understand is under orders from the Navy Department to sail immediately and will probably endeavor to get off to-night. If the enemy are found in the position they occupy by day the chances are very large that she must pass within reach of their guns. In such event her only hope of safety is that she may not be seen, or if seen may not be hit. Against the latter risk liner speed is much relied on.

You will of course be advised promptly when we are off.

Very respectfully and truly, yours,

J. M. MASON.

* Not found.

–––

CHARLESTON, October 11, 1861.

Hon. R, M. T. HUNTER, Secretary of State, Richmond.

SIR: We have the honor to send to you herewith the charter-party we have made with owners of steamer Gordon in conformity with your telegraphic instructions; also a letter* from Messrs. John Frazer & Co. of this place by which you will perceive that if the Gordon return safely the cost of the charter to the Government will be reduced to $5,000.

Very respectfully, your obedient servants,

JOHN SLIDELL. J. M. MASON.

* Not found.

–––

CHARLESTON, October 12, 1861.

Hon. R. M. T. HUNTER:

Our friends left here last night at 1 o’clock. A fast steamer, good officers and very dark night with heavy rain. The guard-boat reported that they crossed the bar about 2 o’clock and that they could neither have been seen nor heard by the fleet. A strong northwest wind helped them and the fleet this morning seems not to have changed Position at all.

As soon as we hear further I will telegraph. The steamer ought to be back in about a week and nothing said until her return. Communicate to Mrs. Mason.

WILLIAM HENRY TRESCOT.

{p.1226}

–––

CARDENAS, CUBA, October 18, 1861.

Hon. R. M. T. HUNTER, Secretary of State.

SIR: I have the pleasure to apprise you of our safe arrival on the 16th instant at this port. We left Charleston at 1 a.m. on Saturday, 12th, as I told you we should do in my letter from there of the preceding day. Fortunately a rain came on at the moment of our departure which increasing the darkness the better enabled us to elude the blockading squadron.

We passed (as the captain reported) within a mile and a half of the nearest ship, the squadron then consisting of three steamers and a sloop-of-war (a sailing vessel). We could see their lights apparently not distant, but presume we escaped observation as we could see or hear no movement of the squadron. After we had passed them some three or four miles abandoning the coast we put directly out to sea and by the outer passage made direct for Nassau.

Off that port we learned from the pilots who came on board that there was no steam or other regular communication thence to Saint Thomas, the point of departure of the British steam line. We did not land therefore or cast anchor but put off at once for the Island of Cuba. I should have added that we reached Nassau about 4 p.m. on Monday.

At sea off the harbor of Cardenas we met with a small Spanish war steamer when we raised the Confederate flag and asked to speak them. Our salutation (by dipping our flag) as the vessels approached each other was courteously returned and the Spaniard laid to. Mr. Slidell, with Mr. Eustis, went on board, and on his return reported that he was received with great kindness and civility. We had been somewhat detained in finding our way over the shoal water of the Bahama Banks, and it being doubtful whether the coal remaining would take us to Havana it was determined to put into this port, the Spanish steamer kindly volunteering to attend and show us the way. We cast anchor off the town about 2 p.m., but our papers of clearance, &c., being directed to Havana, and there being some difficulty in getting the authorities together we did not effect a landing until the next day (yesterday). The custom-house officers, however, were civil and attentive, and as soon as the local governor could be appealed to he dispensed with all formalities, and ourselves and baggage landed without further difficulty or inspection.

I regret to say, however, that we shall have no steamer hence to Saint Thomas until November 9. The steamer for Cadiz once a month departed on its voyage from Havana the day of our arrival here. We shall thus be detained at Cuba some three weeks. The island is said to be healthy. We shall go to Havana or its neighborhood in a day or two and remain thereabouts until the time for our departure. We found a few Yankee vessels in port here, and learned that some of the captains loudly expressed their dissatisfaction at our being escorted into port by a Spanish man-of-war.

The Governor with some of the principal gentlemen of the town have called on and proffered us every attention, and so far as we can gather opinions from conversation and on the streets the sympathies of the people are entirely with us. I would not omit to add that a Mr. Casanova, an acquaintance of Mr. Slidell, and who married a Virginia lady, learning at his plantation by a dispatch sent from here of our arrival came immediately to town by a ride of thirty miles on horseback and cordially and urgently invited our entire party to visit him at his plantations, both of sugar and coffee, and become his guests during our stay on the island; and as further evidence of his kindness or {p.1227} sympathy, as may be, has arranged a special train of cars to take such of the party as can go there to-morrow. Mr. Slidell and his family and I will go for a few days.

At Havana we shall endeavor to gather such information as may be useful to the Government as regards the disposition of the authorities and the people, and transmit it thence by such opportunity as may be presented.

We think that our successful departure from Charleston, leaving the Nashville still there, will best vindicate the course we adopted in recommending to the Government the charter of the smaller steamer. From our experience in the matter and knowing how closely the port was watched we have every reason to congratulate ourselves on the result. The steamer that brought us under her new name of Theodora after replenishing her coal here proceeded on her way to Havana, and I shall send this dispatch to meet her there, and I hope to be safely taken by her to you.

We sent you from Charleston the charter-party with her owners, and with it the engagement of the house of Frazer & Co. to pay $5,000 for the privilege of freighting her home from Havana, all which we hope will be acceptable to the Government. Writing you thus fully Mr. Slidell requests me to say that he has considered it unnecessary to write separately, but that he will do so from-Havana. I am gratified to add that notwithstanding the excessive heat all of our large party remain in good health. Thermometer from 96° to 98°.

With great respect, and very truly, yours,

J. M. MASON.

P. S.-Pardon the defaced condition of this sheet. It is the remaining one of the stock I brought with me.

J. M. M.

–––

U. S. SHIP SAN JACINTO, Off the Capes of Virginia, November 15, 1861.

MY VERY DEAR WIFE: The date of this will show you that we have been captured, and on the way to New York the ship will put in for coal into Hampton Roads. Captain Wilkes has been good enough to say that he would give this to the officer at Fort Monroe to take its chance of being sent to Norfolk by any flag of truce that may offer. We left Havana on the 7th instant on board a British mail steamer bound for England, and on the next day this ship fell in with us at sea and Captain Wilkes, the commander, it seems felt himself authorized to demand us from the English captain and here we are.

As to all questions arising from the circumstances attending the capture it would not become me to discuss them here as my letter will of course pass under inspection. Messrs. Eustis, Slidell, Macfarland and myself were taken. The ladies proceeded on the voyage to England. Of course there will be all sorts of speculations in the newspapers concerning our capture and its consequences but I have only to say, my dear wife, that you should not permit your mind to be affected by them, and draw no other inference from my silence concerning them except that I of necessity write under constraint. In the meantime I assure you and our dear ones at home that I was never in better health In my life and in no manner depressed, as I beg you will not be. We have been treated with every possible courtesy and respect by Captain Wilkes and his officers and are guests in the cabin.

{p.1228}

I suppose we shall get to New York on Sunday or Monday next, the l7th or 18th, and in due time presume the papers will tell what disposition is made of us. I do not know whether I can write to you, hut if allowed will do so and may have it in my power to tell you through what channel you can write. Macfarland will attend to your supplies and have no care about mine which are ample. I have one great consolation always present that while I am deprived of the power of serving and watching over you I feel entire confidence in the efficiency and excellence of our children and the kind friends around you.

Should you find the means of writing to me let me have full details of home but nothing our public affairs. I can only add, my dear wife, my prayers for your safety and those of our loved ones at home.

From yours, most affectionately, forever,

J. M. MASON.

P. S.-My love to Anna, Kate and all-all our circle and friends.

J. M. M.

–––

RICHMOND, November 17, 1861.

Governor THOMAS O. MOORE, New Orleans:

A dispatch received from General Benjamin Huger, in command at Norfolk, informs me that he has been officially advised by General J. E. Wool, now in command at Fortress Monroe, that Messrs. John Slidell, J. M. Mason, George Eustis and J. E. Macfarland were taken from on board the British ship by Commodore Charles Wilkes, of the U. S. vessel San Jacinto, and carried as prisoners to Fortress Monroe.

J. P. BENJAMIN, Acting-Secretary of War.

–––

CENTERVILLE, November 18, 1861.

President DAVIS:

It was the mail steamer Trent from which our ministers were taken on 8th of November. They declined to quit the Trent. Force was used. Captured in Bahama Channel. Washington Star, 3 p.m., November 16.

THOMAS JORDAN.

–––

RICHMOND, November 18, 1861.

Governor THOMAS O. MOORE, New Orleans:

John Slidell, J. M. Mason and their secretaries have been sent to New York. They were taken by force from the English mail steamer Trent. The ladies went on to England.

J. P BENJAMIN, Acting Secretary of War.

–––

HDQRS. DEPARTMENT OF NORFOLK, November 18, 1861.

Hon. R. M. T. HUNTER, Secretary of State.

SIR: I telegraphed last night all that the Hon. Mr. Mason wrote in reference to his capture, viz, that they left Havana in a British mail steamer on the 7th instant and next day were fallen in with by the San Jacinto whose captain felt himself authorized to take them from the English ship. I also inclose a copy of a letter from Major-General Wool upon this subject.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General. Commanding.

{p.1229}

[Inclosure.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, November 16, 1861.

GENERAL: I herewith inclose four letters from Messrs. Mason, Macfarland and Eustis but no letter from Mr. Slidell, prisoners recently captured from a British ship by Captain Wilkes, of San Jacinto. Captain Wilkes leaves to-day for New York. ...

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

–––

Extract from message of President Davis to the Confederate Congress, November 19, 1861.

To the CONGRESS OF THE CONFEDERATE STATES:

...

The distinguished gentlemen whom with your approval at the last session I commissioned to represent the Confederacy at certain foreign courts have been recently seized by the captain of a U. S. ship-of-war on board a British steamer, on their voyage from the neutral Spanish port of Havana to England. The United States have thus claimed a general jurisdiction over the high seas, and entering a British ship sailing under its country’s flag violated the rights of embassy for the most part held sacred even amongst barbarians by seizing our ministers whilst under the protection and within the dominions of a neutral nation. These gentlemen were as munch under the jurisdiction of the British Government upon that ship and beneath its flag as if they had been upon its soil; and a claim on the part of the United States to seize them in the streets of London would have been as well founded as that to apprehend then where they were taken. Had they been malefactors and citizens even of the United States they could not have been arrested on a British ship or on British soil unless under the express provisions of a treaty and according to the forms therein provided for the extradition of criminals.

...

JEFFERSON DAVIS.

–––

MONTGOMERY, ALA., November 21, 1861.

Hon. H. M. T. HUNTER.

MY DEAR SIR: I forward an article written by me on the capture of Mr. Mason and Mr. Slidell which will I hope meet your approval. It seems to me important at all events that we should let it be distinctly known the act is viewed by us as an insult to the British flag.

I am, dear sir, very truly, yours,

H. W. HILLIARD.

[Inclosure.]

Mr. EDITOR: The seizure of the commissioners of the Confederate States, Mr. Mason and Mr. Slidell, is an important event and opens an interesting question as to the bearing of the laws of nations upon the act. The facts are understood to be: That Mr. Mason, of Virginia, and Mr. Slidell, of Louisiana, took passage in a British vessel bound for England; {p.1230} the vessel was a regular mail steamer, commanded by an officer of the British navy; it was boarded on the high seas by an officer of an armed vessel of the United States; and that under his orders the gentlemen referred to and others with them were seized as prisoners and taken from the British steamer. The law of nations in order to enforce the rights of belligerents against neutrals confers on them the right of visitation and search upon the high seas; but this right which is not to be exercised in time of peace is strictly limited as a right of war. It is said by the highest authority to be “strictly and exclusively a war right.” If upon making the search the vessel be found employed in carrying troops, dispatches or any of the enemy’s property it is liable to be taken and brought before a prize court. This doctrine after full discussion has been sustained both in the courts of England and of this country. It is equally well settled that the right of search is confined to private merchant vessels and that it does not apply to public ships-of-war. Let us apply these well-settled principles to the act which we are considering. In peace the right of visit and of search are alike denied by the Government of the United States to exist for any cause whatever, even by an armed vessel in search of pirates. The British Government has insisted upon the right of visit as distinguished from the right of search, with the view of ascertaining if the vessel hoisting the American flag were really a vessel of the United States, disclaiming any right of search after verifying the character of the vessel belonging to this country; but the Government of the United States has uniformly refused to recognize the distinction and has emphatically refused to yield its ships to the exercise of the one or the other. Mr. Webster’s correspondence with Lord Ashburton in 1842 settled the question finally. Conceding them the right of the United States when engaged in war to visit and search the private merchant vessels of neutral nations for purposes sanctioned by the law of nations we must inquire how far this concession affects the act which we have undertaken to examine: the boarding a British mail steamer upon the high seas and seizing persons found there who are claimed as citizens of the United States and amenable to its laws. Are the United States engaged in war? The Government of that country has persistently refused to recognize the people of the Confederate States as belligerents. It is insisted by their public functionaries everywhere that they are engaged in suppressing a rebellion; they treat us as rebels; they deny our right to fit out privateers at the very moment when they assert that it is a right belonging to nations in a state of war; they refuse an exchange of prisoners upon any principle of public law. England certainly recognizes us as belligerent, but does this entitle the United States to exercise the rights of a nation at war when it refuses to acknowledge itself in a state of war? At most then this is by the construction of the United States but a civil war-not a public war; and where a Government refuses to conduct the conflict upon the principles of international law ought it to be tolerated in the exercise of the rights of a belligerent? The rights then of belligerents engaged in public war cannot be claimed by that Government. The right to visit and search vessels is limited to their own waters and cannot be exercised upon the high seas. What offense have Mr. Mason and Mr. Slidell committed that authorizes a vessel of the United States to seize them as public enemies upon the high seas? This right in peace exists only so far as public enemies are concerned. If these gentlemen are amenable to the laws of the United States they must be arrested within the {p.1231} limits of the country or demanded by regular course of law in accordance with treaty stipulations. The flag of a nation must not be violated upon the high seas that they may be brought back to the jurisdiction of the country. Mr. Webster lays down this doctrine clearly in his letter to Lord Ashburtou upon the subject of impressment:

Every merchant vessel on the high seas is rightfully considered as part of the territory of the country to which it belongs. The entry therefore into such a vessel being neutral by a belligerent is an act of force, and is prima facie a wrong, a trespass, which can be justified only when done for some purpose allowed to form a sufficient justification by the law of nations. But a British cruiser enters an American merchant vessel in order to take therefrom supposed British subjects, offering no justification therefor under the law of nations, but claiming the right under the law of England respecting the King’s prerogative. This cannot be defended. English soil, English territory, English jurisdiction is the appropriate sphere for the operation of English law. The ocean is the sphere of the law of nations, and any merchant vessel on the seas is by that law under the protection of the laws of her own nation, and may claim immunity unless in cases in which that law allows her to be entered or visited.

If Mr. Mason and Mr. Slidell were offenders against any law of the United States they could not be arrested on the high seas while in a British vessel, the United States not being engaged in war. There is yet another view of this question. Is a British mail steamer a private merchant vessel? This steamer is not subject to the control of merchants. It is engaged in transporting the mails of the British Government. It is commanded by a British naval officer detailed for that duty, and the vessel is to some extent armed. If it be said that it is not a ship-of-war because it is employed in the civil service of the Government, the reply is that any vessel in Her Majesty’s navy might be detailed for that service, and a ship-of-war would not forfeit its character by engaging in it. The steamer in question is certainly not a private merchant vessel, and it is well settled that only such a vessel can be visited and searched even in war. Other vessels enjoy an immunity from the exercise of any jurisdiction but that of the sovereign power to which they belong. This is everywhere conceded both in peace and in war. Here then is a vessel in the service of the British Government, commanded by a British naval officer, armed and sailing under the flag of that country, boarded on the high seas by a ship-of-war belonging to the United States, and persons under the protection of that flag are torn from it and held as prisoners. Will the British Government submit to it? Is the Government of the United States to refuse to yield the right to arm privateers at the instance of the great maritime powers of Europe, and yet to treat as pirates persons sailing with letters of marque granted by the Government of the Confederate States upon the ground that it is no government, and at the same time is that Government to be tolerated in exercising on the high seas rights strictly limited to belligerents in am actual state of war? Is that Government to treat a public vessel of the British Government as if it were a private merchant vessel? Such insolence it is to be hoped will now he rebuked and punished.

H.

–––

LONDON, November 27, 1861.

Right Hon. Earl RUSSELL.

SIR: The undersigned have the honor to submit to Her Britannic Majesty’s Government the following facts: On the 7th of November, instant, James M. Mason, John Slidell, James Macfarland and George {p.1232} Eustis, citizens of the Confederate States of America, embarked on board Her Britannic Majesty’s royal mail steam packet Trent, then in the harbor of Havana, Cuba, as passengers for Southampton, England. On the 8th instant when in the Bahama Channel off the Paradon Grande Light-House, the Trent was brought to by the firing of two guns said to have been shotted from a U. S. man-of war, the San Jacinto, which vessel sent an officer and armed boat’s crew on board of the Trent, and after some preliminary acts the officer demanded that the four passengers named above should be delivered up to him. The captain of the Trent refused to comply with this order, and the citizens of the Confederate States above named claimed the protection of the British flag. The U. S. officer then proceeded to arrest those gentlemen by the aid of his armed crew under circumstances of aggravating violence and carried them as prisoners from the Trent to the San Jacinto.

The undersigned believe that this proceeding is in violation of international law and not justifiable under any treaty between the Government of Her Britannic Majesty and that of the United States. If it shall be insisted upon that these citizens were coming to England in the capacity of ambassadors it is a sufficient reply that they were not recognized as such by the Government of the United States nor by that of Her Majesty. The former Government looks upon them simply as rebellions citizens; the latter as the citizens of a belligerent power. No charge of their being bearers of dispatches was made by the U. S. officer, and if made it is confidently believed it would not justify their forcible seizure under the circumstances.

It may be concluded that these gentlemen had been commissioned by the President of the Confederate States to proceed to Europe and use their best endeavors to form friendly relations with the neutral European powers, but under such supposition the undersigned insist that they were not liable to seizure upon the deck of a neutral in the manner in which they were seized, for the reasons:

First, that such a procedure can only be sustained upon the principle that neutral States are not justifiable in entertaining propositions for the recognition of and commercial intercourse with belligerent powers.

Second, that these persons were proceeding from a neutral port to a neutral port in a neutral vessel.

It may be conceded that ambassadors proceeding from an enemy’s port to a neutral port are liable to seizure under a neutral flag, but the undersigned have been unable to find a principle of international law or a precedent which justifies such a procedure when the ambassador is proceeding from one neutral port to another. In fact a high American authority, President Woolsey, lays it down as incontrovertible that a neutral vessel may convey unmolested an ambassador of the enemy or dispatches of the enemy to and from his own or any other neutral government. (Introduction to Study of International Law, p. 408; On Relations Between Belligerents and Neutrals. Theodore D. Woolsey, Yale College, Boston, 1860.)

Mr. Wheaton seems to sustain this view, for after laying down the general principle that “the fraudulent carrying of dispatches will also subject the neutral vessel in which they are transported to capture and confiscation,” he further says:

But carrying the dispatches of an ambassador or other public minister of the enemy resident in a neutral territory is an exception to the reasoning on which the above general rule is founded.

{p.1233}

The same author says:

The neutral country has a right to preserve its relations with the enemy, and you are not at liberty to conclude that any communication between them can partake in any degree of the nature of hostility against you.

Most assuredly then the bearers of such dispatches or the ambassadors themselves are not liable to seizure on a neutral vessel when proceeding from one neutral country to another. The undersigned think that it will be found on examination that when an ambassador has been held to be liable to seizure on a neutral vessel while on his passage it has been when the neutral vessel received him in the enemy’s port or was carrying him to the enemy’s port. In the present case the persons seized were received as simple passengers on the neutral vessel bound from one neutral country to another.

The undersigned submit also this further view of the case: Granting that the persons seized were liable to seizure it is submitted that the question of liability is a judicial question. For the decision of all such questions admiralty courts are established, and in those courts alone where both parties can be heard could they be determined. The only proper course was a seizure of the Trent with her cargo and passengers and a submission of the whole matter to a judicial tribunal.

The undersigned therefore feel it to be their duty to protest against this act of illegal violence done by the Government of the United States to citizens of the Confederate States on board of an English vessel by which they have been torn from their families and committed to a loathsome prison. They feel it to be their duty to lay the facts before the Government of Her Britannic Majesty and to claim for their imprisoned countrymen the full benefit of that protection to which every private person who seeks shelter under the British flag and demeans himself according to British law has heretofore ever been held to be entitled.

The undersigned therefore confidently hope that Her Majesty’s Government will cause those citizens of the Confederate States who have been so illegally taken from the deck of a British vessel to be returned to the position which they enjoyed under the protection of the British flag when seized, or to the port whither they were bound and to which Her Majesty’s Royal Mail Steam Packet Company had engaged to take them after having received the usual compensation.

The undersigned have the honor to assure his lordship of their very high consideration.

W. L. YANCEY. P. A. ROST. A. DUDLEY MANN.

–––

COMMISSION OF THE CONFEDERATE STATES OF AMERICA, London, December 2, 1861.

Hon. R, M. T. HUNTER.

SIR: We have the honor to acknowledge receipt on the 27th ultimo of dispatches of date the 24th of August, as also of dispatch dated 23d of September, 1861.*

It is our painful duty to communicate to you that on the 8th ultimo Messrs. John Slidell, James M. Mason, James Macfarland and George Eustis were forcibly taken by the U. S. man-of-war San Jacinto from

* None of these dispatches found. {p.1234} her Britannic Majesty’s royal mail steam packet Trent while on her passage from Havana, Cuba, to the Island of Saint Thomas when in the Bahama Passage off the Paredon Grande Light-House. The facts as far as we have been able to learn them, and we believe them to be extremely reliable, are as follows:

On the 7th of November Messrs. Slidell and Mason with their suite embarked on board the Trent in the harbor of Havana as passengers for Southampton; England. On the morning of the 8th of November, when in the narrowest part of the Bahama Passage, off Paredon Grande Light-House, the San Jacinto was seen lying to in the passage. When the Trent came within half a mile or less the San Jacinto ran up the U. S. flag and simultaneously fired a round shot across the bow of the Trent, immediately afterward firing a shell which exploded within a hundred yards of that vessel. The captain of the Trent then displayed the British flag and being within hailing distance demanded to know what was wanted. The reply from the officer of the San Jacinto was that he wished to send a boat alongside. The Trent was then brought to and Lieutenant Fairfax with an armed boat’s crew from the San Jacinto boarded her. He demanded of the captain a list of his passengers. This was refused. The lieutenant then said that the captain of the San Jacinto was informed that Messrs. Mason, Slidell, Macfarland and Eustis were on board and that he was instructed to seize them. These gentlemen at once avowed their presence, but claimed the protection of the British flag. The U. S. officer replied that unless they were surrendered to him he should take possession of the ship which he accordingly did, and after a solemn protest by the admiralty officer on board the Trent against the whole proceeding those gentlemen were seized at the point of the bayonet. Lieutenant Fairfax further said that he was instructed to lay the ship alongside the San Jacinto. The captain of the Trent replied that he was going to his quarterdeck, adding, “If you want me you will find me there.” and at once proceeded to the quarter-deck. Lieutenant Fairfax left the Trent, however, without further enforcing his order, carrying with him Messrs. Slidell, Mason, Macfarland and Eustis as prisoners, and the Trent then proceeded upon her voyage. All the papers, letters and dispatches under charge of Messrs. Slidell and Mason were brought to us on the 27th instant, immediately after the arrival of the West India mail packet at Southampton by Mr. Hankel, of Charleston.

Under these peculiar circumstances the members of the commission after consultation, taking into consideration the great interests of the Confederate States, have severally come to the conclusion that it is the duty of each to remain near this Government and that of France until further advised by the President. In consequence we have addressed to Her Britannic Majesty’s Government a solemn remonstrance against the outrage perpetrated by the United States in thus forcibly seizing the persons of citizens of the Confederate States on board of an English vessel at sea.

We have also in obedience to instructions of the President to the Hon. James M. Mason communicated to Her Britannic Majesty’s Government a copy* of the list of vessels which had arrived at and cleared from the Confederate ports from the date of the proclamation of the blockade to the 20th of August, 1861, and also a copy * of the resolutions of Congress of the 13th of August, 1861, touching the declaration of the Conference of Paris. We annex copies* of both of these notes.

{p.1235}

We also send with this dispatch for the information of the Department certain editorials of the London journals* indicating the state of public opinion upon the seizure of Messrs. Slidell and Mason and their secretaries. The editorial from the Morning Post is understood to be inspired by Lord Palmerston; that from the Times of the 29th is understood to be from the Foreign Office. Having carefully read the different papers we find that there is but one daily journal in London that entertains the opinion that the act of the San Jacinto is justifiable; that is the Morning Star, the supposed organ of Mr. Bright and Mr. Cobden, and used as one by Mr. Adams.

It is believed in well-informed circles and in fact we may say that it has been communicated to us by persons connected with high official personages in the Government that the Cabinet in council on the 30th ultimo determined upon a report of the law officers of the Crown that the act of the commander of the San Jacinto was illegal, and that a demand should be made on the Government of the United States for apology and the restitution of Messrs. Slidell, Mason, Macfarland and Eustis. We have also received information in the same manner that the blockade is considered to be ineffective-entirely so-by the members of the Cabinet.

After a full consideration of the question we have not as yet deemed it advisable to again formally press the recognition of the Confederate States upon the Government of Great Britain at this moment but will await a favorable opportunity to do so. At this time we think it would meet with rejection, at least before the answer of the Government of the United States to the demand which the British Government has made for apology and restitution shall be received.

The C. S. steamer Nashville arrived at Southampton on the 21st ultimo slightly injured in her wheelhouses and deck by adverse storms experienced on her passage. We learn from Lieutenant Pegram that on the 19th ultimo in seventy fathoms of water he captured and burnt the ship Harvey Birch, of 1,500 tons burden, owned in New York and in ballast from Havre. She was valued at $125,000. Her officers and crew were taken to Southampton and landed there. It is understood that the Nashville will be allowed to repair.

The U. S. armed steamship James Adger has been in the waters of England for the last few weeks. It was asserted that she came to seek for the Nashville. She was allowed to repair damages sustained on her voyage and to coal. Since then she has been hovering about the coast. We understand that in reply to a demand as to her object by an officer of the admiralty that the commander avowed that he was instructed to seize Messrs. Mason and Slidell wherever he could find them at sea and that he expected to take them out of the West India mail packet. We were further informed that the U. S. officer was then advised that such an act would be considered as an insult to the British flag.

We have been advised that the opinion of the Emperor of the French and that of his ministry is that the affair of the Trent is a great outrage upon the British flag. We have inclosed extracts from various Paris journals* all taking the same view.

We are, sir, very respectfully, your obedient servants,

W. L. YANCEY. P. A. ROST. A. DUDLEY MANN.

* Not found.

{p.1236}

–––

40 ALBEMARLE STREET, LONDON, December 2, 1861.

Hon. ROBERT M. T. HUNTER, Secretary of State.

MY DEAR SIR: Your instructions dated September 23 were received on the 28th instant. At present there is a probability that our recognition by Her Britannic Majesty’s Government will not be much longer delayed. I congratulate you with all my heart upon the indications which so strikingly manifest themselves for a speedy termination of the noble sacrifices of our country for the attainment of its independence. Great Britain is in downright earnestness in her purpose to humiliate by disgraceful concessions or to punish severely by force the so-called United States for the flagrant violation of the integrity of her flag upon the high seas. Her voice will now be found in her sword.

By never losing sight for a moment of the object for which I was appointed and not quitting here for a day since my arrival I have succeeded in opening channels of communication with the most important personages of the realm. In an hour after the Cabinet decided upon its line of action with respect to the outrage committed by the San Jacinto I was furnished with full particulars. What a noble statesman is Lord Palmerston! His heart is as young as it was forty years ago.

I suggested the importance of putting the new and invincible iron-plated steamer Warrior in commission and of dispatching her to Annapolis Roads with a special minister to Washington. This in my opinion would have secured the immediate restoration of our captured countrymen to the freedom which they enjoyed under the British flag and thus assured their early arrival in London and Paris. It would also have so humiliated the North that her position would have been very equivocal as relates to respectability in the family of nations. With all her brazen-facedness she could not have elevated her head again for a half century.

As soon as Mr. Mason or his successor, if he shall not be surrendered, arrives I shall repair to Madrid and afterward proceed to Brussels. For this renewed manifestation of confidence in me by the President and the agreeable manner in which you have communicated it I cannot adequately express my thanks.

I cannot close this hurried note without expressing to you my unqualified admiration of the peculiarly proper bearing of Mrs. Slidell, her daughter and Mrs. Eustis under the distressing separation from their husbands and father. Truly may it be said as concerns those ladies that “woman’s hour is the hour of adversity.” I never was so proud before of my countrywomen in a foreign land. There is not a British heart that does not sympathize sincerely with them.

Yours, with faithful consideration,

A. DUDLEY MANN.

–––

Memorandum.

FOREIGN OFFICE, [London,] December 7, 1861.

Lord Russell presents his compliments to Mr. Yancey, Mr. Rost and Mr. Mann. He has had the honor to receive their letters of the 27th* and 30th** of November, but in the present state of affairs he must decline to enter into any official communication with them.

* See p. 1231.

** Not found.

{p.1237}

–––

PARIS, December 24, 1861.

His Excellency JEFFERSON DAVIS, President of the Confederate States of America.

SIR: A friend takes charge of this letter which may prove useful should our last dispatch not have been received.

Having gone to England as soon as I heard of the outrage committed upon Messrs. Mason and Slidell, at the first interview I had with my colleagues we severally came to the conclusion that the separate powers and instructions last received presupposed the presence of Messrs. Mason and Slidell in London and Paris, and that in the excited state of public feeling which had resulted from their capture the best interests of our Government required our presence in those capitals.

I could not be in doubt as to the course I ought to pursue, having positive information through the Spanish legation here that the question of our recognition had never been mooted at Madrid and would not be until we were recognized by England or France, and knowing besides the necessity of counteracting at once an attempt their being made by an influential portion of the French press to unite against us the anti-English and anti-slavery feelings of this country.

The commissioners addressed a strong representation to Earl Russell in relation to the affair of the Trent, asking the British Government to demand the immediate restitution of our captive friends to the protection of the British flag. England has ere this demanded that restitution, and unless the North has yielded at once war is certain. In that war France will remain neutral, but it is confidently believed in Government circles that in a few months it will be in her power to come forward and command peace between the three belligerents.

Should the Lincoln Government yield I am assured by my colleagues that the British Government is now thoroughly convinced of the inefficiency of the blockade and will insist that it be raised. While the Emperor wishes to continue on good terms with the United States Government and would regret to see the Federal navy destroyed I cannot doubt that his sympathies and those of his Government are with us. A series of articles headed “Reconnaissance des Étâts Confédérés,” now in course of publication in the Pays newspaper, are written in the Bureaux of the Ministry of the Interior. They advocate the right of secession, the cause of the South generally, and its right to be recognized. Other articles of the same character have been recommended for publication in other papers by the director of the press, but thus far have not been published because most probably the editors of those papers expect money from us. That question of money is continually turning up against us. I do what I can out of my own means but that resource is necessarily limited.

Many causes little understood at home have combined to delay our recognition; but a great change in public opinion has taken place here within the last six months, and in reviewing the past while I avoided rendering myself obnoxious by indecent haste I am not conscious of having omitted anything calculated to advance our cause. My unofficial intercourse with members of the Government has been more and more friendly, and on a recent occasion M. Thouvenel was pleased to say to me that no one could have accomplished more than I had.

We have given Earl Russell and M. Thouvenel the list of the vessels which had run the blockade and in obedience to the last instructions addressed a communication to them, M. Thouvenel was astonished to find the evasions so numerous, as the reports made to him by the officer commanding the French squadron on the Atlantic and Gulf coasts had {p.1238} induced him to believe that notwithstanding occasional violations the blockade could not be considered ineffectual. He promised to take the matter into serious consideration. The lists sent only extend to the end of August and first part of September lists of subsequent violations should be sent to us immediately. Should Messrs. Mason and Slidell be liberated and allowed to proceed to Europe recent proofs of the insufficiency of the blockade might be of the greatest importance in their negotiations.

DECEMBER 28.

No news from America. The London Times of yesterday says:

We are at this moment looking up at the coin which is twirling in the air and guessing without any good ground of preference whether it will come down heads or tails-war or peace.

This is a true statement of the situation. In the mean time England is fitting out the largest naval expedition that ever left her shores. That expedition will crush the North at a blow if there is war, or open the blockade if there is not.

I am, with very high regard, your very obedient servant,

P. A. HOST.

–––

LONDON, December 31, 1861.

Hon. R, M. T. HUNTER.

SIR: Nothing has occurred since the last dispatch of the commission which in their opinion requires an official communication to the State Department. Duplicates of that dispatch have also been sent off, together with a copy of Earl Russell’s reply* to our notes. The terms and spirit of that reply in my opinion called for notice from the commission, but my colleagues did not think so, and consequently Earl Russell’s note has not been answered. The publication of Mr. Adams’ correspondence with his Government which has just appeared and which doubtless you have seen has strengthened me in the view that the note should have been replied to but Colonel Mann (Judge Rost at Paris) still adheres to his original impression.

Earl Russell promises to Mr. Adams (in June last) that he will not see the “pseudo commissioners any more.” What truckling to the arrogant demand of Mr. Seward that England should forego her international privilege of hearing the case of a belligerent power! What a violation in fact of that impartial neutrality proclaimed, a neutrality indeed which includes the equal hearing of both sides, although upon unequal terms-official on one side, unofficial on the other. Had the foreign secretary in August last not driven us to a written communication the commissioners could have kept up unofficial and verbal interviews and communications until this time, and not have subjected themselves to the rebuffs they have received, while at the same time they could have constantly kept the English Cabinet informed of events and their own views. But Earl Russell’s last note cuts off all communications until at least the question of the Trent has received a solution.

I presume there is no doubt that England has demanded the restitution of Mason and Slidell and an apology. Here public opinion generally is that they will be surrendered. The funds fluctuate. The Government view is that the issue of peace or war is about evenly balanced. Ten thousand picked troops and immense war material have been sent {p.1239} to Canada. A great steam fleet has been fitted out, and if there is war the English blows will be crushing on the seaboard.

If Mason and Slidell be given up the Government here will endeavor for awhile at least to observe a frigid neutrality toward us; that is will lean to the United States on the blockade and diplomatic issue, and postpone or refuse recognition. France, however, will be disposed I think to act more favorably, and may drive England into favorable action. Public opinion is for us, and when Parliament meets I feel confident that the ministry will be compelled to act favorably or to resign.

The British West India mail steamer from Saint Thomas was due on the 28th, but only arrived off Southampton an hour ago. The Havana steamer of December 28 failed to connect, and my opinion is that a Yankee captain mindful of the honors heaped on Wilkes has searched her and found dispatches or Confederate agents and has taken her into port for adjudication. If so war can no longer be prevented, for England will not submit to it. I desire to leave here very much, and if Mason and Slidell arrive or other commissioners will do so at once. If no one arrives to take my place and war ensues I will leave on concluding a treaty with England and be home I hope by March.

Most respectfully, yours, &c.

W. L. YANCEY.

JANUARY 1, 1862.

The British West India mail steamer due on 29th not yet arrived. It is feared that a Yankee man-of-war has seized her, and if so perhaps because of C. S. officers and dispatches on board. It was a false rumor as to arrival of the Shannon.

Y.

* Not found as an inclosure, but probably refers to memorandum of December 7, p. 1236.

–––

RICHMOND, January 1, 1862.

Governor THOMAS O. MOORE, New Orleans:

John Slidell and J. M. Mason have been given up. William H. Seward’s letter to Lord Lyons occupies several columns of the Baltimore Sun, and concludes with saying he delivers up the commissioners with pleasure whenever Lord Lyons chooses to receive them. I have this information from a gentleman who read Seward’s letter in the Sun, but I have not seen the paper myself.

J. P. BENJAMIN, Secretary of War.

–––

RICHMOND, January 1, 1862.

PAYNE, HUNTINGTON & Co., New Orleans:

Your dispatch received. Will attend to it to-morrow. Happy New Year to you all. I have just received positive information that J. M. Mason and John Slidell have been returned to England.

J. P BENJAMIN, Secretary of War.

–––

WAR DEPARTMENT, Richmond, Va., January 5, 1862.

LOUIS HEYLIGER, Esq., Nassau, New Providence.

MY DEAR SIR: Your several favors by the Theodora and Ella Warley have been received and your action in the accomplishment of {p.1240} your mission fully approved. ... The Northern Government has as you will have been informed submitted to the peremptory demand of Great Britain for the surrender of Mason and Slidell, and thus there is no prospect of immediate hostilities between those two powers although everything portends the rupture of their friendly relations at no distant day. ...

Yours, very truly,

J. P. BENJAMIN, Secretary of War.

–––

FENTON’S HOTEL, LONDON, January 30, 1862.

Hon. H. M. T. HUNTER, Secretary of State.

DEAR SIR: We arrived in London yesterday evening and I could address you but a short private note by a ship to sail to-day for a Confederate port. I have had but one day in London and that engrossed by visitors, embracing many of our countrymen here with many English gentlemen who sympathize with us.

This letter which cannot contain much is to go by the Nashville, and if Captain Pegram makes good his voyage he will tell you the complications that have arisen in regard to his presence in an English port. It will suffice for me to say that the Federal ship Tuscarora being at Southampton to watch him this Government ordered both to leave the port, brought about by misconduct in regard to the espionage of the commander of the Tuscarora, the Nashville to depart as I understand it twenty-four hours (afterward extended to forty-eight) after the departure of the Tuscarora. Captain Pegram who consulted with me in obeying this apparently harsh order has acted in everything in a manner becoming his position. I have not the means of making myself fully acquainted with the orders of the British Government in this regard, they being partly written and partly through verbal communication. So far as I have understood them, however, I have no reason to believe that the admiralty intended incivility or discourtesy to the Nashville, but under the necessity of sending away the Tuscarora it was thought prudent and to preserve neutrality to extend the same measure to the Nashville.

In my short note of last night* I could tell you only of the favorable impressions we received everywhere on our voyage of sympathy from the British naval officers. Now with but a day’s experience in London my impressions decidedly are that although the ministry may hang back in regard to the blockade and recognition through the Queen’s speech at the opening of Parliament next week the popular voice through the House of Commons will demand both. But few members it is said are yet in town, but there is a prevalent desire manifested to be well informed as to American affairs, and I have said to those who have called on me that I shall be happy to see and converse with any gentleman who desires such information.

My views of course upon such short acquaintance must be crude, but I shall be disappointed if the Parliament does not insist on definite action by the ministry inuring to the relief of their people as well as ours.

By the next opportunity I shall hope to write you more formally and at large. Please send the inclosed* to Mrs. Mason.

Very respectfully and truly, yours,

J. M. MASON.

* Not found.

{p.1241}

–––

COMMISSION OF THE CONFEDERATE STATES OF AMERICA, London, February 2, 1862.

Hon. R, M. T. HUNTER, Secretary of State, Richmond.

SIR: I arrived here on the 29th ultimo in the West India mail steamer from Saint Thomas, and have since written you two private notes by casual opportunities offering taking the chance of their reaching you. In these I gave you a brief account of our voyage after being released from Fort Warren. This is to go by Mr. Yancey, who leaves this evening for Southampton.

Lest my private notes should have miscarried I will briefly state here that on the 1st of January Mr. Slidell and I with Messrs. Eustis and Macfarland were taken from Fort Warren in a small steam-tug forty miles across an arm of the sea to Provincetown, Mass., in charge of a subordinate clerk of the State Department at Washington and six marines with a corporal, where we found at anchor the British war steamer Rinaldo, of seventeen guns, Commander Hewett, and were placed on board about 4 p.m. We were received by Captain Hewett with great courtesy and the ship immediately got under way for Halifax.

Captain Hewett showed us in the course of the evening his letter of instructions from Lord Lyons, which directed him to receive and treat us with all the respect and consideration due to private gentlemen of distinction and his orders were to proceed to Halifax or if we desired it to any other neutral port, but not to any one of the Confederate States. The most speedy opportunity to England being from Halifax we proceeded thither, but during the night a gale sprung up from the northwest which continued with increasing violence accompanied by thick weather and snow-storms up to Sunday the 5th. During that period we were unable to take an observation or to determine where we were in reference to our port. The thermometer was at 15°, the ship covered thickly with ice, all the ropes, cordage and sails frozen into a dense common mass and the coal nearly exhausted; add to which the ship had sustained much damage by the severity of the protracted storm, lost two of her boats from the davits, her fore-top sail (the only sail set) blown away, though double reefed, the taffrails stove in, &c., with many of the sailors severely frost-bitten.

In this condition the captain determined on Sunday, the 5th, still unable to get an observation, to bear away for Bermuda. It was computed by the dead reckoning that we had run some forty miles to the east of Halifax, when the course of the ship was changed. Getting to the middle of the Gulf stream after a run of some 300 miles we were enabled to thaw out, and reached Bermuda without further mishap on the 9th.

We immediately communicated through Captain Hewett with Admiral Milne, commanding the station, at his residence on shore, expressing our desire so far as compatible with his convenience to proceed in the most speedy manner to our destination. He had but few ships in port, but offered either to send us direct to England in the steamer Racer, which could be got ready by the 13th, or if we preferred it to send us on in the Rinaldo to Saint Thomas, which it was thought we might reach in time to intercept the mail steamer La Plata to leave there at latest on the 14th, Captain Hewett kindly offering to have his ship coaled during the night and to proceed during the next day, notwithstanding her damaged condition.

We chose the latter, as the Racer was a slow vessel, and under any circumstances would have a protracted voyage.

The admiral also kindly sent us aim invitation to dine with him and to spend the night on shore, which we gladly accepted. Our entertainment {p.1242} was in everything courteous and hospitable. All the officers of the ships in-the harbor and on duty on shore called on us with congratulations on our arrival, tendering us every offer of hospitality and expressing an earnest hope that we could remain with them a few days. But I must add as a marked tribute that as we passed the admiral’s ship, the Nile, going into the harbor the band on the quarter deck having the officers grouped around played what they understand to be our national air, Dixie. Our presence on board had been made known by telegraph.

I hope you will pardon this detail as part of the history of the times and as indicative of the feeling and spirit prevailing in the British navy. A common sentiment pervaded all and which was freely expressed of warm sympathy with the South and entire alienation from the North.

We left Bermuda on the morning of the 10th, and after a prosperous run entered the harbor of Saint Thomas on the morning of the 14th, where we found the La Plata. Captain Hewett after having had our baggage transferred accompanied us in his gig on board the La Plata and introduced us to her captain, who received us with warm congratulations and provided every comfort for us during the voyage. The U. S. steamer Iroquois was at anchor in the harbor, and near her the British war steamer Cadmus. Captain Hillyar of the latter called on us on board the Rinaldo, and said in conversation that amongst other reasons for being gratified at our arrival it would relieve him of the duty of watching the Iroquois which had been his occupation for some weeks past. We sailed the same afternoon in the La Plata and reached Southampton on the 29th; came to London the same evening, and on the following morning Mr. Slidell with Mr. Eustis proceeded to Paris.

In the three days only that I have been here I have been called on by a great number of gentlemen, including Sir James Fergusson (whom you probably saw recently in Richmond), with congratulations and other tokens of kindest welcome. I must again ask pardon for these details, not otherwise fitted for a dispatch but as evidence of the spirit and feeling of the people. Mr. Yancey who bears this can tell you in person of everything interesting to us in public affairs.

...

From all I can gather here while the ministry seem to hang fire both as regards the blockade and recognition the opinion is very prevalent and in best-informed quarters that at an early day after the meeting of Parliament the subject will be introduced into the House of Commons and pressed to a favorable vote. The motion will probably come in the form of an amendment to the address and with the opposition it is thought will carry a sufficient conservative vote to reach a majority. With all this, however, Mr. Yancey is far better versed than I and can give better information. He will tell you that on the last application by the commissioners for an interview with Earl Russell they were requested to make their communication in writing. How far this may foreshadow refusal to receive me I am at a loss to say, though I do not anticipate it.

My present purpose is unless something should occur advising delay to write a note to-morrow to the minister asking an interview and announcing my being here as special commissioner to this Government. ...

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

J. M. MASON.

{p.1243}

–––

C. S. COMMISSION, London, February 7, 1862.

Hon. R, M. T. HUNTER, Secretary of State, Richmond.

SIR: My dispatch to you by Mr. Yancey bore date of the 2d instant. An opportunity direct enables me to say a few words additional.

I send you with this the Times * of this date containing the Queen’s message and the debate on it in Parliament. The former as you will see contains no further reference to American affairs than the affair of the Trent. It is thought that silence as to the blockade was intended to leave that question open. Mr. Gregory was kind enough to call on me by appointment and find me a place in the House of Commons. It would seem after consultation members favorable to our interest thought it best not to broach them in the House in the form of an amendment to the address as I thought would be done, but the question will come up in both Houses in some form at an early day.

Many Members of Parliament warmly in our interest have called on me, including Mr. Lindsay, Member of Parliament for Liverpool, and who is the largest ship-owner in England, and I was introduced to others at the House. They confer freely as to what may be best for our interest. They say the blockade question is now more easily carried in our favor just now than recognition, in which I agree, and their efforts will mainly be directed to a repudiation of the blockade. If that is done recognition will speedily follow.

The ministry are certainly averse to either step just now. They seem afraid of any further broil with the Government at Washington. You will see what was said by Lord Derby in the Lords and D’Israeli in the House. There was extreme reluctance with all parties to go into any controversial question on the address because of the recent death of the prince and the real sorrow of the Queen.

I have had long conferences with Mr. Gregory who will be an earnest and efficient coadjutor. All agree that I could not have a more useful or safe adviser. A call will be made probably in both Houses for any information in possession of the Government touching the efficiency of the blockade. I have the returns from the Southern ports given me at Richmond up to the 1st of September and received here since I came for the months of September and October. I shall make free use with our friends in Parliament of the results they show, and when in communication with the foreign office shall send them to Earl Russell. As to the latter Mr. Gregory has kindly offered to consult with judicious friends and advise me in what manner it may be best to ask the interview, always considering that while conforming to any proper usage I stand in no attitude as a suppliant or as asking any favor.

I have a note from Mr. Slidell dated at Paris on the 5th in which he says:

I wrote a note (unofficial) to M. Thouvenel on Monday requesting an interview. I received an answer the same day fixing Friday, the 7th instant, for the purpose. This prompt reply seems to me to argue well for the disposition of the Government. I shall make only a passing allusion to the question of recognition, intimating that on that point I am not disposed at present to press consideration, but I shall insist on the inefficiency of the blockade, the vandalism of the stone fleet, &c.

And further on he gives as his impression from other circumstances-

That the Government while unprepared to receive me officially wishes to manifest its personal good feeling toward me and at the same time to prove that it is not unfriendly to our cause.

To conclude I can give no opinion satisfactory to myself as to the probable action of the Government here, further than that it will remain {p.1244} passive unless moved by a vote of either House, and of the last I have not the means of speaking with confidence. This is to go by a steamer expected to sail direct for the South with supplies, &c., to-morrow.

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

J. M. MASON.

FEBRUARY 8.

I also send the Times of this date* with the debate of yesterday in both Houses. ... The delay of a day in this dispatch enables me to add that since I wrote you yesterday I addressed to-day (on advice of Mr. Gregory) a note to Earl Russell asking an interview at his convenience “as instructed by my Government,” and have his reply to-night in form of a polite note saying that he would receive me on Monday, 10th instant, at his residence, at 11 a.m. unofficially. I shall of course call on him accordingly and in my next dispatch will send you copies of my note and his reply with the result of the interview.

J. M. M.

* Not found.

–––

109 PICCADILLY, February 13, 1862.

His Grace the DUKE OF SOMERSET.

MY LORD DUKE: I cannot refrain on arriving in England from expressing to your grace and to the lords of the admiralty the grateful sense I entertain of the kindness and hospitality received from the naval authorities of Great Britain everywhere on our late protracted voyage to this country, a feeling I know that is equally entertained by my colleague, Mr. Slidell, and by our secretaries, Mr. Macfarland and Mr. Eustis.

To Captain Hewett, commander of Her Majesty’s ship Rinaldo, and to all his officers this acknowledgment is especially due. Their courtesy, consideration and most generous hospitality were unremitting, and under the circumstances of a tempestuous and prolonged voyage we much fear greatly to their personal inconvenience.

To Admiral Milne we are under great obligations for our courteous and hospitable reception at Bermuda, and particularly for his marked kindness in expediting our passage to Saint Thomas.

I have the honor to be, very respectfully, your grace’s most obedient servant,

J. M. MASON.

–––

Case of Messrs. Hopkins, Butler, Wattles and ex-President Pierce.

Dr. Guy S. Hopkins, of North Branch, Lapeer County, Mich., was arrested at Detroit on the 20th day of November, 1861, and taken to Fort Lafayette by order of the State Department. Hopkins was charged with treasonable correspondence with parties in the rebel States and with forwarding correspondence between such parties and their friends in Europe through Canada and with propagating treasonable sentiments in the region of his residence. Joseph P. Whiting, a member of the detective police of Detroit, made an investigation of Hopkins’ case previous to his arrest. The report of Mr. Whiting shows that at the request of U. S. Attorney Russell he proceeded to North Branch, Lapeer County, Mich., on the 7th of November; that he learned {p.1245} from the sheriff of said county that Hopkins and others residing in and about North Branch were according to common report openly avowed secessionists; that he stopped at the public house kept by Isaiah Butler (one of Hopkins’ associates and co-conspirators), to whom he was introduced under an assumed name, and that he was subsequently introduced to Hopkins by Butler. On the following day Mr. Whiting had an interview with Mr. H. C. Sherwood, a resident of the neighborhood, who stated that Hopkins, Butler, Wattles and others had raised a pole for the purpose of hoisting a secession flag thereon, and on being warned by Sherwood and others that such action would result in the destruction of their property they replied that they would murder the whole of the damned abolitionists there were in the settlement if interfered with, and hurrahed for Jeff. Davis, cursed the damned Lincolnites, &c. Mr. Whiting also states that on the 14th of November Private Calvin Hills, of Company H, Kellogg’s cavalry regiment, stationed at Saint Louis (then returning home on a furlough), passed Butler’s tavern, whereupon Hopkins and Butler ran out and gave three cheers for Jeff. Davis; and that on the evening of the same day Hopkins was present at a meeting at Butler’s tavern on which occasion Butler made a speech on the right of secession and avowed himself an advocate of the doctrine. Mr. Whiting further states that in conversation with Hopkins in relation to the Government and about the war Hopkins said it was no Government at all, and many other like expressions, and denounced the war as unjust and tyrannical; and that many good and loyal citizens denounced Hopkins as an “open and avowed secessionist, which I think is true.” A letter signed in cipher, dated North Branch, October 5, 1861, and directed to a citizen of Detroit, fell into the hands of Mr. Howard, the postmaster at that place, and was subsequently delivered to W. H. Barse, special agent, by whom it was forwarded to the Secretary of State. The letter is in the handwriting of Hopkins, and he has since admitted that it was written by him. It was addressed to R. M. C., esq. (said to mean Robert McClelland), and professes to relate to a secret league formed for the purpose of overthrowing the Federal administration; and it is filled with treasonable sentiments. Its references to individuals, &c., are only by initials, and among those referred to as members of the league or active in its interest are C-s S-t and Pres’nt P-, said to mean ex-President Pierce and Col. Charles Stuart, of the Eleventh Regiment Michigan Volunteers. It speaks of the secrecy and success with which their operations have been carried on, and says. * The prisoner in his statement made after his confinement in Fort Lafayette claims that the letter was only intended for a sell and that his expectation was that it would be sent to one of the treason-shrieking presses and would be apt to quiet their howls. Letters and communications found among the prisoner’s papers afford unmistakable evidence that he is a very bad man and justify incredulity at least in relation to any of his statements in his own behalf; and also warrant the belief that to a man so faithless to good morals and social order the transition would be easy to that of disloyalty to his Government..

Isaiah Butler, of North Branch, Lapeer County, Mich., was arrested at that place on or about the 21st day of November, 1861, and was taken to Fort Lafayette by order of the Secretary of State. Butler was {p.1246} charged with forwarding correspondence to and from the rebel States between said States and Canada and with propagating treasonable and secession doctrines in the neighborhood of his residence. An officer of the detective police of Detroit who was employed to examine the charges against Butler before his arrest reported that Butler with others had raised a pole for the purpose of hoisting a secession flag; that on different occasions he hurrahed for Jeff. Davis; that he made a speech on the right of secession and avowed himself an advocate of that doctrine; that he was exercising a bad influence, poisoning the minds of many citizens in the whole settlement around him. After his arrest he refused to acknowledge himself a Union man and said he would not renounce his secession sentiments if he knew he was to be shot. The said Butler remained in custody at Fort Lafayette February 15, 1862, when he was transferred to the charge of the War Department.

David C. Wattles, of North Branch, Lapeer County, Mich., was arrested by U. S. Special Agent W. H. Barse, of Michigan, or by his orders, on or about the 25th day of November, 1861, and conveyed to Fort Lafayette by order of the Secretary of State. Wattles, with one Isaiah Butler and one Guy S. Hopkins, had long been notoriously active in propagating disloyal sentiments at North Branch, and these three persons were the leaders of a small band who openly justified the rebellion and advocated its cause. In October, 1861, a letter was discovered in Detroit in the handwriting of Guy S. Hopkins appearing to give assurance of the existence of an extensive league or conspiracy to overthrow the Government and boasting of the rapid extension of said league, and claiming among other things to have already established an uninterrupted line of communication between the South (rebels) and Europe. Wattles as well as the other persons named was soon after arrested. Upon and after his arrest he openly avowed his sympathy with the rebels. The said Wattles remained in custody at Fort Lafayette February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* Letter omitted here. Seep. 1248.

–––

NEW YORK, September 17, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: The object of the present is to apprise you that Franklin Pierce, ex-President, and Clement March, now a senator of the State of New Hampshire, are traitors and are aiding and abetting secretly and covertly the leaders of the Southern rebellion.

–––

DETROIT, November 20, 1861.

W. H. SEWARD:

We have arrested Dr. Guy S. Hopkins, of North Branch, Lapeer County, Mich., with treasonable documents on his person, and from comparison of handwriting author of the letter addressed to the Hon. Robert McClelland, a copy of which has been sent to you. Shall I take him to Fort Warren?

W. H. BARSE.

{p.1247}

–––

FORT HAMILTON, New York Harbor, November 23, 1861.

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

SIR: I have received this morning from the custody of William H. Barse, Government agent at Detroit, a prisoner, Dr. Guy S. Hopkins, by order of the Secretary of State, and have sent him to Fort Lafayette.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

–––

DETROIT, November 26, 1861.

WILLIAM H. SEWARD:

Have arrested Isaiah Butler and David C. Wattles, strong secessionists, and believed to belong to the Knights of the Golden Circle of this State.

W. H. BARSE, U. S. Marshal.

–––

DEPARTMENT OF STATE, Washington, November 26, 1861.

W. H. BARSE, Esq., Detroit, Mich.:

Convey Isaiah Butler and David C. Wattles to Fort Lafayette.

WILLIAM H. SEWARD.

–––

DETROIT, November 26, 1861.

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

DEAR SIR: Inclosed please find the original letter from North Branch, Mich., addressed to a prominent citizen of this city whose name is withheld from me. It was thrown into the wrong box, and the person upon opening it discovering a conspiracy was on foot to overthrow the Government took it to a friends and the friend to W. A. Howard, esq., postmaster, and after a delay of some three or four weeks it came into my hands, and I have permission to send it to you with this understanding on my part that it shall be returned when called for. My object in sending it now is that you may compare the writing and ink with that found on Dr. Guy S. Hopkins who is now confined in Fort Lafayette.

I will endeavor to give you the rendering of initials embraced in this mysterious letter according to our judgment, viz: R M. C., Robert McClelland; C-s, circulars; S- of S-, Secretary of State; P-ts, prints; R- L-, W. C. W., R- L- (don’t know), Windsor, Canada West; C-s S-t, Charles Stuart, colonel of Eleventh Regiment Michigan Volunteers, now filling up; N-, North; S-, South; A-, assistance; A-, abolitionists; M-d, Maryland; Ft. M-, Fort Monroe; Pres’nt P-, President Pierce; P-y, Purdey; L. C. D-t, League Club of Detroit; Doct. [De] F- (don’t know); H-, Mormon elder (don’t know, am on his track); Port H-, Port Huron; Doct. [De] F- (supposed to be a Virginian who boarded at Port Sarnia about 1st of October last and registered his name as Jonathan Tripp, Virginia. Notes taken by my Son, 7th of October); R-, Richmond; Capt. S- (don’t know); G- M-, grand master or marshal; W-, Windsor (you will Please note Sicilian Vespers); Capt. H- (don’t know); p-s, passes. The Signature you must figure out, for I cannot.

{p.1248}

I have a number of names that I am on the lookout [for], and associate those sent forward and named in letter, viz: Capt. Walter P. Beach, N. H. Hart, lieutenant, and now filling up to go into Charles Stuart’s regiment. D avid C. Wattles was to go as second lieutenant, but unfortunately he is on his way to Fort Lafayette. Others have been named, and if we are to believe those that come in daily contact with them they are rank secessionists and members of this League Club or Golden Circle. It is to be hoped that I may come across some more papers that will throw more light upon the subject. We have been to considerable expense in ferreting this matter out, having first to send a couple of detectives out to North Branch, and they employed the sheriff of Lapeer to assist them. They were gone about one week and returned with their report. I then waited until Dr. Guy S. Hopkins came in and arrested him, secured his papers and then sent out and arrested Butler and Wattles, all of which costs money. You will please advise me if I can embrace those expenses in my monthly account.

All of which is most respectfully submitted.

Your obedient servant,

W. H. BARSE.

P. S.-I will send Doctor Hopkins’ other papers in by themselves as found in his possession.

BARSE.

[Inclosure.]

NORTH BRANCH, [LAPEER COUNTY, MICH.,] October 5, 1861.

R. M. C., Esq.

DEAR AND HONORED SIR: I write to inform you that C-s, the signature of the S of S , &c., attached with a number of skeleton P-ts, will be found at the house of R- L-, W. C. W., by the 9th instant.

The work, dear sir, goes bravely on; I have received replies from over sixty different localities and forwarded them to their proper destination, and I am happy to say thus far without a breath of suspicion or any accident. Our fellow-citizens are better prepared for the grand movement than even the most sanguine of our leaders dared to hope. The league is extending its ramifications in every direction and gaining men and valuable adherents daily. I feel greatly strengthened in the belief that when the hour comes to erect our glorious standard an overwhelming force will spring up at the first trumpet call. Many who are outwardly rabid in the tyrant’s favor are with us heart and soul. I cannot, in common with C-s S-t, refrain from expressing my astonishment not to say delight at the unparalleled success and secrecy which has thus far attended the efforts of the brotherhood. God cannot help blessing a cause whose object is the restoration of a great nation to peace and unity by the overthrow of the blackest and most damnable despotism that ever usurped the liberties of a free people.

It is not difficult to convince an honest, intelligent man that the only way left to restore the Union and rescue the Constitution from beneath the feet of the tyrants where it is now lying is to insure by concerted action throughout the N- the success of the S-, until tired and disgusted the conservative element is strong enough to raise and unite if necessary with the A- of the S-, overrun the N- like a hurricane, sweeping the A- into eternity, or at least driving them into complete and unconditional submission. This is the only way in which our liberty and our country can be saved. Such a result would again {p.1249} unite the N. and S. in new bonds of amity and interest, restore the Union in all its former strength and beauty and the Constitution to the sacred niche from which it has been ruthlessly hurled by the despots. May the league prove the stepping-stone to such a result.

I have it from the best authority that the league is doing noble work in M-d, even among the F- S- at Ft. M-. If God continues to prosper our efforts the hour of a union between the N. and S. is not far distant. Prepared and united our force will prove irresistible and the accursed A- G- will be swept into the Atlantic.

President P- in his passage has drawn many brave and influential men to the league. P-y of the L. C. D-t, sent a line to Dr. F- (by H., the Mormon elder), who as you perhaps know is just across the line from Port H-. The league is doing nobly in M., I. and Wis. He is cautious, but in common with others is gradually preparing the minds of the people for a great change. He expresses a fear that any attempt to draft men will produce a premature outbreak. I think his fear is well founded. A member of the league in Genesee who passed through the woods on his way with dispatches to Dr. F- told that any attempt to draft our friends there would bring on an open rupture. I think our leaders should look to this, as no doubt they will.

I am happy to say Dr. F- considers his mission accomplished and departs for R- by the 7th instant. Through us there is now an uninterrupted line of communication between the S- and Europe. He leaves Captain L-, a sure friend, in his place to receive correspondence, &c. Our obscurity is our greatest safeguard. The duties which devolve upon me could never be conducted in any place of note without attracting attention. I forwarded your request to the G- M- and am instructed to furnish you with the cipher and its key. I will send the same to Pt. H-, thence to W-.

I have munch which I wish to communicate, but will wait until an opportunity offers to send it by a safe hand. I am obliged to send this by mail.

May God prosper the cause. The S- is doing gloriously. It wrings my very heart however to see our brave countrymen N. and S. sacrificed to carry out the hellish plans of our tyrant. May our project prove a second Sicilian Vespers, attended with all its success, but I fervently pray without its bloodshed.

Dear sir, excuse this confused and hurried letter, and allow me to sign myself,

Yours, in the cause,

{cryptic}

P. S.-Captain H. will give you instructions as to the disposition to be made of the C-s; the P-s are to be used as necessity requires.

–––

DETROIT November 27, 1861.

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

DEAR SIR: I found the inclosed* laid aside after sealing up the doctor’s papers. I send you these merely to give you an insight to his character and sentiments. Taking him all in all I think he is as great a scamp as goes unhung.

Your obedient servant,

W. H. BARSE.

* No inclosures found, but probably alludes to correspondence addressed to the Detroit Free Press; see Hopkins to Seward, November 29.

{p.1250}

–––

FORT LAFAYETTE, November 29, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: On the 20th instant in the city of Detroit, Mich., I was suddenly arrested without being informed of the charge against me further than the general one of disloyalty. Knowing that I had laid myself liable to suspicion by an act of inconsiderate folly I was most anxious for an immediate examination. This favor was refused me and I was immediately sent to this post. I am anxious to make a full and explicit report of what I know, not I beg you to believe to screen myself but to prevent if possible suspicion falling upon loyal and innocent men. If I were alone interested I believe rather than confess my knowledge of the cause of my arrest and the trouble I have unwittingly occasioned I would prefer running my chance under an unsupported charge of disloyalty, but the interest of others demands that I should admit not my guilt but my folly.

My only guilt, sir, lies in attempting to play off a practical joke upon the Detroit press. It is impossible that in the short space of a few months all old party animosities and prejudices should be forgotten. Although the Democratic press and people acquiesce with more or less cordiality in the policy of the Administration still beneath it all there is an undercurrent on minor subjects of political rancor which still maintains old party lines. Actuated by such feelings the Democrats charge the Republicans with abolition, while the Abolitionists without any show of reason charge all Democrats with either disaffection to the Government or outright treason. In Lapeer County, Mich., in particular, remote from the wild whirl of political and warlike events, these feelings exist in all their strength-so much so indeed that there is scarcely any communication between members of the two parties.

Some time in September, I think, my enemies having reported me a secessionist, my office was attacked in the night and ransacked and other acts of violence committed, of course by Abolitionists. About the same time I noticed frequent paragraphs in the Detroit papers charging the Democrats with treason, with oft-repeated reference to a secret league favorable to the Confederate States. These events, the accusation of men whom I admired as statesmen and loyal Americans, the disgrace heaped upon me by Canadian abolitionists, who I knew at heart bore little love to my native country, living remote from civilization, and although reading not realizing the fearful change which has taken place in the past six months; the universal reign of suspicion, revenge and a desire to sell the Detroit treason-shrieking press-all this and many influences which I will not occupy your time in rehearsing, on reading a very irritating paragraph on Democratic treason, it suddenly entered my mind to sell the Detroit press by writing a letter full of dark innuendoes and hints, but which in reality would mean nothing. The idea was hardly conceived before it was executed.

My only fear in writing it was that it would be immediately seen through, and I caught at every circumstance which would add to its plausibility without for a moment considering that I might be weaving a web not only to catch myself in but one which would be very difficult to unravel. My furthest expectation was that it would be sent to one of the treason-shrieking presses, and when exploded would produce lots of fun. I fancied such a sell would be apt to quiet their howls. My only belief was that it would be either immediately seen through or if the fish took the bait it would be sent to the Tribune, drawing from that admirable journal a yell of intense satisfaction.

{p.1251}

What that letter contained I do not distinctly remember. I know I used nothing but initials, leaving it entirely to the well-known ingenuity of the very penetrating Detroiters to fill out the blanks. Not an hour passed after the conception of this piece of folly before the letter was in the post-office.

After it was written, not knowing who best to address it to I left it to chance by picking up a Detroit paper, looking through the advertising list and at length selecting the name I think of M. Mills. Weeks passing away and nothing being heard from this fanciful practical joke, it passed from my mind until my place of residence was visited by one Jenkins alias Whiting. The name used, his visits to the post-office, &c., caused me to suspect something wrong and to fear more serious results from my joke than I ever anticipated. I was on my way to Ypsilanti to look after some property fallen to my family at the time of my arrest. I was not surprised, but after thinking over all I could remember of that doubly-accursed letter I felt very much distressed. I then for the first time realized what I had done. For myself I did not so much care. I felt I deserved all I suffered. I feared, and greatly feared, that I had been instrumental in casting suspicion on good and loyal men; that they might at that very moment be under arrest with no other evidence against them than such as my folly had furnished. Influenced by such fears I begged they would give me an immediate examination, but either from want of inclination or want of power it was refused.

I have only one word more to say in connection with this letter. I beg and pray that whatever penalty is attached to thin act may be confined to the only party guilty, and that nothing in it be allowed to reflect upon any one whom it may seem to hint at. I should certainly feel myself the worst of men if any act of mine however innocent in intention should cast a stain of disloyalty upon others. I speak of this letter as if I knew it to be the only charge against me. I do not know it. I simply know it to be the only thing wherein I am guilty. As for any other act of treason I can only say I belong to no secret society, was never even tempted to join any such society, or to commit any act whatever favorable or otherwise to the Confederate States. Also to the best of my knowledge I never saw a secessionist until my advent here. As an act of justice to the Detroit Free Press I desire to state that the manuscripts found in my trunk addressed to that paper were never sent, and were only written to pass away the time. No communication was ever sent by me to that paper more than a subscription letter.

I repeat my only object in writing this communication is if possible to relieve others of any suspicion which may have fallen upon them through me. To further this object I am willing to attest to what I have here written under oath. For myself I leave myself as I needs must at your disposal, only praying that I may not be too severely handled for one moment’s indiscretion.

Very respectfully, yours,

GUY S. HOPKINS.

–––

DETROIT, December 1, 1861.

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

DEAR SIR: ... While in Fort Lafayette on the 28th ultimo I was told by Lieutenant Wood that Doctor Hopkins wished to make a communication to the Secretary of State of something which was of the utmost importance and would no doubt save much trouble if {p.1252} revealed soon. I have no doubt in my mind but what he is able to do that which he states, and requested Lieutenant Wood to keep his friends (Wattles and Butler) away from him for a few days at least, as he is evidently repenting his rash course. Both Wattles and Butler avowed themselves in presence of Mr. Whiting and myself as opposed to this war and in sympathy with the South.

There is something strange about the whole affair. Doctor [Hopkins] was going to join the army near Washington; Wattles was looking for a chance as lieutenant in Captain Beach[’s company] (a suspected party) of Eleventh Regiment, with Charles Stuart as colonel (who is mentioned in North Branch letter). The query is, for what reasons? And as three of them are known to be in sympathy with the South and many more of same pattern joining, it looks strange indeed, and but one conclusion to arrive at, i.e., traitors, which is shown from the fact of the clause in North Branch letter where it speaks of “the league is doing noble work even [among] the F. S. at Ft. M.”

We will do our best to sift this matter thoroughly, but if in any way you can get this Dr. Guy S. Hopkins statement (which he proposes to give) it would aid us materially as we have sharp, jealous enemies to work against in this matter.

Hoping that you will give the above ideas and suggestions (if approved) your earliest attention I remain, yours with respect,

GEORGE R. BARSE, U. S. Deputy Marshal.

–––

DECEMBER 2, 1861.

[W. H. BARSE, Deputy U. S. Marshal:]

At the request of Alfred Russell, U. S. attorney, having received information of the treasonable sentiments of various individuals residing in and about North Branch, Lapeer County, Mich., did proceed to the above-named place to ascertain the facts of the same on the 7th of November ultimo. Having reference to Samuel Carpenter, sheriff of said county, learned from him that it was the common report that Isaiah Butler, David C. Wattles and Guy S. Hopkins with many others were secessionists, and openly avowed themselves as such. I employed him to accompany me as a hunter through the woods thirty-four miles to the above-named town, he having an excuse on business there. I stopped over at the house of said Isaiah Butler. After being introduced as one Richard Jenkins, of McComb, Mr. Butler introduced me to Hopkins, which opened the way for investigation.

On the following day I had an interview with H. C. Sherwood at the school-house, about one mile and a half from there from whom I received the following statement: That Butler, Hopkins and Wattles with others had raised a secession flag, but that Sherwood, Scott, Bunker, himself and others informed Butler if he did so they should certainly destroy his property, with which they replied that if they were interfered with they would murder the whole of the damned abolitionists there were in the settlement; hurrahed for Jeff Davis, and cursed the damned Lincolnites, &c. On the 14th while Private Calvin Hills, of Kellogg’s cavalry regiment, Company H, stationed at Saint Louis, was returning home and passing Butler’s farm, Butler and Hopkins ran out and gave three cheers for Jeff. Davis. The poor fellow feeling very bad, as he was then on his way to see to his little children, having lost his wife the week previous, he told me that if he was on duty he should arrest them, but was then on furlough. On the evening of same day {p.1253} Butler, Hopkins, Pemberton and others met in the bar-room of Butler when Butler made a speech on the right of secession, and avowed himself an advocate of the doctrine of such.

He [Butler] appears to be a main of good talents and has an unwielding influence with the whole settlement around him, and his house is the headquarters for the transaction of all business which gives him an opportunity to poison the minds of many citizens. I also learned that Hopkins traveled a great deal about the country. In conversation with him when there we talked about the war and the Government which he denounced as unjust and tyrannical, and that it was no Government at all and many such like expressions, and I learned from many good and loyal citizens in that section of country he was denounced as an open and avowed secessionist, which I think is true Wattles is a man of some influence. He is the supervisor of the town of North Branch, and from all I could learn was with Butler and Hopkins most of his time, and was traveling about a large share of his time with no particular business except talking about the “damned black abolitionist Government,” and boasting of his secession principles, &c. There are many little incidents connected with the above investigations of a sojourn with them of ten days and facts brought to light that should they be required can be given.

As Doctor Hopkins informed me that he had received an appointment as a clerk in the dispensary department at Washington he should leave there in the course of two weeks I made arrangements with Mr. Sherwood, the postmaster, that when Hopkins left to inform me by mail. He left on the 18th. On the 19th I received a letter as agreed at Detroit advising me of the fact, and on 20th met him at Detroit and Milwaukee Railroad depot, having just arrived. I arrested and placed him and his baggage and papers in the hands of W. H. Barse, who took charge of him. I then started back on the 21st to arrest Messrs. Butler and Wattles, and employed sufficient help by order of Mr. Barse to assist me in carrying out my plans, and succeeded in so doing. On searching for papers at the residences of prisoners they immediately informed me that I had not been smart enough, and that I had been suspected, &c.; but from the time of their arrest until left at Fort Lafayette they did not acknowledge themselves as Union men, and would not renounce their sentiments if they knew they were to be shot.

JOSEPH P WHITING, Detective.

–––

DEPARTMENT OF STATE, December 9, 1861.

The Secretary of State presents his compliments to the Secretary of War and does himself the honor to inclose a letter from the U. S. attorney for the district of Michigan, and to ask if as is therein stated Mr. Stuart, late U. S. Senator from Michigan, has been authorized by the Department of War to raise a regiment in that State. The return of Mr. Russell’s letter is requested.

[Inclosure.]

OFFICE OF THE U. S. DISTRICT ATTORNEY, Detroit, December 6, 1861.

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

SIR: There exists in this State an extensive branch of the treasonable organization known as the Knights of the Golden Circle. A letter {p.1254} directed to the Hon. Robert McClelland, ex-Secretary of the Interior, a resident of this city, implicating himself and ex-Senator Charles B. Stuart, of Kalamazoo, was intercepted here, and a copy has been furnished you. Since that time the writer, Dr. Guy S. Hopkins, of Lapeer County, Mich., has been discovered with three confederates mainly through the exertions of Joseph P. Whiting, sheriff of this city, and they have been sent to Fort Lafayette. Ex-Senator Stuart holds a commission from the Secretary of War to raise a regiment. I venture to suggest that the commission ought to be revoked and that both of those gentlemen are worthy of a place in Fort Warren. Permit me also to recommend the appointment of Mr. Whiting as secret agent here in addition to Mr. Barse, to be charged with the special duty of breaking up the order referred to.

I am, sir, with great respect, your obedient servant,

ALFRED RUSSELL, Acting U. S. District Attorney, Michigan.

–––

[DETROIT, December 9, 1861.]

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

SIR: ... The “S.” above [following] is the same that is mentioned as Captain S. in the mysterious letter* sent you some days since, and written by Guy S. Hopkins, now confined in Fort Lafayette.

BARSE.

* See p. 1248.

[Inclosure No. 1.-From the Pontiac Gazette.]

THE ARRESTS FOR TREASON IN LAPEER COUNTY.

We understand that three men charged with treason were last week arrested by the U. S. marshal in Lapeer County and taken to Fort Lafayette. One of them is said to have objected to being handcuffed, when the marshal told him he could take his choice between the contents of a revolver or being handcuffed, when the contumacious traitor permitted himself to be shackled. We understand that these men were proven to be disloyal by certain letters they had written to parties South which of course never reached their destination but went to the dead-letter office, when their treasonable contents were known and their authors ordered to be “nabbed.” One of the prisoners, a Mr. Butler, is said to have formerly resided in Auburn, this county.

We learn that the proper authorities have the names of several in this county who if evidence can be obtained to prove their secession proclivities will follow in the infamous footsteps of their Lapeer brethren in treason.

[Inclosure No. 2.]

KIDNAPPING.

LAPEER, December 1.

To the EDITOR OF THE DETROIT FREE PRESS:

Democrats up here are kidnapped and stolen away to Fort Warren or somewhere else and for what no one knows, unless it be because he is a Democrat; and it is said that several others are marked to go also. Perhaps you may not know to what I refer. One week ago to-day two persons claiming to be U. S. marshals went north of us about twenty {p.1255} miles and took two men, D. C. Wattles and I. Butler, residents of the township of North Branch, in this county. Mr. Wattles was the supervisor of the town. The officers said they had committed treason against the country and at the same time refused to go anywhere where the prisoners could get any one to assist them but avoided all settlements and villages, so that no one here, even their friends, know what has become of them or where they are taken to or for what they were taken, but as the Republicans up here say it is enough to know that they were Democrats; so we cannot tell who must go next time; but the Lord have mercy on the officer that comes again for I cannot.

S.

–––

DETROIT, December 10, 1861.

Hon. WILLIAM H. SEWARD.

DEAR SIR: I inclose two slips, the first cut from the Detroit Daily Tribune of the 7th instant, and the other from the Detroit Daily Free Press of this date. They have attracted my attention from the following circumstance:

During General Pierce’s stay in Detroit as I was returning to my home about 9 in the evening in passing down Fort street I overtook three men, one of whom I immediately recognized as Col. T. F. Brodhead, and another I took to be General Pierce, though I had not before seen him. It was the day news came that Mayor Berret* had been sent to Fort Lafayette, and as I was nearly up with and about to pass them one of the three made some remark in regard to that event, when the man I took for General Pierce promptly said, “They must stop that sort of thing or there will soon be fighting at the North, and we shall have to send for you to come back, Colonel Brodhead.” Either from being aware of my presence or some other reason the conversation changed without any response that I heard and was in another tone while I passed by and out of hearing.

The next day or so I learned that General Pierce in company with Colonel B. and another man went down Fort street, as I had seen, leaving no doubt on my mind that it was the ex-President who made the above remark to Colonel Brodhead (who was an officer under him in the Mexican war and had the office of postmaster in Detroit during his administration). He is now colonel of a regiment of cavalry in camp near this city. Perhaps the importance I have given this matter is in part from an inquiry addressed to me two or three days since by one who has lost a minor office under the Government. In a tone that might be taken either jest or earnest he said, “Do you know they are going to establish a provisional government, and make some conservative man President in place of Lincoln?” To my reply that such an attempt would create a brisk demand for hemp he said “that Lincoln had established a provisional government in Missouri, and now they were going to do the same by him and settle all our troubles in ninety days.” This was T. C. Fitzgibbon, lately mail agent on the Detroit and Milwaukee Railroad. I have incidentally heard it said that a son of ex-Minister Faulkner had been in this city in conference with R. McClelland, esq., who was with Mr. Davis in President Pierce’s cabinet.

These incidents may be of little consequence unless there are other reasons for suspecting an organization hostile to the Government to {p.1256} which the ex-President is lending his position and influence. The Tribune editor has had no information from me nor have I spoken to any one of what I tell you, as I could see no use in it unless given to some one with authority to act in the matter if necessary.

Yours, truly,

J. A. ROYS.

* See case of Berret, p 596.

[Inclosure No. 1.-Editorial extract from Detroit Tribune. December 7, 1861.]

EX-PRESIDENT PIERCE’S TOUR.

There is little doubt but that ex-President Pierce’s tour through the North and into the Southern States is to foster division among the people, excite sedition, and to get up an organized treasonable opposition to the efforts of the Government to crush out rebellion in the Northern States. He goes through State after State the avant-courier of the rebellion to stir up sympathy for the rebel traitors in arms. While in this city he was closeted with a select circle who are known to be doubtful in their loyalty; he made a speech to them; and since he left Detroit more than one of that secret circle have said to others who were invited but would not be contaminated by the foul conspiracy, “You ought to have heard ex-President Pierce last night; he would have cured you of the idea of supporting this Government in this d-nable war.” Our opinion is that Franklin Pierce is a prowling traitor spy.

[Inclosure No. 2.-Extract from Detroit Free Press, December 10, 1861.]

EX-PRESIDENT PIERCE.

Ex-President Pierce has lately been making a short tour through a portion of the West, and the fact being mentioned the opportunity has been embraced by a number of journals to impeach his patriotism and openly charge him with treason, or what is about the same sympathy with treason. We have seen or heard of nothing and know of nothing that he has either said or done upon which to ground any such charge, and we believe those who so flippantly make it are equally as ignorant in that respect as ourselves. On the contrary he has made a few short speeches, the tone of which has been one of loyalty and devotion to the Union and the Constitution. We know that while in this city he stated that he would rather see Joseph Holt President than any man living. Men who feel thus have no sympathy with this attempt to break down the Constitution and laws by force and thus destroy our Government. We have no sympathy or respect whatever for treason-mongers or treason-sympathizers, and just as little for those who in the present state of the country so flippantly and infamously charge treason and disloyalty upon political opponents without knowing or caring anything about the facts.

–––

WAR DEPARTMENT, December 11, 1861.

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

SIR: In reply to your note referring a letter of Alfred Russell, esq., U. S. district attorney for Michigan, relating to the authority given by this Department to ex-Senator Charles E. Stuart to raise a regiment of cavalry I have the honor to inclose copies of correspondence* {p.1257} between Mr. Stuart and this Department on that subject, from which it will be seen no such authority was given him by this Department.

I am, sir, very respectfully,

THOMAS A. SCOTT, Assistant Secretary of War.

* Omitted as unimportant.

–––

DEPARTMENT OF STATE, Washington, December 20, 1861.

FRANKLIN PIERCE, Esq., Concord, N. H.

SIR: I inclose an extract from a letter received at this Department from which it would appear that you were a member of a secret league the object of which is to overthrow the Government.

Any explanation upon the subject which you may offer would be acceptable.

I am, &c.,

WILLIAM H. SEWARD.

[Inclosure.]

NORTH BRANCH, October 5, 1861.

...

President P-in his passage has drawn many brave and influential men to the league. P-y, of the L. C. D-t, sent a line to Doctor F- (by H., the Mormon elder), who as you perhaps know is just across the line from Port H-. The league is doing nobly in M., I. and Wis. He is cautious, but in common with others is gradually preparing the minds of the people for a great change. He expresses a fear that any attempt to draft men will produce a premature outbreak. I think his fear is well founded. A member of the league in Genesee who passed through the woods on his way with dispatches to Doctor F-told that any attempt to draft our friends there would bring on an open rupture. I think our leaders should look to this, as no doubt they will. ... *

Yours, in the cause,

{cryptic}

* This inclosure is an extract from the anonymous letter at p. 1248, addressed to “R. M. C.”

–––

ANDOVER, MASS., December 24, 1861.

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

SIR: A package indorsed Department of State, U. S. A., franked by W. Hunter, chief clerk, and addressed to Franklin Pierce, esq., Concord, N. H., was received by me to-day, having been forwarded from the place of my residence. But for the stamped envelope and the handwriting of Mr. Hunter with which I am familiar I should probably have regarded the inclosures as an idle attempt at imposition in which your name had been surreptitiously used. I must I suppose, though I do so reluctantly, now view it in a different light. In the note bearing your signature you say:

I inclose an extract from a letter received at this Department from which it would appear that you are a member of a secret league the object of which is to overthrow the Government. Any explanation upon the subject which you may offer would he acceptable.

It is not easy to conceive how any person could give credence to or entertain for a moment the idea that I am now or have ever been connected {p.1258} with a secret league or with any league the object of which was or is the overthrow of the Government of my country. Surprise, however, only increases as I pass from your note to the extract to which you refer as a sufficient basis for an official communication. Incoherent and meaningless as this extract from the vagaries of an anonymous correspondent seems to me to be it is not a little singular that it should have been sent for explanation to one who during his whole life has never belonged to any secret league, society or association. My name does not appear in the extract, and as there is not the slightest ground for any reference to me in the connection indicated I take it for granted that your inference is wholly erroneous and that neither I nor anything which I ever said or did was in the mind of the writer.

Nothing but the gravity of the insinuation, the high official source whence it emanates and the distracted condition of our recently united, prosperous and happy country could possibly lift this matter above ridicule and contempt. Not therefore because explanations would be acceptable but because this correspondence is to hold a place upon the files of the Department of State long beyond the duration of your life or mine, and because I would leave so far as I am concerned no ambiguity upon the record, it is proper-perhaps it is my duty-to add that my loyalty will never be successfully impugned so long as I enjoy the constitutional rights which pertain to every citizen of the Republic, and especially the inestimable right to be informed of the nature and cause of accusation and to be confronted face to face with my accusers.

Love for our whole country, respect for the reserved rights of the States, reverence for the Constitution and devotion to the noble Union which for so many years reposed securely upon that sacred instrument, have been interwoven with my best hopes for civil liberty, my deepest emotions, and my sternest purposes from youth to age. If I have failed to illustrate this in official station, in private life and under all circumstances where it became me to speak or act I have labored under a singular delusion, consciousness of which would embitter more than anything else the present hour and such remaining hours or years as may be in reserve for me.

I am, sir, your obedient servant,

FRANKLIN PIERCE.

–––

FORT HAMILTON, New York Harbor, December 25, 1861.

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

SIR: Inclosed you will please find a letter written by a prisoner in Fort Lafayette to John M. Wattles which I think proper to pass through your hands.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

[Inclosure.]

FORT LAFAYETTE, December 24, 1861.

DEAR BROTHER: I wrote you under date of the 5th instant which I suppose you have received ere this writing. I did not give you the particulars of my arrest presupposing that you had got them from home. I also refrained from giving you a detail of the treatment to {p.1259} me from the time of my arrest to my arrival here, being assured that any communication reflecting upon the cruelty, injustice and inhumanity practiced upon me would not be permitted from the hands of the commander of the post. But feeling somewhat assured that you have received my letter informing you where I am, &c., I feel more independent and write with less care and anxiety whether this is forwarded or not.

It may be useless for me to go into all the minutiæ of what transpired since my arrest, but suffice it to say that on my arrival at Detroit I was taken to the Detroit House of Correction, put into a cell the only furniture of which consisted of an iron bedstead, a narrow straw tick filled so full of marsh hay or seaweed as to be entirely round and about twenty inches in diameter, a pillow of the same material, one blanket, and a tub for the necessities of nature, kept in irons during the night without supper; taken out next morning and taken to Toledo before breakfast, having fasted twenty-four hours. On my arrival at New York I was confined one night in the basement of the police office in a cell with only a rude bench for a bed, with not a rag nor even a fire to protect me from the cold. In addition to all other wrongs and injuries I am arbitrarily held and imprisoned without indictment; have not been confronted with my accusers; have been denied the right of a speedy and public trial by an impartial jury; have been conveyed out of the State in which I was arrested (where if at all a crime had been committed). Should you be led to inquire the cause of my arrest I can only say of that I am as ignorant as yourself I have suspicions, it is true, but they are vague and uncertain. I sometimes think it is through the false and malicious misrepresentations of some political opponent. Let the cause be what it may all that I desire is to be confronted with accusers, well knowing that a charge of disloyalty cannot be sustained against me. But it seems that I am denied all the constitutional rights of an American freeman.

Nor am I the only sufferer; there are many others here in the same category. Men are arrested and placed in confinement here upon a telegraph dispatch from Secretary Seward without any charge against them whatever. It is indeed deplorable to think that a once free and happy Government like ours (the freedom of which was purchased with the blood of our ancestors) should be so completely given up to a military despotism; but why should we be surprised when we consider that a new era has been established, that instead of kidnapping of negroes as we have sometimes read of, a system of the kidnapping of white men is now quite extensively carried on. We were restrained from having any intercourse with any one on the way, and we have every reason to believe that we were secretly represented as being counterfeiters.

Mr. Jenkins, alias Jo. Whiting, a deputy marshal from Detroit, who came up to make the arrest of Butler and myself is a base scoundrel. It was he who put the irons on me previous to my arrival at Detroit. He coupled us together with a pair of handcuffs on leaving the Detroit House of Correction. On arriving at the junction of the Michigan Southern and-Toledo Railroads and while standing in the warehouse Waiting the arrival of the cars I remarked to Butler that I thought it Was rather hard to freeze and starve too; where upon one of the overseers or officials of some kind standing near, hearing the remark, said insultingly, “Good enough for you. You had no business to be caught in such a dirty scrape.” This insult although made within the hearing of Whiting passed without comment or rebuke-indeed I should judge {p.1260} he seemed to enjoy and sympathize with the ruffian who offered it. On entering the cars we were joined by Deputy Marshal Barse from Detroit, under whose instructions the irons were removed, and from that time forward we were treated by him with the courtesy and kindness becoming a gentleman; and as I only look upon him as a tool in the hands of wicked men I shall always remember him with kindness.

Lieut. Charles O. Wood, commander of this post, seems to be very gentlemanly in his demeanor toward the prisoners confined here. Sergeant Reed is also rightly esteemed by the prisoners. We all hail with joy the hour which he is on guard duty, as there are many things connected with the duties of sergeant of the guard toward the prisoners in which he can treat them with kindness and civility or otherwise. If I knew that my business affairs had already suffered so much that I shall not be able to recover from the ruin already effected it would make but little difference to me whether they let me out this winter or not. We are faring first-rate and having a good time generally. There are seven of us occupying a room about eighteen feet by twenty-four feet, with a good wood fire, plenty to eat, and have a variety of amusements. We are allowed to walk in the inner court of the fort one hour in the morning and evening (with now and then an exception when Sergeant Reed is not on guard duty). We were expecting to have an oyster supper for Christmas but we have just learned that owing to the roughness of the harbor we shall not be able to get them in time.

Tell me of the success of Captain Beach in getting his company filled in time to go into rendezvous at Flint with the Tenth Regiment, and who the officers are, &c. I wrote to Susan a day or two after writing to you informing her of the best course that I knew of to get my case investigated. It seems to me that in some cases that influence is of greater importance than innocence to obtain a release from imprisonment. I think that Colonel (now General) R. would have as much influence with the administration toward obtaining for me an investigation as any one. I am looking for the arrival of a letter from you by the middle of this week. I hope I shall not be disappointed. I suppose that our county is now districted into two representative districts to the particular liking of the Republicans. Had Supervisor Deming left before the meeting of the board? Send to Susan the first opportunity. Tell her to be of good cheer; that all will be right when the end comes. We have just had a new arrival of prisoners from Texas, some three or four of whom have been allotted to our room. We are therefore in uproar and confusion at present. In consequence I shall have to close writing for this time. Write soon and remember me to all the friends.

Your affectionate brother,

DAVID C. WATTLES.

–––

DEPARTMENT OF STATE, Washington, December 30, 1861.

FRANKLIN PIERCE.

MY DEAR SIR: An injurious aspersion on your fair fame and loyalty came into my hands. Although it was in an anonymous letter the writer was detected and subsequently avowed the authorship.* The document must become a part of the history of the times. I desired that you might know how your name was made use of by a traitor to increase the treason he was encouraging. Unable to prepare a note to you personally I devolved the duty on the chief clerk of this Department. {p.1261} The manner in which it was done has given you offense. I regret it and apologize for it with the only excuse I can make, namely, the necessity of employing another head to do what ought to be done and yet which I had not time to do personally. I place your answer on the files of the Department of State as an act of justice to yourself, and I beg you to be assured that all the unkindness of that answer does not in the least diminish the satisfaction with which I have performed in the best way I was able a public duty with a desire to render you a service.

I am, with great respect, your obedient servant,

WILLIAM H. SEWARD.

It may be proper to state that adopting the form of address to ex-Presidents of the United States used by the late Mr. Webster I have invariably left off all titles of address as being most respectful.

* See letter of Hopkins to Seward, p. 1250.

–––

CONCORD, N. H., January 7, 1862.

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

DEAR SIR: I have the honor to acknowledge the reception of your letter of the 30th ultimo. It could hardly have surprised you to learn that I failed to discover in your official note a desire to render me a service. You will excuse me if I regard even a suggestion from a source so eminent that I am “a member of a secret league the object of which is to overthrow this Government” as rather too grave to have been sent off with as little consideration as a note of rebuke might have been addressed to a delinquent clerk of one of the departments.

The writer of the anonymous letter it seems “was detected and subsequently avowed the authorship,” and yet I am not advised whether he disavows reference to me or whether there was an attempt to inculpate me in his disclosure. These were the only facts connected with him, his treason or his confession at all material for me to know. I suppose I am left to infer the latter, because although my name does not appear in the extract to which my attention was particularly called you still state that an aspersion upon my “fair fame and loyalty” came into your hands. I think you will upon reflection arrive at the conclusion that the whole ground upon which the allegation is repeated should as a simple act of justice have been placed before me. It was not the manner of your official note as you seem to suppose nor any form of address which awakened on my part a deep sense of wrong. These whatever they may have been were not worthy of serious notice. The substance was what I intended as courteously as I could but very distinctly to repel.

I am, very respectfully, your obedient servant,

FRANKLIN PIERCE.

–––

FORT LAFAYETTE, February 3, 1862.

EDITOR NEW YORK TIMES:

You will confer a favor and at the same time do an act of justice to the undersigned by correcting a misstatement in your Washington dispatches in to-day’s issue under the head of arrests in Michigan. It is stated that the undersigned together with Matthew Hodge and R. R. Boyle* were arrested at North Branch for destroying the mails. We {p.1262} know nothing of the mails being disturbed, the arrest of Hodge or Boyle, having been prisoners in Fort Lafayette since November 27, 1861. Neither do we know the charges against us, having been held in prison nearly three months without trial or examination.

DAVID C. WATTLES. ISAIAH BUTLER.

* No record of the arrest of Hodge and Boyle can be found.

–––

FORT LAFAYETTE, Tuesday, February 11, 1862.

N. H. HART, Esq.

DEAR SIR: I have long hesitated to write to any gentleman in Michigan for reasons which would occupy too much room to detail. I am nearly as you know a stranger in Lapeer County. In looking over my limited list of acquaintances I thought of you as one who would not refuse to do me a trifling favor. For some time after my imprisonment I was under the impression that few letters from prisoners got outside of the walls of Fort Lafayette. To test the matter I wrote two or three letters full of nonsense to some person far away in the woods of North Branch. I this morning received indubitable evidence that they at least had passed in the shape of a wretched scrawl from a virgin of Canada stock. It may have contained very important news but Baron Humboldt could not have deciphered its meaning. Saving this epistle I have not heard a word from Michigan since my arrest. I have requested permission to send for the Daily Free Press but have received no reply pro or con. I wish to know whether any publicity through the press has been given to the arrests in Michigan. If so you would be doing me a great kindness by sending the papers to me at Fort Lafayette.

You can understand my object when I inform you that I have been left in total ignorance of the cause of my arrest, never having received the slightest intimation of the charges against me more than was embraced in the general one of disloyalty. Our country has undergone a marked change from the past when an American citizen can be held months in prison without warrant, trial or even examination. This is a display of authority for which I can find no excuse even under the widely usurping plea of necessity. Under no circumstances certainly should the innocent be punished and I cannot possibly see any danger to the country in a few obscure men receiving at least a trial.

To the few persons in Michigan whose good opinion I should be proud to possess I can only say whatever may be the pretended charges against me defer your judgment until you hear both sides. Believe me, sir, I am no traitor, unless indeed a freely acknowledged hatred of abolitionism be deemed treason. No man would more willingly give his life to see our country restored to peace and unity. Just as freely would I give my heart’s blood to see crushed out that accursed insurrectionary element of Northern society called abolitionism, in which organization is embraced all the damnable, fanatical and demoralizing isms known to our country.

I saw a paragraph in the New York papers among the Washington dispatches which stated that Wattles, Butler, Hodges and Boyle had been arrested for destroying the mails. This of course is a mistake. Mr. Wattles and Butler knew nothing of my arrest until they found themselves enjoying the luxuries of the same boarding house. (It was stated that the destruction of the mails was in revenge for my arrest.) I further saw that Hopkins was a member of a secret traitorous organization called the Knights of the Golden Square. This is the most absurd nonsense. There is to my knowledge no such society in existence; {p.1263} certain I am, not in the loyal State of Michigan. Would to God the Black Republicans were half as patriotic as the Democrats of Michigan. Mr. Wattles and Butler are as innocent of any act or intent of treason as the best Union man in Lapeer. They are deserving of the best efforts of every Union man to restore them to their families. I fancy Hodges and Boyle have been guilty of some trifling act of insurrection which has been grabbed at to make them trouble.

Excuse this letter and send me, if possible, the information I request.

I am, truly, yours,

GUY S. HOPKINS.

–––

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: ... Guy S. Hopkins, David C. Wattles, Isaiah Butler. ...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

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 ... Guy S. Hopkins and Isaiah Butler ... prisoners at Fort Lafayette, released in obedience to your telegraphic dispatch of the 21st instant. ... 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.

GUY S. HOPKINS. ISAIAH BUTLER. [AND 34 OTHERS.]

–––

FORT LAFAYETTE, February 22, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: The indulgence offered me this day by the commander of Fort Lafayette was refused on the following grounds: I was arrested without legal warrant, was dragged to the city of Detroit in irons, there placed in a felon’s cell; was told by the prison keeper that I was to be taken immediately before the U. S. commissioners for examination on a charge of treason. Instead thereof I was conveyed to this place; have been {p.1264} held here three months in prison not only without trial, but unnoticed and apparently forgotten. I reside in the loyal State of Michigan. I am and have always been a loyal citizen; have said or done nothing worthy the treatment I have received. I therefore objected to accepting my liberty on parole, as it will be held an admission of a treason of which I have never been guilty. I demand a trial or an unconditional release. I am ready to enter into recognizance with sufficient surety to appear for trial whenever and wherever it may be necessary for that purpose.

Yours, most respectfully,

DAVID C. WATTLES.

–––

FORT LAFAYETTE, March 12, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I addressed you on the 22d ultimo on the subject of my release. In asking for a trial I hoped should that right be accorded to me I should thereby be able to learn who had been instrumental in my arrest. Abandoning all such hopes, and expecting to be obliged to look elsewhere for such information, I am induced to make application for my release in accordance with Executive Order, No. 1, of the War Department,* dated February 14, 1862, which application you will please find inclosed.

Yours, most respectfully,

DAVID C. WATTLES.

* See p. 221 for this order.

[Inclosure.]

Hon. EDWIN M. STANTON, Secretary of War:

I, David C. Wattles, of Michigan, a prisoner confined in Fort Lafayette, hereby make application to be released from custody on my parole of honor to render no aid or comfort to the enemy in hostility to the Government of the United States, in accordance with the terms of Executive Order, No. 1, of the War Department, dated February 14, 1862, in reference to political prisoners.

DAVID C. WATTLES.

–––

ELMIRA, CHEMUNG COUNTY, N. Y.

Hon. WILLIAM H. SEWARD.

SIR: I was last November arrested by your order in Detroit, Mich. My papers and book have never been returned, neither can I learn anything about them. The papers are too valuable. I request their return to me at this place. I would also most respectfully beg leave to inquire if after three months’ detention in prison and there obliged to expend the little means I possessed to save myself from starvation if I am now to depend upon charity to get home? I would respectfully suggest that you send me a pass to Chicago, Ill.

I am, very respectfully,

GUY S. HOPKINS.

–––

CONCORD, N. H., March 24, 1862.

Hon. MILTON S. LATHAM, U. S. Senate, Washington, D. C.

MY DEAR SIR: I inclose a short article from the Saturday evening edition of the Boston Journal (March 22), the substance of which it is {p.1265} quite probable you may have seen before. Having originated in Michigan and been reproduced in Boston it can hardly be doubted that it has already secured a wide circulation. The subject is not new to me. It was the occasion of a correspondence between the Secretary of State and myself as early as December last. I thought it reasonable to suppose at the close of that correspondence that the matter would cease to attract notice. This expectation not having been realized and the offensive charge alleged to be based upon a document the original of which “is now in the State Department at Washington” having been revived and extensively published, will you do me the favor to introduce in the Senate a resolution calling for the correspondence to which I have referred.

It will strike you I am sure both upon public and personal grounds that such imputations should not be permitted thus to circulate unchallenged, especially when an answer to them at least so far as I am concerned has been for months upon the files of the first Department of the Government.

I am, very truly, your friend, &c.,

FRANKLIN PIERCE.

[Inclosure-Editorial extract from the Boston Journal, March 22, 1862.]

TREASONABLE PLOT IN MICHIGAN.

The Detroit Tribune publishes a curious document revealing an attempt in that State last fall to organize a league for the purpose of overthrowing the Federal Government. This object is plainly avowed in a secret circular, which declares the purpose of the movement to be “to rise and unite if necessary with the a- [army] of the S- [South], overrun the N- [North] like a hurricane, sweeping the A- [Administration] into eternity, or at least driving them into complete and unconditional submission.” The document is dated October 5, 1861, and says the league is doing a noble work in Maryland and among the soldiers at Fort Monroe, and that “President P- [President Pierce] in his passage has drawn many brave and influential men to the league.” The Tribune says the original of the document is now in the State Department at Washington, and that it led to the arrest and imprisonment of several persons in Fort Lafayette. It was discovered that secret organizations existed in many towns in Michigan and in numerous places in Canada West.

–––

Resolution adopted by the U. S. Senate March 26, 1862.

Resolved, That the Secretary of State be directed to transmit to this body copies of any correspondence which may have taken place between Hon. William H. Seward, Secretary of State, and Hon. Franklin Pierce, ex-President of the United States, having reference to a supposed conspiracy against the Government, and all other papers relating to the same.*

* The original resolution was introduced by Senator Latham and was the occasion of considerable discussion. After being amended it passed in the above form. For full proceedings of the Senate in this matter see Congressional Globe for March 27, 1862, pp. 1370-1371.

{p.1266}

–––

DEPARTMENT OF STATE, Washington, March 31, 1862.

Hon. HANNIBAL HAMLIN, Vice-President of the United States and Pres. of the Senate.

SIR: In compliance with the resolution of the Senate of the 26th instant the Secretary of State has the honor to transmit a copy of the correspondence* between this Department and the Hon. Franklin Pierce, ex-President of the United States, upon the subject of a supposed conspiracy against this Government and of all other papers on file here relating to the same.

WILLIAM H. SEWARD.

* Omitted here. The correspondence transmitted included Seward to Pierce, December 20, with the inclosed extract from the anonymous letter of October S. p. 1257; Pierce to Seward, December 24, p. 1257; Seward’s response, December 30, p 1260; the anonymous letter entire, addressed to “R. M. C.,” p. 1248; Hopkins to Seward, November 29, p. 1250, but did not include Pierce to Seward, January 7, 1862, p. 1261. The omission occasioned further debate in the Senate, during which Senator Latham read the omitted letter, which appears in the proceedings of the Senate printed in the Congressional Globe for April 3, 1862, pp. 1489-1490.-COMPILER.

–––

HOUSE OF REPRESENTATIVES, April 1, 1862.

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

SIR: I will be obliged if you will inform me of the Christian name and residence of the Doctor Hopkins who is mentioned in a debate on a resolution of inquiry offered in the Senate by Mr. Latham on the 26th ultimo at the instance of ex-President Pierce. Persons in my district who have an interest in ascertaining the identity of the person in question desire me to obtain the information.

Very respectfully, your obedient servant,

CHAS. J. BIDDLE.

–––

DEPARTMENT OF STATE, Washington, April 4, 1862.

JOHN W. FORNEY, Esq., Secretary U. S. Senate, Washington.

DEAR SIR: Your letter of the 3d instant has been received. In reply to your inquiry I have to inform you that the full name of the Doctor Hopkins mentioned in the “Pierce correspondence” is Dr. Guy S. Hopkins.

Very truly, yours,

F. W. SEWARD.

–––

COMMISSION RELATING TO STATE PRISONERS, New York, April 8, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: We have the honor to inform you that we have had under consideration the case of Mr. David C. Wattles, of North Branch, Mich., and respectfully recommend that he be discharged from custody upon giving his written parole of honor not to render aid or comfort to the enemies in hostility to the Government of the United States, being the conditions upon which he was tendered his discharge on the 22d day of February last by your order.

We have the honor to be, very respectfully, your obedient servants,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

{p.1267}

–––

COMMISSION RELATING TO STATE PRISONERS, New York, April 9, 1862.

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

COLONEL: The following prisoners, viz, David C. Wattles ..., having given their parole of honor to reminder no aid or comfort to the enemies in hostility to the Government of the United States, you may discharge them immediately.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

[NEW YORK,] April 9, 1862.

I, David C. Wattles, of North Branch, Lapeer County, Mich., do 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.

DAVID C. WATTLES.

Signed in presence of-

E. D. WEBSTER, Secretary.

–––

FORT HAMILTON, New York Harbor, April 10, 1862.

Brig. Gen. L. THOMAS, Adjutant-General of the Army, Washington, D. C.

SIR: I have the honor to inform you that out of ten men sent before the commissioners in New York City day before yesterday four have been released, viz, David C. Wattles, ... on parole of honor not to aid the enemy. ...

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel Third Artillery.

–––

Case of Fernando Wood.

MAYOR’S OFFICE, New York, November 27, 1861.

Hon. WILLIAM H. SEWARD.

DEAR SIR: An effort will be made to prejudice me in the estimation of the Government by representations affecting my support of the war movement, &c. This is designed to induce the administration to become a party actively hostile to my re-election as mayor, and to injure me before the people. I hope you will defend me against any such attempts in your quarter. I am for a vigorous prosecution of the war, for sustaining the Administration by every power at our command, and for a restoration of peace only when it can be done consistently with the safety, honor and unity of the entire Government.

Very truly, yours,

FERNANDO WOOD.

{p.1268}

–––

NEW YORK, [November] 28,1861.

Hon. WILLIAM H. SEWARD:

I have been importuned by a number of our most respectable citizens to arrest Fernando Wood in consequence of a violent disunion speech he made last night, to which I desire to call your particular attention as published in the morning papers. I await your instructions.

R. MURRAY, U. S. Marshal.

–––

OFFICE OF THE SUPT. OF THE METROPOLITAN POLICE, New York, November 28, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: This community was scandalized this morning on seeing in the newspapers the report of a speech made last night by Fernando Wood at a meeting of his friends at the Volks Garten. It appears to me you should have your attention specially called to it. Therefore I inclose you copies * of it as it appears in the Herald and Tribune of this morning.

Very truly, yours,

JOHN A. KENNEDY, Superintendent.

* Not found, but see inclosures in Haskins to Seward, December 2, poet.

–––

NEW YORK, November 28, 1861.

Hon. WILLIAM H. SEWARD, State Department:

You ought to arrest Mayor Wood for using the traitorous language he did last night before a public assemblage. Do it at once and save future agonies here.

C. A. STETSON.

–––

NEW YORK, November 29, 1861.

Hon. WILLIAM H. SEWARD.

DEAR SIR: Although I am aware that your time is engrossed by the pressing anxieties of your position I can not refrain from intruding upon you a minute on a subject of pith and moment. I ask your attention to this infamous speech delivered by Fernando Wood on Wednesday night last. I inclose you a copy.

Of course you are aware that Wood before he was frightened into an appearance of loyalty by the people here had strong secession sympathies, and that whenever since that unpleasant event he has dared expose the cloven foot he has been delighted to exhibit it. Colonel Burnham, a New Yorker by birth, is Wood’s marshal and next door neighbor. He under the manipulation of Wood, who seems to have fascinated this otherwise estimable man, has become and continues to be a stubborn secessionist, and submits as though he were acting a martyr’s part to loss of friends and destruction of his business. He used to be proprietor of the famed Burnham’s, at Bloomingdale, but has been driven from it by loss of business consequent upon the knowledge of his want of loyalty.

The Daily News which you suppressed was owned in part by Wood. Ben Wood who is but as potter’s clay in Fernando Wood’s hands was {p.1269} the friend of Breckinridge and Burnett during the session of Congress in July and counseled with them. I recall these matters partly to prove F. Wood’s traitorous sympathies, and partly to show you that they being known South the enemy there receive substantial aid and comfort from his attacks on the Government. He is a natural conspirator, this “spare Cassius” with “lean and hungry look,” and if he has not kept up correspondence with the leaders of this unnatural and atrocious rebellion the only reason for his abstinence lies in apprehension for his personal safety.

Yet out of the fullness of the heart the mouth will speak and on Wednesday night it had its overflow, and if you do mot arrest and imprison him for his treasonable sentiments so openly and boldly expressed I can only say that you will make a mistake which by and by you will have cause to regret. The general expression yesterday in this city was one of denunciation, and the general hope that when the sun set on Fort Lafayette Fernando Wood would be within its walls.

You can not have any doubt that there was an arranged scheme here last spring on the part of Wood and others to detach this city from the support of the Government. The sudden and unexpected popular demonstrations in its favor drove these traitors for a time from their purpose, but I have no idea that they have abandoned it. They only wait for one of those lulls or changes in the aura popularis which almost always occur in long wars to renew and attempt their project. On Wednesday night Wood chose his ground judiciously and prepared it well for the seed-a German gathering, sprinkled with a shower of popular rights peculiarly Teutonic. That soil will grow the seed unless you bind the sower.

Yours, truly,

JOHN E. DEVELIN.

[Inclosure.]

FELLOW-CITIZENS: I appear before you to-night not with the intention of pleasing your ears with fine words, mot to indulge in eloquence, but to talk a little common sense to you. [Cheers and cries of “Good for you.”] I have ever regretted any attempt to continue distinctive nationalities and national prejudices. I have always held and believed that when once the man merged into the citizen he merged his nationality, and he became as it were dissolved into the general community without any other appellation, rights or privileges than those which appertained to every other man in the community. [Cheers.] While, however, it was the duty of men to support the Government they had a perfect constitutional right to criticise the acts of the Government and the laws under which they lived. The people of New York had been deprived of their rights. The city unlike that of free Hamburg possesses no municipal rights whatever. The naked fact is that if these oppressive acts had been submitted to the people for ratification they would unanimously reject them.

There is in the legislature at Albany a great preponderating power over us, exercised by men too in every sense of the word foreign to us, and opposed to us in every element and every characteristic which goes to make a great and free people. These men we find make laws for our government while they take care that these same laws shall be inoperative as against themselves. [Cheers and “That’s so.”] We have no longer the right to make our own laws. We have no longer the right to tax ourselves. We must ask permission of the legislature at Albany. We have been deprived of the right to appoint our own {p.1270} police; to build our own court-houses; to lay out our public parks, or to say what shall be the legal observances of the Sabbath. [Great cheering.] We have not the right to say who shall be licensed or who shall not be licensed. We can no longer say who shall deal in malt liquors or spirituous liquors; nor have we longer a voice in those domestic arrangements which every community controls-except those who live in despotic countries. [Cheers.] We have been deprived of those rights by the legislature-a legislature which in my judgment is a curse not only to the city but to the State and to the whole country. [Faint cheers.]

But, fellow-citizens, the day of deliverance is at hand. [Cheers.] A downtrodden people will no longer lie silent and quiet under oppression of this character. I believe that the good sense of the people of this city will restore to us those rights; will restore power to the government of the State; will restore the power of the chief magistrate of the city [cheers]; restore to the people of New York the right to make those laws which appertain to their own social indulgence, and restore to us that right which every community enjoys to make those peculiar laws which meet the wishes and principles and rights and interests of the people to be governed. [Loud cheers.] I have authority for saying that these rights will be restored. [“Good for you!”] That the time is coming before even next spring when the legislature at Albany will restore to the mayor of New York the right to govern the city of New York according-[the close of the sentence was lost in cheers.]

And if it be my good fortune to be re-elected to this office I can only say to you that if those duties devolve upon me and if I have the power of controlling any of these social and domestic relations I here pledge myself to allow the fullest liberty to all consistent with the safety and good of the community. [Loud cheers.] I am opposed to dictating to any man whether he shall drink water or lager beer or rum. [Vociferous cheering and cries of “Good” and “Bravo.”] I am opposed to compelling any man to go to church on Sunday if he chooses to go anywhere else. [Continued applause.] I am opposed to imposing unjust taxation on any man though he does sell an article mischievous in itself. I am opposed also to regulating by law what a man must eat and what he must drink and what he must wear. [Loud cheers and cries of “Good” again.] I will let a man’s safety hereafter depend entirely as a matter between himself and his God, for I deny the right of any one to step in between me and my Maker. All this I will leave to the individual. In short, repeating what I said before, all of these social matters, all of these questions appertaining to mere conscience-all of these matters which rest in a man’s own heart-I will leave to himself. I ask him only to conform to law. I ask him not to deprive his neighbor of his property. I ask him to be peaceable, orderly and sober. I ask him not to violate any of the rights of the community. In short I ask him to conform only to the regulations necessary to the safety of the community. But I go no further, and so long as you do this so long are you entitled to the protection of the Government and all those inalienable rights which God and mature have vouchsafed to man. [Cheers.]

I have referred to a party which I denominate an abolition party-a party that has brought this country to the verge of ruin and destruction and precipitated upon it a civil war-[cries “That’s so”]-a war which if we survive it is more than any nation has been able to do under similar circumstances. A party that is in favor of freeing the slave that he may rid the South of slavery and bring black labor in {p.1271} competition with the white labor of the North. A party who gives all its sympathy to the black and has none at all to spare for the poor white man of the North. A party who will oppress you by the interposition of unjust taxation and exaction; who will grind you down to the earth; who will compel you to work for 50 cents a day, and even withhold that from you if it can by fraud. [Cheers.] And yet these men have hearts, but not for you but for the negroes of the South. [“That’s so.”] I tell you that so long as this party rules the country there is no peace for the country. These men are not only in favor of prosecuting the war but they are in favor of perpetuating it and prolonging the war. They are in favor of the war so long as a dollar of the public money is to be expended and in the expenditure they can participate. They are in favor of the war so long as slavery exists on the continent, and they will prosecute it so long as a drop of Southern blood is to be shed, and so long as they are themselves removed from the scene of danger. [Cheers.] They will get Irishmen and Germans to fill up the regiments and go forth to defend the country under the idea that they will themselves remain at home to divide the amount of plunder that is to be distributed. [Cheers.]

If this party gets possession of the city government God help you! [Cheers and laughter.] They have driven the Union to destruction, and they are now battling steadily against the old Empire State itself; which if it falls, I repeat, God help us! My friends of New York, false abolitionism rules in our midst, and I tell you instead of the laws we now live under we will have others of ten thousandfold severity if they succeed in getting possession of this democratic city of New York as they have got possession of the State. And if they who have already done so much in Albany to rob you of your rights-if they who in Washington plunged the country into civil war and who wrung $500,000,000 from the thews and sinews and the industry of the country so that they might have contracts, and so that they might abolish slavery and shed the blood of Southern men-did this before what would they not do when in addition to that power they get control of the city in adding to the load of wretchedness and misery under which the country already labors? [Cheers.]

I have discharged my duty hitherto for the public benefit without reference to birth or nationality, without reference to religion,-which is a matter between a man and his God,-and I will only say in conclusion that I have no doubt of a glorious triumph on Tuesday next. Cheers and cries of “That’s so.”] I have no doubt that the people of New York are conservative and national, and that they are democratic; and believing that they are conservative and national and democratic I cannot believe that they are ready to yield up their rights-that they are willing to yield up this proud commercial emporium of the American continent into the hands of the worst enemies of the country-such enemies as we are afflicted with. [Cheers, “Never.”] Believing this I am convinced that New York will sustain my action without reference to public merits or demerits, and feeling confident as I have ever felt confident that the lion-hearted Democracy of New York will stand by me and the principles I represent I think that on Wednesday morning you may say that all is safe; that New York is secure, and that confidence and order is once more restored. I have great hope that your representative in the city hall may be an instrument in God’s hands to bring about national unity and national peace. [Cheers, and [which] Mayor Wood resumed his seat.]

{p.1272}

–––

NEW YORK, November 30, 1861.

Hon. W. H. SEWARD:

My language in the speech of Wednesday night here was reported incorrectly. I did not utter the treasonable sentiments reported.

FERNANDO WOOD.

–––

ORIENTAL HOUSE, New York, November 30, 1861.

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

DEAR SIR: Inclosed herewith I send you two newspaper articles.* Of the truth of the averments therein contained there is not a shadow of a doubt. Is it not the duty of the State Department at Washington to shut the mouth of this caitiff Wood by sending him to some fort in the harbor of New York, or to the State prison at Sing Sing, if they will have him in there? This city has been accursed with him long enough, and now that he has grown bold with his treason is the proper time to rid the community of so vile a pest.

Most respectfully, your obedient servant,

J. UNDERHILL.

* Not found.

–––

NEW YORK, December 2, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

DEAR SIR: I inclose herewith two extracts from our daily papers, the subject of which I think will commend itself to your special attention at a time when the Government needs and is fairly entitled to the aid and sympathy of its friends, and when those who are placed in positions of trust and honor pervert their influence-and talents and openly enlist both in the service of its enemies. I am but an humble citizen, but feel it to be within the scope of my duty as I hold it to be of every true friend of his country to spot a traitor wherever found, and whoever may omit to do so I will not knowingly be one of them. This, respected sir, must be my apology for addressing you.

I have the honor to be your obedient servant,

WILLIAM L. HASKINS.

–––

[Inclosure No. 1.-Editorial extract from New York Evening Post November 29, 1861.]

FERNANDO WOOD’S TREASON.

We have not cared about saying much on the character of Fernando Wood who is now a candidate for mayor again under greatly diminished chances of success. We knew that if he were given the opportunity he would damage himself more than he could be damaged by any opponent. One year ago he was writing base letters to Toombs, of Georgia, declaring his sorrow because our police stopped the transmission of arms that were about to be used against our own lives and he was contriving plains for disconnecting the city of New York from the Union. He had small maps made for distribution among his followers which represented this island as a part of a new Southern Confederacy. He was then an out-and-out traitor.

But the great outbreak of Northern enthusiasm which followed the assault upon Fort Sumter frightened him for a time. Like the sly fox {p.1273} that he is he wiped his eyes in apparent penitence and pronounced for the Union He had the audacity even to attend the great meeting at Union Square and make a patriotic speech. Somebody in the crowd cried out, instinctively distrustful of his honesty, “We mean to hold you to this, Fernandy;” but that was a very inexperienced politician if he supposed that Fernandy was to be held to anything but his own interest. With the abatement of the first popular enthusiasm Wood’s zeal has abated. His love for the Union has declined with the days. At last he is bold enough to avow his opposition to the war and to make appeals to the people against it. In a speech read to the Germans on Wednesday the hoof of the devil was shown in this wise:

I have referred to a party which I denominate an abolition party-a party that has brought this country to a verge of ruin and destruction and precipitated upon it a civil war-a war which if we survive it is more than any nation has been able to do under similar circumstances. A party that is in favor of freeing the slave that it may rid the South of slavery and bring black labor in competition with the white labor of the North. A party who gives all its sympathy to the black and has none at all to spare for the poor white man of the North. A party who will oppress you by the interposition of unjust taxation and exaction; will grind you down to the earth; who will compel you to work for 50 cents a day, and even withhold that from you if it can by fraud. [Cheers.] And yet these men have hearts, but not for you but for the negroes of the South. [That’s so.] I tell you that so long as this party rules the country there is no peace for the country. These men are not only in favor of prosecuting the war but they are in favor of perpetuating it and prolonging the war. They are in favor of the war so long as a dollar of the public money is to be expended and in the expenditure of which they can participate. They are in favor of the war so long as slavery exists on the continent, and they will prosecute it so long as a drop of Southern blood is to be shed, and so long as they are themselves removed from the scene of danger. [Cheers.] They will get Irishmen and Germans to fill up the regiments and go forth to defend the country under the idea that they will themselves remain at home to divide the amount of plunder that is to be distributed. [Cheers.] If this party get possession of the city government God help you! [Cheers and laughter.] They have driven the Union to destruction, and they are now battling steadily against the old Empire State itself, which if it falls, I repeat, God help us! If they who in Washington plunged the country into civil war and who wrung $500,000,000 from the thews and sinews and the industry of the country so that they might have contracts, and so that they might abolish slavery and shed the blood of Southern men-did this before what would they not do when in addition to that power they get control of the city in adding to the load of wretchedness and misery under which the country already labors? [Cheers.]

Nothing so atrocious as this has been uttered since the beginning of the war, and the miscreant who uttered it asks the suffrages of the free citizens of New York.

[Inclosure No. 2.-Editorial extract from the Brooklyn Times November 30, 1861.]

ANOTHER CANDIDATE FOR FORT LAFAYETTE.

There is something very imposing in impudence. Cheek is a quality which the world recognizes and defers to. Boldness is admirable; but impudence, cheek and boldness, when applied to the defense and dissemination of treason, which are used to stir up civil strife, to set class against class, and prepare the way for anarchy, lose the respect the world otherwise accords them, and while we are startled by their display in such a cause we seek to punish the possessor of them. On Wednesday evening last Fernando Wood addressed a large meeting of Germans in a lager beer garden in New York in which he displayed more impudence; cheek and wicked boldness than we thought even he, reckless and reliant upon the recklessness and wickedness of the elements which sustain him as we knew him to be, would dare to display. After sending up a wall over the fact that the power which during {p.1274} his first term of office he had so abused and perverted for his own selfish political purposes had been taken from him, and assuring his audience that before next April that power would be restored, he avows his determination should he be re-elected to “allow the fullest liberty to all,” and remove all barriers to licentiousness and permit everybody to do just as he pleases, irrespective of every conventionality, of every divine command, of every sacred prejudice; and promises further that no man shall be taxed for selling bad rum “no matter what mischievous results” the sale of such poisons may bring about. He then goes on to abuse in the choicest Billingsgate the present administration-under the name of the Abolition party,-accuses it of having precipitated a civil war upon the country for the sole purpose of freeing the blacks of the South and bringing their labor into competition with the whites of the North, and whose purpose-he goes on to relate-

is to oppress you by the imposition of unjust taxation-who will grind you down to the earth-who will compel you to work for 50 cents per day, and even withhold that from you if they can by fraud.

He accuses the administration of prolonging the war for the sake of plunder only, and then belches forth the following treason:

They will get Irishmen and Germans to fill up the regiments and go forth to defend the country under the idea that they will themselves remain at home to divide the amount of plunder that is to be distributed. If this party get possession of the city government God help you! They have driven the Union to destruction, and they are now battling steadily against the old Empire State itself, which if it falls, I repeat, God help us! My friends of New York, false abolitionism rules in our midst, and I tell you instead of the laws we now live under we will have others of ten thousandfold severity if they succeed in getting possession of this Democratic city of New York as they have got possession of the State. And if they who have already done so much in Albany to rob you of your rights,-if they who in Washington plunged the country into civil war and who wrung $500,000,000 from the thews and sinews and the industry of the country so that they might have contracts, and so that they might abolish slavery and shed the blood of Southern men,-did this before what will they not do when in addition to that power they get control of the city in adding to the load of wretchedness and misery under which the country already labors?

What will the noble and true hearted Irishmen and the honest, patriotic Germans who have staked their lives upon the issue of this contest think of this? They, poor fellows, are imbued with the idea that they are battling for a great principle; that they are pouring out their blood to sustain a sacred cause, and daily court death in the belief that the Government which they have lived under and under which they have enjoyed the blessings of liberty and freedom demands such sacrifice in order that others-their children and downtrodden and oppressed countrymen-may hereafter enjoy the blessings they have enjoyed. But this bold traitor Wood, this reckless demagogue, this anarchist, who would see barricades erected in the streets of the metropolis, and have class arrayed against class, and have blood flowing in the kennels, tells them that it is all a mistake; that they are only fighting to keep an administration in power which inaugurated the war, and prolongs it only that it may grow fat on plunder and rob the Treasury filled by exactions “wrung from the thews and sinews of the industry of the country.”

If this is not treason we do not know how to define it. If this is not giving encouragement to the rebels in arms against the Government by sustaining them in their idea that there is a great anti-war and anti-Union peace party in the North language has no force and words mean nothing. Such expressions at such a time are a proof of how {p.1275} strong Fernando Wood’s reliance must be upon his own power and the strength of the elements with which he works, and how much he needs to be taught that no position, no power, no political intriguing and wire-pulling can shield him or any other man from the just consequences of treasonable utterances and acts. There are a hundred men to-day held as State prisoners in the various forts in our harbors not half so guilty as Wood, and who should be set free at once if this lying demagogue cannot be checked. He is as much a traitor to-day as Mason or Slidell, and should share their fate. And yet such a man dares to ask the patriotic city of New York to place him at the head of its municipal government, and promises if they do so to bring about national peace. God defend us from the peace such a man would bring about-a peace purchased at the price of national honor, of the sacrifice of every principle we hold dear, and the utter demolition of everything the good, the honest, the loyal and the true cherish as sacred!

–––

Case of Parker H. French.

This person, known as Parker H. French, alias Carlisle Murray, alias Charles Maxy, was denounced to the Department of State as being engaged in efforts to fit out a privateer or private vessel at Boston under pretense of arming a vessel for the public service, and as being busy in propagating a secret disloyal society called the Knights of the Golden Circle in Boston and other parts of New England. On or about the 2d of November, 1861, an order was issued for his arrest, which was executed on or about the 6th of November, 1861, at Branford, Conn., and the prisoner taken to Fort Warren. The papers discovered in possession of French show that he had been negotiating with Mr. Lawrence, of Boston, to sell to the Government for him two steamers for the naval service; also that he had been ostensibly making some exertion to buy and arm for the service of the Government or to induce the Government to arm a propeller at Boston; also that he had in his possession and had made some use of a set of forms for a secret society called Knights of the Golden Square, instead of Circle, and that said secret society purported to be of loyal instead of disloyal character. French himself states in letters to the Department of State that his reputation was so bad that unfavorable constructions were put upon all his acts. The suspicions excited against him at Boston were not allayed by the appearances which it was assumed he had contrived to throw around his movements and intentions for the express purpose of eluding justice. The said French remained in custody at Fort Warren February 15, 1862, when in accordance with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

–––

NEW YORK, November 30, 1861.

F. W. SEWARD, Assistant Secretary of State.

SIR: I am appealed to in most pathetic terms by Parker H. French to give his case a careful examination and have promised him I would do so. He while admitting that there are clouds upon his good name protests most earnestly that treason cannot be imputed to him. If he {p.1276} is loyal he should have the benefit of that virtue even though it should prove to be “linked with one virtue and a thousand crimes.” He informs me that his case is fully before the State Department in the papers he has furnished. From some things I have heard it would seem possible that he might with propriety be handed over to some local jurisdiction, say of Boston. His case may be already all clear to you. If, however, I can do anything in the premises please forward the papers and I will look into it. I shall be embarrassed by my promise to him to do so and desire to keep my good faith by looking over his case.

I am, very respectfully, yours,

SETH C. HAWLEY.

–––

DEPARTMENT OF STATE, Washington, December 2, 1861.

SETH C. HAWLEY, Esq., New York.

SIR: I have to acknowledge the receipt of your letter of the 30th ultimo. In reply I inclose herewith all the papers on file in this Department relative to Parker H. French, with the remark that Mr. L. C. Baker, the detective who arrested him, is firmly of the opinion that French is an agent of the insurgents.

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

F. W. SEWARD, Assistant Secretary.

–––

413 BROOME STREET, New York, December 18, 1861.

F. W. SEWARD, Assist ant Secretary of State.

SIR: I have gone carefully over the papers transmitted in the case of Parker H. French. There is no certain evidence of disloyalty upon which he could be held as a traitor guilty of any overt act. His papers contain certain memoranda which have probable reference to a privateering expedition; also traces of a design to speculate out of a sale of certain propellers to the United States Government, which I suppose is not a crime or better men than he are not innocent; also abundant evidence that he is a rascal prepared to depredate on all governments and everybody, and that he is a spiritualist, an opium eater and lunatic, or that he simulates all these characters. I cannot doubt that French is guilty of offenses for which he might be held and punished in Boston, and have had some correspondence with Mr. A. A. Lawrence, one of his victims, hoping to find proofs to justify handing him over to the civil authorities, but as yet the parties who have been imposed upon are not quite prepared to take a public part in the matter.

Under these circumstances I return the papers but am not willing to say that he should be set at liberty. I think any confinement is better than liberty for him and the public. I inclose also two letters* from Mr. A. A. Lawrence to me. If hereafter I should find a more favorable state of things in Boston I will venture to communicate with you again on the subject.

Yours, respectfully,

S. C. HAWLEY.

P. S.-I send the package of papers by express.

* Not found.

{p.1277}

–––

[NEW YORK,] December 20, 1861.

F. W. SEWARD, Assistant Secretary of State.

SIR: I have this morning received several affidavits* in behalf of Parker H. French. They are not of a character to affect the conclusions in relation to his case and are therefore not at present important, but it is proper that they should be on file in your Department.

Yours, respectfully,

S. C. HAWLEY.

* Omitted as unimportant.

–––

NEW YORK, February 13, 1862.

F. W. SEWARD, Assistant Secretary of State.

SIR: Yours containing the letter of H. Lynde Harrison in relation to Parker H. French is received. I have given much attention to the case of Parker H. French. I do not find in the evidence I have seen any facts or circumstances which cannot be reconciled with his loyalty to the Government. Everything connected with his career is mysterious and feigned, but I think it is the result of his temperament and habits as a general filibuster. It appears that he concerned himself about selling propellers to the Government, but in that transaction A. A. Lawrence was a party, and there is no satisfactory evidence that in that business French intended anything more than a speculation of such character as has been common during this war.

I think he should be set at liberty, and I do not think the conditions upon which he should be discharged are important. If he is a Union man as his papers would seem to imply conditions are not needed, but if he is a well disguised traitor conditions will be useless, as he has no moral qualities to command any degree of confidence in his promises.

I return the paper inclosed to me with a recommendation that Mr. Parker H. French be set at liberty on such conditions as shall be deemed proper.

Respectfully, yours,

S. C. HAWLEY.

I return herewith the paper inclosed to me.

S. C. H.

–––

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: ... Parker H. French. ...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.1278}

–––

FORT WARREN, Boston Harbor, March 17, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington, D. O.

SIR: ... 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: ... Parker H. French. ...

I am, sir, with highest respect, your obedient servant,

J. DIMICK, Colonel First Artillery and Brevet Colonel, Commanding Post.

–––

Case of James Brown.

James Brown, of Saint Martin’s Parish, La., was arrested in Boston, Mass., about the 13th of November, 1861, by the U. S. marshal of Massachusetts, charged with being about to return to the South with letters and contraband information. Upon his person was found a number of specimens of leather tanned by a new process (in the space of twenty-four hours), the receipt for doing which it was believed he had obtained with the intention of taking South to be used for the benefit of the insurrectionists. Also neatly sewed in the lining of his coat sleeve was discovered a letter from W. L. Yancey to his son B. C. Yancey, captain of artillery, C. S. Army, Fort Morgan, Mobile, Ala. This letter was dated London, August 23, 1861, and inclosed to the address of Messrs. Hobart & Forster, of New Orleans, and of a highly treasonable character. November 15, 1861, an order was issued by the Department of State directing the U. S. marshal to convey Brown to Fort Warren, which order was duly executed on the 20th of that month. The said James Brown remained in custody at Fort Warren February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

–––

U. S. MARSHAL’S OFFICE, Boston, November 13, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I have the honor to report ... that I arrested here to-day one James Brown, of Saint Martin’s Parish, La., who came from there via New Orleans, Memphis, Henderson, Ky., Saint Louis, Chicago, &c., leaving October 10 and arriving here October 27, with a pass from Governor Moore and an officer at Henderson, &c. He has been engaged in getting out railroad sleepers in Louisiana, and has a steam saw-mill and a gang of hands engaged in the work for the New Orleans, Opelousas and Great Western Railroad, now finished eighty miles from New Orleans to Brashear City. Since his return to Bridgewater, Mass., where he formerly lived and has a wife and child, he has been making careful inquiries into the process of tanning leather in twenty-four hours, and had on his person a number of specimens of leather probably prepared by this process. He brought as he says a few open letters to parties North, and had quite a number that he was to take back with him which he gave up and proved to be merely private family correspondence.

{p.1279}

Upon searching him there was found in his coat-sleeve lining, sewed carefully in, the inclosed letter from W. L. Yancey to his son at Fort Morgan, Ala. It was directed as per outer envelope, and Brown was requested by Hobart & Forster to call for their letters at John Monroe & Co.’s, New York, and bring them safely through. Not going to New York, he sent by a friend who obtained this and another (a private letter) to Mr. Forster and brought them here to Brown, who declared his entire ignorance of their contents as they were sealed. He had no other articles except his and his wife’s personal baggage which was carefully searched. I have him still in custody, and should be glad of directions in regard to him. I think he was going back to look after his interests South, taking his wife with him, and that he took these letters as a friendly act to the New Orleans firm.

I am, very respectfully, your obedient servant,

JOHN S. KEYES, U. S. Marshal.

[Inclosure.]

15 HALF MOON STREET, London, August 23, 1861.

[B. C. YANCEY, Esq., Captain of Artillery, C. S. Army, Fort Morgan, Mobile, Ala.]

DEAR BEN: After so long a delay after having had two good personal opportunities of sending to me direct and yet not hearing from you I was surprised on receiving from you your letter of 23d July this morning. I believe it contained not a word of news, not even a reference to your health. All its allusions to war matters I had learned long since. We get three mails a week from the United States and Canada and see all the New York and Baltimore papers ten and eleven days after publication. We also see the New Orleans papers pretty regularly. What I desired to know was that within your own immediate circle of movements; the condition of the forts in Mobile Harbor; who is commander; who are your brother officers; what is your daily routine of duties; what your command; are they regular troops, militia, or volunteers; what your progress in learning the details of your profession, &c. None of that is to be found in the newspapers. I hear from home irregularly yet still often. I received at one time, that is regularly, letters of dates of 20th, 23d and 27th June; then a long lapse and then one of 22d July and none since. On that day your mother wrote that she rarely heard from you-perhaps not since your return. In my eye all this is wrong-yea, it is cruel. The ladies are at home and every man of the family at a distance and the times gloomy and troublesome. You could write weekly. How you look upon it is another thing.

My health is good. I have fattened here very much. I can only allude in general terms to public affairs. Europe desires to be strictly neutral yet now believes that the South will win its cause. Capitalists as at present advised will lend no money to either side. The North has been buying arms very largely, good and bad. It is difficult for us to ship any. Our officers here are doing their duty with energy and sagacity. The blockade will be raised before December if not made perfect. France and England are conferring and acting together. There is no difference. Spain, Denmark, Belgium and Prussia are all ready to recognize us to-day, but will only act when the great powers act.

There is enough cotton here to answer till the 21st November, if they consume as much a week as they did last year. They may make it last by short time and increased import of East India cotton and increased use of it till February. The summer here has been delightful. I have {p.1280} worn broadcloth all the time and sleep under two blankets every night. The harvest is gathered and was fine-a loss to the North of $30,000,000. Fruits are very dear. Too little sun to ripen or give a good flavor. I see Southerners constantly. No trouble in coming and going over the lines. No search coming, but search for those going home.

Your father,

W. L. YANCEY.

P. S.-Foreign postage is high and is by weight, hence I write closely on silk paper. If not prepaid it is double. I paid for your letter 50 cents. You can write and send to George Forster, New Orleans, with request to forward through John Monroe & Co., of New York. Address as before under cover to Arthur Dare, 15 Half Moon street, London. I send a postage stamp to put on that envelope-of one silk sheet and two silk envelopes.

W. L. Y.

–––

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: ... James Brown. ...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

–––

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 prisoners have taken their parole and left agreeably to your order of the 21st ultimo: ... James Brown. ...

I am, sir, with highest respect, your obedient servant,

J. DIMICK, Colonel First Artillery and Brevet Colonel, Commanding Post.

–––

Case of Rev. J. P. B. Wilmer.

HEADQUARTERS, Baltimore, November 18, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Some weeks ago the Rev. Dr. Wilmer, of Philadelphia, resigned his pastoral charge with the assurance from General Scott whom he consulted that he should have a passport to Virginia where he has property. He is now here with his wife and three young children. May not his case be properly made an exception to the late rule suspending the issue of passports? Was not the engagement of General Scott a pledge which the Government may be called on to redeem, as Mr. Wilmer on the faith he reposed in it has given up his place and is here without the means of subsistence, his resources in Virginia being cut off? I hope you will take this view of the subject. I have known {p.1281} Mr. Wilmer many years. He is a pure-hearted man and has done no act of hostility to the Government. He was fifteen years in Northampton County as a clergyman, and came to me yesterday to offer his services to go there and entreat his old friends to submit to the Government without a contest and I may yet accept them, in which case he may go that way to Fort Monroe where he can meet his wife and children. I hope the peculiarity of this case may be considered as one of those exceptions which confirm the rule instead of impairing its force.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

–––

DEPARTMENT OF STATE, Washington, November 21, 1861.

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

GENERAL: I have the honor to acknowledge the receipt of your letter of the 18th instant inclosing one from the Rev. J. P. B. Wilmer, late of Philadelphia, who desires a passport to enable him to reach Virginia. The rule adopted by the Government after deliberate consideration since the breaking out of the rebellion has been to allow no passes across the military lines of the United States without the previous sanction and approbation of the Secretary of State, and this course has hitherto been rigidly adhered to. It is therefore believed that the Rev. Mr. Wilmer must have labored under a misapprehension as to the promise said to have been made to him by Lieutenant-General Scott assuring him of a passport for his family into Virginia. I do not see that an exception can well be made in the case of Mr. Wilmer, since a relaxation of this most necessary rule would probably lead to consequences which would render it virtually inoperative.

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

WILLIAM H. SEWARD.

–––

HEADQUARTERS, Baltimore, November 22, 1861.

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

SIR: I have the honor to acknowledge the receipt of your letter in regard to Rev. Mr. Wilmer. There was as you supposed a mistake. He says it was mine. I inclose Lieutenant-General Scott’s letter.* Mrs. Wilmer values it as an autograph and you will oblige her by returning it to me. It seems General-Scott’s promise extended only to Mrs. Wilmer and her young children. The three with her here are all young. If she has a claim on the strength of the general’s promise which the Government recognizes will you please send the passport to me.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

* Not found.

–––

DEPARTMENT OF STATE, Washington, November 25, 1861.

Maj. Gen. JOHN A. DIX, Headquarters, Baltimore.

GENERAL: I have the honor to acknowledge the receipt of your letter of the 22d instant with the one from Lieutenant-General Scott to Mrs. {p.1282} Wilmer. The rule adopted by the Government hitherto with regard to the granting of passports to the insurgent States I regret to say does not permit an exception in the case of Mrs. Wilmer and her children. The letter of General Scott is herewith returned.

I am, general, your obedient servant,

WILLIAM H. SEWARD.

–––

HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, January 7, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Herewith you will receive a pass signed by you in favor of the Rev. Dr. Wilmer. Being a strong rebel in heart and sentiment which he did not conceal I became suspicious that the pass was in some way improperly obtained. This was confirmed by the quantity of articles which he brought with him and which I have detained until I hear from you on the subject. He emphatically denied that he was in the employ of the United States. The wording of the pass was so different from any other that I have seen coming from you that I concluded to forward it for your inspection.

You have any number of rebel spies in Washington. The rebels have an agent there who I presume professes to be a strong Union man and who obtains all the information necessary for those who command in the rebel army. They know much better than I do what is doing at Washington. The expedition of General Burnside is perfectly known at Norfolk and much better than I do, and preparation is making to meet it at the island of Roanoke.

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

JOHN E. WOOL, Major-General.

[Inclosure No. 1.]

DEPARTMENT OF STATE, Washington, December 30, 1861.

Maj. Gen. JOHN E. WOOL.

GENERAL: The Rev. Dr. Wilmer, of Philadelphia, who will hand you this, is proceeding to Virginia accompanied by his wife and children on public business of the United States. I will thank you to allow him to pass freely in either direction.

Very truly, yours,

WILLIAM H. SEWARD

[Inclosure No. 2.]

List of property found in the baggage of Rev. Mr. Wilmer, who was forwarded to Norfolk by flag of truce January 2, 1862.

One hundred and seven spools of silk; 31 rolls of tape; 26 new white linen shirts; 48 pairs of boots, shoes and rubbers, nearly all new; 650 envelopes; 6 reams paper; 31 pairs socks; 2 gross steel pens; 15 penholders; 11 silk vest patterns; 2 silk dress patterns; 2 dozen handkerchiefs; 2 pieces silk; 25 gross buttons; 50 handkerpapers pins; 100 papers needles; 50 spools thread; 5 pieces gray woolen cloth; 1 piece (30 yards) white cotton cloth; 1 piece white flannel; 10 pounds coffee; 50 pairs pants, part slightly worn.

{p.1283}

–––

DEPARTMENT OF STATE, Washington, January 8, 1862.

Maj. Gen. JOHN B. WOOL, Fortress Monroe, Va.

GENERAL: I have received and thank you for your communication of the 7th instant relative to the Rev. Mr. Wilmer. His loyalty was vouched for by the Hon. Eli Thayer, late Member of Congress from Massachusetts. The loyalty of Mr. Thayer himself it is believed cannot be questioned. As it would appear from your letter, however, that he may have been mistaken I have sent for him to ask for explanations on the subject. Meanwhile you may retain the articles, a list of which you send, until the result shall be made known to you. The unusual form of the pass to Mr. Wilmer was occasioned by the illness of General McClellan.

I am, general, your obedient servant,

WILLIAM H. SEWARD.

–––

PHILADELPHIA, February 27, 1862.

Hon. EDWIN M. STANTON.

MY DEAR SIR: I trust you will excuse my troubling you with this letter, which I regret to do knowing you to be much pressed at this time with important matters. Some time since my brother, Rev. Dr. Wilmer, obtained from Mr. Seward a pass for himself and family to go into Virginia. On his arrival at Fort Monroe he was permitted to take but a very small portion of his baggage. Among the packages detained was a box of sermons which he is very anxious to have forwarded to him. If not inconsistent with your duty would you be kind enough to authorize the provost-marshal to forward the same to him with so much of the clothing as you may think proper to let him have. Should such a course not meet your approval I should esteem it a personal favor if you would authorize him to deliver to me such of his effects as may be detained at Fort Monroe that I may take charge of them until such time as free communication may take place with the State of Virginia. If you will send me such an order on the provost-marshal authorizing the delivery to me such of his effects detained at the fort I shall feel that you have conferred a special obligation on,

Very respectfully, your friend,

JNO. W. WILMER.

–––

Case of the Messrs. Day, Colemans, De Bell, Carper and others, concerned in the murder of Union soldiers.

William B. Day was arrested about the 27th day of November, 1861, by a cavalry company in General McCall’s division at Dranesville, Va., and having been brought to Washington was committed to the Old Capitol Prison. He was charged with having been an open and unrelenting secessionist, and that he with others in August last awaited in ambush the coming of some Federal pickets near Dranesville and murdered two of them, wounding another. Brigadier-General Porter informs the Secretary of State in a letter dated the 17th of January, 1862, that an order Was made by Major-General McClellan, commanding, that all the prisoners in custody suspected of having participated in the murder in August last of the U. S. pickets near Dranesville, Va., be held until a trial could be had in their cases and that the evidence in each case found be reported to him.* The said William B. Day remained in custody at {p.1284} the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

John T. Day was arrested about the 27th of November, 1861, by a cavalry company in General McCall’s division at Dranesville, Va., and having been brought to Washington was committed to the Old Capitol. He was charged with having been an open and unrelenting secessionist, and that he with others in August last awaited in ambush the coming of some Federal pickets near Dranesville and murdered two of them, wounding another. The said John T. Day remained in custody at the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

John Coleman, Charles W. Coleman and Philip W. Carper were arrested about the 27th of November, 1861, by a cavalry company in General McCall’s division at Dranesville, Va., and having been brought to Washington were committed to the Old Capitol Prison. They were charged with having been open and unrelenting secessionists, and that they in August last awaited in ambush the coming of some Federal pickets near Dranesville, Va., and murdered two of them, wounding another. The persons mentioned above remained at the Old Capitol Prison February 15, 1862, when they were transferred to the charge of the War Department.

John B. Farr was arrested about the 27th of November, 1861, by a cavalry company in General McCall’s division at Dranesville, Va., and having been brought to Washington was committed to the Old Capitol. He was charged with having been an open and unrelenting secessionist; a member of a secret committee who made it a business to seek out the Union men of Fairfax County, Va., and by threats forcing them to abandon their property and leave the State; also a member of the home guard; in that capacity that he with others in August last awaited in ambush the coming of some Federal pickets near Dranesville and murdered two of them, wounding another. The said John B. Farr remained in custody at the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

John T. De Bell was arrested about the 27th November, 1861, by a cavalry company in General McCall’s division at Dranesville, Va., and having been brought to Washington was committed to the Old Capitol Prison. He was charged with having been an open and unrelenting secessionist, and that he with others in August last awaited in ambush the coming of some Federal pickets near Dranesville, Va., and murdered two of them, wounding another. The said John T. De Bell remained in custody at the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

H. H. Gunnell was arrested about the 27th day of November, 1861, by a cavalry company in General McCall’s division at Dranesville, Va., and having been brought to Washington was committed to the Old Capitol Prison. He was charged with having been an open and unrelenting secessionist, and that he with others in August last awaited the coming of some Federal pickets near Dranesville and murdered two of them, {p.1285} wounding another. The said R. H. Gunnell remained in custody at the Old Capitol Prison February 15, 1862, when in conformity with an order of the War Department of the preceding day he was transferred to the charge of that Department.

James [W.] Farr was arrested about the 27th day of November, 1861, by a cavalry company in General McCall’s division at Dranesville, Va., and having been brought to Washington was committed to the Old Capitol Prison. He was charged with having been an open and unrelenting secessionist, and that he with others in August last awaited in ambush the coming of some Federal pickets near Dranesville, Va., and murdered two of them, wounding one. The said James [W.] Farr remained in custody at the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

These persons [George G. and Richard Coleman] were arrested at Dranesville, Va., by order of Brigadier-General McCall December 6, 1861, and committed to the Old Capitol Prison. They were charged with having in conjunction with a party of citizens of Dranesville assassinated several U. S. soldiers doing picket duty and with mutilating their bodies. The said George G. and Richard Coleman remained in the Old Capitol Prison February 15, 1862, when they were transferred to the charge of the War Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* Extract from Porter’s letter here omitted. See p. 1292 for letter entire.

–––

CAMP PEIRPOINT, VA., November 27, 1861.

Capt. H. J. BIDDLE, Assistant Adjutant-General, McCall’s Division.

SIR: In obedience to orders I started from this camp yesterday with my regiment at 9 o’clock in the evening for the purpose of marching on Dranesville. ... I arrested six of the citizens of Dranesville who are known to be secessionists of the bitterest stamp. The names of the citizens taken are as follows: John T. Day, M. D., Dranesville; R. H. Gunnell, Great Falls, Va.; John T. De Bell, C. W. Coleman, Dranesville; W. B. Day, M. D., Dranesville; J. B. Farr. Upon my return some miles from Dranesville a fire was opened upon the head of the column from a thick pine wood. Assistant Surgeon Alexander was seriously wounded and Private Joel Houghtaling was badly wounded and I had my horse killed. Surgeon Stanton received a ball in his overcoat and his horse was shot twice. The woods were instantly surrounded and the carbineers dismounted and sent into the woods. We killed two and captured four, one of whom is shot twice and is not expected to live. Private Houghtaling is I fear mortally wounded.

...

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

GEO. D. BAYARD, Colonel First Pennsylvania Regiment Cavalry.

–––

HEADQUARTERS MCCALL’S DIVISION, Camp Peirpoint, November 27, 1861.

Brig. Gen. ANDREW PORTER, Provost-Marshal, Washington.

GENERAL: Herewith are forwarded to be delivered to you eleven prisoners taken by our cavalry in a dash at the secession picket at {p.1286} Dranesville, viz, two cavalrymen, three infantry soldiers; five secessionists of known activity in furnishing supplies to rebel forces or taken in arms, the details of which arrests will be furnished in the report of the officer concerned. One of the prisoners is said to be a South Carolina officer and aide-de-camp.

By direction of Brigadier-General McCall:

H. J. BIDDLE, Assistant Adjutant-General.

[Inclosed list of prisoners.]

W. D. Farley (captain and aide to General Bonham), First South Carolina Volunteers; F. de Caradene, lieutenant Seventh South Carolina Volunteers; Private F. Hildebrand, Thirtieth Regiment Virginia Volunteer Cavalry; Private A. M. Whitten, Thirtieth Regiment Virginia Volunteer Cavalry; P. W. Carper, Seventh Regiment South Carolina Volunteers.

Citizens, &c.-John T. Day, M. D., Dranesville; R. H. Gunnell, Great Falls, Va.; John T. De Bell, C. W. Coleman, Dranesville; William B. Day, M. D., Dranesville; J. B. Farr.

–––

The following is a list of the citizens that attacked four of our men on Lowe’s Island, killing two of them, and stripped and left them so that the hogs ate them: * Dr. William B. Day, * Dr. John Day, Thomas Carper, John Coleman, Gilson Jenkins, Samuel Jenkins, * Thomas Coleman (who now has one of the pistols taken at that time), James Farr, a Philip Carper, James Carper and Stephen Farr. They are all residents about Dranesville. This information was furnished by three of Mrs. Coleman’s negroes who came into Camp Griffin November 26, 1861.

The above is a copy of a paper furnished by John Hawkshurst, member of the Union Legislature of Virginia from Fairfax County, now residing at first house this side of Lewinsville on road from Langley. Mr. Hawkshurst goes to Wheeling to attend the Legislature to-morrow. The negroes referred to he states were sent into Washington from General Hancock on November 27.

H. J. BIDDLE, Assistant Adjutant-General, McCall’s Division.

[Indorsement.]

HEADQUARTERS ARMY OF THE POTOMAC, Washington, November 30, 1861.

Respectfully referred to Brig. Gen. Andrew Porter.

The general commanding desires the circumstances investigated as far as the men now in custody of the provost-marshal are connected with the alleged murder, and if the matter of allegation can be proved he desires the men brought to trial for the murder.

By command of Major-General McClellan:

JAS. A. HARDIE, Lieutenant-Colonel and Aide-de-Camp.

* These four men were among the prisoners sent in from McCall’s division on 27th instant. Thomas Coleman, captured wounded, lies dead in the hospital.

–––

WASHINGTON, D. C., December 3, 1861.

Brigadier-General PORTER.

DEAR SIR: I was arrested a short time ago at my house in Dranesville in bed and for what charge I do not know unless it was for feeding {p.1287} the Confederate pickets. I keep a house of public entertainment and was compelled to feed them or be arrested. I also fed some of General McCall’s men when in Dranesville, and came very near being arrested by the Confederates for that. None of the exiles from Fairfax can say that I had anything to do with driving them out of the county or to have them arrested. To the contrary was always opposed to it. I have a brother-in-law who had to leave his sick wife and four little children whom I have supported up to time of my arrest. I have never been in arms against the United States at anytime. I have a wife and three little children at home, with no person to do anything for them. The prisoners taken with me know that I could not get a pass to go through the Confederate lines to their army. Anything you can do for me will be thankfully received. I want to be able to go home when the army advances again.

Your obedient servant,

CHAS. W. COLEMAN.

–––

HEADQUARTERS MCCALL’S DIVISION, Camp Peirpoint, Va., December 6, 1861.

Brig. Gen. ANDREW PORTER, Provost-Marshal.

GENERAL: Herewith are transmitted to be held in custody and disposed of as may be directed by the commanding general two prisoners, viz: George Coleman and John [Richard] Coleman, taken at the house of John Gunnell, a squire and noted secessionist. ... Herewith are also sent two colored men, the property of John Gunnell, named David Johnson and John Jackson, whose disposition is to remain with the family but who were brought in as being available as laborers in the support of the enemy.

Very respectfully,

GEO. A. MCCALL, Brigadier-General, Commanding Division.

–––

OLD CAPITOL PRISON, Washington, January 1, 1862.

Hon. W. H. SEWARD:

I have now been confined in prison for nearly two months and for what charge I have not been able to learn. It is true I fed the Confederate pickets, and what would have been the consequence had I refused? I keep a public house. The meals were called for by the pickets who paid for the same with their own money. You can see I was compelled to do it. I never left my home at the advance of the Union troops as a good many of my neighbors did. I remained at home hoping that I would be left inside the Union lines and free to express my sentiments. This I failed in. I know a good many Union men in the upper part of Fairfax and lower part of Loudoun Counties who are waiting patiently and praying for an advance of the Union army. Mr. Gracey, of the New York Thirty-fourth, who was wounded on Lowe’s Island near Dranesville, was left at my house for two weeks and was attended to by me, who afterward made his escape from Fairfax Court-House and got back to Washington, can tell you whether he thinks me a Union man or not. When General McCall was in Dranesville in October he could only find four men in the village and I was one of that number; and if I had been such a rebel I would not have been found in the village at that time, hearing that he was advancing two hours before he arrived.

{p.1288}

Whoever reported me it has been guess work with them, and nothing would give me more pleasure than to meet them on trial. I would also refer you to the Union men’s families who were left by their husbands to avoid being arrested whether they ever knew me to have anything to do with having Union men arrested or their property taken from them. I was abused by the Confederates for feeding some of General McCall’s men and for selling him 100 bushels oats, threatening to arrest me for doing it, and I was also refused a pass to go through their lines to get provisions. If you will grant me the liberty of taking the oath of allegiance to the United States and to remain in the lines I will do it until my home is in the Union again.

Your obedient servant,

CHS. W. COLEMAN.

[Indorsement.]

DEPARTMENT OF STATE, Washington, January 13, 1862.

Respectfully referred to Brig. Gen. Andrew Porter with a request that unless there are well-founded reasons to the contrary the prisoner may be released upon the usual conditions. Please report to this Department.

E. D. WEBSTER, Clerk.

–––

WASHINGTON, D. C., January 3, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

DEAR SIR: As the daughter of a good and loyal citizen of the United States I beg you will give attention to the following statements:

On the night of the 27th of November, 1861, the U. S. troops entered the village of Dranesville, Fairfax County, Va., and seized my father who was then in his bed upon suspicion of disloyalty and brought him to this city and placed him in the Old Capitol Prison where he is still in custody. Being a resident of Washington myself I solicited Mr. Carpenter (correspondent of the New York Tribune) to procure me a pass which your honor very politely granted. Upon the occasion of my visit my father assured me in the presence of the said Mr. Carpenter that his sentiments have always been those of loyalty to the Government, and his feelings are sorely wounded to think that he should thus suffer upon a false accusation, and he assured me that nothing would give him more pleasure than to be permitted to swear allegiance to the Government he has always loved. Furthermore he has a family-a wife and young children depending upon him for support and protection-who have been left exposed to outrage and want with no one to care for them.

So far as I can learn no individual has preferred any charge against him. I presume he would remove his family to this city if liberated. Now, sir, with these facts I beg and implore that you will give speedy attention to his case; and for the sake of humanity, for the sake of the cause of the Union, for the sake of his health which is declining from confinement and grief, for the sake of his helpless and unprotected family, for the sake of God, I trust your honor will grant him an immediate release.

Submitting the above I remain, sir, your obedient servant,

KATE FARR.

{p.1289}

[Indorsement.]

DEPARTMENT OF STATE, Washington, January 6, 1862.

Respectfully referred to Brigadier-General Porter with a request that he will examine this case and report whether there is any well-founded reason why the prisoner should not be released upon taking the oath and making the usual stipulations.

By order of the Secretary of State:

E. D. WEBSTER.

–––

[OLD CAPITOL PRISON,] January 6, 1862.

Hon. SECRETARY OF STATE, Washington, D. C.:

I was for a time here confined as prisoner of war. My relation is now changed. I belong to Colonel Stone’s staff the Sixtieth Virginia Regiment, and as surgeon went with the militia when called out under a requisition of the governor. I performed duty as such at the Junction, and upon our own wounded near the battle-ground, and rendered service on Tuesday to your wounded soldiers in connection with Doctor Smith of the regular service, a fact I omitted to state in a letter* to General Porter.

Yours, respectfully,

WILLIAM B. DAY.

* Not found.

–––

HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, January 13, 1862.

Brig. Gen. ANDREW PORTER, Provost-Marshal.

GENERAL: I have the honor to report that on the 4th instant there was received at this office a communication signed Kate Farr addressed to the Hon. William H. Seward, Secretary of State, and by him referred to you with his request indorsed thereon that you would examine the case of John B. Farr therein mentioned and report whether any well-founded reason existed why said Farr should not be discharged from custody upon taking the oath of allegiance, &c.

The communication aforesaid sets forth substantially that the writer, Kate Farr, is the daughter of John B. Farr, of Dranesville, Va., who was seized by the U. S. troops on the night of 27th of November at Dranesville upon suspicion of his disloyalty, and was brought to this city where he has ever since been confined in the Old Capitol Prison; that she procured a pass to visit her father in said prison and was there assured by him that he had always been a man of loyal sentiments, and that his feelings were deeply wounded to think that he must there thus suffer from false accusation, he also assuring her that nothing would give him greater pleasure than to swear allegiance to the Government he had always loved; that her father has a wife and young children depending upon him for protection and support, and that she had not known of any charge having been made against him, and finally that for reason of the above-recited facts and other causes she asked that her father be discharged from custody.

On the 27th day of November last eleven prisoners were received at these headquarters sent in from General McCall’s division, with the following accompanying dispatch.* Upon the receipt of the prisoners {p.1290} aforesaid means were early taken to procure and collect the evidence in their cases individually and collectively, and as far as concerned J. B. Farr resulted as follows:

William Tyson, citizen of Langley, Va., stated that he was postmaster at Beach Grove, Va., from which place he was driven by the rebels about two months before Farr’s arrest, and that just previous to his leaving he was told by John Hurst, a secessionist, that John B. Farr was one of the guerrilla party which waited in ambush in August last near the Potomac, a short distance from Dranesville, for a company of Union soldiers who had crossed over from Maryland at that point, said party attacking and firing on the Union soldiers, killing two or three and wounding another who was taken by them to Dranesville, where a glorification was held by the secessionists over their achievement. Tyson further stated that of his own knowledge said Farr was an active secessionist and very bitter against Union men.

Nelson Voorhes, of Dranesville, Va., stated that he knew John B. Farr as a very rabid secessionist who had been very active in obtaining information for the rebels, and was a member of the rebel home guards of Dranesville.

Nathaniel Hanery, of Dranesville, stated that he knew John B. Farr to be a secessionist who voted against the Union at the May election and used all his power to persuade others to do likewise; that Farr was a member of a committee which met at Fairfax Court-House for the purpose of inquiring into the opinions of citizens of Fairfax County and with the view of driving out such men as were found to be favorable to the Union; that among others who were thus driven out were two brothers named Gould and John Lester, a merchant, all of whom with their families were compelled to leave, while their property was all either destroyed or confiscated.

Amos T. Berdle stated that he knew John B. Farr; had heard him say that he would kill the damned Yankees wherever he could catch them; that they had no business there at all; that Farr voted for secession and did all he could to persuade others to do the same.

Thomas T. Johnson, of Fairfax County, Va., stated that John B. Farr was a notorious secessionist, having voted that ticket and was a member of the rebel home guards; that he was one of the committee which met at Fairfax Court-House having for its object the hunting up, persecution and expulsion of Union men; that he (Johnson) was told by J. B. Farr that he (Farr) had heard he was a Union man, and that if such was the case he (Johnson) had better be leaving.

Henry Bishop, of the same county, stated that Farr was a notorious secessionist.

William Waters, same county, stated that Farr was a notorious secessionist, and was reported to have taken an active part in aiding the rebels and in persecuting Union men.

Daniel L. Borden stated that he was arrested the day after Ellsworth was killed by John T. Day, John B. Farr and others and was told by them that if he (Borden) went to Washington to join the Union army his property would be burned and his family massacred.

Such in brief is the evidence against Farr, the mere recital of which is sufficient to establish the groundlessness of his pretension to be a good and loyal citizen of the United States. But the case does by no means rest here. It has been stated by several different persons from Dranesville and vicinity whose statements are on file in this office that that same guerrilla party of which John B. Farr is stated to have made one member did some time in the month of August last proceed {p.1291} from Dranesville in the night to a place near Sandy Landing, and there laid in ambush for a number of U. S. soldiers who had crossed over from the Maryland side of the Potomac whom they fired upon, killing two or more and wounding one, which last was taken by said party to Dranesville, where a glorification was held by them and numerous other secessionists of that place, the company being made jolly with whisky purchased with money taken from the rifled pockets of the murdered soldiers. That these soldiers after thus being killed were robbed of arms and other things about their persons, among the rest a letter from one of their wives, and were also stripped of their clothing, which was afterward given to negro slaves owned by the men who thus savagely performed these sacrilegious acts and by said slaves was worn, while the dead and plundered bodies were left unburied on the field to be eaten up, as they were, by the rebels’ hogs; meantime the letter being publicly read and the other things shown as relics of their horrid chivalry.

Should it be hereafter claimed by Farr that he was not one of this party of murdering, plundering, savage robbers, and should it turn out that he was not with them on that particular occasion, it would by no means relieve him from the well-sustained charge of most outrageous and active participation in systematic and long-continued persecution of men and their families, driving them from the soil which they owned in the State of Virginia and committing their hard-earned property to devouring flames or rebel confiscation. It does not and will not relieve the said Farr from his acts as a member of that self-constituted committee in whose secret conclaves were made edicts against such men in Fairfax County as were guilty only of the crime of being friendly to the American Union, destroying their property, breaking up their homes and families, driving them from the State, and finally culminating in August last in scenes of fiendish barbarity, no matter by whom executed, scarcely paralleled in the civilized world,-Union soldiers shot down by these men in ambush, their pockets rifled of precious mementoes, their bodies stripped to furnish clothing for their negro slaves, and left unburied to be eaten up by hogs, while the money taken from them was made to contribute intoxicated madness to their bitter hate of the Union, and thus fit and prepare them for that Dranesville carnival of bestial joy over their brutal accomplishment of savage barbarity.

What cares such a man for an oath of allegiance, even if proof were not furnished (as it is) by the testimony on file that several of these same men who were arrested with Farr had said at different times that no such oath possessed a shadow of sacredness in their estimation? I am unable, general, to find in the case of Farr any extenuating circumstances attending his course, not even the poor and unsatisfactory excuse of a rebel soldier volunteering in the service and then acting under orders. Farr was a citizen, not called to take up arms by civil or military authority, but was animated alone by his own brutal instincts, to gratify which he marked out voluntarily his own pathway of cruelty and crime, continuing to follow it until arrested by the strong arm of military power.

I therefore respectfully suggest that said John B. Farr be not released from custody, but that he be held until a military court can afford him trial for his manifold crimes.

All of which, general, is most respectfully submitted by

Your obedient servant,

E. J. ALLEN.

* Omitted here. See Biddle to Porter, November 27, 1861, p. 1285.

{p.1292}

–––

HDQRS. CITY GUARD, OFFICE OF THE PROVOST-MARSHAL, Washington, January 17, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: I had the honor to receive from you with your request indorsed upon each for examination and report upon the respective cases therein mentioned three several communications * signed respectively by the following persons named, to wit: Kate Farr on behalf of J. B. Farr, William B. Day on behalf of himself, Charles W. Coleman on behalf of himself.

I also had the honor on the 13th instant to make a report to you in the case of said John B. Farr, but while making up said report I had not in my mind the order made by Major-General McClellan November 27, 1861, commanding that all the prisoners in custody suspected of having participated in the murder in August last of two U. S. pickets near Dranesville, Va., be held until a trial could be had in their cases and that the evidence in each case found be reported to him.

I have the honor here to repeat what was stated in the report made to you in the case of J. B. Farr that some time during the month of August last a midnight attack which had been previously planned by several of the citizens of the village of Dranesville and vicinity was by them made upon a squad of Union pickets who were on duty at Lowe’s Flats, near Dranesville, killing two and wounding one, and afterward committing upon the dead bodies such acts of inhuman and sacrilegious nature that they will challenge the civilized world to furnish a parallel.

The following are the names of the persons now under arrest and confined at the Old Capitol Prison who are suspected with a large array of evidence against them of the murder and acts of barbarity aforesaid: John B. Farr, John T. Day, William B. Day, Charles W. Coleman, John T. De Bell, R. H. Gunnell, John Coleman, Philip Carper and James Farr. In view therefore of said order of the commanding general I beg most respectfully to return without further report the three communications aforesaid inclosed herewith.

I have the honor to remain, very respectfully, your obedient servant,

A. PORTER, Brigadier. General and Provost-Marshal.

* See ante.

–––

HEADQUARTERS DEPARTMENT OF THE POTOMAC, Washington, January 30, 1862.

Brig. Gen. A. PORTER, Provost-Marshal.

GENERAL: The commanding general directs that the following-named prisoners, viz, John T. De Bell, case reported by E. J. Allen January 14, 1862; Dr. William B. Day, case reported by E. J. Allen January 17, 1862; John B. Farr, case reported by E. J. Allen January 13, 1862; Dr. John T. Day, case reported by E. J. Allen January 18, 1862; C. W. Coleman, case reported by E. J. Allen January 24, 1862; R. B. Gunnell, case reported by E. J. Allen January 25 1862; Philip W. Carper, case reported by E. J. Allen January 25, 1862; John Coleman, case reported by E. J. Allen January 25, 1862; James W. Farr, case reported by E. J. Allen January 27, 1862, who stand charged with the murder of Federal pickets in August last and with persecuting {p.1293} Union men in and near Dranesville be each and all of them kept in close confinement until such time as they can be tried by a military commission for the crimes with which they stand charged. ...

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

S. WILLIAMS, Assistant Adjutant-General.

–––

COMMISSION RELATING TO POLITICAL PRISONERS, Washington, March 24, 1862.

W. P. WOOD, Esq., Superintendent, &c.

SIR: You will please discharge James W. Farr [and] John B. Farr ... prisoners confined in the Old Capitol Military Prison, on their taking the oath of allegiance to the Government of the United States.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

COMMISSION RELATING TO POLITICAL PRISONERS, Washington, March 24, 1862.

W. P. WOOD, Esq., Superintendent, &c.

SIR: You will please discharge George G. Coleman and Richard Coleman, prisoners confined in the Old Capitol Military Prison, on their giving their paroles of honor that they will render no aid or comfort to the enemies in hostility to the Government of the United States.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

COMMISSION RELATING TO POLITICAL PRISONERS, Washington, March 25, 1862.

W. P. WOOD, Esq., Superintendent, &c.

SIR: You will please discharge R. H. Gunnell and John T. De Bell, prisoners confined in the Old Capitol Military Prison, on their taking the oath of allegiance to the Government of the United States.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

I, James W. Farr, of Dranesville, Va., do solemnly swear that I will support, protect and defend the Union and Constitution and the Government of the United States as established by that Constitution against all enemies whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same any ordinance resolution or law of any State convention or legislature to the contrary notwithstanding; and further that I do this with a full determination, pledge {p.1294} and purpose without any mental reservation or evasion whatsoever; and further that I will well and faithfully perform all the duties which may be required of me by law. So help me God.

JAMES W. FARR.

Sworn to and subscribed before me this 25th day of March, 1862.

JOHN A. DIX, Major-General.

[NOTE.-John B. Farr, R. H. Gunnell and John T. De Bell also subscribed to the same oath and were discharged.]

–––

HEADQUARTERS PROVOST-MARSHAL’S OFFICE, Washington, D. C., May 5, 1862.

Colonel TOWNSEND, Assistant Adjutant-General.

SIR: Dr. William B. Day, a civilian, is confined in the Old Capitol Prison and is held to answer very serious charges, and his release was refused by the commission (Judge Pierrepont and General Dix) on any terms.

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

W. E. DOSTER, Major and Provost-Marshal.

–––

WAR DEPARTMENT, Washington, D. C., May 20, 1862.

PHILIP W. CARPER, Old Capitol Prison, Washington, D. C.

SIR: I have to acknowledge the receipt of your letter of the 15th instant,* and to inform you in reply that your case has not been considered either with reference to an exchange or to a discharge from the military custody of the United States for the reason that you are held in confinement on the charge of having engaged in an irregular or guerrilla mode of warfare. Under these circumstances your application to be released on parole to return to your home in Fairfax County, Va., or for any other purpose cannot be granted.

Respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

* Not found.

–––

CITY OF WASHINGTON, June 4, 1862.

Hon. P. H. WATSON.

DEAR SIR: Dr. John [T.] Day, William [B.] Day* and Charles [W.] Coleman have at your suggestion and upon the advice of Mr. Mackall and myself consented to take the oath of allegiance to the United States. I respectfully ask that you order the release of John Day and Charles Coleman upon their taking the oath above stated. And so far as Dr. William Day is concerned he has left the matter entirely with Mr. Mackall and myself; he is willing to take the oath at our request, and we will give bond in the sum of $20,000 that the said Dr. Day will observe all his obligations.

I am, sir, yours, respectfully and truly,

JOHN S. HOLLINGSHEAD.

[Indorsement in pencil.]

Release of John [T.] Day and Charles Coleman ordered.

* Old Capitol prison records show that Day was released by exchange July 15, 1862-COMPILER.

{p.1295}

–––

WAR DEPARTMENT, Washington, D. C., June 4, 1862.

WILLIAM P. WOOD, Superintendent of the Old Capitol Prison.

SIR: You will release from custody Dr. John [T.] Day and Charles [W.] Coleman on their taking the oath of allegiance to the United States, Judge Pierrepont having recommended their release upon this condition. You will make return of your proceedings in these cases, indorsed hereon to the provost-marshal, that the proper entry may be made upon the records of his office.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

–––

WAR DEPARTMENT, Washington, D. C., June 12, 1862.

E. D. WEBSTER, State Department.

SIR: The Secretary of War desires to be informed of the grounds upon which Philip W. Carper* is held a prisoner of State. Also whether he is one of the number whom the commission recommended to be released on taking the oath of allegiance.

Yours, very respectfully,

P. H. WATSON, Assistant Secretary of War.

* Capitol prison records show that Carper was sent South for exchange, July 30, 1862.-COMPILER.

–––

Case of George W. Jones.

George W. Jones, of Iowa, former Delegate in Congress from Michigan and Wisconsin, U. S. surveyor-general, U. S. Senator from Iowa ,and late minister resident from the United States at Bogota, New Granada, was arrested in New York by an order of the Secretary of State on the 20th day of December, 1861. His arrest was a precautionary measure to prevent his carrying into effect a purpose he had repeatedly professed that he entertained-of going South to join his fortunes and his efforts with those of the rebels. In a letter dated Bogota, New Granada, May 17, 1861, addressed by Jones to Jefferson Davis, of Mississippi, President, &c., as his “noble and very dear friend,” Jones dwells at length upon his sympathy with Davis and his cause; his admiration of thy system of slavery; his hatred of all friends of freedom, and his own wrongs in being compelled by public opinion to emancipate nine slaves during his residence in the Territory of Iowa. He says:

You may well say as you do in your letter to me that you know you (I) will sympathize with us (you).’ How can I feel other, dear old friend, college mate and colleague, than sympathy for you and the people whom you represent on such an occasion? Born in what they tauntingly call a free State (Indiana), brought up in Missouri, and educated there and in Kentucky, and having resided for the last thirty-four years in Michigan, Wisconsin and Iowa, I cannot but he well acquainted with the principles, feelings and actions of the parties to the contest which is now going on in my beloved country.

When I went to Wisconsin, then Michigan, I took with me my servants whom at their request I purchased, they having been horn in Illinois and made slaves under the ordinance of 1787. Abolitionists who like Doty, Bronson, Burnett, et al., came to my house to share my hospitality told my slaves that they were free, and actually made the ignorant but happy Paul to believe he was free and to bring suit for himself and his sister Charlotte, both of whom you may recollect as they waited on you when you visited us. I had a vexatious and long law suit with Paul but triumphed over him and his abolition advisers. I served in Congress as Delegate from Michigan {p.1296} and Wisconsin two years each, and was then beaten for the third term by Doty because I served as a second in the Cilley and Graves duel and was a slave-owner. In 1841 I was removed from the office of surveyor-general of Wisconsin and Iowa by General Harrison administration through Doty’s influence as the then Delegate simply because I was a Democrat and sympathized with the South; no single objection having been made against me of any other character. Mr. Polk, God bless him, restored me in 1845, and put out the long-legged black Republican Jim Wilson, of New Hampshire, who had superseded me. I was transferred from the surveyor-general’s office in December, 1848, to the U. S. Senate, and driven therefrom by the Abolitionists in 1859, no other objection having been made to me save that I was a follower of the South and a “dough-face” for such men as yourself, Clay and other Southerners. If therefore I had no other reason for sympathizing with the South the bad treatment which I have received at the hands of Northern Abolitionists would have made me do so.

Further on in the same letter he says:

My prayers are all regularly offered up for the reunion of the States and for the peace, concord and happiness of my country. But let what may come to pass you may rely upon it as you say that neither I nor mine will be found in the ranks of our (your) enemies. May God Almighty avert civil war, but if unhappily it shall come you may-I think would without doubt-count upon me and mine and hosts of other friends standing shoulder to shoulder in the ranks with you and our other Southern friends and relatives whose rights like my own have been disregarded by the abolitionists. I love Wisconsin and Iowa for the honors conferred by them on me and because I served them always faithfully; but I will not make war with them against the South whose rights they shamefully neglected.

He concludes this long letter by saying: “The dissolution of the Union will probably be the cause of my own ruin as well as that of my country, and may cause me and mine to go South.” Jones states in this letter that his latest advices from the United States were of the date of February 22, 1861, so that he had barely heard of the installation of his correspondent as President of the insurgent Confederacy. Fearing, however, that his letter might not reach its destination he sent a copy by a subsequent mail accompanied by a letter dated Bogota, May 23, 1861, in which he says:

It will not be many months, I guess, before my successor shall present himself here. I shall then return home immediately to try and so arrange my financial matters as to be enabled to save my delightful residence as a home for my noble and beloved wife and our children. Should I fail in that I know not what I shall do or whither to look for another, for I shall not be willing to continue at Dubuque or in Iowa or the North.

I wish I had taken John M. Bass’ advice a few years ago and had sold off the most of my then valuable property and gone down to Louisiana, Mississippi or Texas and had purchased a cotton plantation as he did on credit, paying for it in a few years thereafter. Now my property is unsalable and I apprehend it will grow worse if the reunion of the States be not speedily effected. To cap the climax the dissolution of the Union will absolutely blast all my hopes. If Breckinridge or Lane had been elected business and prosperity would have soon revived, and besides I would doubtless have been retained here. ... I want you to write me and to give at length your views and opinions of the present and prospective condition of the country and advise me what to do. Your letter shall be confidential entirely if you wish it. I have, dear Jeffie, as your wife calls you, more confidence in your opinion than in that of any living man. The secession of the States leaves us National Democrats of the North who stood by you in a deplorable condition, and but that I know you could not do otherwise I should feel hard toward you for leaving us to the mercy of abolitionism. Even Crittenden’s amendments if all adopted would allay the storm but for a short time. The equilibrium should never have been broken up between the free and slave States, and I said and knew that twenty years ago.

As the mails were very irregular at that period in New Granada he had not sent off his letter before he concluded to send a further missive; and he therefore opened the envelope and inclosed a note dated Bogota, May 27, 1861, in which he comes to the point as follows:

MY DEAR FRIEND: As 1 have not been able to send off my letter to you I open it to write you a few lines and to make an earnest appeal to you as my old and valued {p.1297} friend and as the President of the Southern Confederacy in behalf of my only brother, General Augustus Jones, who resides at Columbus, Colorado County, Tex., and who I judge from the tenor of the inclosed letter from his charming young Virginia wife has become reduced in his pecuniary circumstances. I wish you, my dear friend, to provide some office for him, either in Texas, at the seat of Government of your new Confederacy, or anywhere else.

On the 1st day of August, 1861, Jones addressed a letter to Hon. L. E. Morse, New Orleans, in which he avows the same purpose of adhering to the cause of the insurgents, as follows:

I expect my successor, Allen A. Burton, of Kentucky, every day, and will leave on the next day after his arrival, being exceedingly anxious to return home to my family, my sons having left them to come down South to fight for the maintenance of the Constitution, the laws and the rights of the people of the South, as I intend to do if required to fight at all and it he possible for me to leave my family and my private affairs, now almost in a ruined state in consequence of the crisis.

In various letters from members of Jones’ family to him they allude to his proclivities and his probable determination to identify himself with the cause of the rebels. April 9, 1861, C. S. D. Jones, son of George W., writes to his father from New York giving an account of a visit he had made to the State Department, and an interview he had with Mr. Sanford, then just appointed minister to Belgium. It seems that Jones had made application to Doctor Mackie and Mr. Sanford to retain his position at Bogota. Young Jones describes Doctor Mackie as cool, and is surprised at discovering Mr. Sanford, “instead of being muco fino to be nothing more than a well-educated Yankee.” Mr. Sanford it seems had been at Bogota and young Jones had also been there afterward, and evidently had his envy excited by hearing the Bogotans speak of Mr. Sanford as a fine gentleman, while he emphatically avers that “he is nothing more than a pretty smart Yankee, no more to be compared with a Southern gentleman than Hyperion to a Satyr;” and again, “It strikes me that he had very little of the fine gentleman about him. He did not trouble himself about you, I feel pretty sure.”

The young man then adds:

Oh how deeply I regret that your poverty ever made you intimate to Sanford or Mackie that you would like to be retained. You ought to resign and come home if they do not send your successor soon. You owe it to your principles and friends in the South. Of course you know it by this time that the cotton States have seceded and that your old friend Jeff. Davis is President of the Southern Confederacy. All hail to it I say,-although I loved the Union dearly,-but I hate abolitionism and love the Southern people. Come home, and let’s move South and help them fight for their independence. The last news is that Old Abe will commence a war on the South. God protect us if he does. I feel a conviction that I shall fight for the South. Come home soon. I had not time to get you a pair of holsters made so I send you a pair of the common kind for those French pistols Mr. Matthew is to send. They are the best extant. You must keep them for our revolution, if we are to have one precipitated by those damnable abolitionists.

On the 16th of June, 1861, the same C. S. D. Jones wrote to his father from Dubuque setting forth his views of persons and public sentiment there, and saying:

As long as you were in the Senate or in a good office these fellows and those like them were very great friends of yours. But now things are changed. When you come home you will know these things more fully. What I wish to impress upon you now is that you must leave Dubuque or sink down and sacrifice your principles as no man of honor could ever think of doing. This is to express the hope that you will not allow first impressions or promises or inducements offered to you when you get to New York or Washington to compel you to make avowal of sympathy (if you have any) for Abe Lincoln and his war upon the South-that you will not do as Douglas and the rest of the semi-abolitionists at the North have done. I wish to advise you to keep all the money you have till you get home. Don’t pay Corcoran or any one else a cent till you have come home and seen for yourself. You will need {p.1298} more money here than you imagine. If you are opposed to the war and in favor of Southern independence yen must be circumspect and extremely careful till you arrive at home and get your accounts settled. Doctor Mackie is a very miserable Black Republican I assure you.

On the 31st of July, 1861, the same son writes to his father from Dubuque, giving an account of the battle of Bull Run, and says:

I expect a very speedy recognition of Southern independence by all the great powers at an early day. Viva in Confederacies! Jeff. Davis was very conspicuous during the battle, riding on a white horse. He commanded the center, Beauregard the right, and General Johnston the left. God bless them all and their people is my heartfelt prayer. How much I wish that we could have been there to share in the glory of that day. George went to Nashville about the 26th of May last with my approbation. He was engaged for a little time in drilling recruits but is now staying with Col. B. R. Johnson.

On the 6th of August, 1861, he again writes to his father from Dubuque, saying:

This will be most probably my last letter to you before our next separation, which I trust an identity of principle and interest will render unnecessary. ... With reverence I say it, I think I seethe finger of the Almighty in the battle of Manassas, in your going to Bogota and in Mr. Seward’s doing you the eminent favor to recall you. I regard this act as the greatest favor to you that he could have done possibly-not the transfer to a mission worth $50,000 a year could have been half so desirable and honorable in my mind. Thus you will not suffer the disgrace of having served Lincoln’s abolition Government for pay when your sense of honor and lifelong principles condemned it as disgraceful. ... I’d rather this minute accept with joy the most abject misery and poverty than be the favorite Pennsylvania contractor under Cameron and support the war or go to this war with the brightest epaulettes that ever were worn, or support it (the war) in any way. ... I hope you will not pay Corcoran any money; at least not until you come home and pay your taxes.

On the 14th of August, 1861, he wrote to his father from Dubuque, saying:

The Chicago Tribune that came last night contained the inclosed slip which I send that you may take a salutary hint from Mr. Faulkner’s case.* You cannot be tee cautious, even hypocritical, if you are anti-Lincoln or anti-abolitionist in order to get your accounts settled and come safely home with your dues.

On the 8th of September he writes these words:

You cannot be too cautious and discreet about your political expressions, at least till after you leave Washington-that is if you are opposed to Lincoln’s truculent policy against the South.

On the 25th of September he writes from Cincinnati these words:

You ought to keep whatever money is due you in drafts on New York till you get home and see the condition of affairs there. * I understood before I left home that orders had been received to fill up Vandever’s regiment immediately, and I suppose that this meant impressment. However, I did not wish to aid in this war even by getting a substitute if I were drafted, so I am here.

On the 10th day of July, 1861, Jones’ wife wrote him a letter from Dubuque in which occurs the following passage:

Our beloved country is in a terrible condition and we know not what to say or do. I am sick of this war. It is fairly grinding to me and I wish an end was put to it in some way; anything better than bloodshed; but it seems that such leaders of the Administration as the Blairs are for the war and nothing else. I hope the South will make a desperate effort upon them ere long, and succeed, if they continue the cry of war as they do now.

On the 25th of August she wrote him again from the same place saying:

The Government have given orders to suppress the papers that are against Lincoln’s cause and I reckon the Herald will be stopped here. You cannot form an {p.1299} idea of the state of affairs. Men that were thought decided in their opinions have changed and there is no confidence placed in any one. ... He (Colonel Heath) is in debt, and if he was not so busily engaged in going to fight for abolitionists (though he says for the Union; that is gone forever) he would be put in jail, so little do they care for him. ...

The First Company of Iowa Volunteers returned here on Friday morning and had a grand reception, a breakfast prepared for them at the Washington Square. The streets and almost every business place were decorated with evergreens, flowers, banners, &c. I did not go down town for I do not countenance anything for this war. I beg of yen, my beloved husband, to be careful of what you say. We have cautioned you enough in our letters, written some time ago, but you cannot be too careful. It will be time enough to make your sentiments known after you settle with the Government, get your money and come home. ... If you get what is due to you when you get to Washington I shall be content. Do not pay it out to Corcoran or any one until you reach home. You can send them what you can spare. ... We hear occasionally from George, who is in Nashville and thereabouts; he says that he is perfectly happy and will not move from there until the war is over and then only to visit, for that is his adopted country. ... Be careful what you say or do and get home to me as soon as you possibly can. ... When you get here he (Charles) will leave here, I reckon, for he hates most of the people, and it will be much better for him to do so. ... Judge Pollock told Colonel Heath the other day that he heard you had left Bogota several months ago and had joined the Confederate Army. He said if we knew General Jones to be a Union man (that is against the South) we would elect him Governor. We do not say what we think of your politics, and be careful what you say until you get home.

These extracts from the letters of his wife and son, showing that they were fully prepared to assume with confidence that he would unhesitatingly join his fortunes with the rebel cause and would heartily approve the course of his sons in doing the same, served to give confirmation and emphasis to his own treasonable declarations. Jones in his correspondence generally adds further weight to the evidence furnished by his wife and son of his long-cherished and habitual sympathy with the feelings and purposes of the conspirators who originated the rebellion. His letters to Jefferson Davis disclose the treason he was then contemplating. He had just learned the first movements of the rebellion, the secession of five or six States, the formation of a pretended Confederacy and the inauguration of his correspondent as President thereof at Montgomery. He, a minister of the United States, hastened to give the rebel chief not only assurances of his sympathy, which had been anticipated, but also of his approbation, adherence and aid. His recognition of the rebel Government was immediate and his call for political reward from it for his family equally prompt. To give Davis assurance of his sincerity he wrote him a history of his life to show that his views and feelings had always harmonized with the interests on which the rebellion was founded. There is not in either of his letters to Davis a single word of dissent, disapprobation, remonstrance, reproach, admonition or caution in regard to his treasonable course; but unqualified sympathy, approbation and adhesion. The same is true of his letter to Morse.

The said Jones remained in custody at Fort Lafayette February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* See arrest of Charles J. Faulkner, p. 463, et seq.

–––

DEPARTMENT OF STATE, Washington, December 19, 1861.

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

SIR: As this Department has proof of the disloyalty of G. W. Jones, late U. S. minister to New Granada, I will thank you to direct that the payment of any moneys due to him in that character be suspended.

I have the honor to be, your obedient servant,

WILLIAM H. SEWARD.

{p.1300}

–––

DEPARTMENT OF STATE, Washington, December 19, 1861.

General ANDREW PORTER, Provost-Marshal, Washington.

GENERAL: I will thank you to cause George W. Jones, late U. S. minister to New Granada, who is understood to be now in this city, to be arrested and taken to Fort Lafayette, N. V., in charge of a trustworthy person.

I am, your obedient servant,

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, December 19, 1861.

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

George W. Jones, ex-U. S. Senator and ex-U. S. minister to Bogota, left here in the 5 o’clock train to-night. Arrest and convey him to Fort Lafayette.

WILLIAM H. SEWARD.

–––

NEW YORK, December 20, 1861.

His Excellency ABRAHAM LINCOLN, President of the United States, and his Cabinet:

I respectfully and earnestly ask permission to return to Washington City under my parole of honor to ascertain there why I have been arrested here, and to answer to whatever charges may have been preferred against me. On the 3d or 4th of November I took and subscribed to the usual oath as bearer of Judge Barton’s dispatches to support the Constitution of the United States.

I am, very respectfully, &c.,

GEO. W. JONES.

–––

OFFICE OF SUPERINTENDENT OF POLICE, New York, December 20, 1861.

Lieut. Col. MARTIN BURKE, Fort Hamilton.

SIR: I am directed by the Honorable Secretary of State to deliver ex-Senator George W. Jones, late minister to Bogota, into your custody for safe-keeping. You will please send me a receipt for his body per bearer.

Very truly, yours,

JOHN A. KENNEDY, Superintendent.

–––

DEPARTMENT OF STATE, Washington, December 23, 1861.

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

SIR: Your letter of 21st instant* inclosing letters taken from George W. Jones at the time of his arrest has been received.

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

F. W. SEWARD, Assistant Secretary.

* Not found, but see extracts from Jones’ correspondence preceding.

{p.1301}

–––

DEPARTMENT OF STATE, Washington, December 28, 1861.

BEN. M. SAMUELS, Esq., Dubuque, Iowa.

SIR: Application has been made to this Department by the Hon. James Harlan for permission for you to see the correspondence of George W. Jones, a prisoner now confined in Fort Lafayette. In reply I have to state the rules at present adopted by the Department forbid compliance with your request.

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

F. W. SEWARD, Assistant Secretary.

–––

DEPARTMENT OF STATE, Washington, January 10, 1862.

Hon. JAMES W. GRIMES, U. S. Senate.

SIR: Your letter of the 7th instant* requesting information in regard to the ground upon which George W. Jones was arrested has been received. In reply I am directed by the Secretary of State to say that he was arrested upon a charge that while holding the position of minister of the United States in New Granada he was engaged in treasonable correspondence with Jefferson Davis and other persons engaged in a conspiracy against this Government.

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

F. W. SEWARD, Assistant Secretary.

* Not found.

–––

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-named 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. ... George W. Jones. ...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

* See p. 240 for Burke to Thomas, notifying him of the release of 36 prisoners, including Jones, in accordance with this order.

–––

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.

GEO. W. JONES. [AND 35 OTHERS.]

Witness:

HARRY C. EGBERT, First Lieutenant, Twelfth Infantry.

{p.1302}

–––

WAR DEPARTMENT, Washington, March 3, 1862.

Hon. JAMES W. GRIMES, U. S. Senate.

SIR: The Secretary of War directs me to acknowledge your letter of the 31st ultimo* and its inclosures to the Secretary of State asking that copies of the intercepted letters of George W. Jones, of Dubuque, Iowa, may be furnished to you, and to state in reply that for reasons affecting the public welfare he feels it to be his duty respectfully to decline complying with your request at the present time.

I have the honor to be, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

* Not found.

–––

DEPARTMENT OF STATE, Washington, March 31, 1862.

Hon. JAMES W. GRIMES, U. S. Senate.

SIR: Your letter of this date* and its two inclosures relative to the intercepted correspondence of Mr. George W. Jones has been duly received. In reply I have the honor to inform you that the subject shall be brought before the Secretary of War, to whom all these papers were transferred* on February 14, 1862.

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

F. W. SEWARD, Assistant Secretary.

* Not found. None of the papers referred to can be found among the records in the War Department.

–––

DEPARTMENT OF STATE, Washington, January 16, 1863.

E. R. MEADE, Esq.

DEAR SIR: I received the note which you addressed to me on the 14th instant informing me that you have been retained by George W. Jones, of Iowa, to institute proceedings against me for damages growing out of his recent arrest and imprisonment, and in consideration of courtesy and mutual convenience suggest that if it should be agreeable to me I might refer you to attorneys in New York who could enter an appearance for me and thereby dispense with personal service of process. I thank you very sincerely for the consideration which you have manifested in this respect, and pray you to be assured that it is duly appreciated.

I have to state in reply to your suggestion that the matter involved is an official one, and I am not at liberty to unite or favor the proceedings which you regard it as your duty to institute. For this reason I must leave you to conduct the affair in your own way. Your letter is marked personal, which is very proper so far as you are concerned, but the same consideration which I have before mentioned has obliged me to regard it as a public one, and that communication together with this answer has thereupon been submitted to the President of the United States.

I am, dear sir, your very obedient servant,

W. H. SEWARD.

{p.1303}

Case of F. M. Ellis.

Ellis was arrested by order of Major-General McClellan December 20, 1861, and committed to the Old Capitol Prison on the charge of being a spy. The only information on file in the Department of State relative to Ellis appears as an indorsement upon a returned order granting permission for one H. D. Turner to visit the prisoner, which reads as follows, viz:

HEADQUARTERS CITY GUARD, OFFICE OF THE PROVOST-MARSHAL, Washington, January 16, 1862.

Respectfully referred to Hon. F. W. Seward, Assistant Secretary of State.

The prisoner, F. M. Ellis, by order of Major-General McClellan, is being held in close confinement on the charge of being a spy for the rebel Government

A. PORTER, Brigadier-General and Provost-Marshal.

The said F. M. Ellis remained in custody at the Old Capitol Prison February 15, 1862, when he was transferred to the charge of the War Department.-From Record Book, State Department, “Arrests for Disloyalty.”

–––

HEADQUARTERS PROVOST-MARSHAL-GENERAL, ARMY OF THE POTOMAC, March 18, 1862.

Hon. E. M. STANTON, Secretary of War.

SIR: I have the honor to report that I received on yesterday from the War Department-it being referred to me for report-a communication signed F. M. Ellis, and by Ellis addressed to yourself, which communication I return herewith appended; that in the case of F. M. Ellis I have to report that in September last Ellis was introduced to me by General R. B. Marcy, chief of the staff of Major-General McClellan; that he represented himself as having been in the employment of General Mansfield in the secret service of the Government, and was by me employed to operate in Virginia in the secret service of General McClellan; that at the time I employed Ellis in the early part of September he was not possessed, as I believe, of any pecuniary wealth, but on the contrary was pressed for small sums for everyday purposes; that within the short space of about three months, and mostly within the time of his last trip to Virginia, made in November, he became suddenly possessed of nearly $4,000, which I found upon his person in the shape of Treasury notes made payable to his own order, and money; that he made three trips to Richmond while in my employ, declining to make another after he had returned from the last and had been North to New York City and State, perfecting as he represented arrangements to go again to Richmond; that he declined going after his return from New York in November because he considered it would be dangerous for him to do so, about which he said nothing on his return from Richmond from his last trip but the contrary.

That on the first trip made by Ellis to Richmond he became acquainted with, and, if his own report can be credited, was taken into the bosom of confidence by the leading officers at Richmond of the rebel Government, this trip being made in the month of September; that in October last he made a second trip to Richmond, taking with him by my consent and with the approbation of Secretaries Seward and Chase and Major-General McClellan a quantity of bank-note paper for the rebel Government, as by supply of that to the Secretary of the Treasury of the rebel Government Ellis could better deceive them as to his real character, {p.1304} and thus obtain what he was sent for-the most interior of their designs; that on the starting upon his third trip he was allowed the privilege of taking more bank-note paper but he declined, representing that he had now (then) become so well known to the rebel Government, and the privilege of carrying letters to and fro having been allowed to Ellis (all such letters passing through and being examined at this office) that he did not care about taking bank-note paper, although it was well known that he could sell it to the rebels for 100 per cent, more than New York value, and he was allowed to have what he could thus make besides his salary; that it afterward turned out that his object for so declining to carry anything which had my approval was that he had engaged to the rebels to carry for them cases of surgical instruments and other articles which he did carry and without my knowledge and which he could not have obtained permission to carry if it had been known to me.

That on his return trip from Richmond in November he received various sums of money from different persons to bring North to their friends and bankers; that among other sums received he was intrusted by Mr. A. H. Herr, of Harper’s Ferry, to bring to Baltimore, and for bringing which he received of Mr. Herr $10, a package containing the very large sum of $19,971; that instead of delivering this large sum as agreed to the bankers of Mr. Herr, Baltimore, Ellis opened the package and took therefrom all which was in a convertible shape, such as coupons, &c., and money, appropriating the same to his private use, retaining the drafts and bills of exchange which were payable to order until he was arrested some twenty days after his declining to go South on the fourth trip; that said Mr. A. H. Herr became alarmed about his money, it being nearly all he was worth, and went from Harper’s Ferry to Baltimore to see about it; that being a Union man he received aid from Major Tyndale, at Sandy Hook, and traced Ellis to this office, where he developed to me the fraud of Ellis; that upon consultation with General McClellan his arrest was ordered and Ellis taken into custody, when upon his person were found the notes, drafts, bills of exchange and money equal to the amount given in his charge by Mr. Herr, and in addition about $4,000 as of kinds before stated; that Ellis was placed in custody at the Old Capitol Prison, where he afterward signed an order to deliver to Mr. Herr the drafts, bills of exchange and money realized from the sale of coupons, &c., equal in amount to the package given by Herr to Ellis at Harper’s Ferry-$19,971; that afterward Ellis provided for the payment of several smaller sums which he had retained from other persons whose friends had intrusted Ellis by allowing me to sell for him part of the Treasury notes (which he claims in the communication hereto attached was invested in from motives of patriotism) for the purpose of paying over the money in the several sums thus so long fraudulently withheld; that Mr. Herr stated-which statement was made in writing, and is now on file in this office-that on the occasion of his intrusting Ellis with the package of money at Harper’s Ferry Ellis told him that he was going to return back to Richmond where he had been offered and had accepted an office or situation of valuable character under the rebel Government; that Herr further stated that Ellis said to him on the same occasion that his friends little knew the part he was playing in this “grand drama;” that Ellis told him that that was his fourteenth trip from Washington to Richmond and back; that he (Ellis) had heard of Herr as being a Union man; that he (Ellis) had no doubt of the final success of the South, but after and not without a desperate struggle.

That Ellis was until lately and for some time a resident of New Hartford, N. Y., near Utica, where his mother and sisters reside; that the {p.1305} Rev. H. W. Read, of the Treasury Department, was from New Hartford and has relatives there, among others a brother, James Read, who writes to his brother here under date of January 7 and later dates saying that when Ellis was there (New Hartford) last, after his last return from Richmond, he was boasting how much more he had made out of the rebels than he did out of our Government; that he (Read) thought Ellis was a traitor and spy, and requesting his brother in the Treasury Department to caution the President as Ellis would do anything for money.

That Ellis as I have since learned went to visit our camps on the Virginia side of the Potomac at two different times just before starting to Virginia each time, which act of his was strictly and constantly forbidden to any and all of my operatives whose field of action was within the enemy’s lines, leaving no doubt upon may mind that Ellis was what he has acknowledged himself to be-a traitor and a spy; that when to his own admission is added the other corroborating testimony there is every reason to believe that Ellis was not only a most barefaced swindler and cheat but that he was really in the employ of the rebel Government, from whom he must by his own showing have received large sums of money; that during his term of employment by me had he been ever so prudent, which he was not but very extravagant, he could not have legitimately and honestly saved over $500; that as already recited he entered my service for the Government in September in debt and without any money, and left it in November or early December-having made large expenditures about his person and something for his friends-with nearly $4,000 in his pocket besides the fraudulently kept money, &c., of Mr. Herr, $19,971.

I respectfully submit that Ellis is one of the most dangerous men who could be found, and the interests of the Government sternly demand that he should be held while the rebellion lasts, and that he should be tried for the gross and glaring wrongs and traitorous acts which he has committed, and which might have turned the destinies of a mighty nation. That the money except what has been paid out for account of Mr. Ellis by his own orders and the amounts paid to himself; together with the Treasury notes, have been handed over to the superintendent of the Old Capitol Prison, William P. Wood, esq.

All of which is respectfully submitted by your obedient servant,

E. J. ALLEN.

–––

HOUSE OF REPRESENTATIVES, Washington, March 27, 1862.

B. D. WEBSTER, Secretary of Commission.

SIR: Among the persons confined in the Old Capitol Prison on suspicion of infidelity to the Government is Mr. F. M. Ellis. He is a townsman of mine and came here last summer partly on my recommendation to engage in the spy service, for which his friends deemed he had a peculiar fitness. I had known him for two or three years previous. His character for loyalty, integrity and morality I had never heard questioned up to the time of his arrest. He served some time under the direct orders of General Mansfield with great acceptability and usefulness. He was subsequently under the orders of Major Allen, and made three trips to Richmond with great success. He was desired to go the fourth time but declined for the reason that he did not deem it safe to do so. He was soon after arrested on the order of the provost-marshal, on what charge neither he nor I ever knew.

{p.1306}

I saw Mr. Ellis frequently while he was in the spy service, and I never observed anything in his conduct which could justify a suspicion of unfaithfulness to the Government. He showed me his private papers after his last return from Richmond which he had collected together in a scrap-book to preserve as a relic or trophy of his success. This he exhibited freely to his friends, He would hardly have done this if he thought the papers it contained would furnish any evidence of treasonable conduct. That book taken in connection with the reports he made from time to time to the secret-service department will I think furnish conclusive evidence of his innocence. In his behalf I ask that he may have a speedy examination. He has relatives in New Hartford, N. Y., among others a mother-in-law of infirm age, who are dependent on him in a measure for support. If he is innocent, as I believe he is, he should have the earliest opportunity to vindicate himself. As you have known me well for many years I need not furnish any references as to my character.

Yours, truly,

R. A. SHERMAN.

[Indorsement.]

I need hardly say that I have the utmost confidence in the judgment of General Sherman. He knows thoroughly the facts which he states.

R. CONKLING.

–––

COMMISSION RELATING TO POLITICAL PRISONERS, Washington, March 28, 1862.

W. P. WOOD, Esq., Superintendent, &c., Washington.

SIR: You may discharge Frank M. Ellis, a prisoner confined in the Old Capitol Military Prison, on his taking the oath of allegiance to the Government of the United States and engaging that he will return to the State of New York and will remain in said State or the New England States and will not leave the same without permission from the Secretary of War.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

I, Frank M. Ellis, of New Hartford. N. Y., do solemnly swear that I will support, protect and defend the Union and Constitution and the Government of the United States as established by that Constitution against all enemies whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State convention or legislature to the contrary notwithstanding; and further that I do this with a full determination, pledge and purpose without any mental reservation or evasion whatever; and further that I will well and faithfully perform all the duties which may be required of me bylaw. So help me God. And that I will return to the State of New York, and will remain in said State or the New England States and will not leave the same without permission from the Secretary of War.

FRANK M. ELLIS.

Sworn to and subscribed before me this 28th day of March, 1862.

EDWARDS PIERREPONT.

{p.1307}

–––

Case of Michael Thompson and Lewis L. McArthur.

Michael Thompson* was arrested in Washington December 21, 1861, by order of Brigadier-General Porter, provost-marshal, and committed to the Old Capitol Prison. The charges against Thompson were that he was a spy; that he was closely connected with the principal rebel sympathizers and spies in Washington; that he has been engaged in sending important information of a military and naval character to the rebels, and that plans for ciphers evidently concocted by him with reference to a continuance of such treasonable practices were found in his possession. The said Michael Thompson remained in custody at the Old Capitol Prison in Washington February 15, 1862, when in conformity with an order of the War Department of the preceding day he was transferred to the charge of that Department.

This person [Lewis L. McArthur] was arrested in Washington, D. C. December 21, 1861, by order of the Secretary of State and committed to the Old Capitol Prison. He was charged with being implicated with one Michael Thompson of Washington in collecting and forwarding information for the benefit of the insurgents. Fourteen letters found on board of the captured schooner Lucretia addressed to persons in the insurrectionary States were proven to be in the handwriting of McArthur, and a rebel flag was found concealed in his trunk. The said Lewis Linn McArthur remained in custody in the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* In connection with these cases see case of Mrs. Greenhow, p. 561, et seq.

–––

WASHINGTON CITY, D. C., December 21, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: To-day I was arrested and am now confined in the Old Capitol as a prisoner of state. Since coming here I have received intelligence that a secession flag was found in my trunk. I deem it prudent to make the following statement in order that the matter may be made clear: When the seceded States first-or about that period-attempted to establish their own government I was at Irving College, Manchester, Md. A number of the students requested me to make a flag in order that it might be displayed to the public. I complied with their request, made the flag and hoisted the flag in the campus. The president of the college ordered me to take it down. I obeyed and since that time the flag has been lying in my trunk, only two persons having seen it since. M. Thompson saw it but once and then he ordered me to destroy it. It was a relic to me and I refused to obey. He doubtless supposed I had destroyed it. I never intended to use the flag for any rebellious purposes. I am, sir, perfectly willing to make oath to the above statement if need be.

Trusting that your honor may promptly receive and duly weigh this statement, I remain your very humble servant,

LEWIS LINN MCARTHUR.

{p.1308}

–––

HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., January 9, 1862.

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

GENERAL: I have the honor to report that on December 21, 1861, Michael Thompson, attorney at law of this city, was arrested and confined in the Old Capitol under the following circumstances: On the arrest of Mrs. R. Greenhow August 23, 1861, the fragments of a note to her from one G. Donellan were found in her stove, which showed that it had but recently been destroyed. This Donellan had formerly been employed as a clerk in the Department of the Interior. He was then engaged with her in forwarding treasonable communications to the rebels and is now in one of the departments of the rebel Government at Richmond. A copy of the above note is subjoined:

PRIVATE.]

SATURDAY MORNING, July 20, 1861.

Mrs. R. GREENHOW, Present.

MADAM: I depart this morning regretting my inopportune absence; however, there is something to convey which I trust may prove valuable at least. Colonel Thompson, the bearer, a true South Carolina gentleman, will be happy to take from your hand any communication and obey your injunction as to disposition of same with dispatch. It may not be too late immediately you return to ascertain something important regarding the movements of the two or three next succeeding days, and I apprehend there will be something worth dispatching. Colonel T[hompson] will verbally inform you of the extent of my information now and what I conjecture will be done in order to acquaint you of what will be communicated.

Very respectfully,

G. DONELLAN.

On finding the above letter I perceived the necessity of ascertaining who Colonel Thompson was, and consequently directed operations to this end, detailing one of my operatives to attend to this. In the investigations thus rendered necessary my operative became acquainted with a Mrs. Phelps, from whose own avowals to him proof was obtained of her treasonable sentiments and intentions. She also expressed herself particularly anxious to apprise the Charleston people of the supposed destination of Du Pont’s fleet. Our operative, passing himself as a Georgia secessionist, said he would make a determined effort to convey said information, and that he should succeed if she would introduce him to some of our friends here who were right on Dixie. She replied that Col. Michael Thompson, a South Carolina lawyer in her confidence, was all right. She offered personally to introduce our operative to him, which the latter declining she gave him a letter of introduction, telling him to speak plain to Thompson as he (Thompson) could be trusted.

Shortly afterward our operative was informed by Mrs. Phelps that Mr. Thompson was very anxious to see him and had asked her if she was sure her Georgia friend (my operative) was not a spy on them, “as,” said Mr. Thompson, “the Government detectives are trying all those games.” He also remarked that she ought to be very careful whom she trusted, &c. Not deeming it policy at that time that my operative should thus become personally acquainted with Thompson an excuse was at that time made to Mrs. Phelps setting forth the urgent necessity of my operative to return South, and with expressions of deep regret on his part that he could not at that time become acquainted with Col. Michael Thompson he left Mrs. Phelps on his supposed return to the rebel States.

Having thus found that Michael Thompson, attorney at law, 432 G street, was to be relied on as safe to talk with on treasonable subjects and also for forwarding correspondence with the rebels the conclusion {p.1309} was easily arrived at that he was identical with Colonel Thompson, the South Carolina gentleman spoken of in the letter previously inserted in this report from G. Donellan to Mrs. R. Greenhow. “Shadows” were consequently placed upon his person, and this process soon developed his close and intimate connection with all the active and leading rebel sympathizers in this city, among whom were W. T. Smithson (alias Charles R. Cables), Doctor Van Camp,* Lewis L. McArthur, &c.

On the 19th of December last the Navy Department sent to this office a package of letters taken from the schooner Lucretia. Evidence has been adduced proving that said package was to be sent within the enemy’s lines at the first opportunity. In this package were found letters from the said Michael Thompson to parties in the rebel States to wit: Martin Wallace, Young’s Store, Laurens District, S. C.; Jesse Thompson, Chattanooga, Tenn.; Dr. C. P. Woodruff, Woodruff’s Post-Office, Spartanburg District, S. C.; Franklin Thompson, esq., Lamar, Marshall County, Miss.; Ellis Thompson, esq., Young’s Store, Laurens District, S. C.; Messrs. Young & Simpson, Laurens Court-House, S. C., signed with his initials in cipher; William A. Maury, esq., attorney at law, Richmond, Va.; two letters, one signed in cipher (M. Thompson); General Jacob P. Chase, Warrenton, Fauquier County, Va.; Messrs. Newton & Hall, attorneys at law, Bastrop, La.; Messrs. Matthews & McFee, Bastrop, La.; Messrs. Barrow & Pope, Baton Rouge, La.; F. B. Stubbs, esq., Monroe, La.; W. A. Compton, esq., attorney at law, Bastrop, La.; agreement to procure land patent for Margaret O. Kilkreuse, Carroll Parish, La.; four certificates for land patents addressed to different persons South.

Eight of the preceding letters, the agreement and certificates, were inclosed in a cloth envelope directed to William A. Maury, attorney at law, Richmond, Va. Five letters inclosed checks payable to William A. Maury. William A. Maury is a cousin and son-in-law of Lieutenant Maury, late of the U. S. Navy, and a brother of Rutson Maury,** arrested in Cleveland, Ohio, in the act of taking a mail to the rebel States, now confined in Fort Lafayette. In the letter in the above list addressed to his brother, Jesse Thompson, Chattanooga, Tenn., Michael Thompson narrates the circumstances of his nephew’s leaving his law office to enter the rebel army in such a manner as to leave no doubt as to his secession proclivities. Though cautiously worded the undercurrent is obvious throughout. Occasionally it rises to the surface, as when he writes of the “outrages perpetrated upon the Confederate prisoners in this city,” and of his nephew leaving for Virginia “one fine Sunday morning, remarking that he would return in company with Beauregard and Davis if he did not get killed.” Though knowing his nephew’s intention to leave he took no efficient measures to prevent their being carried out. In the letter addressed Franklin Thompson, esq., Lamar, Miss., he asks, “Where is your son who so nobly distinguished himself in the battle of Fort Sumter?” In the package of letters thus seized were several addressed to persons in the rebel States in which treasonable sentiments were avowed and important military information contained.

Subsequently to his arrest on being examined at this office he absolutely refused to state who were the parties engaged in carrying these mails to the rebel States, or to whom he delivered these letters to be conveyed South. On his examination at this office he refused to take the oath of allegiance to this Government. After his arrest his person, {p.1310} house and office were searched and the following treasonable documents obtained, to wit: A letter from G. Donellan (mentioned at the commencement of this paper) addressed to said Thompson, proving the writer and recipient to be on intimate terms. When examined at this office Mr. Thompson admitted that he was an acquaintance of Donellan. In the desk of Lewis L. McArthur, a law student and confidential clerk of Thompson’s, was found secreted a plan for a new cipher, in the handwriting of Mr. McArthur, signed by Thompson in cipher ({cryptic}). The object of certain signs used in this cipher is stated to be-

To mislead and confound the impertinent scoundrel into whose hands it might improperly fall, and who might desire to read, decipher, understand and pry into State and individual secrets. I think this the easiest alphabet for us, and at the same time the most difficult for the enemy to decipher.

Many of the characters contained in the ciphers found in Thompson’s house are similar to the characters in the cipher used by Mrs. Greenhow in her correspondence with the rebels. There was also found in the possession of Thompson other letters of which the following are extracts:

WASHINGTON, July 18, 1861.

MY DEAR MRS. THOMPSON:

Please say to your husband that from the morning papers and the extra Star just being circulated the Southern Army were not apprised of the marching orders of General Scott, who by the by forwards 7,000 axes to clear a road in the rear of Beauregard. I send you the extra Star, as you may not have yet obtained it. General Lee taught General Scott to survey roads in the rear of the enemy’s forts in Mexico. This strategy may be resorted to by Scott now if Beauregard is unaware that 15,000 men have already advanced in his rear. A good sober-minded Philadelphian was raving at our house this morning about the Stars and Stripes. I soon jerked off the mask that conceals naked covetousness, and he assured me that the North had no institution to bind them together while the South had the threefold cord of slavery; therefore the North would be utterly disintegrated if secession was tolerated at all.

Affectionately,

M. H. S.

From the handwriting of this letter I have no doubt but that the writer is Mrs. Henry S. Schoolcraft.

DECEMBER 12, 1861.

Colonel EMPTY:

Barely time to write a word or two; to delay were to run hazard of delay of a week. I shall only say what I have said before; all that you do and that our good friend has done are understood in the right quarter and appreciated. I had hoped to be able to write him a full business letter, but the messenger has come for my letters before I am ready. I inclose a cipher; as you will perceive it is different from yours. Yours even can be used on same principle. The trouble and risk of yours was the repetition of the same character in the same word, by means of which any character cipher can always be worked out. This risk I obviate. I hope it will reach you all safely.

Yours, sincerely,

THOMAS JOHN RAYFORD.*

* Thomas John Rayford was in fact Col. Thomas Jordan, of the Confederate Army. See p. 564, case of Mrs. Greenhow.

In short the evidence in this case substantiates the following facts:

That he has endeavored to create among rebels false impressions concerning our treatment of rebel prisoners, thereby increasing the animosity felt toward this Government by its deluded citizens and stimulating their resistance to legitimate authority; that he was privy to his nephew leaving this city for the purpose of joining the rebel army, but though perfectly able to do so took no means to prevent his intentions being carried out; that he refused to take the oath of allegiance; that he is closely connected with the principal rebel sympathizers and spies in this city, such as William Smithson, Doctor Van Camp, Mrs. {p.1311} Phelps and Mrs. Greenhow, and also with other rebel emissaries who were in this city but are now within the lines of the enemy, such as G. Donellan; that he is strongly recommended by them as a safe, confidential and reliable agent for carrying out their treasonable designs, especially for sending important military and naval information to rebels; that accordingly he has been engaged in sending such information, and that plans for ciphers evidently concocted by him with reference to continuing such treasonable practices were found in his possession; that, bound as he is to the insurgent States by every tie of blood, of honor, of sentiment, of society and of interest both personal and political,-a man of subtle intellect, finished education, practical energy, polished manners and attractive address,-he is too dangerous to be permitted to go at large conveying important information to that enemy which we keep an army in the field to subdue. I therefore respectfully recommend as a military necessity that Michael Thompson be kept in close confinement until the conclusion of the war.

All of which is respectfully submitted by your obedient Servant.

E. J. ALLEN.

* See case of Van Camp, p. 561.

** See case of Maury, p. 1041.

–––

HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., January 9, 1862. (Received 11th.)

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

GENERAL: In accordance with the request of the Hon. William H. Seward, Secretary of State, directed to you and requesting you to report on the case of Lewis Linn McArthur, law student and confidential clerk of Michael Thompson. I have the honor to report that the said McArthur was arrested and confined in the Old Capitol under the following circumstances, to wit:

When engaged in the arrest of Michael Thompson on December 21, 1861, my operative noticed the similarity of some writing on the desk of his law student (McArthur) to certain treasonable correspondence signed by Michael Thompson found on the steamer Lucretia in course of transmission to the rebel States. McArthur on being asked if the said writing was his replied in the affirmative, on which his arrest was immediately effected. An examination of the correspondence above mentioned demonstrated that fourteen of the letters found on board the Lucretia and directed to parties in the rebel States were in the handwriting of McArthur, signed by Michael Thompson, their contents being unquestionably treason able. On searching McArthur’s desk a paper was found in his handwriting signed by Thompson in cipher ({cryptic})-a plan for a new cipher. The object of certain signs used in it is stated to be-

To mislead and confound the impertinent scoundrel into whose hands it might improperly fall and who might desire to read, decipher, understand and pry into State and individual secrets. I think this the easiest alphabet for us, and at the same time the most difficult for the enemy to decipher.

On a search of McArthur’s trunk a rebel flag was found therein. The following extracts are from two unfinished drafts found in his desk in his handwriting addressed to his grandfather:

I hope, however, that this state of things will soon change. Indeed I am perfectly satisfied that we are on the eve of great political developments which will put a veto on this war and hurl the abolition fanatics from their thrones. The ultras will carry the day in Congress and the issue of this war will be slavery or no slavery. The masses of the people will never acquiesce in that.

{p.1312}

This draft goes no further. In the other draft we are informed that the country is-

“Rent with civil feuds and drenched with fraternal blood,” all through the fanaticism of the highest officers of the civil Government. Pride, reverence, patriotism and even policy are all set aside in order that the “liberty of the white man may be swallowed up in that of the negro.”

All of which in plain language means this, that the highest officers of the Government are abolition fanatics; that they will be hurled from their thrones or expelled from office; that the people will not support the war, which will necessitate the demands of the rebels to be complied with. This is the change for which he hopes.

From the preceding facts I infer that McArthur’s sympathies and sentiments are without a doubt treasonable, and that from the fact that his employer and friend Thompson, who was actively engaged in collecting and forwarding information of the movements of our armies to the rebels, had confidence sufficient in McArthur’s devotion to the rebel interests to intrust him with the responsible position of amanuensis or confidential clerk, it may be safely affirmed that McArthur had full knowledge of the criminal correspondence and proceedings of M. Thompson, A. Van Camp, G. Donellan, Mrs. B. O’N. Greenhow, Mrs. Phelps, W. T. Smithson (alias Charles R. Cables) and other rebel spies and emissaries, and was privy to and cognizant of their designs, and that to the full extent of his ability and opportunities he has aided and assisted in their treasonable operations. That his opinions and personal relations are such that he would if permitted undoubtedly continue this treasonable course. I would therefore respectfully recommend that Lewis L. McArthur be kept in close confinement until the termination of the war, or until our armies are so far advanced that he can do no injury to this Government.

I herewith inclose his application to the Hon. William H. Seward, Secretary of State, which the latter requests to be returned to that Department accompanied by your report on the same.

All of which is respectfully submitted.

Very respectfully, your obedient servant,

E. J. ALLEN.

[Memorandum.]

General Porter, provost-marshal, advises McArthur be kept in confinement until the close of the war to suppress the rebellion.

–––

HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., January 24, 1862.

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

GENERAL: On January 9, 1862, I had the honor to report to you on the case of Michael Thompson, in which I recommended that “as a military necessity Michael Thompson should be kept in close confinement until the conclusion of the war.” Under the date of January 22 the Secretary of State makes the inquiry of you whether since the above report was made any reason had been discovered for modifying the recommendation therein made. So far from any such reason having been discovered additional evidence has been received at this office since the above report was made proving beyond a reasonable doubt that Michael Thompson has been in direct co-operation and complicity {p.1313} with the most notorious and influential traitors and spies. In justice therefore to this Government, whose whole energies and resources are taxed to put down this rebellion; in justice to the men composing our Army who have sacrificed all the amenities and comforts of life and at great pecuniary and personal sacrifice have come forward to offer all they have, even life itself, for that which to them is dearer than life; in justice to the people at large who have shrunk from no sacrifice required of them in the faith that means thus furnished would be unsparingly used for the punishment of traitors and consequent suppression of treason, I cannot recommend that such efforts should be neutralized and such sacrifices of millions made useless by a mistaken clemency to a few proved traitors and spies. I can therefore only reiterate more strongly my previous recommendation that as a military necessity Michael Thompson be kept in close confinement until the conclusion of the war.

I herewith inclose the application of J. V. Douglass to the Hon. William H. Seward, Secretary of State, which the latter requests to be returned to that Department accompanied by your report on the same.

All of which is duly submitted.

Very respectfully, your obedient servant,

E. J. ALLEN.

–––

Case of the Crew of the Royal Yacht.

Thomas Chubb was arrested on board the rebel armed schooner Royal Yacht, which was captured by the U. S. frigate Santee in Galveston Bay, he being one of the crew of that schooner. Having been sent to New York Chubb with his companions who were captured at the same time was by order of the Secretary of State dated December 23, 1861, committed to Fort Lafayette. Lieut. Col. Marlin Burke reported by letter February 4, 1862, to the Secretary of State that “Chubb of the Royal Yacht has been released on his parole of honor by order of the honorable Secretary of the Navy.”

H. N. Duble was arrested on board the rebel armed schooner Royal Yacht, which was captured by the U. S. frigate Santee in Galveston Bay November 8, 1861. Having been sent to New York Duble with the crew of the Royal Yacht was committed by order of the Secretary of State dated December 23, 1861, to Fort Lafayette. Duble was charged with disloyalty to the United States Government and with being in active sympathy with the rebels. The said H. N. Duble remained in Fort Lafayette February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

Ira G. Rogers was arrested on board the rebel armed schooner Royal Yacht, which was captured by the U. S. frigate Santee, he being one of the crew of that schooner. Having been sent to New York Rogers with the balance of the crew captured at the same time was by order of the Secretary of State dated December 23, 1861, committed to Fort Lafayette. An order was issued from the Department of State dated February 1, 1862, directing Colonel Burke, commanding at Fort Lafayette, to release Rogers on his taking the oath of allegiance. He was accordingly released February 6, 1862.

{p.1314}

Ambrose Snow was arrested on board the rebel armed schooner Royal Yacht, which was captured by the U. S. frigate Santee in Galveston Bay, he being one of the crew of that schooner. Having been sent to New York Snow with his companions who were captured at the same time was by order of the Secretary of State dated December 23, 1861, committed to Fort Lafayette. The said Ambrose Snow remained in custody at Fort Lafayette February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

Joseph F. Frisbee was arrested on board the rebel armed schooner Royal Yacht, which was captured in Galveston Bay by the U. S. frigate Santee, he being one of the crew of that schooner. Having been sent to New York Frisbee was by order of the Secretary of State dated December 23, 1861, committed to Fort Lafayette. He remained in custody at Fort Lafayette February 15, 1862, when he was transferred to the charge of the War Department.

John E. Davidson was captured on board the rebel armed schooner Royal Yacht, which was captured by the U. S. frigate Santee in Galveston Bay November 8, 1861. Having been sent to New York Davidson together with the balance of the crew was committed to Fort Lafayette December 23, 1861, by order of the Secretary of State.-From Record Book, State Department, “Arrests for Disloyalty.”

–––

COMMISSION RELATING TO STATE PRISONERS, New York, April 10, 1862.

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

COLONEL: You will please transfer the following prisoners, viz:

Thomas C. Saunders, James S. Hughes, George Baker, George Hale, John Greenough, J. Kelly, Joseph D. Smith, Robert Redman, from the list of state prisoners to that of prisoners of war.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

COMMISSION RELATING TO STATE PRISONERS, New York, April 10, 1862.

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

COLONEL: You will please transfer the name of Henry N. Duble from the list of state prisoners to that of prisoners of war.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

WAR DEPARTMENT, Washington, May 31, 1862.

H. N. DUBLE, Prisoner of War, Port Lafayette, N. Y.

SIR: The Secretary of War directs me to acknowledge the receipt of your letter of the 26th instant asking to be paroled in order that you {p.1315} may effect your exchange, and to inform you that arrangements have been made for a general exchange of prisoners which precludes the necessity of special action in your case.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

–––

Cases of Mrs. C. V. Baxley and Septimus Brown.

Mrs. Baxley* was arrested in Baltimore about the 30th of December, 1861, by Deputy Provost-Marshal McPhail and committed to the Greenhow Prison in Washington and from thence conveyed to the Old Capitol. She was charged with being a spy and with having lately been to Richmond, Va., with letters to Jefferson Davis and others. When arrested concealed upon her person were found numerous letters which she brought from Richmond; also a commission appointing a Doctor Brown, of Baltimore, a surgeon in the rebel army. John L. Brown writing from headquarters of General Franklin’s division, near Alexandria, Va., January 2, 1862, says of Mrs. Baxley: “This woman is the strongest kind of a secessionist. She made her brags to me some five months ago that she had sent some 200 guns to the Southern army.” In numerous letters addressed by Mrs. Baxley to the Secretary of State since her imprisonment she admits having carried the letters above referred to to Jefferson Davis, and refers to the communications with General Winder, Mr. Benjamin and other leading rebel authorities, and admits having procured the commission for Doctor Brown by personal application, and as a consideration or reward for the safe conveyance of letters, &c., to the chief of the rebel Government. The said Mrs. C. V. Baxley remained in custody at the Old Capitol in Washington February 15, 1862, when she was transferred to the charge of the War Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* In connection with this case see case of Mrs. Greenhow, p. 561, et seq.

–––

HEADQUARTERS, Baltimore, December 29, 1861.

Col. W. W. MORRIS, Commanding Port McHenry.

COLONEL: Please receive and retain in custody as a prisoner Dr. Septimus Brown.

By order of Major-General Dix:

WM. H. LUDLOW, Major and Aide-de-Camp.

–––

HEADQUARTERS, Baltimore, December 30, 1861.

General R. B. MARCY, Chief of Staff.

GENERAL: In the temporary absence of Major-General Dix I have the honor to inclose a copy of letter to Brigadier-General Porter sent with the prisoner, Mrs. Baxley, this afternoon. Among other papers found on the person of Mrs. Baxley and which have been sent to General Porter is a commission as surgeon in the rebel army for Dr. Septimus Brown, of this city. The journal kept by Mrs. Baxley and which is also among the papers sent to General Porter is in the form of a daily {p.1316} letter to this Septimus Brown and would clearly indicate the obtaining of this commission as the great object of her journey to Richmond. Doctor Brown* has been arrested and is now in the custody of Colonel Morris at Fort McHenry.

What is the pleasure of the major-general commanding the Army in reference to him? There is no evidence that he sought the commission. He does not seemingly come within the action of the circular order of the Headquarters of the Army of December 16 as he has neither come nor been brought into our lines from Virginia.

I am, respectfully, your obedient servant,

WM. H. LUDLOW, Major and Aide-de-Camp.

* No papers relating to this prisoner have been found except those appearing in this case and the recommendation for his continued detention in Dix to Stanton, February 20, 1862, Vol. I, this series, p. 738. See order for his discharge April 8, 1862, p. 1321.

[Inclosure.]

HEADQUARTERS, Baltimore, December 30, 1861.

Brig. Gen. ANDREW PORTER, Provost-Marshal, Washington.

GENERAL: In compliance with special instructions this day received from the Headquarters of the Army I send to you as a prisoner to be held in your custody Mrs. Catherine V. Baxley. The papers found on her person and all the circumstances connected with her arrest will be given to you by the provost-marshal of Baltimore, by whom she was arrested.

By command of Major-General Dix:

WM. H. LUDLOW, Major and Aide-de-Camp.

–––

GOVERNMENT PRISON, Washington, January 3, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Simply to gratify what I considered a pardonable curiosity-the desire to see Jeff. Davis-I undertook the now difficult and dangerous trip to Virginia by what I am told you are pleased to term the “underground railway.” I carried with me nothing in the world but a few friendly letters packed it is true in my bonnet. I was not trusted with state papers. I am not fitted to be, being very nervous, impulsive and frank; in other words I never calculate.

I reached Richmond after numerous difficulties and delays on the thirteenth day of my departure from Baltimore City-sick, weary and most heartily wishing myself at home. I was of course introduced to the President, and foolishly asked of him the favor of an appointment to a surgeoncy in the Confederate Army for a friend in Baltimore who was quite innocent of the honor intended him. The President strange to say granted the favor asked, and I very unwisely though urged by friends not to do so left for Baltimore with the commission hidden on my person. I brought with me a large number of letters but the commission was the only one I believe that you would term of treasonable import.

I have given you I believe a fair exposition of my quixotic expedition. But it is not so much for myself I would plead but for Dr. Septimus Brown, the gentleman I have gotten into trouble. He had nothing to do with the matter. Why make him responsible for my folly? {p.1317} True I had rather not be confined as I have a child depending on me for guidance and care, just, too, at that age when a child most needs and requires a parent’s guiding and restraining hand.

Now, sir, I do not ask mercy; I simply ask for justice. I have heard that William H. Seward was a hard and heartless man, permitting nothing to stand in the way of his boundless ammunition; sacrificing alike on the altar of that ammunition friends as well as foes, acting always upon the principle that the end justifies the means. Now, sir, I do not believe any such doctrine. I believe there is no man without some good impulse, and surely a woman and a mother pleading to you need hot plead in vain.

The “leopard cannot change its spots ;” I cannot to save my neck shriek “Union;” but I will go home and meddle no more with edged tools. You can fight hereafter without my aid or intervention.

Respectfully,

C. V. BAXLEY.

–––

WASHINGTON, January 5, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: As nearly as I can remember the following is a true statement of all I have done. I was very anxious to see Jeff. Davis and I determined at any and every risk to do so. I asked friend after friend for letters of introduction. All tried to dissuade me, and positively refused aid or sanction to what they termed my mad freak. At length I succeeded in obtaining simply a letter of introduction, and one of recommendation in favor of a friend for whom I determined (on my own responsibility) to ask a favor of Mr. Davis. I had two requests to prefer-one for a cadetship for my son, the other the one above named. I carried with me a number of letters from friends to friends, sisters, mothers and relatives generally, any one of which I have since been informed could have gone safely by flag of truce.

I had two or three letters for the President, not one containing over a dozen lines-simply letters of greeting from old friends having no bearing whatever on this unhappy war. These I termed my dispatches simply to expedite if possible my trip to Richmond. I could not help feeling amused myself at the gullibility of the people South as well as North. I was made quite a lion of because I was really supposed to have brought important papers to Jeff. General Winder waited on me (my advent having I suppose been heralded) and conducted me (for which I owe him a grudge) somewhat unceremoniously into the presence of His Honor.

Now, Mr. Seward, you are a public man, a business man and a statesman, and is it not reasonable to suppose if I had had in my possession documents of any importance whatever I should have presented them immediately upon my arrival; whereas I reached Richmond on Sunday morning, had letters for the wife of the Belgian minister, a Baltimore lady whose family I knew, drove there, made myself as comfortable as possible, for I was fatigued and sick. On Monday morning wrote a note to ex-President Tyler to call on me as I wished him to introduce me. Mr. Tyler did not get my note, and about 1 o’clock I was waited on by General Winder. It happened very well, though he was not very polished, else probably I should have had to wait a day or two longer, and I was quite as anxious to get home as I had been to get there.

{p.1318}

Well, I was introduced to the President, gave him his letters and preferred my requests.

Rebel or not he is certainly a gentleman. Chatted a while very pleasantly, laughed at the account I gave of my many discomfitures and remarked: “You suffered and run all those risks to see that arch rebel Jeff. Davis? Well, in consideration of so much devotion no reasonable request can be denied you.” He sent the letter of recommendation before named with his own indorsement to the Secretary of War and a commission was made out and furnished in a few days afterward, Mr. Benjamin remarking to me at the time: “Mrs. Baxley, this is gunpowder should it fall into the wrong hands.” A motive of pride, however, induced me to risk it. To say I regret having done so would be superfluous. My conduct has gotten a really innocent person into trouble and that without my own imprisonment is a punishment for he had often positively assured me that he would not leave Maryland.

I brought quite a number of friendly letters back with me, some of which were marked at the custom-house at Norfolk and some not. I am confident that with the exception of the commission I had nothing of a treasonable character. I had only one sealed letter which the party begged me to deliver to Isaac McKinnon, of Baltimore, only a business letter he assured me. Mr. Deputy Provost-Marshal McPhail got that. I presume he made himself acquainted with its contents. I have no knowledge of the positions, generals, plans of attack or intentions of either Army and this I am willing to subscribe to in the presence of God and before any magistrate or judiciary in the land. I have decidedly and emphatically seen quite as much of the elephant as I desire, and as England assumed I promise from this time forward to be a non-interventionist.

Mr. Seward, I have appealed to you in your capacity of statesman. I now appeal to you as a man. Liberate me, for God’s sake. But I would not be selfish; if you must have one victim retain me and liberate Doctor Brown, who I am sure would not have accepted the honor intended. Mr. Seward, my poor little boy came here from Baltimore Saturday night and I begged, wept, prayed and implored he might be allowed to spend the night with me, but was denied. He is looking like a poor little outcast. Liberate me and let me go home to him. I shall die here. Reason is even now tottering. I was angry and indignant at the treatment I experienced at the hands of the deputy marshal and his satellites and made boasts of what I had done [and] what I would do. They were but empty, idle boasts. I have no means to do with, for I even pledged a portion of the remains of other and happier days to defray the expenses of my trip, was partially robbed on the way and obliged to borrow to pay my expenses home. Now, sir, you know all.

Respectfully,

C. V. BAXLEY.

–––

OLD CAPITOL PRISON, March 10, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: Predicating my application for a release upon your letter which appeared in the papers early in February, announcing that all political or state prisoners who would subscribe to the form of parole as published would be released, I subscribed to the same and forwarded to you through the provost-[marshal] on February 24 or 25. It is urgent, sir, I should be released. I have a child thrown by my incarceration {p.1319} upon the charities of a cold, unfeeling world. My child is entirely dependent upon me for everything. For the past two or three weeks, young as he is (but fourteen years old), he has in order to be nearer me (though he is allowed to see me but once a week for fifteen minutes) been acting in some capacity to a party who furnishes the sutlers. A child who until now has been tenderly nurtured and cared for, [he] came to see me on Saturday in such trim I could scarcely recognize him-dirty, neglected, sick and so thin and careworn-every vestige of my once bright, happy boy gone. My heart ached, and so would yours have done could you have seen him and heard his exclamation, “Ma, if you do not soon get out I shall die.”

This, sir, is some of the bitter fruits of this women-hunting, women-imprisoning process, objectionable to nine-tenths of your own people. Search the Southern prisons from the Gulf Stream to the Potomac and should you find a woman prisoner, except in cases of larceny, murder, &c., call Southern[ers], as they should deserve, cowards. No, sir, the Southern man, gentle or simple, has too exalted an opinion of woman, her attributes and her mission to treat her other than as a woman. He never forgets that to her under God he owes his being.

I may possibly have said more than would seem politic or becoming, but a mother’s feelings must plead my excuse. I know, sir, that your power ought to be but is not absolute; ’tis subordinates who hold the reins and wield the power, and while such is the case prayers and pleadings are alike vain and impotent. Use your prerogative, sir; open these prison doors and send forth the women and infants. Give us tangible, visual or mental evidence that your Government is what it assumes to be.

En attendant, I have the honor to subscribe myself, respectfully yours,

C. V. BAXLEY.

[Indorsement.]

MARCH 14, 1862.

Referred to Major Allen for report.*

By order of Secretary of War:

P. H. WATSON, Assistant Secretary of War.

* Report of Allen, if made, not found.

–––

OLD CAPITOL PRISON, March 14, 1862.

DEAR DOCTOR: I do not know how you are affected by this confinement but to me ’tis intolerable. Within the past two weeks through representations made by the superintendent, to whom we appealed and who I believe has at least a suspicion of soul, having been born South, we have been permitted to exercise for half an hour three times a day in the filthy yard thronged by contrabands and surrounded by sentries. Still it is in the open air. I do wish you would write, if but two or three lines, and give to the party who hands you this. It can reach me as this is sent.

Day before yesterday we were informed by Superintendent Wood that in all probability we should be sent to some of the Northern fortresses. The idea of being sent North is death to me. I’d rather they’d shoot me at once. The news from Manassas scared a good many of the cowardly fools whom we are well rid of into taking the oath of allegiance to this magnanimous Government, but our men of stamina have rejected their overtures with scorn. Whilst walking in the yard I addressed sotto voce in passing inquiries to several of our Maryland {p.1320} boys who had just been brought in and find as I supposed it (the evacuation) a strategic affair on the part of our Army. The boys looked pretty rough and rusty-a little depressed at their capture but in good health; say we are not whipped and not going to be.

I do not see why they keep you incarcerated; you have done nothing. I am the mischievous rebel that has done all the mischief. They ascribe to me a marvelous power and capacity of mischief. I’ll be even with them yet. Why do you not make use of the means in your power to get out and try to reach Dixie? The way is open. True there is risk, but “nothing risked nothing won.” See Doctor Thomas, who would introduce you to the President and Secretary Benjamin; or the better one to see would be Doctor Bealle.

I did write to Seward and since to Stanton, but ’tis useless; they’ve got too much against me. The commission is not all. Mrs. Rose Greenhow and myself were the first females brought to this old Union rat trap, but our number is gradually increasing. The first accession was Mrs. Morris, still with us; the next a Mrs. J. Barton, alias Mrs. McCarter; [she] still sports her male attire-can’t help herself. Then a party were brought here who were released in two or three days. Then Mrs. Morris, of Baltimore, who is likely to remain with us; then two young ladies captured at Dranesville or thereabout who said they were sorry, promised amendment, took the oath and God speed them. I am always glad when we get rid of a craven. Colonel Thompson is out at last. Schley will get out this evening. We have quite a sprinkling of Marylanders here and some from Baltimore City. Strange to say every lady now under arrest and with but three or four exceptions have been Marylanders.

Your situation is far preferable to mine. You are in Baltimore near your friends where your wants and comforts can be ministered to by friends. Whilst my condition is pitiable in the extreme I almost wish that death would come to my relief; but these devils shall not have the pleasure to know how much I feel. I tax every power and every nerve to bear up, but ’tis indeed a terrible tax. The indignities we are continually subjected to is a disgrace to people calling themselves civilized to permit. But I will not repine; every dog has his day. Our turn will come anon. I’ll stick to the old Merrimac while there’s a plank to her deck, and when she goes to pieces or sinks I’ll go with her. I saw her and examined her thoroughly and felt sure she would be able to weather the gale.

Good night, for as usual I have an intolerable headache.

C. V. B[AXLEY.]

–––

COMMISSION RELATING TO STATE PRISONERS, Washington, April 1, 1862.

Brig. Gen. JAMES S. WADSWORTH &c., Washington.

GENERAL: If they consent you will please convey ... Mrs. C. V. Baxley, prisoners at present held in the Old Capital Military Prison in this city, beyond the lines of the U. S. forces into the State of Virginia and release them upon their giving their written parole of honor that they will not return north of the Potomac River during the present hostilities without permission of the Secretary of War.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

{p.1321}

–––

HEADQUARTERS, Fort Monroe, Va., June 2, 1862.

We, the undersigned, late prisoners in the Old Capitol at Washington, do pledge our word of honor that in consideration of our being set at liberty beyond the lines of the U. S. Army we will not return north of the Potomac River during the present hostilities without the permission of the Secretary of War of the United States.

C. V. BAXLEY.

NOTE.-Mrs. Rose O’N. Greenhow and Mrs. Augusta Morris also signed this parole and were sent South with Mrs. Baxley.

–––

COMMISSION RELATING TO STATE PRISONERS, New York, April 8, 1862.

Col. W. W. MORRIS, Commanding Fort McHenry.

COLONEL: You will discharge from custody the following state prisoners on the conditions herein specified, viz: ... Dr. Septimus Brown on his parole of honor to render no aid or comfort to enemies in hostility to the United States and to hold no correspondence with any person in the insurgent States except in portions of said States occupied by the U. S. forces. ...

We are, very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

Case of William M. Hill.

William M. Hill was arrested January 8, 1862, by the U. S. marshal of Iowa at the city of Des Moines on an order of the Secretary of State dated December 28, 1861, and was conveyed to Fort Lafayette. The charges against Hill were disloyalty to the United States Government and treasonable correspondence with the rebels. The following extracts are taken from a letter written by Hill for publication in the South.* After writing the above letter and during the summer of 1861 Hill made a visit to Virginia, by some means having obtained permission to pass the Confederate lines, and was absent several weeks. The said William M. Hill remained in custody at Fort Lafayette February 15, 1862 when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* Omitted here. See p. 1323 for this letter.

–––

DES MOINES, IOWA, December 17, 1861.

DEAR KASSON: Since writing you the other day I have positive information that the counsel for the defendant furnished to the clerk the names which he placed in the box from which the jury which is to try Hill was drawn. The most notorious and rabid secessionists in the State are on the jury, and his conviction on any state of facts is absolutely impossible.

I have talked with Sells and others who concur in the opinion which I have heretofore expressed to you, to wit, that the indictment should {p.1322} be nollied and the accused committed to military custody. His absolute discharge will exasperate the loyal people of the State and embolden the secessionists. I find that it will be impossible for me to make any preparations to assist in the trial of the cause, and if any counsel is assigned you will confer a favor by naming some other man to the Attorney-General.

I will not forget, however, your kindness in this matter. Mrs. W.’s health is quite feeble. The baby is doing finely. Mrs. Goodwin is now with us.

Truly, &c.,

THO. F. WITHROW.

–––

DES MOINES, December 25, 1861.

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

SIR: At the November term of the U. S. district court for the district of Iowa one William M. Hill, a citizen of this State, was indicted and presented by the grand jury charging him with treason. The indictment was based more particularly on a letter written by him, a printed copy of which I send herewith, with a statement of the case clipped from the editorial columns of the Iowa State Register.

The accused will not be found guilty though of his guilt there can be no question. There is a large secession element in the jury selected to try him. I am convinced that the accused intends to go South as soon as he is released and that he will be able to give the rebels much valuable information. His acquittal would be a severe blow to the cause of the Union in our State. Traitors of whom we have many will be emboldened.

Under the circumstances I believe it would be better for the Government to enter a nolle and have him committed to military custody by order of the State Department.

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

H. M. HOXIE, U. S. Marshal, District of Iowa.

P. S.-I also inclose a letter from Hon. S. J. Kirkwood, governor of this State.

[Inclosure No. 1.-Extract from Iowa State Register.]

INDICTMENT FOR TREASON.

Soon after the commencement of the present term of the U. S. district court in this city information was filed against Capt. William M. Hill, of Magnolia, Harrison County, Iowa, charging him with certain treasonable words and acts. A warrant was thereupon issued by Judge Love and U. S. Marshal H. M. Hoxie proceeded to Harrison County to make the arrest. He found Mr. Hill at home served the warrant and started on his return to Des Moines. In Magnolia and in Council Bluffs there were threats by secessionists that they would rescue Hill from the custody of the marshal, but fortunately for them the attempt was not made and the prisoner was brought safely to this city.

A portion of the information upon which the arrest was made was substantially as follows: Hill was formerly a resident of Monroe County, Va. He has resided in Harrison County five or six years, during which he held we think for two terms the office of clerk of {p.1323} the district court. Last summer he concluded to visit his old home in Virginia; by some means obtained permission to pass the Confederate lines and was absent front this State several weeks.

During his absence a letter came to his address from the Dead-Letter Office in Washington which upon examination proved to have been one which he had written to the Union Democrat, a secession paper in Monroe County, Va. It had been stopped by some U. S. officer and sent to the Dead-Letter Office, where, falling into the hands of some traitorous employé, it was remailed to Hill. instead of reaching the hands of its author, however, it was in his absence opened by his deputy J. L. Deforest, a loyal Union man, its contents made known to others and finally published at length in the Magnolia Republican. Subsequently a private letter written by Mr. Bill found its way to the Dead-Letter Office in Washington, and falling into proper custody there it was sent to the U. S. officers of this State for their consideration.

These and other matters were put into tangible shape, the warrant issued and the arrest made as we have above stated, and on Monday last after a careful examination of the case a bill of indictment was found by the grand jury against Mr. Hill for treason and his trial assigned for the 7th of January next, at a special term of the U. S. district court to be held in this city. He has retained as his counsel Messrs. C. C. Cole and S. V. White. The prosecution will be conducted by W. H. F. Gurley, U. S. district attorney.

The following is a copy of the letter sent by Hill to Virginia, and returned to Magnolia:

CLERK’S OFFICE, Magnolia, Iowa, May 14, 1861.

EDITOR UNION DEMOCRAT, Union, Monroe County, Va.:

Some good friend from my far-off paternal home sends me your paper. Whoever caused my name to be placed upon your book cannot be a submissionist, else the patriotic and Southern Rights sentiments breathed through your editorials would be suppressed. Continue to forward your paper to my address, and when I am informed of the amount due on subscription the same will be sent you. The Democrat is a welcome visitor. First among the exchanges and correspondents it is opened and read because it hails from the land that is dear to me, hallowed by the recollection of youthful days, passed and the mountain sceneries that overlook your beautiful town; the thoughts of aged parents, relatives and friends in the Southern clime, with whom I journeyed as youthful days pleasantly fleeted away. All, all makes the tidings from my paternal home eagerly sought after and interesting.

Truly, Mr. Editor, these are exciting times. The old ship of state that has carried us safely through storms and perils is drifting rapidly toward the breakers. Yea, she has struck and must go to pieces never again to be reconstructed.

Who has brought this dire calamity upon us? Not the conservative men of the South, nor the conservative voters of the North. The demons in the shape of Black Republicans and Abolition rulers have so misled the excitable masses of the North by such doctrines as set out in Uncle Tom’s Cabin and such as taught by Beecher, Greeley, &c., that the fanatics believe they are doing God’s service to wage a war of extermination against the Southern slave-holders. Yes, Mr. Editor, the black-hearted fanatics have caused the dark clouds of war to hang over us, and this once peaceful and happy Union to be deluged with the blood of relatives and friends, and the Union destroyed.

Conservative citizens in this portion of the West justify the course the South is taking and condemn this Black Republican Administration for waging this unholy and unjust war upon the South. All over the Northwestern States are thousands and tens of thousands of Union-loving Democrats who say amen and God speed you in your noble work in driving back the hordes of unprincipled Abolitionists who bide the calling of a sectional Administration to plunder the citizens of the South. Never let them pollute your sacred soil.

In the opinion of a majority of the citizens of the Northern States, and perhaps of a majority of this town and my adopted county, the foregoing are entire secession sentiments. I know I am pronounced a traitor by the negro worshipers, but my opinion is given now as has been given since I have resided in the State. I have {p.1324} fought the Abolitionists through each canvass with pen and tongue, and shall continue on, though my office and press are threatened by the friends of the renowned John Brown.

I am not alone with regard to the views expressed concerning our national difficulties. The conservative Democracy are with me. I give your readers an idea of the views of the conservative Democrats of the Northwest. I clip from The Council Bluffs Bugle, a leading Democratic paper, which I make a part of this communication. I indorse it, as every conservative man North will. (Here follows an extract from the Bugle.)

...

I clip another editorial from The New York News, which represents the faithful of the State who have ever faithfully battled against negro equality and for the rights of the Southern States. (Here please state that in this communication follows a printed extract from The New York News.)

...

I find words local and will bid your readers farewell. Not a company nor a volunteer will leave Western Iowa to obey the call of Lincoln to battle with the Southern troops. The Government has called the troops stationed at Fort Randall and Fort Kearny and leaves our frontier exposed to the invasion of the hostile Indians. Volunteer companies are being formed for home protection. The Government stopped the transportation of all provisions down the Missouri River. This act is arousing the masses against the Government and making friends for the cause of the South.

A thousand cheers for the Monroe volunteers! In their ranks I see the names of a brother and relatives. May they cover themselves with glory in this struggle and be an ornament to the State and the Southern Confederacy.

I have spun out this communication too long and perhaps it should go, if at all, on the outside of the Democrat.

WM. M. HILL.

Mr. Windell, if you think the foregoing would interest your readers, give it a place in your paper, after correcting bad spelling, &c. If desired I may correspond occasionally.

[Inclosure No. 2.]

DES MOINES December 25, 1861.

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

SIR: Mr. Hoxie, U. S. marshal for this State, informs me he has written you in regard to one Hill indicted for treason in U. S. district court of the State and whose case is set for trial at a special term of said court to be holden at this place on the 7th day of next month.

I have information on which I rely that a large number of the jurors selected by the deputy clerk for the trial of said cause are in sympathy with the rebels. I have personal knowledge that such is [the] fact as to one or two of them. Under these circumstances a conviction is at least doubtful and I should regard a failure to convict as a misfortune. An acquittal would embolden men who are silent only from fear to speak out against the Government.

I state what I believe to be facts, and would suggest if within the rule upon which you have heretofore acted that Hill be removed from the State by your order and imprisoned elsewhere under military authority. The evidences of his guilt will as I hear from Marshal Hoxie be sent to you by him. Permit me also to suggest the necessity for some change in the law for the selection of jurors and the empaneling of juries. I am of opinion that the sympathies of many of the district as well as higher judges are at least doubtful. Their clerks, selected by themselves, are of like sympathies, and from these causes our courts instead of being as they should be, a support to the Government and a terror to traitors, are made points of attack against the one and a shield to the other.

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

SAMUEL J. KIRKWOOD.

{p.1325}

–––

DEPARTMENT OF STATE, Washington, December 28, 1861.

H. M. HOXIE, Esq., Des Moines, Iowa.

SIR: Arrest and convey to Fort Lafayette, N. Y., William M. Hill as soon as he is discharged from civil custody under the present indictment against him in the U. S. district court in Iowa.

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

F. W. SEWARD, Assistant Secretary.

–––

FORT LAFAYETTE, N. Y., January 19, 1862.

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

DEAR SIR: Since confined here I have been informed that you would learn from the accused* statements and facts which led to the arrest and confinement of persons in this fort. This was truly gratifying news to me, believing that when heard I will be released. I herewith hastily condense my statement.

Last spring my wife left Magnolia, Iowa (my residence), to visit her friends in Virginia. Shortly after her arrival the civil war broke out in Western Virginia and the mails were stopped. She could not return home, neither could I receive any communication relative to her return or safety. I was informed through the medium of the press that no citizen of the North could pass Wise’s or Floyd’s lines, all being held as spies and their enemies. To aid me in passing these armies-to pave my way through them-to reach my family and return with them home I composed a sympathizing letter directed to a little county paper published in the county where my family had gone to visit, designed to allay any prejudices against me and to accomplish the object already stated.

I did pass the armies, met my family and in forty days from the time I left I was at my home in Iowa.

This letter was returned from the Department in my absence and was published in several papers in the State, commented upon and exaggerated. Some charged that I had left my judicial office, all my property and a part of my family to join the rebellion. Thus I was misrepresented and also my motives by designing men who envied me the office of clerk of the district and who represented that I could not nor did net intend to return to Iowa.

Under these circumstances I was not surprised that I was indicted, having no opportunity to explain the designs and motives in writing a sympathetic letter to my wife’s friends in Virginia. The U. S. district court appointed a special term to hear my case. I gave bail for my appearance and at the time appointed I appeared in court. The U. S. attorney after being apprised of the circumstances and the evidence against me entered a nolle prosequi in my case and I was discharged. (It was at the sacrifice of much of my means that I procured counsel (of attorney) and traveling witness 400 miles to defend the civil action against me.)

Shortly after my discharge I was arrested by your honor’s order and confined in this fort. I respectfully state further and hope by them and the proof thereof [you] will honorably discharge me from confinement. Not a citizen of Western Iowa who is acquainted with me and the circumstances under which the imprudent letter was written but will petition for my release. I can obtain the proof and petitions of thousands {p.1326} who know me and my loyalty. I can obtain the prayer of Judge Love, U. S. judge of Iowa; Mr. Gurley, U. S. attorney, and H. M. Hoxie, U. S. marshal, who are acquainted with all the evidence against me and who will plead that I have already been punished enough for my imprudence in writing the letter referred to.

I have ever been a loyal citizen. Nothing in this world could have induced me to take up arms against my Government or give aid and comfort to the enemy. All I possess in this world is in my adopted State. I have no interest nor affinity in the South. I can obtain the prayers of nearly all the jury summoned in my case; also every Government witness petitioning that my design was not to injure the Government, and thousands of citizens who know my loyalty. The State Flag, a newspaper I published during the last campaign, I can produce as other evidence that I have charged and blamed the ultras of the South with being the instigators of all our troubles.

With these facts stated by the high judicial authorities of Iowa and all others I have named may I not fondly hope to soon meet my family again (to whom I am fondly attached, and who are now among strangers without parental care)? If my loyalty is questioned I will readily take a solemn obligation to do and perform every act the Government may make incumbent upon me in this or any other crisis. Could I be released on parole? If so I can obtain an exchange to amply satisfy my Government, and to this end I will give such security as may be required.

I desire remaining at this place the length of time I am confined rather than at Fort Warren. I await an answer with much suspense.

Humbly, your servant,

WILLIAM M. HILL.

* See Seward to Keyes, p 151.

–––

DES MOINES, January 27, 1862.

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

SIR: I inclose herewith a card clipped from the columns of the Iowa State Register, which was rendered proper by the attacks of certain disloyal newspapers.

Hill is the leader of a class of our citizens who reside near the border of the State of Missouri that are detrimental to the Union cause.

Since returning a civil action has been commenced against me to recover $1,000 forfeiture under the provisions of the Iowa habeas corpus act for disregarding a writ which was served upon me while on my way to Fort Lafayette. Steps are being taken by C. C. Cole, one of Hill’s attorneys, who is a sympathizer with the leaders of the rebellion, to procure the release of Hill. I respectfully suggest the propriety of consulting His Excellency Governor Kirkwood and the State officers of this State before issuing any order for the release of said William M. Hill.

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

H. M. HOXIE, U. S. Marshal, District of Iowa..

[Inclosure.]

CARD FROM MARSHAL HOXIE TO THE PUBLIC.

The numerous false statements which have been put in circulation by a disloyal press concerning my conduct in the arrest and transfer of William M. Hill to Fort Lafayette render a brief recital of the facts at least proper.

{p.1327}

Hill was indicted by the grand jury at the last term of the U. S. district court for the western division of the district of Iowa for treason against the Government. His offense as I am informed consisted in writing letters to the rebels, of which the following is a sample:*

Without entering into details it is sufficient to say that the fact that he wrote the above letter and others is established beyond dispute and is not denied by him. His trial was set for the 7th of January and a special jury was drawn and summoned for the purpose. On Thursday, the 3d day of January, 1862, I received from the post-office in Des Moines an official notification from the district attorney who was then in Washington of his purpose to enter a nolle in the case pursuant to instructions received from the Attorney-General of the United States. On Saturday, the 5th of the same month, I received an order over the signature of William H. Seward, Secretary of State, bearing date of December 28, 1861, commanding me to arrest and convey to Fort Lafayette William M. Hill as soon as he is discharged from civil custody under the present indictment against him in the U. S. district court in Iowa. On the 8th of January I received a letter from the Assistant Secretary of State, bearing date of January 2, 1862, advising me that the order above referred to had been issued.

I did not stop to make inquiries as to the new light of which the State Department was possessed or the reasons upon which this new action was based. My duty as an officer to execute the order seemed clear and I resolved to do it. On the evening of the 8th I made the arrest at the Des Moines House in this city and immediately started for Fort Lafayette. There was nothing unusual or remarkable in the manner in which the arrest was made. The prisoner was in the office of the Des Moines House when arrested. He quietly made such arrangements for the journey as were necessary, and when he left the office some time after he was taken into custody other persons who were there during the entire time noticed no unusual occurrence.

On the 10th we were met on the cars of the Mississippi and Missouri Railroad by the deputy sheriff of Scott County, who served upon me a writ of habeas corpus, issued by Judge Linderman of the county court upon the application of James Grant, an attorney. Without immediately determining in my own mind what course to pursue I proceeded to Davenport and delivered my prisoner to the jailer of the county for safe-keeping until again demanded. After consulting with those whose advice I deemed it proper to ask I resolved to disregard the writ as has been repeatedly done by other marshals having the custody of military prisoners. I demanded the prisoner of the jailer, received him and went on my way. On the 16th of January I delivered him to the commandant of Fort Lafayette, as his receipt now in my possession attests. At no time was any unnecessary hardship practiced upon the prisoner.

The above statement has been rendered necessary by rumor and newspaper articles of which the following is a sample:

* See p. 1323 for Hill’s letter written to the Union Democrat of Union, Monroe County? Va., which is here omitted,

[Extract from The Davenport Democrat and News.]

MORE OF THE HILL KIDNAPPING CASE.

From one of our citizens who has been traveling in Illinois we gather a few items concerning the movements of the scoundrel Hoxie and his kidnapped prisoner, Captain {p.1328} Hill. It appears that Hoxie was afraid of an attempt at rescue if he did not put a long distance between himself and the place of his theft, and therefore hired a conveyance and pushed on to Viola, in Mercer County. Here our informant saw them Saturday morning. Hill was in chains and was compelled to lie down on the floor with a guard over him. Our informant inquired into the nature of the offense and was told that Hill was a runaway military prisoner who had been captured in a house of ill-fame in Davenport. Subsequently, however, Mr. Hill gave our informant the particulars of the arrest and Hoxie’s villainy.

During the recital Hoxie threatened his prisoner with severe punishment if he did not shut his mouth. Mr. Hill said that all he asked for was his rights guaranteed to him under the Constitution of the United States-a fair and impartial trial-but that now he was beyond the reach of his friends he had no hopes of being heard until the Government reached his case, which may be in a month, and perhaps not in a year. Hoxie told our informant that he must keep a close mouth in Davenport regarding what he had seen and heard, but the scamp mistook his man when he undertook to frighten our informant into silence. What surprises us is that Mr. Hill should so tamely submit to the outrage of being carried off after having been released by course of law from the custody of the marshal. Hoxie in Hill’s presence acknowledged that he stole his prisoner from the jail-at least so our informant says. Hill would have been justified in letting daylight into Hoxie and then returning to stand his trial, and he should have done just that very thing. From what we can learn the proper tools for his release were offered him by more than one individual during the morning the party tarried in Viola.

These paragraphs contain but a single truth. I was in Viola on Saturday morning. Hill was not in chains and never had been. He was not compelled to lie down on the floor. No one was told that Hill was a runaway military prisoner who had been captured in Davenport, but the bystanders were told that he had been indicted as a traitor and that I held him a military prisoner under an order from the President to deliver him to Fort Lafayette. I did not threaten to inflict severe punishment upon him or in any other way restrain his statements. The charge that he had been cleared of crime by a jury of his countrymen is simply false.

The only action that has ever been taken in his case was by the grand jury which indicted him. The Attorney-General saw proper to nolle that indictment and discharge him from civil custody for reasons which were doubtless satisfactory to him. The proper Department issued the order to take him into military custody and I executed the order. General Banks refused to obey a writ of habeas corpus issued by Chief-Justice Taney and General Dix-not only refused to obey a writ issued in a similar case, but issued an order for the arrest of the attorneys who sued it out. I held Hill as a military prisoner, and with such examples did not feel disposed to stop and discuss with every pettifogger between Des Moines and Fort Lafayette the power of the Commander-in-Chief and those acting under his orders to disregard the writ, when it is sought to be interposed in revolutionary times for the relief of such prisoners. It was my business to obey an order issued by the proper Department in the manner authorized by approved precedents, and not to discuss constitutional law and the powers to be exercised by the Government when engaged in a contest with domestic traitors, the issue of which involves the very existence of the Government.

I arrested Hill and took him to Fort Lafayette and have nothing to regret in connection with the transaction. If any similar orders shall be directed to me in the future they will be as promptly executed. If secret sympathizers with or open partisans of traitors can draw any consolation from this assurance they are entirely welcome to it.

H. M. HOXIE.

{p.1329}

–––

FORT LAFAYETTE, N. Y., February 7, 1862.

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

DEAR SIR: Some three weeks since I was informed that you would hear the statements of those confined here relative to charges of the Government against them. Thus understanding I made mine condensed in a space that would make it understood. I am well aware of the pressing and urgent business under your charge, all of which is more urgent than mine, and you may have not reached my case or my letter may not have reached you, and thus anticipating I hope you will pardon my calling up my case and troubling you again.

Von are aware that the U. S. attorney (Gurley) of Iowa after advisement with your Department of State dismissed the civil process against me satisfied that there was not a citizen of the State of Iowa who could find me guilty of the charge after the circumstances surrounding the case.

I have in my former letter stated why the imprudent letter was written by myself to a friend in Virginia, namely: My family were there on a visit; I could not hear from them and was informed that I could not pass the armies to reach them and return with them to my home in the West. I published The Harrison County Flag (Iowa) and took a strong part against Davis et al. and their efforts to break up the Union and the party to which I was attached. Many copies of my paper went to Virginia. I knew I had made enemies there, and the letter written was to reach my family and to allay for a time the prejudices against me as a citizen of the North.

I regret the aim to dissolve the Union and this rebellion. I have no interest in the South; never expect to reside there. All I have in this world in the way of property is in my adopted State, and there, too, I have a young family among strangers and must be suffering for the want of parental care. I wish I could forward you a copy of the letter. In it I am sure you could see no treason.

I hope you will find it convenient to refer to U. S. Judge Love, U. S. Attorney Gurley and U. S. Marshal Hoxie, of Iowa, for the proof of my statement of my case. I am willing to readily subscribe to the oath of allegiance in as binding terms as may be required. I have spent more than one-half of all my means in defense of the civil charges against me from which by the instructions of the Government I have been acquitted. It seems hard indeed after all my battles and sacrifice of my limited means and discharge from the accusation against me that I am confined here and undergoing another punishment for writing an imprudent letter only, for which I have already suffered much; but I will submit patiently hoping when my case is reached I will be released by taking the oath. I await.

Respectfully, your obedient servant,

WM. M. HILL.

–––

DES MOINES, February 12, 1862.

W. M. HILL, Fort Lafayette.

SIR: I have seen a letter addressed to a number of State officers by you in which you say that I am willing to interpose in your behalf in your efforts to procure a discharge from Fort Lafayette. Justice to yourself as well as myself requires that you should understand my position clearly. Those claiming to act as your friends have attempted through the secession press of this State to till the public mind with {p.1330} false statements concerning my conduct in connection with your arrest, and your attorney claiming to act under your instructions has instituted one civil suit against me and proposes to try his hand at another. A criminal prosecution was even attempted and failed. To ask any interference on my part under these circumstances is exacting too much of human nature and I shall therefore decline to interfere in your case.

Respectfully, &c.,

H. M. HOXIE, U. S. Marshal, District of Iowa.

–––

WASHINGTON CITY, February 16, 1862.

[WILLIAM M. HILL.]

DEAR SIR: I have this morning received yours* of the 12th instant, addressed to the entire delegation in Congress. I will ]ay it before them to-morrow morning and advise you of their action. I have no doubt, however, but you will be released very soon under the recent order of the President. I may say for myself that I have seen and conversed with the U. S. attorney for Iowa on the subject of your arrest and confinement, and will say frankly that his statements agree substantially with your narrative.

I have no doubt but General Jones** will also soon be released. Should you have the opportunity say to him that I have conversed with Mr. Seward in relation to his case very recently. I send by this mail some Iowa papers for you and him.

Yours, &c.,

JAS. HARLAN, [U. S. Senator.]

* Not found.

** See case of George W. Jones, p. 4295.

–––

DES MOINES, February 16, 1862.

W. M. HILL, Esq.

DEAR SIR: A letter has been received by the governor addressed to him and other State officers, myself included, asking a recommendation from us for your release. While I might under ordinary circumstances be in favor of granting your request, it is proper for me to say that your legal adviser in this city having commenced proceedings in court to recover damages from the U. S. marshal of this State for doing his duty in arresting and conveying you to Fort Lafayette you can hardly expect any interference from us in your behalf while that prosecution is pending.

Very respectfully,

F. W. PALMER.

–––

DES MOINES, IOWA, February 20, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Has the President ever made a formal order suspending the privileges of the writ of habeas corpus? If he has will you be kind enough to cause a copy to be sent me. I make the application as the attorney of H. M. Hoxie, U. S. marshal, against whom aim action is now pending to recover the forfeiture provided by statute for disregarding a writ of habeas corpus. The action was brought by William M. Hill, who was recently by your order consigned to Fort Lafayette.

Very respectfully,

THO. F. WITHROW.

{p.1331}

–––

FORT LAFAYETTE, New York Harbor, February 23, 1862.

Hon. EDWIN M. STANTON, War Department, Washington.

DEAR SIR: I had fondly hoped that your recent proclamation would have reached may case and that I would have been released as a political prisoner. Some forty prisoners were discharged from this fort yesterday whose misdemeanors and offenses were of more magnitude than the one I am supposed to have committed. My misdemeanor is writing a sympathizing letter to friends in Virginia from Iowa, my adopted home. For this, too, I have been tried before the civil authorities of my State and honorably acquitted. I refer you to U. S. Attorney Gurley, of Iowa (who is now in Washington), and Senator James Harlan from Iowa.

I am willing to subscribe to the reasonable requisition of your proclamation or to take the oath of allegiance, and if required give any other obligation or security that may be required. All my property and interest is in a loyal State, where I expect to remain the residue of life. May I hope to hear of my release by return mail.

I am, very respectfully, your obedient servant,

WM. M. HILL.

–––

FEBRUARY 24, 1862.

I, William M. Hill, of Magnolia, Iowa, a prisoner confined in Fort Lafayette, N. Y., hereby make application to be released from custody on my parole of honor to render no aid or comfort to the enemies in hostility to the Government of the United States, in accordance with the terms of Executive Order, No. 1, of the War Department, dated February 14, 1862, in reference to political prisoners.

WILLIAM M. HILL.

–––

SENATE CHAMBER, Washington, February 26, 1862.

The SECRETARY OF WAR.

SIR: We respectfully request that William M. Hill, a citizen of the United States residing in Iowa now in confinement at Fort Lafayette on an order as it is said emanating from the Secretary of State on account of suspicion of disloyalty, may be discharged from custody and permitted to return to his family.

Your obedient servants,

JAS. HARLAN. JAMES W. GRIMES.

–––

WAR DEPARTMENT, Washington, March 3, 1862.

H. M. HOXIE, Esq., U. S. Marshal, Des Moines, Iowa.

SIR: I have the honor to acknowledge the receipt of your letter of the 27th of January last, which was addressed to the Secretary of State, and also a letter from Thomas F. Withrow, esq., your attorney, relative to the suspension of the writ of habeas corpus in the State of Iowa. In reply I inclose a copy, authenticated, of an order* which was issued by the President on the 6th day of December last addressed to Major-General Halleck, commanding the Department of the Missouri, suspending the execution of the writ of habeas corpus within his command. I {p.1332} have also to inform you that by an order which was issued from this Department on the 9th day of August, 1861, the State of Iowa was included within the Department of the Missouri.

I am, sir, &c.,

E. M. STANTON, Secretary of War.

* Omitted here; see p. 1334; also see Vol. I, this series, pp. 230, 231, for correspondence relating to suspension of the habeas corpus act in General Halleck’s department.

–––

WAR DEPARTMENT, Washington, March 3, 1862.

H. M. HOXIE, Esq., U. S. Marshal, Des Moines, Iowa:

What are the names of the attorneys who have commenced proceedings against you for refusing to obey a writ of habeas corpus? Answer by telegraph.

E. D. WEBSTER.

–––

FORT LAFAYETTE, N. Y., March 3, 1862.

General JOHN A. DIX, Baltimore, Md.

DEAR SIR: Unless I can get a parole for a few days I will not be able to offer may evidence explaining the circumstances under which I wrote a letter in which there is seeming aid and comfort to the rebellion. At that time I was aiming only to get my family through the lines of Wise and Floyd to their home. I had no thought of committing the act of treason against my Government. No one thought then the rebellion would assume such magnitude. The letter was returned to my address and pilfered from the post-office by an enemy, published in a paper that has ever aimed to traduce my humble name and character. I have read the copy. It is not all my production. I can get evidence of this at my home. I wrote my wife in Virginia advising her how to pass the armies. This was directed to some postmaster to forward to her. In that letter to the postmaster I may have flattered his views for the same designs.

Nearly every citizen of Iowa who is acquainted with my case would petition for my release. Thousands of devoted Union men have expressed their astonishment to me of the course pursued in my case. If you cannot consistently release me I ask to be remanded to my district? I will give good bond and go before a grand jury and ask that my case be investigated and will not depart until I am honorably discharged. I send you a copy of the order* of my release before I was arrested by the marshal; also some comments of newspapers showing the facts of the marshal’s acts. I am not accountable for the course pursued by some of the newspapers of my State. They censure some of the Government officers. I wish it had been otherwise. It has been no advantage to me; but it is no fault of mine.

I hope, general, you will excuse my earnest and anxious demeanor. I have no one to present my case. While I fear the same persons who have formerly misrepresented me may do so again, all I ask is the evidence from the capital of Iowa (Des Moines) and from Magnolia, my home. My importance is not to be compared to Mr. Brounlen. While he is a public man of ability, I am an humble, quiet citizen. Yet he received his liberties after the civil action was dismissed against him. Hon. F. W. Palmer and the marshal are against my release because of the suits pending against the marshal. The marshal procured my arrest. You can see his designs.

I remain, general, your obedient servant,

WM. M. HILL.

* Not found.

{p.1333}

–––

WAR DEPARTMENT, Washington, March 8, 1862.

Maj. Gen. H. W. HALLECK, Saint Louis, Mo.

GENERAL: I inclose herewith for your in formation a letter* from H. M. Hoxie, esq., the U. S. marshal for the district of Iowa, relative to proceedings which one C. C. Cole, who is represented to be a sympathizer with the persons in insurrection against the authority of the Government of the United States, has commenced against him for declining to obey a writ of habeas corpus while in the execution of an order from the Secretary of State. The State of Iowa is in your military department. The President by an order addressed to you on the 6th day of December last suspended that writ therein.

With a view to this arrest you will adopt such proceedings as you may find necessary to protect officers who perform whatsoever duties are required of them by the Executive. It is presumed that the arrest and detention of Mr. C. C. Cole would have a salutary effect. An order addressed to the U. S. marshal at Des Moines, Iowa, will without doubt be properly executed.

I have the honor to be, &c,

E. M. STANTON, Secretary of War.

* Omitted here. See Hoxie to Seward January 27, with its inclosures p. 1326.

–––

WAR DEPARTMENT, Washington, March 10, 1862.

Hons. JAMES HARLAN and JAMES W. GRIMES, U. S. Senate.

GENTLEMEN: I have the honor to acknowledge the receipt of your letter of the 26th ultimo, requesting that “Mr. W. M. Hill, a citizen of the United States residing in Iowa now in confinement at Fort Lafayette on an order as it is said emanating from the Secretary of State on account of suspicion of disloyalty, may be discharged from custody and permitted to return to his family.”

In reply I have the honor to state that Mr. Hill is held upon what appears to be conclusive evidence that he not only sympathized with the enemies in hostility to the Government of the United States but that he was actually engaged in affording aid and comfort to them in the character of a spy. It is presumed, however, that in making this request you may have been actuated by a knowledge of facts of which this Department may not be aware. I will consequently thank you to state the reasons upon which your application is founded.

I have the honor to be, &c.,

E. M. STANTON, Secretary of War.

–––

SENATE CHAMBER, Washington, March 13, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: We have the honor to acknowledge the receipt of your letter of the 10th instant concerning the imprisonment of William M. Hill, of Iowa, at Fort Lafayette. We are unformed that Mr. Hill was indicted by the grand jury of the U. S. district court for Iowa, but that Hon. W. H. F. Gurley, U. S. district attorney for Iowa, after consultation with the Attorney-General of the United States entered a nol. pros. in the case on the ground that there was not sufficient evidence to convict Mr. Hill of treason.

{p.1334}

Although at the beginning of the rebellion Mr. Hill’s sympathies may have been with the enemies of the Government we do not believe he has been guilty of any act of treason, and from the best information we have now before us we believe him to be in sympathy with the Government and that he has been sufficiently punished for any improper acts of which we have any knowledge.

Your obedient servants,

JAS. HARLAN. JAMES W. GRIMES.

–––

SAINT LOUIS, March 15, 1862.

H. M. HOXIE, Esq., U. S. Marshal, Des Moines.

SIR: I had authority to declare martial law in Iowa but have never exercised it. I have made and send herewith an order in relation to Hill in order to protect you so far as I can. I must have immediately a full report of the facts of the case in order to justify me in this proceeding. Unless this is given and it is satisfactorily stated that it is necessary for public good to exercise this power the order will be revoked.

I am inclined to think from your letter to Secretary Seward* that this difficulty has grown out of some newspaper quarrel. If so I shall have nothing further to do with it. I permit the newspapers to abuse me to their hearts’ content and I advise you to do the same. It is, however, a very difficult matter where they assist and encourage the enemies of our Government in this unholy rebellion.

Very respectfully, your obedient servant,

H. W. HALLECK, Major-General.

* Probably refers to copy of Hoxie to Seward, January 27, ante.

[Inclosure.]

SAINT LOUIS, March 15, 1862.

H. M. HOXIE, Esq., U. S. Marshal, District of Iowa, Des Moines:

By virtue of authority conferred on me by the President of the United States I direct that you do not release William M. Hill without the proper orders from these headquarters, the privilege of the writ of habeas corpus being suspended in regard to said Hill. You are authorized to disregard the writ or process of any civil court which may have been or may be issued for the release or production before the court of the body of the prisoner.

H. W. HALLECK, Major-General.

–––

FORT LAFAYETTE, N. Y., March 17, 1862.

General JOHN A. DIX, Hon. Judge PIERREPONT, Commissioners, Washington City.

GENTLEMEN: I have aimed to forward to you the evidence of my trial and acquittal in my State and district of the accusation of treason, the same charge under which I am held here as a political prisoner. I am hopeful that this evidence with evidence in my behalf is before you.

I will reiterate though that I am only accused of writing a sympathizing letter to friends in Virginia long before the rebellion assumed {p.1335} the magnitude it has (May, 1861). This imprudent letter, too, was written while my wife was there on a visit, and pleading for a way or passage through the armies of Virginia to her home in Iowa. The letter was designed to pave my way through the armies who would otherwise have denied me a passage, and would in my opinion have been held as a spy and refused me passage and prevented me returning with my wife to my home in a loyal State. With much difficulty I made the journey and returned to my home and office.

The citizens of my State and the legal tribunal through which I have been made to pass with this mistaken charge against me have judged that I committed an imprudent act only, and all have been surprised that I have been made to bear the punishment I have, and all would without distinction of party speed the day of my release. Had not the marshal of the State with seeming malicious and speculative designs filed the information against me and urged my prosecution the Government or no one else would have judged I had designed to commit treason against my Government, nor would my humble and quiet position as a citizen ever been noticed by legal or Government counsel. I may be all wrong in so referring to the marshal of Iowa, but the journals of the State I have sent you expose his illegal acts in my prosecution for which he has been sued (but not at my request or will). His exposition has brought him and a few of his friends down upon my incarcerated head and they are again misrepresenting me. I am thankful I am not to pass under their judgment, but under yours, who will judge me as I deserve.

I have aimed to forward you letters of Messrs. Harlan and Grimes, Iowa Senators, who have been made acquainted with my offense and who have made written request to the War Department for my release (since your appointment). I refer you to them; also to U. S. Attorney Gurley for Iowa, now in Washington; to U. S. Judge Love of Iowa, who judged me not guilty of treason; who tried me and honorably acquitted mime. I wish I could refer you to the opinion of the press and the almost unanimous [voice] of the citizens of Iowa in my favor. But I must not intrude more upon your time. I have asked in case you cannot immediately discharge me to send me to my State and district, where I will ask a bill being found and a trial before those who are well acquainted with my loyalty; where I will neither ask to challenge a juror nor introduce a witness, nor depart until my title to freedom is clear. I have asked, too, for a parole to seek my liberty through an exchange of some grade designated by the Government-to secure my liberty and return to my office, my home and suffering family. I have asked to renew my pledge of loyalty by taking the oath of allegiance. I have no interest in Virginia nor in this rebellion. All I possess is in Iowa, my home. I must be excused for presenting my own case. I have no acquaintance to plead for me nearer than Iowa.

With hopes to hear from you soon, I remain, gentlemen, humbly, yours,

WM. M. HILL.

–––

FORT LAFAYETTE, N. Y., March 18, 1862.

Hon. EDWIN M. STANTON, War Department, Washington.

DEAR SIR: Senator Harlan and Senator Grimes, of Iowa, kindly sent me your letter addressed to them concerning the charges against [me] and my release.

{p.1336}

I am much surprised to learn that I am charged with disloyalty, aiding and comforting the enemies and even [being] a spy. Whoever has made these accusations against me has done me great injustice. The only act of error and imprudence I have committed was in writing a letter to Virginia while my family were there to enable me to pass the armies and get my family home. Had I not resorted to flattery, sympathy and deception I would likely have been incarcerated in a Southern prison as a spy in my endeavors to get my family home. I repeat again frankly and honestly and truthfully that was all that induced me to write at all to Virginia, and this letter, too, was written long before the rebellion assumed the magnitude it has (May, 1861), since which time and before I have acted the part of a loyal citizen in a loyal district and State, having no communication with the South nor desiring any; and living content a thousand miles from the South how unreasonable it is that I can be charged as a spy. If I was a traitor or desired the success of the rebellion I would have remained in Virginia, but I have no interest there nor any in the South nor in the rebellion. All my interests are in Iowa, and I would I could refer the Department to the citizens of my district and get their truthful verdict as a loyal citizen.

I know I have been much wronged in this prosecution by the marshal of the State, who with a few others for the per diem and fees and through seeming malice have made me suffer for many months in this prison while my family are among strangers. For the truth of this hasty assertion I refer your honor to my trial and acquittal under charge of treason in the U. S. court of Iowa, to U. S. Judge Love and U. S. Attorney Gurley.

To get me confined here the marshal kidnapped me-stole me from the custody of an officer who had served upon him the sacred writ of habeas corpus for my release. Thus I have been misrepresented and thus denied the benefit of the habeas corpus writ, and, too, after having been acquitted of the same charge that stands in your Department.

I have asked to be discharged. If refused I ask to be sent to my district where I will ask the finding of a bill (if possible to indict me for treason) and will faithfully abide the decision of my State.

There is not one citizen of my State who is acquainted with my case but will say I have been much wronged mind would plead for my release. Surely I have been punished already more than my offense justifies. For the safety of my family and myself I did write only a sympathizing letter. That too may have been altered as I never have seen it since it was published. If my case is with the commissioners I hope this will be given them.

With great hopes and respect, I await and submit my liberty to your good will.

Very obediently,

WM. M. HILL.

–––

FORT LAFAYETTE, N. Y., March 23, 1862.

General JOHN A. DIX, Hon. EDWARDS PIERREPONT.

GENTLEMEN: I have before me honorable Secretary Stanton’s letter of the 20th informing me that my case (state or political prisoner) was referred to you and that my release depended upon your decision. I have aimed to get the evidence in my favor (sufficient I think to discharge me) before you, though I am not certain it is now before you. The great distance from my home, from friends, and the difficulties of communication and presenting my case with that light and truth I would wish {p.1337} prompted me again to refer to other evidence in case yen have not received my letters or that they are not sufficient for my discharge.

At my former trial for the crime and offense of writing the unfortunate letter I had evidence to prove that the person who abstracted the letter from the post-office-the editor who published it-had materially altered the wording of it. (They are revengeful enemies.) When I was discharged by the U. S. court from further prosecution by the entering of a nolle the jurors and Government witnesses signed an entry to the effect that my prosecution was unwise, unnecessary, and calculated not to result in any good in the cause of the Government.

This resolve by those who know me well, the circumstances under which this letter was written, and my loyalty, together with the record of my acquittal and discharge, I have written to the clerk of the U. S. court at Des Moines, Iowa, to send you. If you have not received them reference is made to Mr. Gurley, U. S. attorney of Iowa, who is now in Washington. Senators Harlan and Grimes, of Iowa, have been made acquainted with my case. I hope it may be convenient for you to refer to them.

It seems some one has done me the injustice to accuse me of aiding, comforting, and even accuse me of acting as a spy to the rebels. I have not written at all or communicated with any one South for eighteen months except the letter designed to aid me in meeting my family. I reside too in a loyal State where all my interest is centered, a thousand miles from a rebellious district. My loyalty is not doubted by any citizen of my State who knows me; nor would my imprudence ever been noticed or my little property sacrificed or I been for many months incarcerated had not personal enemies promoted it all and magnified my offense.

I wish I could inform you how much the marshal of Iowa is censured by the citizens of the State for his malicious persecution. He first commenced my troubles and it is said to get his per diem and mileage from the Government. He has been sued for his violation of right in my prosecution and I know he and his friends are doing all they can to misrepresent me. I will not again give my excuses and apologies for writing at the time I did. My motives I have stated, and whatever wrong I have done I surely have received my just punishment already. It is my anxious wish to be sent to my district, where I will urge a trial in case I am not readily released. I wish I could be informed who made the charges against mime and upon what grounds.

I am, gentlemen, your humble servant,

WM. M. HILL.

–––

WASHINGTON, March 24, 1862.

WILLIAM M. HILL, Esq., Fort Lafayette, N. Y.

DEAR SIR: The Iowa delegation in Congress have this day united in requesting your discharge from confinement. I have no doubt our request will be complied with.

Your obedient servant,

JAMES W. GRIMES.

–––

COMMISSION RELATING TO STATE PRISONERS, New York, April 8, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington.

SIR: We have the honor to inform you that we have had under consideration the case of William M. Hill, of Iowa, and respectfully recommend {p.1338} that he be discharged upon taking the oath of allegiance to the Government of the United States, stipulating that he will do no act hostile or injurious to the Government of the United States, and that he will release all claims against the U. S. marshal for the district of Iowa growing in any manner out of his arrest and confinement and particularly in disregarding the writ of habeas corpus.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

FORT LAFAYETTE, N. Y., April 10, 1862.

General JOHN A. DIX, Hon. EDWARDS PIERREPONT, Commissioners.

GENTLEMEN: Deputy U. S. marshal informs me that you had requested him to say to me that you had agreed upon my release and that I would receive my discharge in a few days. I am not informed upon what conditions. I would rather have been sent to my State and district for trial, but will accept your conditions, as I anticipate them reasonable from the questions propounded while I was before you. I have a friend in the city from Iowa who is waiting to advance me some means and accompany me home. It would be of great convenience and pleasure to know the time I may expect my discharge, and if it is necessary for you to await further instructions from Washington. May I hope for an answer.

Very respectfully,

WM. M. HILL.

–––

FORT LAFAYETTE, N. Y., April 14, 1862.

Hon. JAMES W. GRIMES, U. S. Senate.

DEAR FRIEND: I am under many obligations to you and Senator Harlan for the sympathy you have manifested for me, and for your kindness and efforts in releasing me from my unhappy confinement. Though I have troubled you much I will ask another favor of you.

Messrs. Dix and Pierrepont have recommended my release on the conditions that I dismiss suits commenced in Iowa against Mr. Hoxie, the marshal, and by taking the oath of allegiance. This I am willing to do. I informed you that Mr. Cole, who had formerly acted as my attorney, had no authority to bring these suits; that what he has done was without my authority or knowledge. I have not consulted with him, nor has he ever informed me of the bringing of these suits. I think Mr. Hoxie has done me great injustice, but I never thought of suing him, as I know litigation with a Government officer would only redound to my disadvantage. But to my request. I respectfully ask that you would personally refer to the War Department and see that the papers for my release are made out and sent on. Under the press of business the recommendation and application of the Commissioners may remain in the office days and weeks without being sent on.

I cannot be misinformed of the decision of the commissioners. It comes through Mr. Webster, the Secretary; also through U. S. marshal. I cannot think the Government will refuse to discharge me under these circumstances. If there is any refusal or any cause, will you please {p.1339} inform me what can be the reason. You can reiterate the opinion of Mr. Gurley, U. S. attorney, who knows all about my case-my innocence of the charge against me. You can refer to my trial and acquittal, to my loyalty, the great distance I reside from the South, and that all my wrong consists in writing a sympathizing letter to my friends in Virginia, designed to get my family home through the armies. The letter of the Iowa delegation* for my release to the President can also be transferred to Mr. Stanton. I hope I may hear from you by return mail. I hope to be situated so I can repay you for your kindness.

Very respectfully, your obedient servant,

WM. M. HILL.

* Does not appear in the case.

–––

WAR DEPARTMENT, Washington, April 26, 1862.

Maj. Gen. JOHN A. DIX, Hon. EDWARDS PIERREPONT, Commissioners.

GENTLEMEN: The Secretary of War directs me to acknowledge your letter of the 9th [8th] instant ... recommending that William M. Hill be released on taking the oath of allegiance and stipulating to release all suits and claims against the U. S. marshal, H. M. Hoxie, growing out of the execution of any orders in connection with his arrest. He approves your findings as above stated and directs that you carry into effect the decision in respect to William M. Hill upon the terms and conditions proposed.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

–––

APRIL 28, 1862.

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

SIR: You will please bring before the commission to-morrow (Tuesday, April 29), at 11 a.m., the following-named prisoners confined at Fort Lafayette, viz, ... William [M.] Hill.

By order of the commission:

E. D. WEBSTER, Secretary.

–––

COMMISSION RELATING TO STATE PRISONERS, New York, April 29, 1862.

Lieut. Col. MARTIN BURKE, Fort Lafayette.

COLONEL: Mr. Hill having taken the oath of allegiance and engaged to relinquish all claims against the U. S. marshal for the district of Iowa growing in any manner out of his arrest and confinement you will please release him.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

{p.1340}

Case of Messrs. Hunter and Hull.

Samuel Hunter was arrested by the military authorities near Sandy Hook, on the Upper Potomac, and sent by order of Major-General Banks December 25, 1861, to the provost-marshal of Washington who committed him to the Old Capitol Prison. The charges against Hunter were that in violation of the President’s proclamation interdicting correspondence and commercial intercourse with the rebel States he went to Virginia in August, 1861, on a collecting tour for the firm of Hopkins, Hull & Atkinson, of Baltimore; that by representing the members of that firm loyal to the Confederate States he traveled with impunity through the insurrectionary States, and on his return brought with him various business and social letters to be delivered by him personally or mailed to parties in the North. Application having been made for the release of Hunter an order was issued from the Department of State January 22, 1862, directing the provost-marshal of Washington to discharge him on his taking an oath not to visit any of the insurrectionary States during the present war without consent of the Secretary of State, or do any act hostile to the Government of the United States. The said Samuel Hunter was accordingly released.

Robert Hull was arrested January 30, 1862, in Baltimore by order of the Secretary of State and committed to Fort McHenry and from thence conveyed to Fort Lafayette. The charges against Hull were that in violation of the President’s proclamation interdicting communication with the rebel States he with his partners representing the firm of Hopkins, Hull & Atkinson doing business in Baltimore sent Samuel Hunter as their authorized agent to Virginia and the Southern States to collect moneys and accounts due the firm. The said Hunter upon his return having been arrested by the military authorities of the United States near Harper’s Ferry, upon his person were found letters and certain correspondence implicating Robert Hull and his partners with being in sympathy with the rebels. It appears that the said Hunter while acting as agent of the said firm found difficulty in making collections, and in behalf of Messrs. Hopkins, Hull & Atkinson addressed the following letter to a firm in Richmond.* Mr. Hunter acting under the written authority of Hopkins, Hull & Atkinson assures their friends that that firm is “known to be loyal to the Confederate States.” February 5, 1862, an order was issued from the Department of State directing the release of Hull on his taking the oath of allegiance and entering into stipulations to do no act hostile to the Government of the United States. This offer of release was declined, and in reference to it Hull wrote February 9, 1862, as follows:

I was offered my release yesterday on taking the oath of allegiance, which I had respectfully to decline. Even if so disposed it would ruin me with nine-tenths of our customers who live in the South, but I had no idea of taking it under any circumstances.

The said Robert Hull** remained in custody at Fort Lafayette February 15, 1862, when in accordance with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* Omitted here. For Hunter to Messrs. Meredith, Spencer & Co., September 23, see p. 1341.

** For Dix to Stanton, February 20, 1862, recommending Hull’s retention among others as a dangerous prisoner, see Vol. I, this series, p. 738.

{p.1341}

–––

HDQRS. CITY GUARD, PROVOST-MARSHAL’S OFFICE, Washington, D. C., January 7, 1862.

Brig. Gen. A. PORTER, Provost-Marshal.

DEAR SIR: In the case of Samuel Hunter, a prisoner confined in the Old Capitol Building, I have the honor to report as follows:

Said Hunter was sent here from General Banks’ division on the 25th of December ultimo, having come into our lines from Virginia near Sandy Hook, Md. On examination at this office he stated that he was a native of Ireland; that he emigrated to this country about eleven years ago; that he had resided in Baltimore, Md., ever since he arrived in this country; that he was now twenty-one years of age; that he did not know whether he was a citizen of the United States or not; that he had never been naturalized and did not know whether his father ever had been or not-that he had been in the employ of Messrs. Hopkins, Hull & Atkinson, dry goods merchants, 258 Baltimore street, Baltimore, Md., for the last six years as clerk; that for the last year he had been engaged in collecting bills for goods sold by the above-mentioned firm; that on the 31st of August last he was requested by his employers to go South on a collecting tour; that he accordingly went as requested; that he took no letters or communications of any kind within him except his own simple accounts; that he went by the way of the Eastern Shore of Virginia, and had no difficulty in getting along, having stated who he was, what his business was, &c.; that having made a tour of considerable extent in the South he started from Richmond on the 19th of December to return to Baltimore; that he went by the railroad to Strasburg via Manassas Junction, thence to Winchester in an omnibus, thence to Charlestown by railroad, and thence to Harper’s Ferry by private conveyance, where he arrived on the morning of the 24th of December; that he engaged a man there who raised a white flag and put him across the river into Maryland; that on landing on the Maryland shore he was taken into custody by the Union pickets and conducted to the headquarters of Major Tyndale, where he was searched and then sent to the headquarters of General Banks at Frederick, whence he was sent under guard to this city. Among the papers found upon the person and in the baggage of Hunter were the following:

BALTIMORE, April 30, 1861.

TO OUR CUSTOMERS AND FRIENDS IN EAST TENNESSEE, VIRGINIA AND ALABAMA:

The bearer of this, Mr. Samuel Hunter, is hereby authorized by us to attend to the settlement of our business in the above-mentioned States and to receipt for any money paid for our account, and his receipt will be good against us for the same.

HOPKINS, HULL & ATKINSON.

WYTHEVILLE, VA., September 23, 1861.

Messrs. MEREDITH, SPENCER & Co., Richmond, Va.

DEAR SIRS: You will do me a great favor by inquiring of the attorney-general or some other competent person whether there is a law or proclamation in Virginia or in the Confederate States prohibiting the payment of debts to Baltimore houses who are known to be loyal to the Confederate States. I have met with considerable objection on this account. Some of our best customers have an idea that it is a penal offense and have refused to pay the money on that account although they were anxious to do so. If there is no law or proclamation to the above effect, if you can get the attorney-general or other competent person to give you a few lines to that effect and inclose it to me it will promote my business very much. Our friends are all willing to pay their Baltimore debts but have doubts on the above subject. Please write me as soon as possible to care of Keebler & Pepper, Bristol, Va., what the attorney[-general] says about it; and if you can get me a few lines from him please do so. If you think fit your can just show him this letter.

Your early attention will munch oblige yours, respectfully,

SAMUEL HUNTER. For HOPKINS, HULL & ATKINSON.

{p.1342}

RICHMOND, October 21, 1861.

Mr. SAMUEL HUNTER.

DEAR SIR: Yours of the 14th was received a day or two ago and I have seen the attorney-general and herewith inclose the law in regard to the collection of debts due Maryland. Your letter to Hopkins, Hull & Co. I will send so soon as an opportunity occurs, which is rare now. I have been able to hear but little from Baltimore for some time, and that little of very unsatisfactory character. Your first letter was received while I was out and so long after the time you wished me to write you to a certain point that I did not write you. Hope you may have success in your business operations. Write me when I can be of use to you.

Very respectfully, yours,

E. N. SPILLER.

Besides these letters there were found among the papers of Hunter sundry business letters from citizens of the South (mostly in reference to accounts in his hands for collection), and also a few social letters from citizens of the South to their friends in the North which Hunter was bringing within our lines for the purpose of mailing or delivering in person. It is perhaps due to Hunter to say that there were no papers found in his possession of a treasonable character any further than those above mentioned may come under that definition. Upon Hunter’s person also was found $4,240 in Virginia bank bills which I have given up to Mr. Robert Hull on Hunter’s order, taking the former’s receipt therefor.

On the 1st of January the following document was received by mail at this office, post-marked Baltimore, Md.:

The undersigned, doing business in the city of Baltimore, desire to state that the debts due them being almost entirely in the South, and their only dependence either for living or paying their debts being the debts due them, and feeling it due to themselves as well as to their creditors to do all in their power to collect and secure their debts, sent their clerk, Samuel Hunter, who has been living with them several years and whom they know to he a man of the strictest integrity, to Virginia in August, 1861, with instructions to take with him no letters or correspondence, and to bring none with him on his return. The object of his trip was only to secure and collect the debts due us and to bring the money home with him so that we ought be able to pay those to whom we were indebted here and in the North, who were then as now very urgent and pressing. Since his departure we have not written to him except on business, nor has he to us. He has been since his departure diligently engaged in attending to our business, and as we are satisfied to that only. On his arrival at Frederick, Md., a few days since he was arrested and taken to Washington and is now held a prisoner there.

As the trip on which we sent him was only on business as stated before, we respectfully ask that he be discharged.

HOPKINS, HULL & ATKINSON.

BALTIMORE, December 81, 1861.

The above firm are highly respectable, and I have no doubt that their statements may be implicitly relied on.

GEO. R. DODGE, Provost-Marshal.

It is of course unnecessary for me to say that the whole mission of Hunter if not the agency of his employers in the matter was in direct contravention of the President’s proclamation in regard to communicating with the rebel States, while it is for others also to define the penalty due such an offense. But the written intimation of Hunter in the South that his employers were known to be loyal to the Confederate States is a very serious aggravation of the matter. Here we have a case of a mercantile firm living and flourishing under the protection of the Federal Government confessing themselves through an authorized agent traitor to that Government, and openly bidding defiance to the ordinances of the executive officers by communicating with its enemies in arms through an agent alike faithful to their pecuniary interests and their traitorous designs.

{p.1343}

I cannot see how the Government can secure proper respect for its ordinances or discharge its duty to the loyal people and the loyal and brave army enlisted in its support without in this case, as in all others of the kind, holding to strict account all the parties concerned in contraband communication with the enemy. I deem it may duty therefore on this occasion after a thorough examination of the case to recommend and urge not only that Hunter be held in custody until all occasion for his contraband agency is over, but that his three employers, Messrs. Hopkins, Hull & Atkinson, of Baltimore, the principals in this habitual contraband business, be arrested and so disposed of as to effectually prevent any further indulgence in their treasonable propensities.

All of which is respectfully submitted by your obedient servant.

E. J. ALLEN.

[Indorsement.]

Respectfully forwarded to Hon. W. H. Seward, Secretary of State.

A. PORTER, Brigadier-General and Provost-Marshal.

–––

DEPARTMENT OF STATE, Washington, January 22, 1862.

Maj. Gen. JOHN A. DIX, Baltimore, Md.

GENERAL: I will thank you to inquire and report to me the names in full of each of the persons composing the firm of Hopkins, Hull & Atkinson, doing business in Baltimore, and whether any of them are citizens of the United States, and if so which of them.

I have the honor to be, &c.,

F. W. SEWARD, Assistant Secretary.

–––

DEPARTMENT OF STATE, Washington, January 22, 1862.

Brig. Gen. ANDREW PORTER, Provost-Marshal.

SIR: Let Samuel Hunter, a prisoner confined in the Old Capitol Prison, be released on engaging upon oath that he will neither enter any of the States in insurrection against the authority of the United States Government nor hold any correspondence whatever within 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.

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

F. W. SEWARD, Assistant Secretary.

–––

BALTIMORE, January 23, 1862.

Maj. Gen. JOHN A. DIX.

SIR: Referring to the inquiry as to the firm of dry goods merchants here of Hopkins, Hull & Atkinson I have to state that Basil Hopkins, Robert Hull and Thomas W. Atkinson compose the firm. They are all citizens of the United States. The first-named, Hopkins, is known to be a Union man; the others are secessionists. They have a large number of accounts due them in the South.

Yours, respectfully,

GEO. R DODGE, Provost-Marshal.

{p.1344}

–––

DEPARTMENT OF STATE, Washington, January 28, 1862.

Maj. Gen. JOHN A. DIX, Baltimore, Md.

GENERAL: I am directed by the Secretary of State to request that you will arrest and convey to Fort Lafayette, New York Harbor, Mr. Robert Hull. You will please make a thorough examination of his person and the premises of the firm of Hopkins, Hull & Atkinson for treasonable correspondence. Please transmit all such of which you may take possession together with your report thereon to this Department.

I have the honor to be, &c.,

F. W. SEWARD, Assistant Secretary.

–––

HEADQUARTERS, Baltimore, January 30, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Mr. Robert Hull, of the firm of Hopkins, Hull & Atkinson, has been arrested and will be sent to Fort Lafayette to-morrow with twelve others, political prisoners from Fort McHenry. His person and the premises were searched but no treasonable correspondence has been found.

I am, very respectfully, your obedient servant,

JOHN A. DIX, Major-General.

–––

DEPARTMENT or STATE, Washington, February 5, 1862.

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

COLONEL: Mr. Robert Hull, of Baltimore, who has recently been committed to Fort Lafayette, is a member of the firm of Hull, Hopkins & Atkinson of that city. In the course of the last summer this firm in defiance of the President’s proclamation sent an agent to Virginia on business who must have surreptitiously passed through the military lines of the United States. On his return, however, he was arrested and confined in this city, and there was found upon him a correspondence by which the loyalty of his employers was compromised. The firm referred to then applied to Lord Lyons to ask for his release on the ground that line was a British subject, and he was released accordingly. It was then deemed advisable to arrest one of the principals, and Mr. Hull was selected for that purpose. You may, however, inform him that if he will take the oath of allegiance to the United States he will be set at liberty, and if he does take the oath you may release him.

I am, colonel, your very obedient servant,

WILLIAM H. SEWARD.

–––

FORT WARREN, Near Boston, May 7, 1862.

Major-General DIX and Hon. EDWARDS PIERREPONT.

GENTLEMEN: I am a native citizen of the State of New York but have resided in Maryland for the last twenty-nine years. On the 30th of January last whilst in the legal prosecution of my business I was arrested by an officer professing to act under an order of the Hon. F. W. Seward, Assistant Secretary of State of the United States, and {p.1345} forcibly taken to Fort McHenry, where I remained one night; then I was taken to Fort Lafayette by an armed force and treated on the route like a common felon. Remained there some fortnight or more and from thence removed to this place and kept as a prisoner ever since, without any charge having been made against me and without any legal warrant for my arrest. My house and place of business were searched without warrant and without oath; all of which was in violation of the Constitution of the United States, and particularly of the fourth article of “amendments to the Constitution.”

I was on the 8th of February last tendered my release on condition of taking an oath of allegiance not required by law, which I declined. There is no provision of the Constitution or any law which requires of private citizens any such oath, and I object to being singled out and marked with suspicion by having any such oath imposed on me. I have never yet been informed as to what is charged against me and I am not conscious of having violated any law; therefore I do not want any amnesty nor will I give any parole or take any oath not required by the law of the land; but I claim as I have a right to do aim immediate and unconditional release from my present unjust and illegal imprisonment. If I have done any act contrary to the laws of my State or of the United States I claim a speedy trial by my peers.

Very respectfully,

ROBT. HULL.

–––

WAR DEPARTMENT, Washington, D. C., May 15, 1862.

Mr. ROBERT HULL, Fort Warren, Boston Harbor, Mass.

SIR: The Secretary of War directs me to acknowledge the receipt of your letter of the 8th instant* stating that you had declined being released on the terms offered by the commissioners and asking to be paroled thirty days, and to inform you in reply that your request cannot be complied with.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

* Not found.

–––

FORT WARREN, Boston Harbor, November 27, 1862.

General L. THOMAS, Adjutant-General, Washington, D. C.

SIR: I have the honor to report that I have this day released the following-named prisoners in obedience to telegram* 26th instant, viz, ... Robert Hull. ...

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

J. DIMICK, Colonel First Artillery, Commanding Post.

* For Townsend to Dimick, November 26, 1862, ordering release of all the Maryland state prisoners, see Vol. I, this series, p. 748.

–––

Case of Arthur Brown.

Arthur Brown was arrested by order of the Secretary of State at Fairfield, Conn., by U. S. Marshal David H. Carr on the 7th of February, {p.1346} 1862, and committed to Fort Lafayette. He was charged with disloyalty and the strongest sympathy with the rebel cause. A letter said to have dropped from his pocket dated Richmond December 31, 1861, and signed “F. C. P.,” informed him that his proposition to purchase a fast steamer and go at privateering met with Jefferson Davis’ most hearty approval. Advised him to come without delay to rebeldom by the way of Baltimore, where his friends would see him safe through the lines. The writer also suggests that he does not think it advisable to drop down to Africa, as there would be danger of capture before getting into Congo. The said Arthur Brown remained in custody at Fort Lafayette February 15, 1862, when he was transferred to the charge of the War Department.-From Record Book, State Department, “Arrests for Disloyalty.”

–––

WAR DEPARTMENT, Washington, March 12, 1862.

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

COLONEL: You may release Mr. Arthur Brown, a prisoner confined in Fort Lafayette, upon his giving his written parole of honor that he 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.

–––

[FORT LAFAYETTE,] March 15, 1862.

I, Arthur Brown, of New York City, do 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.

ARTHUR BROWN.

Witness present-

HARRY C. EGBERT, First Lieutenant, Twelfth Infantry.

–––

Case of Mrs. Augusta Morris.

Mrs. Augusta Morris,* alias Miss Ada M. Hewitt, alias Mrs. Mason, was arrested by order of Major-General McClellan and confined in the Old Capitol Prison February 7, 1862. She was charged with being a spy in the employ of the rebels. The said Miss Hewitt, or Mrs. Morris, remained in custody at the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day she was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* In connection with this case see case of Mrs. Greenhow, p. 561 et seq.; also case of Mrs. Baxley p 1315 et seq.

–––

-Information obtained by a thorough examination and study of the papers of Mrs. Augusta Heath Morris, otherwise Mason.-

That on the 20th of January, 1854, she as Mlle. Augusta Heath Morris was married in Paris to John Francis Mason in the presence {p.1347} of Julian Taylor, of Virginia, and George W. Morris, of South Carolina, and all of the United States; that Mason has a mother (a Mrs. Mason) at or in the vicinity of Frederick, Md., with whom he seems to reside principally, and that his Parisian wife goes by the name of Mrs. Morris; that Mrs. Morris is a second Mrs. Greenhow, having been boarding in style at Brown’s Hotel and been engaged principally it would seem in collecting information and communicating it to the enemy; that she has been in correspondence with Thomas John Rayford,* the rebel correspondent of Mrs. Greenhow, &c.; that Rayford for the purpose of misleading detectives has been in the habit of dating his letters as from New York City while writing from secesh; that he (Rayford) has called on Mrs. Morris at Brown’s Hotel since she has been there; that Mrs. Morris left the Ebbitt House for Brown’s Hotel under the auspices of a Mr. Elias M. Green, a Quaker; that since Mrs. Morris’ sojourn at Brown’s Hotel she has had more or less social intercourse with Mansfield T. Walworth, Major McClure, George A. Hanson, Capt. Fred. Buclock, U. S. Army, E. W. Belt, Upper Marlborough, Md., Mrs. and Miss Mackall, Mrs. Merrick, Hon. J. S. Rollins, Edward Loring, Mr. Lovejoy, &c., but with none of these parties does there appear to have been any intercourse but of a social nature; that she has a social correspondent at Frederick, Md., named E. A. Hanson; that she has a lady correspondent in New York named Mrs. Gildersleeve, who seems to be on very intimate terms with her socially; that she has a lady correspondent in Baltimore named Mrs. C. S. Wilson, in whose possession interesting correspondence might no doubt be found; that Daniel R. Kenney, of Point of Rocks, offered to see Mrs. Morris safe across the river on the 27th of July when she was at Frederick. He had just sent a note across to Mrs. Mason for her, showing that Mrs. Mason was probably at the time in Virginia; that Mrs. Morris corresponds socially with Lizzie Grant, Oswego, N. Y., Mrs. Johnson, Mrs. Syms, 300 Broadway, Mrs. Beaumont, Miss Price, Mrs. Walworth, Mrs. Gildersleeve, Mrs. Speed, her husband, &c.; that in a note to her at Brown’s Hotel Mansfield T. Walworth spoke of a Mrs. B. being about to leave the city and wishing to see her; that in one of Rayford’s letters to her he speaks of their cousin, Jane Elmford, being in co-operation with them in Washington, and hopes that she was not involved by the arrest of {cryptic},” probably W. T. S. (Smithson).** He also spoke of “poor {cryptic}” (R. G.) as being a persecuted individual. He also speaks of a friend of theirs whom Nesmith, of Oregon, is after with resolutions of inquiry, thus giving a clue to said friend by communicating with Nesmith; that she (Mrs. Morris) has been informed by some faithful Maryland friends that Mrs. Baxley has been put in prison with Mrs. Greenhow to get all she could out of her. She asks Rayford for information about her (Mrs. B.)

There is nothing in the papers of Mrs. Morris or of himself to show any treasonable practices on the part of M. T. Walworth.*** He appeared to be mixed up with Mrs. M. socially to some extent, like several other parties.

[E. J. ALLEN.]

* Rayford was Thomas Jordan, assistant adjutant-general to General Beauregard.

** See case of Smithson, p. 1354 et seq.

*** See case of Walworth, p. 1351.

{p.1348}

-Copies of intercepted letters sent out of the Old Capitol Prison by Mrs. Augusta Heath Morris February 27, 1862.-

[No. 1.]

PRIVATE.]

OLD CAPITOL PRISON, February 19, 1862.

Dr. J. F. MASON, Care Maj. T. G. Rhett, Asst. Adjt. Gen. of Johnston’s Staff: (To be forwarded.)

Two days after I laid my babe down to rest-the 7th of February, his birthday-I was arrested at Brown’s Hotel-where I have lived ever since I have been in Washington-for giving information to the enemy. I write you this letter to let you know how futile was the attempt of your good mother to have me either arrested or exiled from the South; that I actually left the South, sent by General Joe Johnston and General Beauregard, and with the consent of the President, to go to Washington and see if my feeble efforts could be of use to them. I may not have been of use, but I am so dangerous, or so considered by this Government, that a military necessity compels them to arrest me, in the language of General McC[lellan]. He, however, arrested me too late. I already had gotten his plans, as laid before the military committee, from one of the members. It is true that your mother’s voice did have some weight with General Winder who protested at my leaving the country; but he being politely informed to mind his own business I consequently left upon my mission. I left as an alien; but that stain will be removed from my child and we will have a claim on the Southern Government, and I shall be able to fight you and your mother from a fortress.

I hold in my possession the proof of your mother’s constant communication across the river with Colonel Stone. I have two of our friends to bear witness to my conversation with Mrs. Buell when she said her (your mother’s) property here was secure; it was all safe; the Government understood your position perfectly-to use her elegant phraseology, “that they were all right,” meaning you and your mother. Then my conversation with the Secretary of State places it beyond a doubt that it is your mother that is the traitor and not I. Colonel W.’s was broken in and robbed. The Government had it closely investigated and the perpetrators punished. “Huntly” has not been touched. All this goes to prove that your mother’s position is very well understood here by the Lincoln Government. I have understand from parties in Frederick that your mother wrote to Colonel Geary that she had committed an error in trying to fasten upon me the suspicion of having an intrigue with the commander at Point of Rocks. She told me to my face, “She must be a spy, for how else could she (I) have gotten across the river?”-that I had actually left the country as a spy for the Southern Government. Geary replied, “It was only Mrs. Mason’s malignity,” and he paid no attention to it, and he is now actually trying to get me released upon parole; but I will not come out upon that. I have worked for them ever since the war broke out, and will never yield until they do, and not even then.

I wrote you a letter from Leesburg, which is more than probable that you did not get as I waited in Richmond for the answer. I was detained at Fairfax to get my instructions some weeks, for the arrangements for my leaving were being made, and whilst there I saw Bradley T. Johnson. I believe he is my friend-at least he pretends to be, or from {p.1349} policy, seeming that my friends were those that held all in their hand. I staid a day within him at the station. He was very kind to me and the children, lie is a dear funny fellow, he tells me he told Mrs. Johnson the night before the fight at Manassas of me and my children, and she would be a friend to those children. When I told him of all my sufferings in Arkansas the tears rolled down his face. I had not the heart to tell him of all the unkind things your mother had said of his wife, but for fear my letter has failed to reach you I will tell you all she said of you.*

...

Your wife,

A. MASON.

* Omitted portions of these letters relate to unimportant family matters.

[Newspaper slip inclosed. From Washington.-Special to The New York Herald.]

ARREST OF A FEMALE SECESSIONIST.

A lady calling herself Mrs. Morris, who came here from Richmond some time since alleging that she had been compelled to leave on account of expressions of sympathy with the North, was arrested to-day and locked up in the Capitol Hill Prison. She is charged with giving information to the enemy regarding the position and strength of the Federal troops and fortifications in and about Washington. Mr. Walworth, son of Chancellor Walworth, of New York, clerk in the Adjutant-General’s Office, has also been arrested and imprisoned on charge of acting in complicity with hem. This Mrs. Morris, who is a gay, dashing and sprightly widow, it will be remembered offered for $100,000 to explain the Confederate Army signals. This offer was not accepted but for prudential reasons it was deemed advisable to keep a strict watch upon her and the result has been her arrest, which took place at 4 o’clock this morning while she was in bed at her hotel.

[No. 2.]

FEBRUARY 24, 1862.

Col. THOMAS JORDAN. (To be forwarded.)

MY DEAR FRIEND: I have written you twice since I have been in this charming place-once a private letter to you, another claiming your protection for Mrs. General Gaines, my friend. Some of our friends have written South that she is a spy for this Government. It is utterly false. In my letter I also spoke of the cabal formed against me by Mrs. Greenhow. She too has added her voice against Mrs. G[aines], and as I said she is drowned by mean ammunition of being known [as the only one] in the good work and jealous of everything that surpasses her in loyalty and courage. She makes herself the echo of every evil rumor and she may injure Mrs. G[aines].

I have seen in the papers a speech alleged to have been made by Faulkner* at M. I wrote you when I saw him at the hotel to tell the President to be careful of that man and not to trust him nor to give up Ely for him. He I assure you is no friend to the South. He is crafty and calculating. He has some voice in Virginia. This speech will do harm. He had I am confident a pretty good understanding with this Government before he left, so the Union men gave me to understand. Mr. Davis will understand him better than you will, for he knows him. I cannot describe to you the whole manner of this man, {p.1350} but it left the impression on my mind that he was not to be trusted. I was talking to him; I said “the President”-meaning Mr. Davis. He did not understand me. “O, Mr. Davis.” “Yes,” I replied, “President Davis. You have not yet gotten used to it. You know we have two Richmonds in the field.” His whole tenor and manner showed that the fat turkeys and baskets of grapes presented by those Boston abolitionists had won his heart in spite of his allegiance to the South. His falsehoods about his kind treatment to the prisoners will be proved some day. He ought to be placed under arrest for it as Henry May was for his speech in Congress last summer.

All of my letters to you, so I have learned since I have been here, were opened on both sides of the river before they reached you, and those that were not mutilated by being opened were resealed and forwarded. That is the reason why so few reached you. Did the one with McC[lellan]’s plans as given to the military committee reach you? Mrs. Lincoln gave Wycoff the message you saw when they arrested him to make him tell.

Their successes have completely deranged them. All that I am afraid of is that success is so powerful even in the eyes of great men; and so strongly does force impose upon men that I am afraid our friends here will grow lukewarm and forget we are right. I have great hopes of you if McC. will give you fight. “Nous ne brûlons que pour brûler les autres.” You ought to see the attitude they are now assuming toward England. After you are subjugated they are going to whip all Europe, send an immense army to Mexico, to Canada and all over the world.

E. P Bryan is here; was arrested on the 22d. He tells me you are gone with your chief. ... I have written reams. Cannot you possibly get me an answer? They arrested a woman in men’s clothes and brought her here. She will not take then off. She is either a spy for them (for she is a Yankee woman) or it’s been done to degrade us and deter every respectable woman from raising her voice in our cause.

* See case of Faulkner at p 463 et seq.

[No. 3.]

PRIVATE.]

OLD CAPITOL PRISON, February 19, 1862.

Col. B. T. JOHNSON, Present.

MY DEAR COLONEL JOHNSON: ... “A military necessity” compelled McC. to arrest me two weeks ago. I have excellent society, when I get a chance to enjoy it. It’s solitary confinement; but trust to my French sagacity for that. Latude, the thirty years’ prisoner in the Bastile, you know never saw any one (?}. Greenhow enjoys herself amazingly. My friends, or our friends, have supplied me with every comfort. I have no fault to find, but on the whole rather like it-out of the way of scandal! I cannot work so well here as when free. I regret that. Frank kicks against the door. “Let me out, you damn Yankee, you.” ... Give it to Colonel Jordan. That’s a good man, I love him very much. I thought old Bryan was here, but was agreeably disappointed to find it was only his cousin.

I now will write you what I desired to say. George Hanson tells me if you will send a power of attorney to any one your interest at all hazards shall be respected. The Union sentiment is dying out in F. Banks has your house. Also that Miss or Mrs. Robinson is making an effort to sell your house to foreclose a mortgage. You will understand what I mean. I am writing in great haste to give to the sentinel before {p.1351} he is changed. He will not be on again for a week. You could buy up the whole regiment for $1,000. I am not at all low-spirited. You know I cultivate a cheerful spirit as a duty. I often think we are very much alike in some respects.

Our losses in Tennessee and Kentucky is a blow, but they have to fight a long death fight before our brave people are conquered. I am only afraid so powerful is success even in the eyes of superior men, and so strongly does force impose upon men despite the voice of conscience, that our friends here will forget we are right. If you are whipped and taken prisoner you will be brought here. They are making extensive preparations for your accommodation. This piece of paper Mason wrote his name on in any portfolio honing time ago, and I have kept it as a souvenir. You know I have only his children to remember him by. Pardon this scrawl, but I write with a stick.

The sentinels, keeper, prisoners and officers are all kind. They only keep me here because they hate to part with me. ...

Yours, &c.,

A. M.

Please forward the inclosed letter* to Doctor Mason.

* Omitted as unimportant.

–––

COMMISSION RELATING TO STATE PRISONERS, Washington, April 1, 1862.

Brig. Gen. JAMES S. WADSWORTH, &c., Washington.

GENERAL: If they consent you will please convey ... Mrs. Augusta Morris, prisoners at present held in the Old Capitol Military Prison in this city, beyond the lines of the U. S. forces into the State of Virginia and release them upon their giving their written parole of honor that they will not return north of the Potomac River during the present hostilities without permission of the Secretary of War.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

HEADQUARTERS, Fort Monroe, Va., June 2, 1862.

We, the undersigned,* late prisoners in the Old Capitol at Washington, do pledge our word of honor that in consideration of our being set at liberty beyond the lines of the U. S. Army we will not return north of the Potomac River during the present hostilities without the permission of the Secretary of War of the United States.

MRS. AUGUSTA MORRIS.

* Mrs. Greenhow and Mrs. Baxley also signed this parole and were sent South with Mrs. Morris.

–––

Case of Mansfield T. Walworth.

This person [Mansfield T. Walworth] was arrested February 7, 1862, in Washington, p. C., by order of Major-General McClellan and committed to the Old Capitol Prison. He was charged with being a spy* {p.1352} in the service of the rebels. The said M. T. Walworth remained in custody at the Old Capitol Prison February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

* But see report of Allen in case of Mrs. Morris, p. 1346.

–––

COMMISSION RELATING TO STATE PRISONERS, Washington, April 1, 1862.

Hon. REUBEN H. WALWORTH, Saratoga Springs, N. Y.

SIR: Herewith I have the honor to inclose by direction of the commissioners, Major-General Dix and the Hon. Edwards Pierrepont, a copy of the order issued this day for the discharge of Mr. Mansfield T. Walworth from confinement at the Old Capitol Military Prison in this city.

I have the honor to be, &c.,

E. D. WEBSTER.

[Inclosure.]

COMMISSION RELATING TO STATE PRISONERS, Washington, April 1, 1862.

W. P. WOOD, Esq., Superintendent, &c., Washington.

SIR: You may release Mr. Mansfield T. Walworth upon his taking the oath of allegiance and engaging upon oath that he will leave the city of Washington forthwith and repair immediately to his paternal home in Saratoga County, N. Y., and report daily therefrom to the Hon. Reuben H. Walworth, and that he will not leave the county of Saratoga nor hold any correspondence himself nor be engaged in any with any person in the States in armed insurrection against the authority of the Government of the United States without permission from the Secretary of War.

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

Case of W. W. Hedrick.

W. W. Hedrick, of Memphis, Tenn., was arrested in Chicago, Ill., February 8, 1862, and by direction of the Secretary of State was conveyed to Fort Lafayette. Hedrick was charged with being an agent of the insurrectionary government to procure the printing of Confederate scrip or bonds and that in pursuance of his agency and authority he contracted for and had printed in Chicago a large number of bonds or scrip, and when arrested was about to proceed with them to the rebel States. On his person was found a large amount of money or scrip issued by authority of the so-called Confederate States, and of issues of the banks of the States in rebellion against the Government of the United States. The said W. W. Hedrick remained in custody in Fort Lafayette February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.-From Record Book, State Department, “Arrests for Disloyalty.”

{p.1353}

–––

U. S. MARSHAL’S OFFICE, New York, April 9, 1862.

Lieut. Col. MARTIN BURKE, Commandant, Fort Lafayette.

COLONEL: I have the honor to inclose orders for the release of William W. Hedrick. ...

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

ROBT. MURRAY, U. S. Marshal.

–––

I, W. W. Hedrick, of the city of Memphis and State of Tennessee, do solemnly swear that I will support, protect and defend the Union and Constitution and the Government of the United States as established by that Constitution against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State convention or legislature to the contrary notwithstanding; and further that I do this with a fall determination, pledge and purpose without any mental reservation or evasion whatsoever; and further that I will well and faithfully perform all the duties which may be required of me by law. So help me God.

WM. W. HEDRICK.

Sworn and subscribed to before me this 9th day of April, 1862.

EDWARDS PIERREPONT, Commissioner.

–––

DEPARTMENT OF STATE, Washington, April 14, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I have the honor to inform you that the commission relating to state prisoners at its session in New York discharged from confinement Mr. W. W. Hedrick, a prisoner who was arrested in Chicago, III. Mr. Hedrick applied to the commission for the restoration of a sum of money which was taken from him at the time of his arrest and transmitted to the State Department. The commission informed him that the order for restoration must be made by the Secretary of War. The package which is sealed and said to contain $700 in gold is still in my possession. Shall I return it and take his receipt therefor?

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

E. D. WEBSTER.

[Indorsement.]

WAR DEPARTMENT, April 18, 1862.

Mr. Webster is directed to return the money as suggested within.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

–––

NEW YORK, April 22, 1862.

Received of Mr. E. D. Webster, secretary of the commission relating to State prisoners, two sealed packages addressed to William H. Seward, Secretary of State, Washington, D. C., and marked to contain, respectively, one the sum of $25 and the other the sum of $700, and which {p.1354} upon examination appears to be the amount and the same taken from me at the time of my arrest at Chicago, Ill., by John C. Miller, esq., an agent of the Government of the United States.

WM. W. HEDRICK.

–––

Case of William T. Smithson.

William T. Smithson, a banker of Washington City, was arrested on the 8th day of January, 1862, by order of the Secretary of State issued on application from the office of the provost-marshal. This person’s treason was detected in the following manner: On the 19th of December, 1861, the Navy Department transmitted to the provost-marshal’s office a quantity of contraband correspondence taken from the schooner Lucretia by the U. S. brig Perry near Alexandria, in which were found two letters addressed in some kind of cipher or character, and signed Charles R. Cables. One of these letters contained the following:

We can learn little or nothing about the intended movements of McClellan’s army across the river. I believe the fellow is a coward, and will never attack you without he is forced to do it. I would like to see you rush down upon him, if you think it safe or best to do so. I think your could drive them back to their forte with ease, and with great advantage to the cause you are fighting for. But you know what is best. I have an important fact for you and it is important that you should look to it promptly. Johnson, of Tennessee, is here and he has a devil in him as large as an ox. He is entering into an arrangement with the President and Cabinet to furnish him with large sums of money to be used in the employment of men to go to Tennessee and Kentucky to burn bridges and mills and machine shops, and such like. These devils here are determined to destroy any vestige of property and to take the life of every citizen in Tennessee rather than not succeed with their fiendish purpose. Two meaner and viler devils never lived than Johnson and Etheridge. They are concocting all sorts of plans to get hold of Tennessee. Watch these devils closely. The Cabinet will give then any amount of money to enable them to carry out their plans. I send you a pamphlet touching up McClellan. Read it; it is rich. It will give you some “incite” also to matters and things as they are viewed by such men as the author, Ellet. Shall I continue to look after and supply our friends in B.? Expense falls heavily upon me in my present embarrassed condition. Everything I have after paying my debts is at the command of those you represent. If you should fail to succeed I don’t wish to live any longer. I have given one friend in B. the money to buy the books you wrote for. My God, how I would rejoice to see you and your army in this city soon. Come ahead. I believe you can get here. Etheridge has gone to Kentucky to employ men to engage in bridge-burning on a large scale Look to this matter all over the South, particularly in Tennessee, Kentucky and Virginia. ... I suppose you receive our papers regularly. Troops continue to come in, and how strange it is, no inducement in the world but the small pay they receive. With the officers it is different. They go in for plunder, &c. What a set of rogues they are. Watch all the time.

CHARLES R CABLES.

The other letter, dated December 14, 1861, says:

I have just received your letter of the 7th instant. Glad to hear from you. Handed the letter inclosing the $20 to our friend in B. I send along with this a number of letters. Please forward them. Troops are still going over the river. Three thousand cavalry went over yesterday. Be sure to look after bridge burners in Tennessee, Kentucky and Virginia. Etheridge, of Tennessee, is gone to Kentucky to arrange for burning bridges, mills, machine shops, &c. Large sums of money will be expended by this Government in such work. What are you all doing touching such work? Something ought to be done in this direction at once. We have no news of interest here to-day. The weather is very fine. We have some mean men here who have large possessions in the South whose names I will give you by and by. I write in such haste to be in time for the messenger. My love to you all I have something nice for your chief which I will send soon, and for General Beauregard.

Truly,

CHARLES R. CABLES.

{p.1355}

By a report of E. J. Allen* made through the provost-marshal’s office it is shown that the letters signed Charles R. Cables were written by Smithson, and also that evidence was found among his papers that he had been in contraband correspondence with the South since the issuance of the President’s proclamation of non-intercourse. In the same lot of correspondence containing the Cables letters was also a letter addressed to R. A. Matthews, esq., Richmond, Va., also identified by the same report as written by Smithson. The report speaks of further evidence discovered in Smithson’s papers of his sympathy with the rebels, and of care manifested to exclude from his premises all papers of a positively treasonable character. Upon the information so acquired and more elaborately set forth in said report and upon the application from the provost-marshal’s office found thereon to arrest and hold him as a spy, Smithson’s arrest was ordered. The said Smithson remained in custody at Fort Lafayette February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department-From Record Book, State Department, “Arrests for Disloyalty.”

* Not found; but see cases of Thompson and McArthur, p. 1307 et seq.; also case of Mrs. Morris, p. 1346 et seq.

–––

DEPARTMENT OF STATE, Washington, January 8, 1862.

Brig. Gen. ANDREW PORTER, Provost-Marshal, Washington.

GENERAL: You will please arrest and convey to Fort Lafayette, New York Harbor, Mr. William T. Smithson. You will also make a thorough search of his person and premises, and send all letters and papers of a treasonable character found in his possession together with your report thereon to this Department.

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

WILLIAM H. SEWARD.

–––

DEPARTMENT OF STATE, Washington, January 9, 1862.

CHARLES WILSON, Esq., Washington.

SIR: Your application for an interview with Mr. Smithson has been submitted to the Secretary of State. In reply I am directed to say that it is deemed inexpedient at present to grant the request, but that any unsealed communication of a proper character which you may desire to address to him will if sent to this Department be duly forwarded to him.

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

F. W. SEWARD, Assistant Secretary.

–––

DEPARTMENT OF STATE, Washington, January 18, 1862.

Brig. Gen. ANDREW PORTER, Provost-Marshal, Washington.

GENERAL: You will please make thorough examination of the premises of William T. Smithson, banker of this city, now a prisoner at Fort Lafayette, New York Harbor, for treasonable papers. For that purpose it is deemed advisable that you should take immediate possession thereof {p.1356} and hold the same until the examination hereby ordered is perfected, and in the meanwhile you will permit nothing to be taken therefrom.

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

F W. SEWARD, Assistant Secretary.

–––

WAR DEPARTMENT, Washington, March 19, 1862.

Mr. CHARLES WILSON, Washington, D. C. (for Mrs. Smithson).

SIR: The Secretary of War directs me to inform you that the petition presented by you in behalf of William T. Smithson will be transmitted to the special commissioners in accordance with your request.

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

–––

WAR DEPARTMENT, Washington, D. C., April 28, 1862.

Maj. Gen. JOHN A. DIX and Judge E. PIERREPONT, Commissioners.

GENTLEMEN: The Secretary of War directs me to request that you will forward to this Department a report in the case of William T. Smithson, banker, and to ask whether he can be temporarily or finally discharged. In case he cannot be discharged could he be transferred to Washington?

Very respectfully, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

–––

WAR DEPARTMENT, Washington., D. C., May 7, 1862.

Maj. Gen. JOHN A. DIX and Judge EDWARDS PIERREPONT, Special Commissioners, &c., New York:

Your report* in case of Smithson received and approved. Administer the oath of allegiance and then release him.

By order of the Secretary of War:

P. H. WATSON, Assistant Secretary of War.

* Not found.

–––

COMMISSION RELATING TO STATE PRISONERS, New York, May 9, 1862.

ROBERT MURRAY, Esq., U. & Marshal.

SIR: You will please bring before the commission at room No. 51, Astor House, to-morrow at 11 o’clock, Mr. William T. Smithson, a prisoner confined at Fort Lafayette. ...

Very respectfully, yours,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

{p.1357}

–––

COMMISSION RELATING TO STATE PRISONERS, New York, May 10, 1862.

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

COLONEL: Mr. William T. Smithson having taken the oath of allegiance to the Government of the United States you may discharge him from confinement.

Very respectfully, yours,

JOHN A. DIX, ED WARDS PIERREPONT, Commissioners.

–––

WAR DEPARTMENT, Washington, D. C., May 10, 1862.

Judge EDWARDS PIERREPONT, 103 Fifth Avenue, New York:

Is Smithson to be released on taking oath of allegiance? If so, when?

P. H. WATSON, Assistant Secretary of War.

–––

NEW YORK, May 12, 1862.

Hon. P. H. WATSON:

Smithson took the oath* and was released on the 10th. I expect to be in Washington Friday, the 16th.

EDWARDS PIERREPONT.

* This oath cannot be found. Allen’s report and a number of other important papers in the Smithson case are missing from the files.-COMPILER.

–––

NEW ORLEANS, LA., September 12, 1866.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: I see by the papers that a suit has been brought against you by Mr. Smithson, banker, of Washington. Yesterday a person of the highest respectability called on me and said that Smithson attempted in the fall of 1861 to send through the lines a plan of the fortifications of Washington and other information, through Lieut. Col. B. B. Boone, a paroled rebel prisoner belonging to a Mississippi regiment, who declined taking it because it would violate his parole, and my informant returned the documents to Mr. Smithson. The papers were inclosed in a small package of tobacco, the center of which was scooped out for the papers and a portion of the end cut off as though used. My informant is personally known to you and will give testimony should it be necessary to satisfy the ends of justice, but shrinks from any publicity being given to her name. She is a Sister of Charity and was connected with the Providence Hospital in Washington. The Sister will go to Washington should her evidence be necessary.

P. H. SHERIDAN, Major-General.

–––

Cases of Messrs. Ogden, Perkins, Brady and Child.

Col. J. M. Ogden was arrested by order of Brigadier-General Grant January 1, 1862, at his residence in Weston, Ky., and was delivered {p.1358} into the custody of U. S. Marshal Phillips, of Illinois, January 16, and on the same day by order of the Secretary of State was conveyed to Fort Lafayette. The charges against Colonel Ogden were disloyalty to the United States Government. January 16, 1862, General Grant telegraphed to the Secretary of State that the persons named (Colonel Ogden and others) are very dangerous men and ought to be permanently secured. U. S. Marshal Phillips states in a letter to the Secretary of State, dated January 16, 1862, “Colonel Ogden is one of the most wealthy and respectable rebels in Western Kentucky, and is a most important man to hold.” The said Col. J. M. Ogden remained in custody at Fort Lafayette February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

James M. Perkins, of Caldwell County, Ky., was arrested by order of Brigadier-General Grant in Southern Illinois about the 1st of January, 1862; was delivered over to the custody of U. S. Marshal Phillips, of Illinois, January 16, 1862, and on the same day by order of the Secretary of State was conveyed to Fort Lafayette. January 16, 1862, General Grant telegraphed to the Secretary of State that “the persons named (Perkins and others) are very dangerous men and ought to be permanently secured.” On the same day U. S. Marshal Phillips wrote to the Secretary of State that “Brady and Perkins are both rebel emissaries and desperate men. General Grant deemed it unsafe and unwise to keep them in charge near his army, and hence turned them over to me for your disposition.” The said James M. Perkins remained in custody at Fort Lafayette February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

Patrick Brady, of Missouri, was arrested by order of Brigadier-General Grant, commanding at Cairo, Ill., and on the 16th of January, 1862; was given into the custody of U. S. Marshal Phillips, of Illinois, who by direction of the Secretary of State conveyed Brady to Fort Lafayette. January 16, 1862, General Grant telegraphed to the Secretary of State that the persons named (Brady and others) are very dangerous men and ought to be permanently secured. On the same day U. S. Marshal Phillips wrote to the Secretary of State that “Brady and Perkins are both rebel emissaries and desperate men. General Grant deemed it unsafe and unwise to keep them in charge near his army, and hence turned them over to me for your disposition.” The said Patrick Brady remained in custody at Fort Lafayette February 15, 1862, when he was transferred to the charge of the War Department.

William H. Child, of Alabama, was arrested by order of Brigadier-General Grant, commanding at Cairo, Ill., and on the 16th of January, 1862; was given into the custody of U. S. Marshal Phillips, of Illinois, who by order of the Secretary of State conveyed Child to Fort Lafayette. January 16, 1862, General Grant telegraphed to the Secretary of State that the persons named (Child and others) were very dangerous men and ought to be permanently secured. On the same day U. S. Marshal Phillips wrote the Secretary of State that Child had been north, perhaps to Canada, in the employ of the Confederate States and was arrested in attempting to pass the lines of our army at Cairo. He is a talented engineer and a most dangerous man.

{p.1359}

The following extract from a letter written by Child, addressed to R. M. Crow, from Fort Lafayette February 10, 1862, establishes his guilty intentions:

Hope to get out of here soon by regular exchange, which seems to be the only available chance for I can’t go the oath. Am gaining in health daily and will soon be up to my full fighting weight, in fact mentally and all I am under excellent training for a good mill when the time comes. My prison companions are genuine Southern gentlemen in the absolute sense of the term. Do not feel in the least degraded by this incarceration. On the contrary esteem it some honor to be counted worthy of some stripes in so good a cause. Hope soon, however, to be placed on a more ennobling stage of action in the contest.

The said William H. Child remained in Font Lafayette February 15, 1862, when he was transferred to the charge of the War Department.-From Record Book, State Department, “Arrests for Disloyalty.”

–––

WAR DEPARTMENT, February 21, 1862.

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

COLONEL: You may release on the 22d 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: J. M. Ogden, J. M. Perkins, Patrick Brady. ...

By order of the Secretary of War:

L. THOMAS Adjutant-General.

–––

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 [including J. M. Ogden, J. M. Perkins and Patrick Brady] at Fort Lafayette, released in obedience to your telegraphic dispatch of the 21st instant. ...

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 reminder no aid or comfort to the enemies in hostility to the Government of the United States.

PATRICK BRADY. JAMES M. PERKINS. J. M. OGDEN. [And 33 OTHERS, OMITTED.]

Witness:

HARRY C. EGBERT, First Lieutenant, Twelfth [U. S.] Infantry.

{p.1360}

–––

COMMISSION RELATING TO STATE PRISONERS, New York, April 8, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: We have the honor to inform you that we have had the case of Mr. William H. Child under consideration and have recommitted him to Fort Lafayette, and respectfully recommend that he be continued in confinement.

We have the honor to be, very respectfully, your obedient servants,

JOHN A. DIX, EDWARDS PIERREPONT, Commissioners.

–––

WASHINGTON, December 12, 1862.

Col. MARTIN BURKE, Commanding, Fort Lafayette:

You will discharge from custody William H. Child ... on [his] taking oath of allegiance or an oath not to aid in any way the rebellion. ...

By order of the Secretary of War:

L. C. TURNER, Judge-Advocate.

–––

FORT LAFAYETTE, New York Harbor, December 13, 1862.

Lieut. Col. MARTIN BURKE, Commanding, &c., Fort Hamilton, New York Harbor.

COLONEL: In obedience to your instructions I have released from custody ... William H. Child.

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

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

–––

BALTIMORE, MD., February 11, 1863.

Col. W. HOFFMAN, Washington.

DEAR SIR: I went to Fort Monroe, Va., as directed, to report to Lieutenant-Colonel Ludlow for exchange, but did not find Colonel Ludlow to report in person. The marshal informed me at about the time the boat was leaving that Colonel Ludlow had gone away, and that I must return to Baltimore, there being no accommodations at Fort Monroe. I have reported my case to Marshal McPhail here, who will undoubtedly be able to inform me in due time when the next truce boat is to leave Fort Monroe, but having unavoidably come short of your specific directions in not reporting in person to Colonel Ludlow, I deem this explanation proper. Any further directions or orders you might see fit to give that would expedite my movements homeward I do assure you, sir, would be most highly appreciated.

Very respectfully,

WM. H. CHILD.

CONFEDERATE POLITICAL ARRESTS.

Miscellaneous Confederate Correspondence Relating to Political Arrests During the First Year of the War.

[For the cases of Hon. Thomas A. R. Nelson, Hon. William G. Brownlow, and other Confederate political arrests, see “Confederate Policy of Repression in East Tennessee,” Volume I, this Series, pp 823-931.]

–––

NORFOLK, VA., June 29, 1861.

Maj. Gen. R. E. LEE, Commanding, &c., Richmond.

SIR: The mayor has committed to jail a man named Bryan who wrote a letter and endeavored to send it off by a woman who had permission to leave for the North by the last flag of truce, which letter was giving information to the enemy and expressing hostility to the Government of the Confederate States. The mayor informs me that he considers the evidence that he did write and send the aforesaid letter as conclusive, and he holds him for trial by a military tribunal. I beg to be instructed as to the tribunal before which I shall bring him, and what laws it is to be governed by. I expect to have another and similar case to-day.

Very respectfully, your obedient servant,

BENJ. HUGER, Brigadier-General.

–––

RICHMOND, July 4, 1861.

General R. E. LEE.

SIR: In respect to such cases as are referred to in the letter of General Huger of the 29th ultimo it is difficult exactly to define a rule to cover every case. The person committing the offense according to his relations to the State will determine the disposition to be made of him. If he be a soldier and is guilty of holding correspondence with or giving intelligence to the enemy he should be tried by court-martial under the fifty-seventh Article of War. If he be not a soldier but a citizen of Virginia or a citizen of one of the Confederate States and is guilty of such offense or of like class he should be handed over to the civil authorities, to be prosecuted under the laws of the State or the ordinances of the convention, or the laws of the Confederate States. However, the military authorities will not be troubled to decide in such cases, being relieved by the surrender of the party to the civil magistrate.

If the party were an alien-that is not a citizen of Virginia or of one of the Confederate States-he may be tried by the civil courts or by court-martial, according to his offense. By court-martial if a spy under article 99, section 2, of the Rules and Articles of War; by the civil courts if guilty of any offense under law of Virginia or ordinance of the convention, or law of the Confederate States. A man though an alien if resident in the State may be guilty of treason, for he owes allegiance to the State which gives him protection, though not a natural allegiance.

{p.1362}

In the case of Bryan, brought to your notice by General Huger, I would apply the general principles before stated thus: If Bryan was a soldier he must be tried for his offense by court-martial under the fifty-seventh article. If an alien and he was in and about the camp or within or about our lines obtaining information for the enemy he must be tried as a spy under article 99, section 2, of Articles of War; or he may be tried by the civil courts. It makes no difference that his letter was intercepted, for a man may be guilty of treason who writes and sends a letter to the enemy though it is intercepted, and so he may in like manner be guilty as a spy in such case. It would be better if Bryan was a spy to try him by court-martial as it is the proper tribunal for such an offense, and the criminal has thus forfeited his claim to the forms of civil courts in his case. If Bryan was not a spy, and was either a citizen of Virginia or of one of the Confederate States, then he should be given up to the civil authorities to be dealt with, and the same course should be pursued if he be an alien, resident in Virginia.

I should be glad to supply anything omitted in this letter necessarily general in its statement of the rules applicable to such cases.

I remain, with very high respect, your obedient servant,

J. R. TUCKER.

–––

RICHMOND, July 10, 1861.

S. B. FRENCH, Esq., Aide-de-Camp to the Governor of Virginia:

The case of Travis Southall, referred to me by you, has been considered. The statement of the prisoner in itself is not unfavorable to him except in the following particulars:

First. He seems to be a resident of Washington City, and to have been so since last December at least. The ordinance of secession passed and was ratified, and yet he remained within the enemy’s lines and at his capital until July 2, 1861, more than five weeks after the flagrant invasion of Virginia. Second. He is connected with the family of an officer of the Federal army in Washington. Third. His brother is in the Federal army as a volunteer, in whose family he lived and with whom he was in business.

These facts may be susceptible of proper explanation. The prisoner’s coming to Virginia at all seems to be an indication of his purpose to abandon the enemy’s country for his native State, and it is to be hoped such may prove to be the case. It is obvious, however, that the officer who examined the case is unfavorably impressed with it and he has been ordered to headquarters. It is a case of a person who probably had lost his citizenship in Virginia and had fixed it in Washington, and returns to Virginia. He says he came back to join the Confederate army, but he has not done so, and there is no evidence of any step being taken toward it. He may have come with an improper purpose. Whether he did so or not must depend upon a full examination of all the facts of the case.

I think it is a case of inquiry and examination by the Executive under the law and the ordinance of the convention, and as he is in custody upon arrest upon suspicion of improper motive and the governor has power to send for persons and papers I think the party should not be discharged until the examination is made. But I think it is not a case where harsh measures should be adopted, and he might be permitted until the return of the governor to go at large or be properly secured for his appearance before the executive.

J. R. TUCKER.

{p.1363}

–––

[RICHMOND,] July 15, 1861.

The PRESIDENT.

SIR: Humbly complaining it becomes my painful duty to inform you that I am under arrest without warrant or specification, and ordered to jail without a hearing by the military commandant of this post; and to beg your Excellency’s interposition so far as to suspend the execution of the mittimus, and to take my parole of honor until I can obtain a writ of habeas corpus and have a hearing. I was born in the South. All my affinities and consanguinities are in the South. Every sympathy and impulse of my nature and my heart are enlisted in her cause. I returned to her bosom at the earliest moment in my power to devote the best energies I possess in sustaining her rights.

They have my baggage and passport.

Very truly, your friend,

HENRY L. MARTIN, Of Mississippi.

[Indorsement.]

Secretary of War will please inquire into the case further, to determine whether it be necessary to confine this man.

J. D.

–––

WAR DEPARTMENT, Richmond, July 27, 1861.

His Excellency HENRY T. CLARK, Governor of North Carolina.

SIR: A letter from Dr. M. L. Rossvally,* of date July 22, has been received at this Department indorsed by a note from yourself requesting that answer should be returned through your office. In obedience therefore to your request I have the honor to inform you that Doctor Rossvally is under arrest as a spy.

Very respectfully,

L. P. WALKER, Secretary of War.

* Not found.

–––

LYNCHBURG, July 31, 1861.

His Excellency JOHN LETCHER, Governor of Virginia.

DEAR SIR: On the 18th of last June I sent to you Dr. George Gross, who had been kept in confinement here about five weeks upon suspicion of being a spy, and I wrote to you setting forth the circumstances of his arrest and the evidence elicited upon his trial. I refer you to my letter, I think written on the 18th of June. This man Gross as the officer who carried him before you informed me was required to take the oath of allegiance before the mayor of Richmond, and yet he was taken as a prisoner at the battle of Manassas and confessed to having piloted the Federal army to that place. Mr. William R. Scott, a highly respectable citizen who resides near this city and who knew him when here, heard him make the confession at Manassas. I advise you of these facts that the scoundrel may be dealt with as his infamous conduct demands.

Very respectfully, your obedient servant,

WM. D. BRANCH, Mayor.

P. S.-Gross claimed to be a resident of Fairfax County, Va.

{p.1364}

–––

EXECUTIVE DEPARTMENT, August 2, 1861.

His Excellency the PRESIDENT OF THE CONFEDERATE STATES.

Mr. PRESIDENT: I have the honor to inclose for your information copies of two letters and one original from the mayor of Lynchburg in reference to a man by the name of Gross, who was arrested as a suspicious person by that officer and after confinement of some weeks was sent on to this Department. Upon examination had before the governor he was discharged upon taking the oath of fidelity to the Commonwealth of Virginia and to the Confederate Government. These oaths were administered by his honor the mayor of Richmond. The mayor of Lynchburg now writes (see original) that Gross was taken prisoner at Manassas. If such be the case I have deemed it proper that you should be furnished with this page of the prisoner’s antecedents.

I am, Mr. President, your obedient servant,

S. BASSETT FRENCH, Aide-de-Camp to Governor of Virginia.

[Inclosure No. 1.]

LYNCHBURG, May 26, 1861.

His Excellency JOHN LETCHER.

DEAR SIR: A man who calls himself George Gross, a millwright by profession, was arrested about ten days ago in the county of Bedford and brought before me as a suspicious character. Upon an investigation of the case it appeared that Gross was raised at the North, but resides at this time in the county of Fairfax, about twenty-four miles from Washington City, having purchased a farm there in December last. He has a patent right for certain machinery for mills and has done work for sundry persons in and near this city. He was here in January last and did some work for William Scott, who resides about ten miles above this city. When arrested he was on his way to Scott’s walking. It appeared in evidence that whilst at Scott’s in January he stated that he was a Republican, and contended that the party did not contemplate waging war against slavery where it existed but was bitterly opposed to its extension. He claims now to be a Republican. Having expressed such sentiments I thought that he ought not to be allowed to travel through the country and committed him to jail. I would take it as a favor to be advised by you as to the best course to be pursued with him.

With high regard, your obedient servant,

WM. D. BRANCH, Mayor.

P. S.-For three years previous to settling in Fairfax Gross resided in the city of Washington.

W. D. B.

[Inclosure No. 2.]

LYNCHBURG, June 18, 1861.

His Excellency JOHN LETCHER, Governor of Virginia.

DEAR SIR: Having to send one of our officers to Richmond on business I have thought it best to put under his charge George Gross (in relation to whom I wrote you some time since) to be carried before you that he may get a permit to go to Fairfax, his present place of residence. In my letter I advised you of the ground upon which he was arrested and detained. Mr. Gross may intend no harm, but I don’t {p.1365} think any man professing to belong to the party to which he claims to belong ought to be permitted to travel through the country.

With assurances of high regard, I am, very respectfully, your obedient servant,

WM. D. BRANCH, Mayor.

[Indorsement.]

When the prisoner was brought before the Governor he stated that in order to show his fidelity to the South, the Confederate States, and Virginia, he was willing to take an oath of fidelity to each. The oath was administered in the governor’s office by the mayor of the city of Richmond.

JOHN LETCHER.

–––

[WILLIAMSBURG, VA.,] August 2, 1861.

Mr. JEFFERSON DAVIS, President of the Confederate States.

DEAR SIR: About four weeks ago my son, Mr. Travis Southall, arrived here from Washington where he had been for some months for the purpose of joining a volunteer company. Want of means together with other difficulties attending such a step alone prevented his getting here earlier. So soon as he reached this his home he was arrested, underwent a strict examination, and though the examining officer, Captain Werth, congratulated him on answering every question satisfactorily yet Mr. Southall was the next morning sent off to Richmond without previous notice. From Richmond he has been removed to Raleigh, N. C., and up to the present moment no action has been taken in the matter. What the charges are against him or who makes them we know not. All I ask, Mr. President, is that he may be heard, his case examined into. If he prove guilty, though his mother I can say let him be punished; if innocent let him be discharged at once and join his company. Colonel Ewell gave me permission to-day to say to you that had Mr. Travis Southall applied to him to join his regiment (and which Mr. Southall certainly would have done had time been allowed him) he would have received him without the slightest hesitation.

With this letter, Mr. President, I send some depositions. Please examine them, and if you will remember how guardedly all letters had to be worded to get them through Washington at all you must see that they are of some weight. I could send many more equally strong but feel sure that those will suffice to prove the loyalty of my son. May God bless you, Mr. President, and always lead you to do what is right.

Most respectfully,

MRS. V. F. T. SOUTHALL.

[Inclosure No. 1.]

The following are expressions made use of in the letters received from my son, Mr. Travis Southall, at various times since the 4th of March, 1861, the letters themselves having been burned at the time of the alarm and preparation to leave the place:

Look out, mother, we are coming and may be with you without a moment’s warning. The ladies only will remain with you; we will of course join the volunteer company immediately.

Mother, fear nothing on my account. I can swim too well for them to shut me up in Washington.

{p.1366}

I have been offered a situation here but could not think of accepting. Virginia’s fate shall be mine; she needs every one of her sons to stand by her.

They came to our house last Saturday and in my absence took down my name on the militia roll. I’ll die before I’ll serve.

In a letter from Miss Jennie Johnston to me in April I think she says:

T.’s name is on the militia roll but he says he will see them at the devil before he serves. He is on the lookout to leave the first moment that he can. Any one sympathizing with the South is marked, and on the slightest pretense made prisoner. Spies are everywhere.

Again in a letter written to me during the month of April-about the 20th-Travis Southall says:

Last Saturday I started to Norfolk on my way home on the Government steamer Anacostia (that is the name I believe), a free passage having been given me by Captain Fillebrown, whom you know, mother. When some distance down the Potomac we were met by the Pawnee, the powder and marines were taken off, and we sent back to Washington, where I am now much to my disappointment.

V. F. T. SOUTHALL, [Mother of Travis Southall.] ELIZABETH B. BRIGHT. CATHERINE M. MAUPIN. JULIA S. ARMISTEAD.

CITY OF WILLIAMSBURG, TO WIT: This day V. F. T. Southall, E. B. Bright, C. M. Maupin and J. S. Armistead, whose names are subscribed to the deposition annexed, personally appeared before me, Robert M. Garrett, mayor of the city, and made oath that the facts and circumstances stated in this deposition are true.

Given under my hand this 2d August, 1861.

RO. M. GARRETT, Mayor.

[Inclosure No. 2.]

I, Samuel F. Bright, of the city of Williamsburg in the State of Virginia., certify as follows: Some time in May I think it was I was informed by my wife, who is the sister of Mrs. V. F. T. Southall, who is the mother of Travis Southall, that he, Southall, was in Washington City, D. C., very anxious to come on to Virginia to join the Virginia army, but that he did not have the means nor could he get the means to bring him on. I requested her to see Mrs. James Semple and ask of her to write to Purser Semple, her husband who was expected to pass through Washington about that time and to request him to bring Mr. Southall on with him and that I would pay him the amount he might advance for that purpose immediately on his arrival, but unfortunately Purser Semple arrived in this place the next morning and the mails were not considered safe after that time, and from the conversation in the family I was led to believe that the deficiency of means was the sole cause of his not coming sooner.

SAML. F. BRIGHT.

Sworn before me this day, August 2, 1861.

RO. M. GARRETT, Mayor.

–––

WAR DEPARTMENT, Richmond, August 2, 1861.

Mr. PRESIDENT: The inclosed letters* are from Travis Southall, arrested and sent prisoner to Raleigh, N. C., as a spy. They were addressed by him from Washington to a young lady in New Kent County, Va., Miss Octavia Christian, daughter of John D. Christian, {p.1367} esq., clerk of the superior and inferior courts of that county. They tell their own tale and show conclusively that the young man’s heart beats in the right place. I have known all the parties since infancy and although differing politically from them can answer for the fact that they are no traitors. There exists in Williamsburg bitter feeling against the father of young Southall on the part of some citizens based on private griefs, and I have but little doubt that the father is struck at by these parties through the son. Having acted during the last canvass through this district as sub-elector of Breckinridge I know the complexion of them all.

With high consideration, your obedient servant,

JOHN TYLER, JR.

* Omitted.

–––

WAR DEPARTMENT, Richmond, August 3, 1861.

His Excellency JEFFERSON DAVIS, President Confederate States.

Mr. PRESIDENT: I forgot to say in my note of yesterday that the letters of Travis Southall to Miss Christian were brought to the Secretary of War by Mr. Waring, of New Kent County, without the knowledge of the parents or relatives of young Southall, but on making the facts known to the father of Travis Southall last evening he immediately produced a letter from his son while in Washington to his sister in Williamsburg, signed like the others “McIvor,” and fully confirmatory of the sentiments expressed to Miss Christian. The letter of Dr. John Galt, superintending physician to the lunatic asylum in Williamsburg, and one of the purest men of one of the purest families on earth, in itself is a voucher in behalf of young Southall of great weight. With entire respect,

Your friend and servant,

JOHN TYLER, JR.

–––

FARMVILLE, VA., August 5, 1861.

SECRETARY OF WAR, Richmond, Va.

SIR: Yesterday I caused Samuel Thompson and James S. Wetherel to be arrested as alien enemies and spies. At the time of their arrest they were in the cars and professing to be on their way one to the city of Petersburg, Va., and the other to Richmond. The witnesses against them are L. C. Garland, Captain Randolph, John S. Lydnor, General Hugh McLand and J. A. Potter, who are now in Richmond, Va. Wetherel has obtained a writ of habeas corpus. Please have the necessary steps taken for the proper investigation of the case and cause the witnesses to be sent here to-morrow.

Very respectfully,

JAMES T. GRAY, A Justice of the Peace for the County of Prince Edward.

This will be delivered by John V. Miller, a constable for the county of Prince Edward, Va.

–––

EXECUTIVE DEPARTMENT, Raleigh, N. C., August 6, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: Allow me to call your attention to the situation of the prisoners of war sent here by Lieutenant Todd. They were all sent here in one {p.1368} company designated “prisoners of war,” and no distinction made among them. Since then Dr. Rossvally has been reported here to be a spy, and I immediately ordered him to the public jail. Another whose name I think is Widgen says his confinement is for treasonable language, and demands a habeas corpus to show cause of detention. If these men are citizens they have a constitutional right to a trial, but I give them no answer till I hear from you. There are also some foreigners who are to enlist in our volunteer ranks, and the officers and men all are desirous of going home on their oath not to serve against the Confederacy. We have also here a Navy officer, a sailing master, who was captured by one of our vessels before we joined the Confederacy, who has been recognized and esteemed here as a gentleman, particularly by Captain Crossan, who captured him. He lives in Ohio, and is pressing me for a discharge on his oath to serve no more in any capacity against the Confederate States. Do you choose to give me any direction about these men, or shall I send them to Richmond, where the proof if any against them must exist?

Very respectfully,

HENRY T. CLARK, Governor, &c.

–––

An act respecting alien enemies, approved August 8, 1861.

The Congress of the Confederate States of America do enact, That whenever there shall be a declared war between the Confederate States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted or threatened against the territory of the Confederate States by any foreign nation or government and the President of the Confederate States shall make public proclamation of the event, or the same shall be proclaimed by act of Congress, all natives, citizens, denizens or subjects of the hostile nation or government, being males of fourteen years of age and upward, who shall be within the Confederate States and not citizens thereof shall be liable to be apprehended, restrained or secured and removed as alien enemies:

Provided, That during the existing war citizens of the United States residing within the Confederate States with intent to become citizens thereof and who shall make a declaration of such intention in due form, and acknowledging the authority of the Government of the same, shall not become liable as aforesaid, nor shall this act extend to citizens of the States of Delaware, Maryland, Kentucky, Missouri and of the District of Columbia and the Territories of Arizona and New Mexico and the Indian Territory south of Kansas who shall not be chargeable with actual hostility or other crime against the public safety and who shall acknowledge the authority of the Government of the Confederate States.

SEC. 2. The President of the Confederate States shall be and he is hereby authorized by his proclamation or other public act, in case of existing or declared war as aforesaid, to provide for the removal of those who not being permitted to reside within the Confederate States shall refuse or neglect to depart therefrom; and to establish such regulations in the premises as the public safety may require.

SEC. 3. Immediately after the passage of this act the President of the Confederate States shall by proclamation require all citizens of the United States, being males of fourteen years and upward, within the Confederate States and adhering to the Government of the United States and acknowledging the authority of the same, and not being {p.1369} citizens of the Confederate States minor within the proviso of the first section of this act, to depart from the Confederate States within forty days from the date of said proclamation; and such persons remaining within the Confederate States after that time shall become liable to be treated as alien enemies; and in all cases of declared war as aforesaid aliens resident within the Confederate States who shall become liable as enemies as aforesaid, and who shall not be chargeable with actual hostility or other crime against the public safety, shall be allowed the time for the disposition of their effects and departure which may be stipulated by any treaty with such hostile nation or government; and when no such treaty may exist the President shall prescribe such time as may be consistent with the public safety and accord with the dictates of humanity and national hospitality.

SEC. 4. After any declared war or proclamation as aforesaid it shall be the duty of the several courts of the Confederate States and of each State having criminal jurisdiction, and of the several judges, justices of the courts of the Confederate States, and they are hereby authorized upon complaint against any alien or alien enemies as aforesaid or persons coming within the purview of this act, who shall be resident or remaining in the Confederate States and at large within the jurisdiction or district of such judge or court as aforesaid contrary to the intent of this act and of the proclamation of the President of the Confederate States or the regulations prescribed by him in pursuance of this act, to cause such alien or aliens, person or persons as aforesaid to be duly apprehended and convened before such court, judge or justice for examination; and after a full examination and hearing in such complaint, and sufficient cause therefor appearing, shall or may order such alien or aliens, person or persons to be removed out of the territory of the Confederate States or to be otherwise dealt with or restrained, conformably to the intent of this act and the proclamation or regulations which may be prescribed as aforesaid, and may imprison or otherwise secure such alien person until the order which shall be made shall be performed.

SEC. 5. It shall be the duty of the marshal of the district in which any alien enemy or person offending against the provisions of this act shall be apprehended, who by the President of the Confederate States or by order of any court, judge or justice as aforesaid shall be required to depart [or] to be removed as aforesaid, to execute such order by himself or deputy or other discreet person, and for such execution the marshal shall have the warrant of the President or the court or judge, as the case may be.

–––

Proclamation.

Whereas the Congress of the Confederate States of America did by an act approved on the 8th day of August, 1861, entitled “An act respecting alien enemies,” make provision that proclamation should be issued by the President in relation to alien enemies, and in conformity with the provision of said act-

Now therefore I, Jefferson Davis, President of the Confederate States of America, do issue this my proclamation; and I do hereby warn and require every male citizen of the United States of the age of fourteen years and upward now within the Confederate States and adhering to the Government of the United States and acknowledging the authority of the same, and not being a citizen of the Confederate States, to depart {p.1370} from the Confederate States within forty days from the date of this proclamation. And I do warn all persons above described who shall remain within the Confederate States after the expiration of said period of forty days that they will be treated as alien enemies.

Provided, however, That this proclamation shall not be considered as applicable during the existing war to citizens of the United States residing within the Confederate States with intent to become citizens thereof, and who shall make a declaration of such intention in due form, acknowledging the authority of this Government; nor shall this proclamation be considered as extending to the States of Delaware, Maryland, Kentucky, Missouri, the District of Columbia, the Territories of Arizona and New Mexico and the Indian Territory south of Kansas, who shall not be chargeable with actual hostility or other crime against the public safety, and who shall acknowledge the authority of the Government of the Confederate States.

And I do further proclaim and make known that I have established the rules and regulations hereto annexed in accordance with the provisions of said law.

Given under my hand and the seal of the Confederate States of America at the city of Richmond on this 14th day of August, A. D. 1861.

JEFFERSON DAVIS.

By the President:

R. M. T. HUNTER, Secretary of State.

[Inclosure.]

Regulations respecting alien enemies.

The following regulations are hereby established respecting alien enemies, under the provisions of an act approved 8th of August, 1861, entitled “An act respecting alien enemies:”

1. Immediately after the expiration of the term of forty days from the date of the foregoing proclamation it shall be the duty of the several district attorneys, marshals and other officers of the Confederate States to make complaint against aliens or alien enemies coming within the purview of the act aforesaid, to the end that the several courts of the Confederate States and of each State having jurisdiction may order the removal of such aliens or alien enemies beyond the territory of the Confederate States or their restraint and confinement, according to the terms of said law.

2. The marshals of the Confederate States are hereby directed to apprehend all aliens against whom complaints may be made under said law and to hold them in strict custody until the final order of the court, taking special care that such aliens obtain no information that could possibly be made useful to the enemy.

3. Whenever the removal of any alien beyond the limits of the Confederate States is ordered by any competent authority under the provisions of said law the marshal shall proceed to execute the order in person or by deputy or other discreet person in such manner as to prevent the alien so removed from obtaining any information that could be used to the prejudice of the Confederate States.

4. Any alien who shall return to these States during the war after having been removed therefrom under the provisions of said law shall be regarded and treated as an alien enemy, and if made prisoner shall be at once delivered over to the nearest military authority to be dealt with as a spy or as a prisoner of war, as the case may require.

{p.1371}

–––

WAR DEPARTMENT, Richmond, August 9, 1861.

G. B. BOARD, Esq., Sheriff of Roanoke County, Va., or JAMES C. HUFF, Esq., Jailor, Salem, Va.:

A letter has been received at this Department from the sheriff of the county of Roanoke, Va., and a similar letter from the clerk of the same county, asking instructions with regard to the prisoners which have been lodged in the jail of Roanoke County by order of Brigadier-General Wise.

The prisoners of war must be sent to Richmond, and you are authorized to engage at the expense of this Government such a guard as may be necessary to bring them with safety. This order is limited, however, to those taken as Prisoners of war, and does not include those arrested as spies over whom this Department has no control.

Respectfully,

L. P. WALKER, Secretary of War.

–––

WAR DEPARTMENT, Richmond, August 10, 1861.

His Excellency HENRY T. CLARK, Raleigh, N. C.

SIR: ... Travis Southall, of Williamsburg, Va., having been arrested as a spy was sent to Raleigh for confinement. There appearing no evidence to justify his detention you will please order his immediate release. Your excellency’s letter of August 6 relative to the prisoners now in confinement at Raleigh has been also received. This Department cannot authorize the release of any of the prisoners mentioned upon their oath not to serve against the Confederate States; nor could the foreigners among them whom you mention be admitted to join our volunteer ranks. Rossvally and Widgen having been arrested not as prisoners of war are certainly entitled to the writ of habeas corpus, but this Department takes the liberty of reminding your excellency that it has been the uniform practice of the courts in similar cases not to grant discharges except by the authority of the Government, or after full legal process. With regard to the sailing master who was captured by the authorities of North Carolina before that State became a member of the Confederacy this Department does not assume to exercise control. The Department begs leave, however, to suggest to your excellency a doubt as to the policy of discharging the prisoner unless the evidence in his favor is entirely convincing. It is desirable so far as possible that the Confederate and the State authorities should in similar cases be guided by like principles of action in this regard.

Very respectfully,

L. P. WALKER, Secretary of War.

–––

EXECUTIVE DEPARTMENT, Raleigh, N. C., August 15, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: When the prisoners were brought to Raleigh by Lieutenant Todd they were all called and receipted for as prisoners of war. Since then two of them (Widgen and Rossvally) have asserted that they were citizens of the Confederate States and demanded a habeas corpus.

Upon notification of this fact you informed me that they were not prisoners of war but arrested as spies and were entitled to the writ, but suggested that the judge ought not to interfere without the fullest {p.1372} legal investigation. These men still insist on their demand for a trial, and as all the evidence is I suppose in your hands or under your control, and might require the attendance of witnesses from Richmond, and I had no evidence against them here, I therefore concluded it would best subserve the ends of justice and perhaps the convenience of your witnesses to send them back to Richmond. I have accordingly directed the marshal of the district to proceed with them to Richmond and deliver them to the proper authorities.

Most respectfully, yours,

HENRY T. CLARK, Governor of North Carolina.

–––

WAR DEPARTMENT, Richmond, August 18, 1861.

MIERS W. FISHER.

SIR: Your letter of the 10th instant asking for the exchange of J. R. Burch and Jos. W. Paulin, citizens of Virginia now confined as prisoners of war at Fortress Monroe, has been received. In reply I have the honor to inform you that an exchange of cartels upon the terms usually recognized and practiced in civilized warfare has been already invited by our Government. No reply, however, has yet been received, and until that proposition shall have been accepted it would be manifestly inconsistent with the dignity of this Government to make any further effort in that direction and therefore impossible to effect the exchange proposed. It is needless to assure you, sir, that this Department regrets in common with the whole Confederate Government that the Government of the United States has seen fit to adopt a course so much at variance with the customs of civilized warfare as well as with every dictate of humanity; but such being the case self-respect requires that we should accept the terms which have been [put] upon us by our adversaries and adhere unflinchingly to the policy which is thus rendered necessary.

Very respectfully,

L. P. WALKER, Secretary of War.

–––

OFFICE OF THE SECRETARY OF THE CONGRESS, August 23, 1861.

His Excellency JEFFERSON DAVIS.

SIR: I have the honor to inform Your Excellency officially that on the 22d day of August instant the Congress adopted the resolution of which the subjoined is a correct copy:

Resolved, That the President be requested, if in his opinion not incompatible with the public interests, to communicate to Congress the letter from General Bonham dated the 26th reporting the hanging of two sentinels of the South Carolina troops who were captured on the 17th July by the enemy near Centreville, and also any information he may possess relative to the facts stated therein.

I am, sir, your obedient servant,

J. J. HOOPER, Secretary of the Congress.

–––

NEW ORLEANS, August 23, 1861.

Hon. J. P. BENJAMIN, Richmond.

DEAR SIR: I see among the prisoners taken at Manassas and in Richmond the name of the Rev. Hiram Eddy, chaplain to the Second {p.1373} Connecticut Regiment. This Mr. Eddy, I have from undoubted authority (from a gentleman residing here that was in Connecticut when that regiment was preparing to leave for Washington), proclaimed a sermon to them and told them to show no quarter, take sure aim and be sure to shoot to kill. I write this to you that the reverend gentleman may be properly understood and dealt by, and hope you will make these facts known.

With respect, yours, truly,

J. B. CONNER.

–––

SALEM, ROANOKE COUNTY, VA., August 24, 1861.

His Excellency JOHN LETCHER, Governor of Virginia.

SIR: Sometime since thirty-nine prisoners from Northwestern Virginia, arrested I learn as suspicious persons, were sent here by General H. A. Wise. These persons have been committed to the jail of this county without any warrant or legal proceedings other than as I understand by the order of General Wise; at least no papers of such committal are in my possession. No evidence has as yet been obtained to justify any of our magistrates to make a committal. Nine of these prisoners were said to be prisoners of war and were by the order of your excellency taken to Richmond a short time since. One of those remaining has since that time been released by the order of General Wise. Several others it is thought are innocent, but the majority no doubt from all I can learn are traitors to their country.

Our circuit court commences on Wednesday next, and if these prisoners should be brought before the judge on a writ of habeas corpus they would under the present state of things be released. In view of an attempt of this kind possibly being made and in order to prevent their release I have thought proper to give your excellency the above information in order to have a warrant or order made out if deemed necessary, or some information on the subject which will enable me to act in the premises. Please let me hear from your excellency before the sitting of our court.

Very respectfully,

F. J. RIBBLE, Acting Commonwealth’s Attorney.

–––

RICHMOND, August 26, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: There are many cases among the prisoners arrested as suspicious persons and for other causes which I feel satisfied would be released if their cases were examined. Knowing that your time is so much occupied that you cannot give them attention I take the liberty to ask you to consider the propriety of establishing a commission or of directing the C. S. commissioner to examine these cases and to prepare and digest them so that you can at once decide them without the labor of wading through the investigation. By this course justice would be done and a great saving of expense to the Confederate States. The case of the Howard family is peculiarly hard.

Very respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General, &c.

{p.1374}

–––

RICHMOND, August 28, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: I have had the honor to receive your letter of the 23d instant inclosing a statement made by A. Judson Crane, esq., in the cases of the following prisoners, viz: Samuel Lumpkin, Joseph Rawlings, Simon Schermerhorn, B. Kimball and Belleville or Bellfield, with instructions to make inquiry and report in each case. I have the honor to state that I have searched the Adjutant-General’s Office and the War Office and can find no documentary evidence in any of these cases. Yesterday, however, I saw General Magruder, from whose jurisdiction these prisoners were sent, and from him I learn that except Lumpkin these are all dangerous persons and ought not to be at large; that there can be no doubt but they would as two others have already done immediately go to the enemy with whatever information they might have to communicate. General Magruder will as soon as he returns to Yorktown send a full statement in each case. I will therefore withhold the report until General Magruder’s communication is received.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

–––

WAR DEPARTMENT, Richmond, August 30, 1861.

Hon. J. RANDOLPH TUCKER and JAMES LYONS.

GENTLEMEN: Brig. Gen. John H. Winder, of the Confederate service, in charge of the prisons and prisoners of this Government, in a communication addressed to this Department on the 26th of August, says:

There are many cases among the prisoners arrested as suspicions persons and for other causes which I feel satisfied would be released if their cases were examined. Knowing that your time is so much occupied that you cannot give them attention I take the liberty to ask you to consider the propriety of establishing a commission or of directing the C. S. commissioner to examine these cases and to prepare and digest them so that you can at once decide them without the labor of wading through the investigation. By this course justice would be done and a great saving of expense to the Confederate States. The case of the Howard family is peculiarly hard.

It is desired by this Department to know whether you would undertake the commission indicated by General Winder. An early response is requested.

I have the honor to be, very respectfully,

L. P. WALKER, Secretary of War.

–––

RICHMOND, August 30, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: I respectfully beg leave to lay before you the case of the Howard family, arrested and sent from Manassas with the following remarks, viz:

William Howard, an Irishman. He has lived sixteen years in Maryland and five years in Virginia. He was sent here by Colonel Stuart without any evidence against him. I have examined the case, and I am under the impression that his arrest is the result of a persecution on account of his having killed a man named Monroe some time ago in self-defense.

CORNELIUS BOYLE, Provost-Marshal.

{p.1375}

The family seem to have been arrested because they were the family of Howard. The inclosed letter came with the prisoner. Respectfully submitted. If discharged shall I give them transportation home?

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

[Inclosure.]

CAMP PICKENS, August 21, 1861.

Brigadier-General WINDER, Inspector-General, C. S. Army, Richmond, Va.

GENERAL: From the statements made to me by reliable citizens of Fairfax County I am induced to believe that the case of William Howard and family, by order of General Johnston forwarded to you, is one of persecution resulting from the fact that the prisoner killed a man named Monroe in self-defense some time ago. Mr. Padgett, a reliable gentleman, the magistrate before whom the homicide case was tried, especially confirms this opinion, and says that he considers the prisoner to be a true man. Howard’s family were arrested while on a visit to him at Fairfax Court-House for the purpose of bringing him clean clothes; at least such is the state of the case as represented to me by persons acquainted with the circumstances, no charges or specifications in the case having been made to me officially.

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

CORNELIUS BOYLE, Major Virginia Forces and Provost-Marshal at Camp Pickens.

–––

C. S. MARSHAL’S OFFICE, Charleston, S. C., August 30, 1861.

Hon. L. P. WALKER, Secretary of War, Richmond, Va.

SIR: I send to-day by Mr. J. J. Beasely, my special deputy, twenty-seven prisoners who have been taken from different vessels, prizes-of war, not engaged in the service of the United States. Inclosed will be found a list of vessels and prisoners* and other relative papers.

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

J. B. IRVING, JR., Deputy C. S. Marshal of South Carolina.

* Not found.

–––

RICHMOND, August 31, 1861.

His Excellency JEFFERSON DAVIS, President of the Confederate States.

SIR: Believing that if you were aware of my imprisonment here as a prisoner of war without a shadow of cause and without any charge having been preferred against me you would order my release, I beg leave very respectfully to place before you the following brief statement of the circumstances under which I was arrested: A hackman by profession and resident in the city of Washington, I was hired by a party to convey them in my coach to Fairfax. On arriving there the party who had employed me refused to pay me unless I carried them on to Centreville. Having no other means of obtaining my money I was forced {p.1376} to comply. At Centreville I had to remain all night and on Monday, July 22, while endeavoring to return, my horses took fright, ran away, throwing me from the box and injuring me very much. In this condition, having lost my coach and horses and badly injured by my fall, I was arrested by the Confederate troops while trying to find my way to Fairfax on foot. The above is a brief statement and a correct one of the manner in which I was captured, and fully believing that your sense of justice toward an innocent non-combatant and your humanity toward a widowed mother whose sole support I am will have the effect of procuring my release at your hands I now place it before you with the assurance that I am perfectly willing to take the oath of allegiance to the Southern Confederacy, where of right my sympathies and affections lie. I am informed that one Joseph Birch, also a hackman, who was arrested at Manassas under the same circumstances as I was, was released on the day following his arrest, as he had an opportunity which I had not of explaining his case to the officers in authority there. As mine is a precisely similar case the same rule, I may respectfully submit to Your Excellency, will apply to both. Hoping that Your Excellency will excuse the liberty I take in addressing you personally, and that my statement and the accompanying prayer will have your favorable consideration at an early day,

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

WM. SMITH, Prisoner of War, Richmond, Va.

–––

HEADQUARTERS OF THE FORCES, Norfolk, September 4, 1861.

Hon. SECRETARY OF WAR.

SIR: I am applied to by many persons who state that by the law of Congress respecting aliens and the proclamation of the President thereon they are compelled to leave the country by a specified time. As this is the only route by which any number could go North these applications are increasing daily. I cannot be the judge of their claims to leave under the above act and proclamation and request instructions on the subject. I shall allow none to go without orders from you.

I remain, very respectfully, your obedient servant,

BENJ. HUGER, Brigadier-General, Commanding.

[Indorsement.]

All are to be allowed to go, but he may in his discretion refuse to permit them to pass by any other route than via Tennessee if he thinks it dangerous to the country.

–––

RICHMOND, September 4, 1861.

Hon. L. P. WALKER, Secretary of War.

DEAR SIR: According to your suggestion this morning I beg leave to present in writing one or two considerations connected with the military arrests made and being made in the region of the lower Valley of Virginia, along the Potomac border.

A number of such cases were submitted to my examination by General Johnston while in command at Winchester, and the principle I {p.1377} acted upon was to arrest no one and to prosecute no one further who had been arrested when turned over to me for holding merely in the abstract disloyal opinions, nor even where they expressed them conscientiously and in a general way, but to seize only such as were actively engaged against us, in some mode giving aid and comfort to the enemy.

The effect of this policy has been as I am fully satisfied to improve greatly the popular sentiment, and to strengthen our cause in that part of Virginia where I regret to say it was much needed. Recently as I have reason to believe several arrests have been made by the military upon mere general suspicion of the party holding (and perhaps expressing in a general way merely) unsound opinions as to the great issue between us and the North, and I am satisfied evil consequences will result from it. Gentlemen of high character and social position I understand are under arrest now at Winchester without any opportunity or means whatever afforded them of having their cases examined and determined. Others also of like character I have reason to believe will soon be taken into custody.

Without troubling you therefore further in detail with the reasons which induce me to believe these arrests will be productive of much mischief I beg leave to suggest that something in the way of a commission, made in part at least of civilians of intelligence and undoubted loyalty, be constituted to examine into these cases promptly and make proper disposition of them by either remitting them to the civil authorities where prosecutions can be maintained or turning them over to the proper higher military authorities, or in proper cases discharging them from custody. The law of Virginia is very defective on this subject, and in these border counties with the enemy around them it is quite out of the question to pursue the ordinary slow course of prosecuting such cases.

A reply if addressed to Charlestown, Jefferson County, Va., will reach me, though it may not be important that I should have one if proper instructions be given to the military authorities.

Your obedient servant,

ANDREW HUNTER.

–––

ADJUTANT AND INSPECTOR GENERAL’S OFFICE, Richmond, September 7, 1861.

General R. E. LEE, Commanding Forces, &c., Staunton, Va.

GENERAL: A letter relative to the supposed execution by the enemy of two citizens of which a copy* is herewith transmitted to you has been received by the President, who instructs me to direct that you will send a flag to the general commanding the forces of the enemy in front of you, report to him the case and require that he deliver to you as criminals the persons who perpetrated the offense or avow his responsibility for the act; and in the latter case that you will retaliate, retaining in your possession for that purpose of the enemy twice the number of those of our citizens that were thus ignominiously executed.

Very respectfully, your obedient servant,

S. COOPER, Adjutant and Inspector General.

* Not found.

{p.1378}

–––

HEADQUARTERS DEPARTMENT OF WILLIAMSBURG, September 9, 1861.

General COOPER, Adjutant and Inspector General, C. S. Army.

SIR: A man by the name of Clark, from Port Richmond, Staten Island, accompanied by his wife and son attempted to leave the mouth of York River in a sail vessel which was stopped by our guard-boat at that point. He has been living on York River since October last, and represents that he obtained the pass which he produced from the Secretary of War. This pass is signed by V. E. Shepherd, a gentleman I presume fully authorized by the Secretary; but as this man is a seafaring man, knows precisely our present situation both as to the number of our forces, their state of health, the strength of our works, &c., I have not permitted him to pass.

I think it highly important not to permit any one to pass our lines and out of the months of our rivers in whom we have not the most entire confidence. At this moment it would be particularly dangerous. I do not presume the proclamation of the President was intended to authorize the passage of any Northern people by such avenues to the North as could afford the enemy perfect information as to our strength or weakness at our most important points. Even in times of peace this might not be permitted. I respectfully request that no persons from the North be permitted to pass to the North in this direction.

I have ordered Clark to be detained at Gloucester Point by Colonel Crump for attempting to go out without reporting either there or at Yorktown, and that his wife and son should remain on board the vessel which it is not understood is included in the proclamation. I beg to request further instructions in this case. They can be sent with the vessel to the point on the river whence they came, and authority granted by the Secretary of War for them to go to New York by some other route, say Kentucky; or if the Secretary wishes it they will pass of course.

There are others, some ten or twelve, who desire to go to the North under the proclamation, but for these Mr. Eustis, of Williamsburg, and Mr. Sewall, of Gloucester County, say they will be responsible. I presume therefore these latter can be trusted to give no information, but I had rather have this exit stopped altogether. Clark I think has forfeited his right for attempting to pass without reporting. I understand also that he is intelligent, daring and unscrupulous.

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

J. BANKHEAD MAGRUDER, Brigadier-General, Commanding.

–––

SEPTEMBER 10, 1861.

His Excellency JEFFERSON DAVIS, President of the Confederate States of America:

The undersigned, citizens of Hardy County, Va., desire to call your attention to the exposed and suffering condition of our county. We have been invaded for the past few months by Northern thieves; our houses have been forcibly entered and robbed; our horses, cattle and sheep in large numbers driven off; our citizens arrested, carried off and confined only because they are loyal citizens of Virginia and the Southern Confederacy; our cattle, sheep and horses to the amount of $30,000 have been forcibly taken from us and appropriated to the support of the Army of the United States.

{p.1379}

Our county unfortunately is divided, the western portion being disloyal. The Union men as they call themselves have called upon Lincoln for protection. He in answer to their call has sent amongst us a set of base characters who not only protect the Union men but under their guidance are committing acts unheard of in any country claiming civilization. We have been wholly unprotected and unable to protect ourselves. Our enemies have met with no resistance. We do not complain, as it is perhaps impossible to give protection to all who are suffering like depredations; but we would suggest whether the interest of the Confederacy apart from the large private interest involved does not require the protection of our beef, our pork and our corn for the use of the Southern Army. General Lee is now drawing his supply of corn from us. There is perhaps no valley in America of the same extent that produces more fat cattle and hogs than the valley of the South Branch. Were we protected in the possession of our property we should be able to supply the army with several thousand cattle and hogs and at the season of the year when the supply from other sources fails; but if no protection should be given us and the present state of things suffered to go on we may well despair not only of feeding the army but of feeding ourselves. Our enemies not content with driving our cattle and sheep by hundreds and our horses in numbers are to-day we are most reliably informed engaged in thrashing out the crops of wheat of some of the farmers of Hampshire.

We have been hoping for relief from General Lee’s army in Western Virginia that the necessities of General Rosecrans would compel him to withdraw his forces from us. In this we have been disappointed. We find still a force on our border acting with the Union men sufficient to rob us. The Baltimore and Ohio Railroad at New Creek Station is but about thirty miles from our county seat, and so long as that point is suffered to remain in the possession of the enemy we must be insecure. We placed ourselves under the protection of the Confederate States with a full knowledge of our exposed situation, being a border county, yet relying upon the ability and willingness of our more Southern brethren, who are less exposed, to defend us.

We now would most earnestly call upon you, the chosen head of the Confederacy, for relief and continued protection if not inconsistent with more important interests.

JACOB VAN METER. [AND NINE OTHERS.]

–––

HEADQUARTERS VALLEY RIVER, September 14, 1861.

General S. COOPER, Adjutant and Inspector General, Richmond, Va.

GENERAL: In compliance with your letter of the 7th instant containing instructions from the President I addressed to the general commanding the forces of the enemy in my front the letter of the 13th instant of which I send you a copy, and received from him to-day the accompanying reply.

I have the honor to be, your obedient servant,

R. E. LEE, General, Commanding.

{p.1380}

[Inclosure No. 1.]

HEADQUARTERS CAMP ON VALLEY RIVER, September 13, 1861.

The GENERAL COMMANDING U. S. TROOPS, Huttonsville, Va.

GENERAL: It has been reported to the President of the Confederate States that Andrew J. Moore and Ellis Houchers, citizens of Pocahontas County, Va., were arrested about the 1st ultimo by a party of armed men and carried to your camp at the top of Cheat Mountain; that subsequently they were carried to your camp at Beverly; were there tried by a court-martial, condemned and executed. It is stated that the crime alleged against these men was the suspicion that they belonged to a party of eight who had two days before encountered a detachment of your troops on the banks of the Greenbrier River, when some of the latter were shot but in which encounter they had no participation. The reported execution of these men has been presented to the President in such a credible shape that I have been instructed by him to send to you under a flag a report of the case, and to require that you deliver to me as criminals the perpetrators of the act or avow your responsibility for the same.

R. E. LEE, General, Commanding.

[Inclosure No. 2.]

HEADQUARTERS, September 14, 1861.

General R. E. LEE, Commanding Confederate Forces in Tygart’s Valley.

GENERAL: In answer to your inquiry relating to Messrs. Andrew J. Moore and Ellis Houchers (we have it Houchin) I have to say that the report of their trial and execution at Beverly is wholly unfounded. They were sent to Wheeling, Va., August 5.

I avail myself of this opportunity to state that the language of the latter part of your communication is exceptionable. “The perpetrators of the act” who carry out the sentence of a court-martial could not be regarded as criminals in any sense, and the avowal of responsibility referred to would be an act of superfluity.

I have the honor to be, very respectfully, yours,

J. J. REYNOLDS, Brigadier-General, Comman’ding.

–––

Proclamation.

BOWLING GREEN, September 18, 1861.

To THE PEOPLE OF KENTUCKY:

The legislature of Kentucky have been faithless to the will of the people. They have endeavored to make your gallant State a fortress in which under the guise of neutrality the armed forces of the United States might secretly prepare to subjugate alike the people of Kentucky and the Southern States. It was not until after months of covert and open violation of your neutrality, with large encampments of national troops on your territory, and a recent official declaration of the President of the United States not to regard your neutral position, coupled with a well-prepared scheme to seize an additional point in {p.1381} your territory which was of vital importance to the safety and defense of Tennessee that the troops of the Southern Confederacy on the invitation of the people of Kentucky occupied a defensive post in your State. In doing so, the commander announced his purpose to evacuate your territory simultaneously with a similar movement on the part of the national forces, whenever the legislature of Kentucky shall undertake to enforce against both belligerents the strict neutrality which they have so often declared.

I return amongst you, citizens of Kentucky, at the head of a force the advance of which is composed entirely of Kentuckians. We do not come to molest any citizen whatever may be his political opinions. Unlike the agents of the Northern despotism who seek to reduce us to the condition of dependent vassals we believe that the recognition of the civil rights of citizens is the foundation of constitutional liberty, and that the claim of the President of the United States to declare martial law, to suspend the privilege of the writ of habeas corpus and to convert every barrack and prison in the land into a bastile is nothing but the claim which other tyrants have assumed to subjugate a free people.

The Confederate States occupy Bowling Green as a defensive position. I renew the pledges of commanders of other columns of Confederate troops to retire from the territory of Kentucky on the same conditions which will govern their movements. I further give you my own assurance that the force under my command will be used as an aid to the government of Kentucky in carrying out the strict neutrality desired by its people whenever they undertake to enforce it against the two belligerents alike.

S. B. BUCKNER, Brigadier-General, C. S. Army.

–––

MOOREFIELD, September 18, 1861.

Hon. L. P. WALKER, Secretary of War.

SIR: I went on business concerning some cattle that had been taken from this county by Northern troops to Cumberland. There I was arrested and required to take an oath not to take up arms against the United States Government. I have never and had not at the time of being arrested taken up arms against the United States Government, but have been up to this time merely a private citizen. What I want to know of your honor is, whether the oath taken by me will be respected by the Confederate States Government, or am I subject to be drafted with the militia of Hardy County? Please answer and direct to post-office at Moorefield, Hardy County, Va.

DANIEL SMITH.

–––

FORK OF WATERS, HIGHLAND COUNTY, September 21, 1861.

This letter has been handed to me as the officer commanding the line between Monterey and Petersburg. I forward it according to its address, and with it the following extracts from the report of Capt. George Jackson, former commandant of the post at Monterey:

John W. Overman; lives in Preston County, five miles west of West Union. Was arrested without arms and confined in the guard house August 23, 1861, on the charge of being a Union man. Says that he was a Union man until his arrest, bat has since changed and is now willing to stand by the South.

{p.1382}

It is proper to state here that all of those persons mentioned in the above list as arrested on the charge of disloyalty, other than those caught in arms against the South, were arrested upon representations of numbers of the most substantial, reliable and loyal citizens of Hardy County, to the effect that they were actively engaged in giving aid and comfort to the enemy.

These extracts give all the information I have about Overman, except that I was [informed] by two gentlemen from Hardy that he was taken up as a spy. He is sent to the Staunton jail by order of General H. R. Jackson.

Respectfully,

JOHN B. BALDWIN, Colonel Fifty-second Virginia Regiment.

[Inclosure.]

MONTEREY, HIGHLAND COUNTY, VA., September 15, 1861.

Mr. JEFFERSON DAVIS.

HONORABLE SIR: I will say to you that I am held as a prisoner in this place. I was taken near Petersburg, Hardy County, Va. I live in Preston County, Va., and was on my way to Moorefield, Hardy County, on business and I had to go some thirty-five miles out of my way to get there in order to get around the Yankee camps, and then was taken by the Rockbridge Cavalry and brought here. I am charged with being a Union man, and I am not, and can prove that I have taken strong grounds in favor of the Confederacy, and was taken prisoner by the Yankees. This I can prove by the best of men in Tucker and Preston Counties if I could get any word to them. But I am cut off from any communication with them and I ask of you my release, for I am kept on the streets at work and digging graves Sundays as well as any other day. They have also taken a fine horse and saddle from me. I was taken on the 22d August, and I am at this time 130 or 140 miles from home, with the Yankees between me and my home. Therefore I can’t get any assistance from there-not as much as a change of clothes. I ask your honor for my release, and also for my horse or his value. I understand that I am to be moved up to Staunton to-morrow; but as to this I cannot say whether they will or not. Sir, I am a Virginian, and am proud to say that I have always been loyal to my native State, and am still willing to remain so.

Your humble servant,

JOHN W. OVERMAN.

P. S.-I am well treated by your men generally. There are some few that curse me, and say they will shoot me before I leave the guard house.

J. W. O.

–––

[RICHMOND,] September 21, 1861.

Hon. J. P. BENJAMIN, Secretary of War:

I have examined the cases of Robert H. Kinney, Frank Smyth and Hezekiah Kelly and I see no cause whatever for their detention.

Respectfully submitted.

JAMES LYONS, Commissioner.

–––

NEW ORLEANS, September 21, 1861.

Hon. J. P. BENJAMIN, Richmond.

DEAR SIR: Among the prisoners at Richmond is Capt. G. W. Edge, sent from Fernandina. He was captain of the ship John Carver, loaded {p.1383} with coal for Key West. Captain Edge is quite a young man, and dependent entirely upon his wages for the support of a family. He either had to give up the command of the ship or obey the orders of his owners. Captain E[dge] had been trading for a long time with New Orleans, and is highly esteemed here by a large number of our shipping merchants. At the request of several of those friends I write you merely to ask that you will be kind enough to intercede so far as to see that Captain Edge is placed in as comfortable a position in his prison as the regulations of the Government will permit, and if there are any prisoners sent this way his friends would be glad to have him here, and they would provide for him in prison at their own expense.

Yours, very truly,

E. SALOMON.

–––

WAR DEPARTMENT, Richmond, September 22, 1861.

Mr. JOHN J. BYRD, Augusta, Ga.

SIR: I am instructed by the President to make a reply to your letter to him of the 13th instant. I exceedingly regret to inform you as a father that an examination of your son’s case* has taken place through a commissioner specially appointed for that purpose, a gentleman of the highest character and reputation, Hon. James Lyons, of Richmond, and has reported unfavorably to your son. Mr. Lyons reports his belief that your unfortunate son is guilty; that he is an agent and a spy of Lincoln. Under these circumstances justice and a regard to the safety of this people demand that he should be held in the closest confinement, and with the deepest sympathy for you we are compelled to perform this duty and to refuse his discharge.

Respectfully,

J. P. BENJAMIN, Acting Secretary of War.

* See pp. 1432-1434 for report in case of W. H. Byrd.

–––

PRISONERS’ QUARTERS, Richmond, Va., September 26, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War.

SIR: I have been a prisoner of war at Richmond in close confinement now for more than two months without asking the privilege of once leaving my quarters. So far as I am aware there are no charges against me, unless it be that I am a member of the U. S. Congress. If, however, I am mistaken in this regard I desire to ask the reasonable courtesy of a hearing before yourself, or such other officer as you may please to designate for that purpose.

I am, sir, with great respect,

ALFRED ELY.

–––

RICHMOND, September 26, 1861.

I, Clark Rodman,* from Wakefield, Washington County, R. I., respectfully beg to state that during the month of May last a friend of mine in Buckland, Prince William County, Va., informed me by letter that J. B. and R. H. Hunton, of that place, engaged in the manufacture of woolen clothes were desirous of procuring the services of a man {p.1384} acquainted with the business; that he (my friend) had recommended me as competent and advised me to accept the situation which I did, and on the 1st June arrived at Buckland and commenced to work. I kept on working until about the 24th July when, hearing that my son Isaac Clark Rodman, had come from the North as a private in the Second Rhode Island Regiment; that he had been present at the battle of Manassas on the 21st of July and was wounded, I immediately stated the case to my employers, upon which they informed me that I might go in quest of him and advised me to do so. I found him amongst the wounded at Sudley Church on the 27th of July, on which day I was arrested. I was brought on to Richmond on the 30th, and after the lapse of a few days was appointed nurse in the prison hospital under the superintendence of Dr. Higginbotham, C. S. Army. I have acted in that capacity up to the present time, bestowing all the while every possible care and attention on my son, who died yesterday, September 25, of typhoid fever.

CLARK RODMAN.

* See p. 1465 for report in case of Rodman.

–––

RICHMOND, September 27, 1861.

Hon. J. P. BENJAMIN.

DEAR SIR: The governor has referred to me a letter from Hon. R. M. Hudson, judge of the circuit court of Roanoke County. In that letter the judge states that there are twenty prisoners in the Roanoke jail who have applied to him for discharge on writs of habeas corpus returnable to the 4th of October next. He states that they were arrested as Union men by Governor Wise. All are citizens of Virginia, except one who had removed to Ohio but had returned here to settle up his former business. They state they took no part in the military movements nor had they aided the enemy. Some state that though originally Union men they acquiesced in the ordinance adopted by the State and are willing to act as loyal citizens. There is no warrant for their custody nor any writing authorizing it. The sheriff holds them under the verbal order of a military man who stated they were arrested and sent on by General Wise. If there be any evidence to hold them for treason to the State of course the State authorities will take them in charge.

What I desire is to know what course should be pursued in case nothing appears against them except their being held under the order of a Confederate general. I would suggest that as the district attorney of the Confederate States lives (near Roanoke County) in Fincastle, Botetourt County, I might at your instance write to him to attend the trial, or without any intervention of mine you might have the cases attended to by Mr. Miller. The attorney for the Commonwealth is in the military service and is thus absent from Roanoke County.

I am, with high respect, yours, &c.,

J. R. TUCKER.

–––

WAR DEPARTMENT, Richmond, September 28, 1861.

Hon. J. B. TUCKER, Attorney-General of Virginia, Richmond.

SIR: I have the honor to acknowledge the receipt of your letter of 27th instant in regard to certain prisoners held in Roanoke County jail, Virginia, who have applied for discharge on writs of habeas corpus, &c. Such of these prisoners as will take the oath of allegiance to the Confederate {p.1385} States may be released at once, and in pursuance of your suggestion the honorable district attorney for the district in question will be requested to attend the trial of the others.

Very respectfully,

J. P. BENJAMIN, Acting Secretary of War.

–––

WAR DEPARTMENT, Richmond, September 28, 1861.

Hon. FLEMING B. MILLER, District Attorney, Fincastle, Botetourt County, Va.

SIR: I am informed by the Hon. J. R. Tucker, attorney-general of Virginia, that certain prisoners held on charges of disloyalty in the jail of Roanoke County under and by Brigadier-General Wise have applied for discharge on writs of habeas corpus returnable to the 4th of October next. I have replied that such of these prisoners as would take the oath of allegiance to the Confederate States might be released at once. I have now the honor to request you, as suggested by Mr. Tucker, to attend the trial of the others on behalf of the Confederate Government.

Respectfully,

J. P. BENJAMIN, Acting Secretary of War.

–––

WAR DEPARTMENT, Richmond, September 28, 1861.

ALFRED ELY, Esq.,* Prisoners’ Quarters, Richmond, Va.

SIR: In reply to your letter of the 26th instant I am directed by the Secretary of War to say that there is no charge against you and therefore no reason why your request for a hearing should be granted. You are simply held as a prisoner of war.

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

* Ely was a Member of the U. S. Congress, captured at Bull Run.

–––

CULPEPER COURT-HOUSE, VA., September 28, 1861.

R. S. HAMILTON, Esq.

DEAR SIR: I address you, both to thank you for your kind efforts in my behalf and to comply with your advice. I inclose you one of my letters* to the Citizen, Frederick, Md., also three* to the Morning News, Savannah, Ga., and one* addressed in manuscript to the governor of Massachusetts, a copy of which was sent by request to the Savannah News for publication. They are among my most carelessly written printed communications, of which I have but very few with me. I would refer you to my speech at the Union meeting in Lowell on the 29th of December, 1859, and published in the Lowell Advertiser, from which it was copied into the Argus (Norfolk, Va.) of May 19, 1860. It is probable that it is also in the weekly edition of that paper, and possibly may be found among some of your friends. I would refer you to the following gentlemen of the South with some of whom I have the honor of an acquaintance both personal and by correspondence, with others only by correspondence: Messrs. Richardson, editors News, {p.1386} Galveston, Tex.; W. L. Thompson, editor News, Savannah, Ga.; James P. Hambleton, editor of Southern Confederacy, Atlanta, Ga. I had a slight acquaintance with Mr. H[ambletonj in New York a year ago last March, and wrote a few communications for his paper, but discontinued writing for it because it supported Douglas for the Presidency, Breckinridge being my choice. I have also written occasionally to the Charleston Mercury during the last five years, but am not personally acquainted with its present editors. I would also refer you to Hon. W. W. Boyce, Winnsborough, S. C., Hon. John H. Reagan, Postmaster-General, from whom I have received letters the past winter. Mr. R[eagan] I am not personally acquainted with; Mr. B [oyce] I am. There are many other prominent Southern gentlemen with whom I was acquainted in Washington in the spring and summer of 1856, among them Toombs and Stephens, of Georgia; Messrs. Keitt and Orr, of South Carolina, and J. P. Benjamin, the present Attorney-General. Whether they would recollect me or not I can not say. The editor of the Norfolk Argus, Captain Lamb, who is referred to in the blackguard notice of the New York Tribune, I should not hesitate to refer to; but whether he is in Norfolk or the army I do not know. His father was mayor of Norfolk last year, and a letter would probably reach him if directed to his father’s care. John Heart, esq., former editor of the Charleston Mercury, and J. D. B. De Bow, esq., of De Bow’s Review, I am acquainted with, but do not know the post-office address of either at this time. E. D. Ryan, esq., of Waco, Tex., I am acquainted with personally and by correspondence. W. H. Parsons, esq., also of Waco, who is a prominent lawyer in Texas, and also an able writer, I have a corresponding acquaintance with, which grew out of our both writing for the Galveston News. I saw by the papers some six weeks ago that he had raised a regiment and is probably now in the service. Should you or any of your friends write to Captain Lamb, of the Argus (Norfolk), please inclose to him the notice from the New York Tribune. Take such steps as you and your friends see fit, but do not involve yourself in any manner on my account. I am amusing myself by writing an address, “The present revolution and its causes.” Whether I shall ever deliver it or not is very doubtful; but if I were at liberty and thought it would afford either instruction or pastime I would like to deliver it, and would appropriate the entire proceeds to the fund for sick and wounded soldiers.

It was my most ardent desire when I came to Virginia in May last to enter the army, but if I should get released from imprisonment this fall it would be foolish for me to undertake the hardships of camp life at this season of the year with my system in the condition that my long confinement has placed it, for it would not be two weeks till I should be in the hospital; but my desire to aid the cause of Southern independence which is de facto the cause of American liberty is as strong as ever. The Rev. Mr. Cole (Heaven bless him) has called to see me twice and has given me some undergarments which I very much needed, for I was in fact compelled to leave Lowell by an abolition mob and had only the clothes that I had on, and a rainy-day suit at that. It is now five and one-half months since, and you must conclude that my wardrobe is getting very low.

I don’t know that there is any news here that would interest you. The jail has been full of deserters for the last ten days, which is not much to the comfort of us who are regular boarders. There are several men in the vicinity who desire the services of Mr. Sanford, but whether he will get out at present I do not know. He sends regards.

{p.1387}

Hoping that the time may come when I can reciprocate the kindness that you and those good people who are unknown to me have manifested in may behalf I remain, most respectfully, your friend and servant,

M. B. WHITE.

P. S.-The communications and notices inclosed use at your own discretion. If you think it advisable to send any of them away, do so. If not, please return them when you are through with them.

M. B. W.

* Not found.

–––

PAULDING, MISS., September 30, 1861.

His Excellency the PRESIDENT OF THE CONFEDERATE STATES:

The undersigned have learned with great surprise that Henry L. Martin, esq., late of Jasper County, Miss., is imprisoned at Richmond on charges affecting his loyalty to the South. Mr. Martin is a native of the South; has spent most of his life in this community; his children are here, and we his old friends and acquaintances find it impossible to believe that his feelings and sympathies are other than Southern. The object of this petition is to pray Your Excellency to have his case examined into, and to extend to him that justice to which a citizen of a free country is entitled, and we feel assured that with a proper understanding of his case he will be found to be above suspicion, and a true Southern man.

L. B. LASSITER, Sheriff of Jasper County. BENJ. THIGPEN, Judge of Probate. W. T. POWER, Deputy Sheriff [ANN 21 OTHERS.]

–––

HEADQUARTERS WESTERN DEPARTMENT, Columbus, Ky., October 1, 1861.

Capt. J. W. HAWKINS, Commanding Stevenson Guards, Nashville.

SIR: Your letter of September 29 has been received and I am instructed by General Johnston to say that he wishes you to continue to perform the duties heretofore assigned.

If summoned by writ of habeas corpus you will appear and state fully to the judge the grounds on which you made the arrest and on which you detain the prisoner. If he is then discharged you will release him. Should it appear to you in any particular case that serious injury to the service may arise from the release of the prisoner you will immediately state the case to a judge of the Confederate States and ask for his authority to arrest.

You are as heretofore authorized to stop and turn back any suspicious person traveling on the cars. The discharge of the judge will not suffice as a passport.

I am, very respectfully, &c.,

W. W. MACKALL, Assistant Adjutant-General.

{p.1388}

–––

[RICHMOND, VA.,] October 2, 1861.

Hon. J. P. BENJAMIN, Secretary of War:

I would respectfully submit whether in cases free from doubt in favor of the prisoner it would not be well to give the commissioner authority to discharge without troubling the honorable Secretary with a report.

Respectfully,

JAMES LYONS

–––

REDWOOD, October 4, 1861.

His Excellency Governor LETCHER.

DEAR SIR: A man by the name of White is in confinement at this place in the county jail, and has been for several months, against whom as I understand from most reliable persons there has been at no time a particle of evidence. He was brought before Judge Field and promptly discharged, but recommitted, I presume by some mistake or misunderstanding-certainly by no form of legal proceeding. I am so informed by the judge of the court, by the Rev. Mr. Cole (the minister of this parish) and by Colonel Taylor, in command of the post. What he wants is to be tried. These gentlemen can’t or won’t relieve him and I do not know how to proceed, as I understand the judge to suppose his jurisdiction exhausted. If the man is innocent it is a most cruel oppression. If guilty, it’s time to have his case disposed of, as I believe his incarceration antedates the establishment of Forts McHenry and Lafayette as penitentiaries. If this duty is with the Confederate authorities will you, my dear sir, forward this note to Mr. Benjamin, Acting Secretary of War? The precise name I will have given below.

I am, very truly, your friend and obedient servant,

JNO. PENDLETON.

P. S.-The full name is Moses Bradford White.

–––

CLARKSVILLE, TENN., October 4, 1861.

General POLK:

We send you in charge of Lieutenant Wilday a man named Petty who we have grounds to think may not be after any good. We attach but little consequence to him except he is known to be quite familiar with both Cumberland and Tennessee Rivers as a pilot, having acted in that capacity for many years.

As the Cumberland River is now rising quite rapidly we think it advisable to watch such characters as could pilot the Lincoln boats up our river. He is represented as a great liar and entirely unreliable, which we find is true from the statements which he makes of things at and about Paducah. He gives no satisfactory account of why he is here,and from the fact of his familiarity with the rivers as above stated we send him to you. We refer you to Lieutenant Wilday for his statements to us, who heard it all.

Yours, most respectfully,

FISHER A. HANNUM, President of the Military Board.

{p.1389}

–––

OXFORD, MISS., October 8, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

DEAR SIR: You have incarcerated in Richmond Henry L. Martin, esq., formerly of this State but for several years a clerk in the Department of the Interior at Washington while I was Secretary of the Interior. I considered Mr. Martin a true man. After I left Washington he remained and I am not familiar with his course of conduct since that time. All those ordinary influences which make men turn would seem to be so strong in our direction that his old friends in this State cannot and do not doubt him. Born South, with an extensive and influential family South, with sons in the Confederate service, abused and persecuted as he has been by the abolitionists it must be strange indeed if he can prove untrue to the South. I hope you will cause his case to be examined into. I believe you will be satisfied that he ought to have his liberty.

Yours, truly,

J. THOMPSON.

–––

WAR DEPARTMENT, Richmond, October 11, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: In the case of the application of Moses Bradford White I submit as you direct the following report:

It appears from numerous publications in Northern papers that he was a warm friend of the South and wrote various articles in Southern newspapers by which Northern journals were greatly incensed. This is seen from scraps.* Though a native of the North his feelings, speeches and acts seem to have been with the South. We may then well believe his statement when he says he had to fly from Lowell, Mass., and come to the South to seek a place in our army. He seems to have been imprisoned simply because he was a Yankee from Lowell, Mass., and has been confined in a loathsome jail for nearly four months. He has obtained one hearing, having been brought before Judge Field on a writ of habeas corpus, when he was discharged. But still distrusted by a military commander who only knew that he was a Yankee he was again taken by him, with the assurance that he (the commander) would attend to his case. This commander put him in jail, went to Manassas and seems to have forgotten all about the poor prisoner. I learn these facts from the Rev. William Cole, an Episcopal clergyman at Culpeper Court-House who has interested himself in the case of Mr. White. Since his trial and imprisonment he has not been able to get a rehearing, though a discharge was ordered on his first trial. In his well-written letter to the Rev. Mr. Cole he gives a touching account of the privileges that were denied him, and which if granted could only have led to an investigation of his case. The only possible reason that can be assigned why he should not be discharged is that he may not be the person whom the Northern papers speak of as Moses Bradford White, the name under which he has gone ever since he came to this State. The want of identity is possible, but is it right that he should be kept in prison on the ground of this bare possibility?

Very respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

* Omitted.

{p.1390}

–––

HEADQUARTERS ARMY OF THE PENINSULA, Yorktown, October 13, 1861.

Hon. J. P. BENJAMIN, Secretary of War:

I am instructed by Major-General Magruder to acknowledge the receipt of your letter of the 7th instant and to say in reply that Colonel Crump reports that-

C. G. Clark and his wife attempted to pass without showing their passports and were captured by the guard boat below all our batteries. Ali the facts in the case were immediately reported by me through the Adjutant-General’s Department to the War Department and instructions asked, and from the vindictive spirit exhibited by himself and wife since their capture I deem it extremely imprudent, indeed dangerous, to permit their leaving the country at all.

C. G. Clark and wife have been sent to Richmond.

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

J. M. JONES, Assistant Adjutant. General.

–––

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, October 14, 1861.

General S. COOPER, Adjutant and Inspector General.

SIR: I inclose an advertisement which I propose publishing. My object is to get rid of a disaffected and troublesome population, most of whom are idle and would be liable to turn against us if we were in any danger of a defeat. They are sending up to Richmond from day to day and getting passes, thus keeping up a continued communication with the enemy. I propose letting them all go and tell all their tales at once, and after that to allow none to leave. I beg it may be submitted to the Secretary of War for his approval or disapproval.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

[Inclosure.]

As many persons residing in this locality are from time to time making application to these headquarters to be permitted to go North under a flag of truce, and as the time allowed by an act of Congress and the proclamation of the President for all alien enemies to leave the Confederate States or take the oath of allegiance has expired, notice is hereby given to all alien enemies and other disaffected persons that upon a day hereafter to be named a flag of truce will leave for the purpose of conveying them beyond these military lines, and all who desire so to depart will within one week from this date register their names at the offices of W. W. Lamb, esq., mayor of Norfolk, and Capt. George W. Grice, assistant quartermaster at Portsmouth. This steamer will be the last that will convey residents of this locality wider a flag of truce, and all alien enemies or other suspected persons found within these military lines after her departure will be arrested and imprisoned as the law directs.

–––

AUDITOR’S OFFICE, Richmond, October 25, 1861.

Hon. J. P. BENJAMIN.

SIR: Many of the best men of Virginia whose names I can furnish are now confined in cow-sheds near Columbus, Ohio, for the utterance {p.1391} of their political opinions in their native State. They number over 100, and no efforts appear to have been made by the Government for their exchange or release. While such a great wrong remains unredressed there has been a “general jail delivery” of Union defenders who have committed treason against Virginia by giving aid and comfort to the Peirpoint government. An exchange between the military authorities of the two Governments of all political offenders is certainly legitimate, and I merely state the facts that your better judgment may suggest the remedy. The sufferings of our citizens taken from Virginia unarmed and only because of their political opinions are too great to escape the immediate attention of all who have the means of redress, and I enter an earnest request that no further releases such as the “Salem jail delivery” referred to shall be made until our friends held as hostages and for the purpose of exchange shall also be given up or released.

Yours, truly,

J. M. BENNETT, First Auditor, Virginia.

–––

HEADQUARTERS ARMY OF KANAWHA, Camp Dickinson, October 25, 1861.

His Excellency the SECRETARY OF WAR.

SIR: General Floyd has been informed by the officer in charge of the post at White Sulphur Springs that one John B. [Felix S.] Odell, a Union man and traitor, who was arrested by his orders and sent with others to Richmond as a prisoner has been released and sent back to his home. Said Odell is notorious in Western Virginia as a man very dangerous to the Southern Confederacy and as one who has whenever he could do so given aid and comfort to the enemy. If evidence sufficient to convict him was not produced this is attributable to the fact that the general was not apprised of his trial, to the difficulty of collecting and sending witnesses at so great a distance, and not to his innocence. He begs leave to submit to your excellency that the discharge of such persons is attended not only with great danger to the cause in this portion of the State but renders the officers who arrest them liable to be shot down as an act of revenge and of retaliation. The general has exercised great caution in arresting citizens of the State upon the ground of alleged disloyalty to the cause and has done so only upon well-sustained charges. He feels confident that it is only necessary to call the attention of your excellency to the above facts in order to secure great care in the treatment of citizens sent to Richmond as unsound and dangerous to the public safety.

By order of Brig. Gen. John B. Floyd:

WM. E. PETERS, Assistant Adjutant-General.

–––

HDQRS. SECOND REGIMENT TEXAS MOUNTED RIFLES, Fort Brown, October 25, 1861.

DON ANDRES TREVIÑO, Commanding Tamaulipas Troops in Reynosa.

SIR: I have been informed that you, or the forces with which you are acting, have in your possession and power the person of Col. Peter Nickles, a citizen of the Confederate States of America, and that you {p.1392} contemplate having him hung. If he was taken with arms in his hands he is a prisoner of war and entitled to be treated in accordance with the usages of civilized nations. It is represented to me that he was only a spectator and took no part in the contest; in that event there is no cause or justification for his detention. I am confident that you will permit no indignity or outrage to be perpetrated upon the person of Colonel Nickles which would constitute a just cause of complaint on the part of the Confederate States, and thus endanger the amicable relations existing between them and Mexico.

I have the honor to be, your obedient servant,

JOHN S. FORD, Colonel, Commanding.

–––

WAR DEPARTMENT, Richmond, October 26, 1861.

J. M. BENNETT, Esq., State Auditor, Richmond.

SIR: In answer to your letter of yesterday I can only say that none can more deeply regret than I do the condition of all those not only of Virginia but of other States who have been seized by a despotic and unscrupulous power and incarcerated whether in cow-sheds or in dungeons. It is, however, a well-known fact that this Government has spared no effort to introduce a system of exchange of prisoners of war and that its efforts have been hitherto unsuccessful.

The prisoners of whom you speak are not prisoners of war. They are men not taken in arms. They are political prisoners, and your proposal seems to be that we shall hold in jail men convicted of no crime as political prisoners also; that we shall imitate the loathsome practices of which you complain, and shall within our own Confederacy hold men in prison who are citizens of Virginia by mere arbitrary military power for the purpose of exchanging them against those held under like circumstances by the enemy.

Pardon me for suggesting that I do not think you have reflected on the true nature of the course of action you advise, and for stating that this Government can enter into no such contest of evil-doing as is proposed. Prisoners held in jail are examined, and if guilty or believed to be guilty of treason or other crime against the State or Confederacy are handed over to the civil power, because ours is a Government of law, and it is our highest and proudest boast so to maintain it. Numerous prisoners have been thus transferred by this Department to the courts of justice. All others are released for our citizens cannot be held in jail on suspicion, and let us thank Providence that this exemption from violence to personal liberty is one of the legitimate as it is the most precious fruit of the struggle in which we are engaged.

The “general jail delivery” of which you seem to complain was if I am rightly informed an examination into the causes of the imprisonment of many citizens of Virginia who had been placed in confinement by military commanders, who were taken unarmed and against whom no evidence could be produced. Surely you would not have desired in the interests of your own liberty and that of those most dear to you that the violent hand of military power should have been laid on these men.

The convention of Virginia authorized your governor to arrest on suspicion aliens believed to be dangerous, but no lawgiver of these Confederate States has ever yet dreamed of conferring on any public functionary the power of holding our own citizens in jail on suspicion.

{p.1393}

I am therefore compelled respectfully to decline your proposal to hold Virginians in prison until the enemy shall release other Virginians that he holds in prison. At the same time I will cheerfully aid to the amount of my power in bringing to due punishment all traitors and other criminals, and will most heartily co-operate in any legitimate effort to relieve our fellow-citizens imprisoned in this or other States whose wrongs and sufferings I deplore but am powerless to remedy.

I am, respectfully, your obedient servant,

J. P. BENJAMIN, Acting Secretary of War.

–––

CHARLESTOWN, VA., October 29, 1861.

Hon. Mr. BENJAMIN, Secretary of War.

DEAR SIR: Having had Mr. Herr, a resident of Harper’s Ferry, arrested because of his alleged intercourse with the enemy, which intercourse he admits but pleads as not treasonable, it having been in every instance advised by his counsel, Mr. A. Hunter, how far Mr. Herr’s intercourse with the enemy (which has consisted in his receiving pay for flour and wheat used by them from his mill [sic.] I have preferred under the circumstances to refer to you for decision, as I want some guide in treating similar cases which are frequent upon the border. I considered Mr. Herr’s case aggravated by the fact of Federal troops taking possession of Harper’s Ferry, as the Federal newspaper report says, for the purpose of removing wheat from his mill which I am led to believe Mr. Herr expects pay for from the Federal Government. My men found Federal guards around his mill which still contained wheat, upon which they fired it and burned it to ashes, arresting Mr. Herr as a party to their transactions in violation of the Confederate law.

Upon offering Mr. Herr the option to take the oath of allegiance or leave the State Mr. Herr declined taking the oath for reasons which he will state to you, but expressed a desire to remain a citizen of the Confederate States without giving such evidence of his loyalty. I do not feel at liberty to release him without such evidence and consequently send him on parole, accompanied by his friend, Mr. A. Hunter, to you for your decision. I beg of you to give me some guide in similar cases of which I have not a few. I am satisfied that Mr. Herr is a conscientious man and would not deliberately be traitorous to our cause, but think that such intercourse has already and would likely continue to result in evil to us.

Respectfully,

TURNER ASHBY, Lieutenant-Colonel, C. S. Army.

–––

RICHMOND, VA., November 1, 1861.

His Excellency JEFFERSON DAVIS, President Confederate States of America.

SIR: You are no doubt acquainted with the circumstances of my capture and detention. The Secretary of War has informed me that there are no charges against me and am held simply as a prisoner-of-war. I have now been imprisoned in close confinement between three and four months and will not deny that I am anxious to be liberated. My fellow-prisoners for good reasons which will be explained to you {p.1394} are equally anxious that I should be. I cannot of course anticipate the action of my Government, but believing that common humanity demands an exchange of prisoners I should not hesitate at any honorable action to bring about so desirable a result.

I am, sir, with great respect,

ALFRED ELY.

–––

AUDITOR’S OFFICE, Richmond, November 4, 1861.

Hon. J. P. BENJAMIN, Acting Secretary of War.

SIR: A few days absence from the city has prevented me from noticing your letter of the 26th ultimo until now. One brother-in-law more than sixty years of age and eight or nine nephews and cousins held in custody by authority of the governor of Ohio, charged with no offense, must be my apology for again intruding myself upon your time and attention in their behalf as well as in behalf of all those whom fortune has thrown in the power of the Federal Government.

It must be admitted that that Government together with those State governments adhering to its authority appears to have divested itself of all the milder feelings which naturally belong to men, and that it delights in increasing the sufferings of those who are already wretched enough by being placed in their power. Those acknowledged rights between equals in power which go to mitigate the horrors of war and diminish the sufferings of the wretched have all been ignored by our enemies. Those upon the contrary who go to war and are prepared to defend and support by the sword principles they believe to be right will admit of no departure from established usage to their prejudice, and may be expected if they have the power (in the language of General Washington) to “endeavor by retaliating the injuries inflicted on them to compel the observance of a more just and humane system of warfare.” The history of the Revolutionary war shows us that a disposition by some of the States to discriminate between those who were loyalists and deemed traitors to their country from the British soldier taken in arms unfortunately protracted the sufferings of both to an unusual length. This discrimination was never recognized by the Federal authority at that time or since.

Retaliation and struggling humanity have gradually ingrafted in the rules of war the practices which meliorate the condition of prisoners. And while I admit that a violation of the acknowledged principles governing civilized nations in this respect should expose the national character to reproach, yet I deny that such reproach would attach to this manner of retaliation which has existed since the days of Moses, its severity only being moderated by the advancement of Christianity. General Washington admitted it as a rule of law in respect to prisoners, and the Congress of that day required its enforcement. President Davis in his recent message to Congress in respect to the Savannah prisoners distinctly avows and indorses it. I think it will be difficult for any of us to draw the distinction between political or military prisoners in like relations in respect to retaliation. Even the death of a soldier who for aught we know may have been drafted into the service of the U. S. Army and compelled in opposition to his will to fight against the Confederacy comes within the rule laid down by President Davis for retaliation. Is it humanity in such case to take the life of the soldier in consequence of any act of Lincoln’s Government? General Washington and President Davis may be accepted by us as good authority, and while we may be horrified at the mere idea {p.1395} of shedding innocent blood yet upon the authority of these high names we must conclude that the ultimate good resulting from the law of retaliation will justify it. Numerous horrid acts and the wailing grief that must otherwise be entailed upon a whole country by the same authority calls for retaliation even if it presents the appearance of erring resentment.

The right of an exchange of political prisoners has been acknowledged by the governor of Ohio, who at the instance of General Wise released about thirty such for the release of Mr. Waggener, of Mason County, a member of the Wheeling convention.

In directing your attention to the matters which induced my former letter it is not necessary to allude to the dead, as in the case of poor Riffle, of Braxton County. He was a man about sixty years of age and as it was supposed without an enemy, but had voted for secession. For this act he was arrested, handcuffed with his hands behind his back, and with a rope securely tied around his neck, he was tied to a wagon and compelled to walk in its rear for ten miles in the direction of the prison designed for his incarceration, until the Ohio lieutenant without resistance on the part of Riffle shot and killed him. From the horrors of this act which is well authenticated I am constrained to turn in sympathy to the condition of the living now confined in cow-sheds near Columbus, Ohio, in all the wretchedness which hunger, nakedness and the neglect of their own Government can inflict. They too may share the fate of Riffle. They number about 100 and are of the highest respectability.

The Confederate Government had many political prisoners and has several yet. These self-styled Union men cannot be found guilty of any overt act of treason by reason of the impracticability of obtaining witnesses from beyond the enemy’s lines competent to establish their guilt. The case of Roberts, of Roane County, recently discharged by your order, is a striking illustration of the impolicy of indiscriminate discharges without seeking for information. Roberts it is stated upon good authority had passed into our lines as a witness for his son in a criminal prosecution, and by perjury attempted to acquit him of a rape upon the wife of a soldier in our army. The son was found guilty and imprisoned, from which imprisonment he has been rescued by the Federal army. The father because of his sympathy with Black Republicanism and of his having taken a seat as a member of the Wheeling convention and voted to divide the State was arrested and sent here. Witnesses could not from the very nature of things be procured, and as far as I am informed were not sought for; and with all this black cloud of guilt upon his skirts he is set at liberty without condition upon the score of humanity I presume, and because ours is a Government of law. He was a Northern adventurer engaging in the politics of Virginia, and has now returned with a quasi indorsement of the Government. Does not the safety of the country require that such a man should be kept in custody, law or no law?

The case of C. Mollohan, a resident of the State of Ohio, is another illustration of the fallacy of your doctrine. He had formerly been a preacher and resident of Virginia, preaching Abolitionism wherever he went. Such was his boldness in that respect that he was arrested under our laws against insurrection upon complaint of his own brother. After his release he moved to Ohio, and upon the breaking out of the war he returned as a spy upon our movements, and was arrested by the military authority and confined in the jail of Roanoke, from which he was released upon your orders because no witnesses appeared to testify against his crimes. Did humanity forbid his retention?

{p.1396}

Other cases might be named about which I have written of equal or greater atrocity and would seem to call for the interposition of the Government, even though redress be effected by application of the lex talionis.

Suppose Minister Adams by chance or otherwise to be placed in our possession would you return him with a safe permit to his field of labor in France or to his home in Massachusetts, or would you demand as a condition precedent to his release the release of Mr. Faulkner from Fort Lafayette?

Suppose the wife of President Lincoln was enjoying the gayeties and hospitalities of a Southern life would you not force those enjoyments upon her until ladies of more patriotism and perhaps more refinement now detained in Washington and Wheeling should be released, or would you restore her to the embrace of her husband and the surroundings of family affection, or to a people who do not act upon principles of humanity or acknowledge any law, and suffer those angel spirits held in durance to shiver and weep in prison over the neglect of their Government?

Take a case more directly parallel. Suppose the amiable and accomplished wife of President Davis was one of the prisoners at Wheeling or Washington and Mrs. Lincoln should by following the “Grand Army” in its march “On to Richmond” fall into our power. While she might be treated with all the attention and courtesy of polite life does any one believe she would be transferred from her Southern enjoyments without the unconditional release of Mrs. Davis?

It is not necessary to remind one who all admit is attentive to the public history and necessities of our affairs that there are ladies in Wheeling if not in Washington indicted and detained as prisoners for no other offense than because with their own needles they made clothing for the brave young men who have since bravely and nobly fallen in our defense.-Are they cared for by the Government? What steps have been taken for their relief I Have those things occupied the attention of the Government at all? These existing cases are evidences pointing to the actual feeling with which a generous mind may contemplate the calamities of air enemy and should call for every effort, retaliation included, for their relief. At least such is my opinion, and I trust will upon mature reflection be the opinion of your Department, and a vigorous policy inaugurated in pursuance thereof.

Trusting that I may be excused for trespassing at so much length upon your time I will close by merely suggesting that Governor Dennison has exchanged prisoners whom he affects to believe guilty of a crime for Ohio, Pennsylvania and Virginia political prisoners who are alike our enemies and seeking to subvert the sovereignty of the State, and that I cannot see that harm would grow out of an effort to make further exchanges.

I am, very respectfully, your obedient servant,

J. M. BENNETT.

–––

HEADQUARTERS BRIGADE, Cumberland Gap, November 6, 1861.

Lieutenant-Colonel MACKALL, Assistant Adjutant-General, Bowling Green, Ky.

SIR: Inclosed you will find a list* of the prisoners we still have under our charge and the circumstances under which they were taken as well as we can learn. Twenty-five of them are citizens of the State of Kentucky; {p.1397} six citizens of the State of Tennessee, and one a slave taken with his master at Wild Cat. All of them so far as we can ascertain were either taken in arms against the Confederate States or giving aid and comfort to our enemies. The Kentuckians we of course regard as prisoners of war, but can the Tennesseeans be looked upon in the same light? The general commanding desires to be informed as to the disposition he shall make of both classes of these prisoners.

Very respectfully,

POLLOK B. LEE, Assistant Adjutant-General.

* Not found.

–––

OFFICE OF THE PROVOST-MARSHAL, Manassas, November 14, 1861.

Brig. Gen. J. H. WINDER, Inspector-General, C. S. Army.

GENERAL: I send five civilians (prisoners) who have been in confinement at this post by order of the general commanding the Army of the Potomac-Peyton Hall, Isaac Hall, Elibeck Hall, George Bayless and W. H. Hamet [mute]. The order received from Colonel Lay, inspector-general Army of the Potomac, says:

Major Boyle will forward the five men to Richmond, noting Bayless as a dangerous character, understood to have been specially active in communicating with the enemy, and the other four as persons whom it is not considered safe to have about our lines.

Very respectfully, your obedient servant,

CORNELIUS BOYLE, Major and Provost-Marshal, Army of the Potomac.

–––

FAYETTEVILLE, N. C., November 16, 1861.

JEFFERSON DAVIS, President of the Confederate States of America, Richmond.

SIR: The European Governments generally have by proclamation forewarned their respective subjects from participating in the war now in progress between the Confederate States of America and the United States, informing them if they do so it will be at their own peril; that their Government will consider all such subjects out of their protection, &c., and liable to such punishment as may be inflicted upon them by those against whom they take up arms.

Now, sir, as the Army of the United States is being recruited and is already to a great extent composed of citizens of other Governments (not having been in the country long enough to be naturalized) I respectfully suggest to Your Excellency that an effectual way to stop this augmentation and prevent those Germans and other foreigners from aiding our enemies is to declare by proclamation that all foreign-born persons not legally naturalized in the United States found in arms aiding the said United States in the present war against the Confederate States will be considered as interlopers, and if taken will not be treated as legitimate prisoners of war but be subject to such punishment as the Congress of the Confederate Government may prescribe which should be death.

These suggestions are made and Your Excellency’s better judgment can determine the policy of adopting them or no.

Very respectfully, your obedient servant,

D. G. MORALE.

{p.1398}

–––

OFFICE OF THE PROVOST-MARSHAL, Manassas, November 19, 1861.

Brig. Gen. J. H. WINDER, Inspector-General, C. S. Army.

GENERAL: I am directed by the commanding general to forward you the two disloyal citizens, Samuel Dentz (represented as an unsafe person to be at large, Colonel Robertson, commanding Fourth Virginia Cavalry, representing him as a notorious traitor, he having recently taken license to furnish the Federal Government with wood) and Forrest Olden, a citizen of Colchester. The general says: “Olden must be sent to Richmond as a person whom it is supposed to be unsafe to leave at large.”

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

CORNELIUS BOYLE, Major and Provost-Marshal, Army of the Potomac.

–––

FAIRFAX COUNTY, VA., November 24, 1861.

Maj. H. W. THOMAS.

DEAR SIR: At the request of Mrs. Bowman I write to you to make some effort to have Josiah B. Bowman released from prison who is now held in Richmond by the Southern Confederacy on a charge of piloting the Federal army to Bull Run last summer, which was not the case. The evidence against him was taken from a Northern paper thanking him for his attention to them. The fact was this as I understood it: On Sunday morning of the Bull Run fight while the troops were at Vienna two reporters for Northern papers and a chaplain in the army wanted a conveyance to go to Centerville. They told Bowman that they must have his wagon whether he went or not, and he did go to Centerville to bring his horses and wagon back. He did what I would have done under similar circumstances.

I know three Virginians that were pressed to carry the tired-out soldiers down on their retreat from Bull Run; still no arrest made. I have always found Bowman to be a very quiet man on the war question, taking no part either way. I think I know him and know hint to be a good citizen. He has a wife and five children depending on him for a support. The citizens in the neighborhood think it a very hard case that he should be held a prisoner so long, he being arrested about the 1st of August. Go and see Bowman and have him released if possible so he can come home to his family. The Federal troops have taken Bowman’s two teams and the most of his cattle. His wife will have to depend on her neighbors to haul her wood. Doctor Hunter has been released by the Federal army. They still hold A. B. Williams, George Gunnell, Hugh Adams, Withers Smith, John McDaniel and Sam Anderson, Doctor Hunter thinks for the want of some one to bring their cases up before the authorities at Washington. The Federal army have made no advance yet. The troops scout up this far but seldom leave the big road.

Yours, very respectfully,

JERE. MOORE.

–––

HEADQUARTERS WESTERN DEPARTMENT, Bowling Green, November 25, 1861.

A board is hereby constituted, to be formed of Judge Burnham and Maj. J. J. Williams, provost-marshal. Its duties will be to hear and {p.1399} determine all cases of persons not in the military service who may be in arrest by military authority. The board will hold its sittings at such convenient place as it may select, and meet for the transaction of its business on Tuesdays and Fridays of each week.

By command of General Johnston:

W. W. MACKALL, Assistant Adjutant-General.

–––

LITTLE ROCK, November 28, 1861.

JEFFERSON DAVIS:

A conspiracy has been discovered in the northern part of this State against the Confederate Government. Secret oaths, signs and passwords adopted. The intention seems to be to join Lincoln’s army if it gets into Arkansas, Twenty-seven men have been arrested and brought here to-day and are now in prison. A hundred more will doubtless be brought in in a day or so. They say there are 1,700 in the State. What shall be done with them? I ask your advice in the premises. The district judge is not here. He ought to be at his post.

H. M. RECTOR, Governor of Arkansas.

–––

C. S. MARSHAL’S OFFICE, Monticello, Fla., November 28, 1861.

Hon. J. P. BENJAMIN, Secretary of War, Richmond, Va.

SIR: I beg leave to make a few suggestions to you in reference to alien enemies and prisoners of war captured at sea. I think an arrangement might be made with the military for them to take charge of all such prisoners, feed them and transport them to the frontier. It certainly would cost the Government much less to have such men guarded by those who are now or may be on military service. The regular rations of the army would not cost so much as the present mode of boarding at a jail. Under the present arrangements each man that is employed as a guard before the prisoners leave and on the road to Richmond and back expects to be paid high wages. I find no law for the payment of anything to such guards and have refused to pay any such charges, and await your instructions. All this expense to the Government and trouble and vexation to me might be saved by turning all such prisoners over to the military.

Hoping to hear from you soon, I remain, your obedient servant,

E. E. BLACKBURN, C. S. Marshal, District of Florida.

–––

RICHMOND, VA., November 29, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

HONORED SIR: Since the authorities of the United States will not exchange prisoners may it not be well to compel an exchange in so far as we are able? Many of our citizens long to participate in defense of their homes yet are restrained by an oath forced upon them by the Federal authorities. It has struck me that our Congress is able to release such from this duress by special enactment ordaining that each {p.1400} such citizen should upon enlistment or appointment into our army be thenceforth absolved from his oath, provided that the President or other authority of the Confederate States should thereupon recompense the enemy by releasing one of the prisoners then in our possession. And might it not be well to provide that in selecting for such release preference be given, first, to the disabled, and secondly, to those of our prisoners whose term of enlistment has expired or is most near expiration?

Respectfully, yours,

A. G. STALEY, Of Mississippi and District of Columbia.

–––

RICHMOND, December 1, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I beg to call your attention to the inclosed letter from Mr. E. W. McGinnis, of Mobile. I know nothing of the case of Mr. Horatio Eagle to which it refers. Mr. McGinnis is a respectable merchant of Mobile of many years’ standing. I hope the case will receive early consideration.

I have the honor to be, your obedient servant,

R. H. SMITH.

[Inclosure.]

MOBILE, ALA., November 27, 1861.

Hon. ROBT. H. SMITH, Richmond, Va.

DEAR SIR: Will you do me the favor to call Mr. Benjamin’s (Secretary of War) attention to the case of Horatio Eagle, who is now a prisoner in the county jail at Richmond. Mr. Eagle has had his examination before the commissioner, and from what the commissioner told Mr. Eagle I have no doubt Mr. Benjamin would order his release at once if his attention was called to the case by yourself. Mr. Eagle was taken prisoner some two months ago while attending to some business connected with the coal oil company. If he had been taken in arms against us or aided in any way our enemies I would be the last man to raise my voice for his release. But I have known this man for ten years, and know that he has spent his money and used his influence at all times against the Black Republican party of New York; that he voted against them last fall, and has always done so. Marmaduke Johnson, esq., was his counsel at his examination before the commissioner, and Dr. Barney, formerly of Mobile now living in Richmond, has been assisting in his case. But I learn the order for his release must come from the Secretary of War or President Davis.

As Mr. Eagle’s health is being seriously affected by his long confinement in jail you will very much oblige me by bringing his case at once to the notice of Mr. Benjamin; and as the examination has been taken and the evidence all before him it would not probably take fifteen minutes for the Secretary of War to satisfy himself and order his (Eagle’s) discharge. Please attend to this, as an innocent man ought not to be confined one moment longer than possible. ...

Again asking your attention to Mr. Eagle’s [case] before the Secretary of War for which I shall feel greatly obliged, I remain, yours, very truly,

E. W. MCGINNIS.

{p.1401}

–––

RICHMOND, VA., December 2, 1861.

To the PRESIDENT OF THE CONFEDERATE STATES.

SIR: We desire to call the attention of the President to the case of Horatio Eagle, a political prisoner, confined in the jail of Henrico County. We are induced to interfere in his behalf because we are satisfied that he was induced to visit the neighborhood of Brady’s Gate, in Hampshire County, where he was arrested, for the sole purpose of bringing to us a communication on important business in which we are deeply interested, and having no desire to interfere with the present difficulties. We understand that Mr. Eagle has been examined by the Confederate commissioner, and suggest if no evidence was introduced to show that he was acting in the matter referred to from improper motives that he be released upon a pledge to procure the exchange of one of our prisoners in the possession of the Federal authorities; or if it is not considered proper to do so that he be allowed the limits of the city upon his parole not to leave which we feel confident will not be violated.

Very respectfully, your obedient servants,

G. D. CAMDEN. WM. L. JACKSON.

–––

RALEIGH, N. C., December 2, 1861.

Hon. THOMAS BRAGG.

MY DEAR SIR: I am sure you will permit an old friend and admirer to mingle his sincere congratulations with those of thousands of others on your call to the cabinet of President Davis. Long life and abundant honors and happiness be yours. You have won your honors nobly, and will wear them well everywhere and to the end and add another to the stars in the cluster of North Carolina’s diadem.

I am informed that some 250 of the Hatteras prisoners are on their way to Richmond for exchange. Pray let me interest you in favor of a most worthy man now and for many months being a prisoner of war at the State Fair Grounds, whose case is a very hard one, so as to get him released in the exchange. One word, one wish expressed by you in the better quarter will obtain his release. In fact he was wrongfully taken and improperly detained as a prisoner of war. I allude to Manuel C. Causten, M. D.,* of the city of Washington, an educated and polished Christian gentleman. Doctor Causten is the sole surviving son of an old acquaintance of yours, James H. Causten, the French spoliation agent there resident. I here inclose a letter received from his father. I learn from it and the doctor that he is not and never was a soldier, nor bore arms in this or any other war; that he had for some years been the surgeon of the Washington, commonly called the President’s, Mounted Guard, long before Abe Lincoln came there as President, and he was attached to the hospital, lately burnt down. About the commencement of this war he married a young wife, about fourteen miles from Washington, in Maryland, where he left her with her friends for a short time. On the night of his capture he paid her a visit alone, unarmed and unsuspecting danger. But a scouting party of Confederates visited the house, and finding him there tore him from the arms of his young wife, [took him] to Manassas; thence he was carried to Richmond where he was confined in jail, and afterwards in a tobacco factory, and thence he was sent here. At the camp here he has been useful to the sick soldiers, and only a few days ago but for him one of {p.1402} the North Carolina volunteers would have lost his life. By an incautious handling of his musket the gun was fired and shot him through the body, and before Doctor Johnson could have been got there for his relief he would have bled to death. Doctor Causten promptly volunteered his aid and saved the man’s life, desperately wounded as he was. If rightfully captured at first and detained as a prisoner of war he is among the earliest of the prisoners taken in this war, and his gentlemanly bearing which has won for him very general respect as well as the circumstances of his case entitle him to the favor I implore for him through your kindness. He will, and his old father will, and so will I, be everlastingly grateful to you for anything you can do for him.

One word concerning my poor old self. I am dying by inches, and we shall probably never meet again in this world, but I hope we shall in endless life and blessedness. My best wishes for your lady and family.

Ever truly, your obedient servant,

JOSEPH B. HINTON.

* See report of E. J. Allen, p. 171 et seq.

[Inclosure.]

WASHINGTON, D. C., August 18, 1861.

JOSEPH B. HINTON, Esq., Raleigh.

MY DEAR FRIEND: I have received a letter from my son, Manuel C. Causten, dated at Raleigh, August I. He was a member of the President’s Mounted Guard, and was made a prisoner at Seneca, Md., by a Virginia scouting party about the 1st of June last and sent to Richmond. At the time of his capture he was on a visit to his young wife, and betrayed by a false friend. He was taken from her house at night and not in arms, nor is there any special accusation against him. It now appears that he has been removed from Richmond to Raleigh, and is now there sick, and I suppose in want, and having no channel to send him supplies, I have concluded to request my old and fast friend J. B. Hinton to see him and supply all his wants in money, clothing, &c., and to favor me with a report of case and of the expenditures for his use, so that I may promptly reimburse you for the same.

A fond father’s heart dictates this hastily written letter, and offers to you in advance his profound thanks.

God bless you, my dear friend.

JAMES H. CAUSTEN.

–––

LITTLE ROCK, December 3, 1861.

Hon. J. P. BENJAMIN, Secretary of War:

I dispatched the President recently (November 28) advising him of the arrest of citizens of Arkansas who had entered into a conspiracy against the South. No answer. Twenty-seven of them are in jail here awaiting trial. Sixty have been arrested in Searcy County and 47 in Izard. The citizens have permitted them to volunteer. A portion sent to McCulloch, others to Colonel Borland, commanding at Pocahontas.

The authorities of Arkansas are asked to approve this course. We decline unless sanctioned by yourself or the President. If sent to the army at all our opinion is they should go South.

H. M. RECTOR, Governor and President.

{p.1403}

–––

RICHMOND, VA., December 5, 1861.

Governor H. M. RECTOR, Little Rock:

It is not possible at this distance and with imperfect knowledge of the facts to give directions about the parties arrested. You must use your best judgment in acting on the information before you.

J. P. BENJAMIN, Secretary of War.

–––

Resolutions of confidence in our cause of war, and in the President, and in the Army.

Resolved, That we, the delegates of the people of North Carolina in convention assembled, entertain an undiminished confidence in the justice of the cause in which we have taken up arms, and we hold it to be the duty of the people of the Southern States to maintain and uphold that cause with all the means they can command.

Resolved, That in behalf of the people of North Carolina we declare to our sister States of this Confederacy and to the world that no measure of loss, no sacrifice of life or property, no privation or want shall cause us to shrink from the performance of our whole duty in the achievement of our independence.

Resolved, That from the cruel and barbarous manner in which our enemies have carried on this war-a war in which aged and dignified men and helpless women have been seized and without accusation or warrant or authority cast into prison; in which private property has been wantonly destroyed; in which robbery and arson are principal means of aggression, and in which servile insurrection has been proclaimed, we are convinced that there is a “radical incompatibility” between such people and ourselves; and from them our separation is final, and for the independence we have asserted we will accept no alternative.

Resolved, That we have full confidence in the wisdom, integrity and patriotism of the President of the Confederate States, and we congratulate him and our whole country upon the success with which he has administered the Government.

Resolved, That to the officers and soldiers who have gone forth to meet the dangers of this war we are under a deep debt of gratitude for the valor and fortitude with which they have defended us from the assaults of our enemies and illustrated the glory of our arms.

Resolved, That a copy of these resolutions be sent to our Representatives in Congress with a request that they be communicated to His Excellency the President of the Confederate States of America, and to Congress.

Passed and ratified in open convention the 6th day of December, A. D. 1861.

W. H. EDWARDS, President of the Convention. JAMES H. MOORE, Secretary of the Convention.

–––

WAR DEPARTMENT, Richmond, December 10, 1861.

SYDNEY S. BAXTER, Esq., Richmond.

DEAR SIR: In pursuance of our conversation of last evening I now address you with the request that you will give your services to {p.1404} the Government in the examination of the cases of the prisoners sent to the various prisons in Richmond on charges of being spies, enemies, traitors, &c., with a view of discharging all such as ought not to be held in custody and bringing to trial and punishment such as seem to be guilty of the charges. Please make your reports to me as promptly as possible. Thanking you in advance for your tender of services in a matter for which the Government has made no provision for compensation and Which you undertake on purely patriotic grounds,

I am, very respectfully, your obedient servant,

J. P. BENJAMIN.

–––

HEADQUARTERS BRIGADE, Camp Recovery, One Mile from Prestonburg, Ky., December 10, 1861.

S. COOPER, Adjutant and Inspector General, Richmond.

GENERAL: I have the pleasure to inform you that I have been located here for several days. ... I think I have established friends for the Confederate States on a sound basis wherever I have been. My effort has been to conciliate the people and to teach them by example that the Army of the Confederate States comes not to maraud and oppress, but to protect and to respect the constitutional rights of the people. The Army of the United States invited here to defend this people halted at no excess. They burned and ravaged the towns, insulted females and violated their persons, stole wearing apparel and killed stock and frequently deprived poor people of the means of subsistence. I have sought to impress all this course on their part as a true representation of the despotic principles their master seeks to establish on a permanent basis, while the respect I and my men pay to persons and property without regard to mere opinion is the reflex of the principles we represent. The effect has been exceedingly favorable, for the contrast is striking and visible to the commonest man in the community.

I found prisoners at Pound Gap arrested for their active pursuit of their opinions. I released them and sent them home after explaining to them the principles I advocate. They said the veil had been removed from their eyes and I afterwards found them well disposed and active in getting recruits for my command. ...

I am, very respectfully, your obedient servant,

HUMPHREY MARSHALL, Brigadier-General, C. S. Army.

–––

HEADQUARTERS, Pocahontas, Ark., December 11, 1861.

General A. SIDNEY JOHNSTON, Commanding Western Department, Bowling Green, Hy.

GENERAL: ... Besides these my returning force received the surrender of fifty-seven prisoners and brought them to this place for my disposal. Upon inquiring into the character and antecedents of these fifty-seven men I do not find that any of them have been guilty of such overt acts of disloyalty as would warrant any severity of punishment. The most of them are ignorant men, and although they have continued to be ever since the accession of Arkansas to the Southern Confederacy Union men in their associations at least if not in their {p.1405} real sentiments and decided connections, yet they are not found to have engaged in any act of open disloyalty to our Government. The most of them moreover declare their innocence of any such intentions, alleging that if they have done wrong at all in this respect they had been misled by others who have made their escape from the country; and in evidence of their present sincerity and their desire to prove their loyalty to the South they have all voluntarily taken the oath of allegiance and earnestly insist upon being permitted to enter the military service in some of our companies. ...

SOLON BORLAND, Colonel, Commanding.

–––

NEW ORLEANS, December 13, 1861.

Mr. BENJAMIN.

DEAR SIR: I have already written a few lines to you in behalf of my husband, M. L. Rossvally, and as I thought they may be lost I would write to you again begging of you to release my unfortunate husband. Mr. Benjamin, please take his case in consideration and you will see that my husband is innocently imprisoned. These false and scandalous articles that have been in the papers-this was all done by his personal enemies, who for these last three and four years have been trying very hard to ruin him. My husband is not such as the false papers have stated. My husband is a gentleman and a true and kind-hearted one. On the 2d day of May my husband left me with my three children trying to do good for his country, but as it seems he gets ill-treated for it. As for my husband’s loyalty to the South there is not a better Southern citizen to be found. He would be willing to die at any moment if by so doing he could serve his country. I will ask the question, How could my husband be untrue to the South? Was it not the Southern soil that gave birth to his wife? Was it not the land that gave birth to his three children that he loves dearer than his own soul? And yet the people are so wicked as to say he is untrue to his country. I will say no more upon this subject. Please, Mr. Benjamin, release my husband. Please, sir, do it for my sake and the sake of my little children. Consider, Mr. Benjamin, I have no husband at home, no money to support me, and besides I am sick all the time and have been under Doctor Lemonier’s treatment these last four months and perhaps may have to be under his treatment six months longer, as the doctor thinks himself. I shall beg of you once more, Mr. Benjamin, to release him and I shall be very thankful and obliged to you for it.

Yours, respectfully,

CATHARINE ROSSVALLY.

–––

RICHMOND, December 13, 1861.

Hon. H. W. THOMAS, Senate of Virginia.

DEAR SIR: The few moments’ conversation with you yesterday induces me to address you this time, for I feel assured from the short acquaintance I have had with you that although we may differ politically yet an instinct of honor would govern your actions irrespective of those differences usually engendered by diversion of opinion.

The circumstances antecedent and attending my arrest are no doubt well known to you and it is only necessary to say to you that at no time {p.1406} was I nearer than seven miles of the Bull Run battle-field and had not at any time the remotest idea of molestation from either party, supposing my character as a non-combatant would be ample protection. One week after my arrest I was brought here and exactly three months after my captivity I was favored with a hearing before the Hon. James Lyons, commissioner, by whom not one solitary charge was brought against me and I left his office with the confident and as I thought well-grounded impression that my release was nigh at hand. How these anticipations have been realized my present imprisonment proves. Some weeks since I learned semi-officially that I was held here by the influence and at the instance of a brother, now an officer in the Confederate service, and one too who owes his character and the escape from ruin to himself and family to my interposition, which facts I suppose are not without the cognizance of the authorities. Men see the same objects through different media and no blame should be imputed for an ordinary difference of opinion, yet it forcibly strikes me that the fact of one brother taking so unnatural a stand against another should have caused the authorities to hesitate before they gave any heed to his efforts. I cannot in justice to my own feelings pursue this, to me, revolting subject, but leave you, sir, as an honorable man to draw your own conclusions.

When the difficulties that now overshadow our country first presented themselves, as a citizen of Ohio ardently attached to the institutions under which we had prospered for near one century previous I labored hard for a peaceful solution of the vexed questions that agitated and indeed convulsed our country. In common with thousands of Northern men I looked upon the movement of the South as a mere insurrectionary act that would be easily quelled and our common country soon be restored to its usual quietude and prosperity. Viewing the matter in this light and from the stand-point I occupied, when I learned the defection of my brother from the service of the United States I wrote to him most strongly and emphatically condemning his course, and stating to him in very plain terms what I thought would be the result of the course he had elected to pursue. When I reached Washington in the month of June an interview with one of his wife’s family convinced me that I had in some respects misunderstood his motives. I immediately wrote him recalling all that might be in my letter personally offensive, but from the interruption of postal facilities I suppose the letter never reached him. I did not, however, recall any expression condemning his course. Receiving a letter from a friend in New York giving his views upon the agitating subjects of the day in response I spoke of the acts of men in the South in such language as I thought then and still think they deserve. As an evidence of my feeling upon the subject I inclosed to my brother an extract from one of my letters, which extract together with my first letter to him I understand he has placed in the hands of the authorities as evidence of my hostility to the South. How these matters can with the slightest regard to law or equity be used against me I am at loss to imagine. As a citizen of Ohio, owing no allegiance either absolute or implied to the South I had a perfect right to give utterance to my sentiments, whether palatable or otherwise to any section of the country.

I am called upon to answer by a long and painful imprisonment for words spoken or thoughts expressed where neither Virginia nor any other member of the Confederacy ever had or pretended to have jurisdiction. I violated no law that I know of in coming into Virginia. From my earliest recollection I have been opposed to the doctrine of {p.1407} States’ Rights, looking upon their exercise as nothing more nor less than treason against the General Government, and if I am in error I owe it to the teaching of my late venerable father, and I must certainly say that the impressions of early life confirmed as they were by the reflections of maturer years have not been effaced by the experience of age. You, sir, may rest assured that whatever may be the personal consequences these sentiments will only end with my life, for I should basely betray my own convictions to give utterance to opposite ones. Cannot you call and see me? A visit would be very acceptable. If you can please do so at your earliest convenience.

Respectfully,

EDWARD TAYLOR.

–––

RICHMOND, December 16, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

DEAR SIR: A man by the name of L. M. Rowley, late a resident of Florida, was taken up about a month since on suspicion of being disloyal and sent to Montgomery where he is now confined in jail. He has appealed to me to have his case investigated, denying as I understand him the allegation. I most respectfully ask of you the appointment of some person to act as commissioner in his case.

Your obedient servant,

JACKSON MORTON.

[Indorsement.]

JOYNES: Write to Governor Shorter to do me the favor to have this case investigated by some discreet person, &c.

J. P. B.

–––

RICHMOND, VA., December 17, 1861.

Capt. R. P. ARCHER, Assistant Quartermaster, West Point, Va.

SIR: You will have to provide fuel for the disaffected persons held in custody at West Point. The regulation allowance has strictly no application to them, and if from the tender age of some of the children accompanying adult persons or from the exposed character of the building in which they are confined you find it necessary to exceed the usual allowance of fuel you have authority to do so.

A. C. MYERS, Quartermaster-General.

–––

HDQRS. THIRD REGT. TEXAS INFTY., PROVISIONAL ARMY, Fort Brown, December 18, 1861.

Maj. SAMUEL BOYER DAVIS, Actg. Asst. Adjt. Gen., Department of Texas, Galveston, Ter.

SIR: It is with mortification that I find it my duty to report the escape of the prisoner-against whom I forwarded by the last mail charges and specifications for desertion-from the guard house of this garrison last night, together with another prisoner confined for theft. An opening was made through the weather-boarding of the inner guard room where they were confined, and it is stated that they escaped through this opening.

{p.1408}

But, sir, they were both Mexicans. The principal portion of the guard were also Mexicans, necessarily so, and I entertain in my own mind no shadow of doubt of their having walked out of the front door through the connivance and with the consent of the guard. Charges will be preferred and forwarded against the sergeant and corporal of the guard and the three sentinels posted in the vicinity of the guard house, but that more can be proven than that they escaped while these men were on duty I very seriously doubt.

I have repeatedly called attention to the wholly unreliable character of the Mexicans enlisted on this frontier, so far as our cause is concerned, Company C (Captain Parker’s), of this regiment is composed entirely of Mexicans. Scarcely a night passes that one or more of them do not desert. This will continue to be the case so long as the civil war continues in Mexico. The company has already been reduced nearly one-half, and in a short time scarcely a corporal’s guard will remain. That it will be refilled so soon as the troubles in Tamaulipas are ended I entertain no doubt, but it will only be until other difficulties break out (and they are constantly recurring) when we will have a repetition of the same reduction from desertions. I am thoroughly satisfied that they would desert in a body and cross the river should the enemy attack this post, even if they did no worse. They have no sympathy in our cause, do not understand it, and enlist simply for the subsistence, pay and clothing. They change their allegiance with the utmost facility to whichever party offers the largest inducements.

I believe they might be made good soldiers if removed from this frontier and stationed where there are not so many temptations and inducements to desert, and where the facilities for doing so are not so great. Here they are decidedly detrimental to the service and of no manner of advantage. I should much prefer to be without them though much in need of more troops. Under these circumstances I would respectfully suggest if I may be permitted to do so that if transferred to some regiment in the interior and another company sent here in their place the interests of the service would be very greatly promoted.

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

A. BUCHEL, Lieutenant-Colonel, Commanding.

–––

OGLETHORPE BARRACK, Savannah, Ga., December 19, 1861.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: A man calling himself Mr. Alvin Lloyd was arrested and brought to this post some days since as a spy. There is abundant evidence here to show that he has told several contradictory stories about his antecedents and I am satisfied that he is an imposter. He had in his possession two passes from the War Department, one I think to visit Norfolk, and he acknowledged to me that he had been to Craney Island. From his conversation I incline to the opinion that he may be connected in some way with the information said to be published in the New York papers in relation to the strength and stations of the Confederate troops. I am unwilling to trust this matter to the telegraph, and General Lawton as well as his assistant adjutant-general being temporarily absent, I venture to ask unofficially if anything is {p.1409} known of this man Lloyd in the Department. Should you desire it I will forward such of his statements here to me and others which subject him to grave suspicion. If he be a spy and in communication with the enemy it is obvious that the less publicity given to measures to insure his detection the more certain will be the result.

I have the honor to be, very respectfully, &c.,

WM. S. ROCKWELL, Lieutenant-Colonel First Georgia Volunteer Regiment, C. S. Army, Commanding Post.

[First indorsement.]

General WINDER:

Do you know anything of this man?

[J. P. BENJAMIN.]

[Second indorsement.]

Mr. Alvin Lloyd is on record in the police book as a suspicious person and was under observation while here at the Exchange Hotel. He left here for New Orleans. I am satisfied he ought to be viewed with great suspicion. He is supposed to be a reporter for newspapers.

JNO. H. WINDER, Brigadier-General.

[Third indorsement.]

Respectfully submitted to the President in answer to his call. The War Department has taken no other action in the case.

G. W. RANDOLPH, Secretary of War.

[Fourth indorsement.]

Let the prisoner be informed of the report of his case as presented within.

J. D.

–––

PRISON No. 3, December 20, 1861.

SIR: I and my sons are prisoners here at Richmond. We were taken the 1st of September in Fairfax County. I had a good property in Fairfax. The Southern troops have taken all my personal property and I am left desolate. I am formerly from New York. I have friends and relations there that will supply my wants and I and my sons wish to be released as aliens.

Yours,

JOHN TURNER.

–––

LEESBURG, VA., December 27, 1861.

General WINDER:

I send you six tories with the affidavits against them. The names of the men are: Joseph L. Grubb, Armstead Magaha, William Smith, Isaac Slater, Emanuel Rouse and William Working. As the evidence is against them I trust that they may not be allowed to return home. The people of Loudoun are afraid of them and much mischief would result from their release. The two Yankee prisoners, August Williams {p.1410} and Thomas Pryor, were taken with stolen property-horses and poultry-in their possession. I hope they will be dealt with as marauders and not as prisoners of war. Our party report the killing of six besides the capture of these seven.

With great respect,

D. H. HILL, Brigadier-General.

P. S.-It may be proper to except Working from the class of those who are regarded as dangerous. He is thought to be a harmless but timid man. He has, however, incurred the penalty of disloyalty by going over to the enemy.

D. H. H.

–––

CAMP THREE MILES FROM PAINTSVILLE, KY., December 30, 1861.

General S. COOPER, Adjutant and Inspector General.

GENERAL: ... I have directed civic administration to be instituted in the counties along this frontier upon the basis of allegiance to the Confederate States. This must force an issue at once or will transfer the people, for it is impossible that when magistrates, constables, sheriffs, clerks, recorders and judges are sworn in under the provisional government and revenues are collected by our officers another system can occupy the same space at the same time.

I sent to Pound Gap as a prisoner one Doctor Chilton and have him there in custody. He ought to have been shot, for he is one of the very worst men in this country and has been a scourge to our friends. I propose to send my prisoners to Pound Gap, where the battalion stationed there can easily guard them and the winds of the Cumberland Heights can ventilate them properly. I have a log house erected there for their especial accommodation. Mr. Chilton is the only tenant as yet. Mr. Diltz would have been better there I fear than at large. One Mr. Filson (a deputy U. S. marshal) ventured to Paintsville yesterday and I had him arrested last night but have not seen him yet. He is represented as bold and sagacious, and is probably here as a spy from the interior. I shall look to his case after daybreak. ...

I am, your obedient servant,

H. MARSHALL, Brigadier-General, Commanding.

–––

CAMP HAGAR, Three Miles from Paintsville, Johnson County, Ky., January 3, 1862.

General A. SIDNEY JOHNSTON, C. S. Army.

GENERAL: ... The people hereabouts are perfectly terrified or apparently apathetic. I imagine most of them are Unionists, but so ignorant they do not understand the question at issue. I suggest through you to Governor Johnson to send me blank commissions for magistrates, sheriffs and constables, clerks and county judges so that civic order may be reinstituted; also to send a commission of circuit judge to Harvey Burns that courts may be holden at proper times. {p.1411} The people should learn that they belong to the Southern Confederacy, and the State provisional government by its operations should be seen and not merely heard of.

I am, truly,

H. MARSHALL, Brigadier-General, C. S. Army.

–––

HEADQUARTERS ARMY OF THE MISSISSIPPI,* Grenada, January 3, 1863.

Lieut. JOHN F. LUMPKIN, Judge-Advocate.

LIEUTENANT: In preparing record of the proceedings of the courts the following facts should be stated: Each case should be complete in itself preceded by copy of order convening the court; the number of members present stated, those absent accounted for; court to be sworn by judge-advocate, judge-advocate by courts in presence of the accused; prisoner called upon to plead; each witness, his name, &c., designation fully stated; name, rank, regiment and company of prisoner particularly stated in specification, finding and sentence of court; each case to be numbered on left-hand margin of page, and pages in each case also numbered on left-hand margin. Adjournment from day to day should be signed by judge-advocate; each case signed by judge-advocate and president of court; final adjournment by judge-advocate and president of court. The judge-advocate is authorized to rectify every irregularity which may occur in the charges and specification.

I am, respectfully, your obedient servant,

R. W. MEMMINGER, Assistant Adjutant-General.

* This document is out of place.

–––

WAR DEPARTMENT, Richmond, Va., January 5, 1862.

General JOSEPH E. JOHNSTON, Centerville, Va.:

...

I beg also to call your attention to a practice that is becoming too prevalent of sending here prisoners arrested on suspicion of being disloyal. I have no means of enforcing their confinement and am compelled to discharge them as fast as they come, or the judges would certainly do it by habeas corpus. But military commanders have the right to arrest and keep in confinement all dangerous or suspected persons prowling about their camps. It is I know a little troublesome to be burdened with this class of prisoners in camp, but I see nothing else that can be done with them. They come here without definite charges against them; without any proof or witnesses and I am utterly powerless to hold them for you. I can only therefore urge upon you a stricter and less lenient application of military law as the sole resource I see for repressing this growing mischief.

I am, your obedient servant,

J. P. BENJAMIN, Secretary of War.

{p.1412}

–––

HEADQUARTERS, Knoxville, Tenn., January 7, 1862.

General S. COOPER, Adjutant and Inspector General, Richmond, Va.

SIR: General Carroll having left this post yesterday I deem it my duty to take charge of the political prisoners now in confinement here. Their number is understood to be 130; has lately been increasing, and with others expected to be captured soon I do not see how the court-martial is to keep pace with the exigencies of the occasion. Besides that mode of proceeding is very expensive, and in my opinion an equally just and more summary disposition of those cases would be attended with happier results to the Government. Under this conviction and acting in the spirit of the orders hitherto received by me I shall dissolve the court-martial convened by General Carroll on its determination of the few purely military cases yet to be tried, and shall proceed with the political offenses as I have heretofore done at Greeneville. If this course be not approved by the Department I beg to be promptly advised to that effect by telegraph. Captain Monsarrat who seems to be an excellent officer is the immediate commander of the post, and I judge that there will be little occasion for interference with his functions as such. Can any more prisoners be received at Tuscaloosa?

Very respectfully, sir, your obedient servant,

D. LEADBETTER, Colonel, Commanding.

–––

BLOUNTVILLE, TENN., January 10, 1862.

His Excellency JEFFERSON DAVIS, President of the Southern Confederacy.

SIR: I am charged with treason toward the Government of the Confederate States for which I make an appeal to Your Excellency for pardon. I will give you the details of my case in full. At the time of the gathering up of the Union men in Eastern Tennessee I went into camp and took the office of issuing commissary. I staid in camp two days when the regiment left for Kentucky, and I being unwilling to go with them started home, and on my way home I learned that some soldiers were lying in wait for me to kill me. On receiving this information I left in search of refuge. I went to Kentucky. On arriving there and finding out Lincoln’s policy in full it became so obnoxious to me that I returned to Tennessee though not to my home.

I have turned aside to await an answer from Your Excellency. I have given you the case in full. You can examine it and see whether I am guilty of a crime worthy of death or not. If it please you to pardon me, I am then willing to take a position in your army; and if not I will again return to the North but I much prefer the South to the North. I await your answer with patience.

Your humble servant,

J. LOONEY TAYLOR, Hilton’s Post-Office, Sullivan County, Tenn.

[Indorsement.]

SECRETARY OF WAR:

It may be well to consider the propriety of a general order or proclamation to cover such cases as this.

J. DAVIS.

{p.1413}

–––

OFFICE OF THE SECRETARY OF THE CONGRESS, January 13, 1862.

His Excellency JEFFERSON DAVIS.

SIR: I have the-honor to inform you officially that the Congress on this day (to wit, January 13) adopted the resolution a certified copy of which is herewith transmitted:

Resolved, That the President be requested to communicate to Congress by what authority and under what law citizens of Tennessee are imprisoned at Tuscaloosa or other points in the State of Alabama, and whether said prisoners or any portion of them have been transported beyond the limits of their own State without a trial, and whether in any instance the writ of habeas corpus has been suspended.

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

J. J. HOOPER, Secretary of the Congress.

[Indorsement.]

Secretary of War for report.

J. D.

–––

Special report on case of W. H. Krantz.

[RICHMOND, VA.,] January 16, 1862.

Prisoner says he was born in Frederick County, Md.; lived there till about 1851 when he moved to Loudoun County, Va., to take charge of the mill of J. B. T. Caldwell. In 1853 moved to the neighborhood of Fillmore, six miles from Middleburg. Says he did not vote on the question of secession; intended to vote for secession, but was absent on a visit to his mother in Maryland. Says he is a secessionist. Is exempt from military duty by ill-health; was exempted by order of court-martial. Says when the militia was called out he was absent on a visit to a cousin in Jefferson County whose name is Henry Dixon. Says during the summer he has been principally at home. Went to Maryland he thinks in August; went by Harper’s Ferry. Forded the river at Harper’s Ferry. Found no enemy there. Went to Frederick; no force of the enemy there; saw some scattering ones. On his return was stopped by the enemy’s pickets, who would not permit him to cross the river. He went to several places and could not get across. He says those Southern men told him to wait, the Southern troops would soon be in Maryland. He waited three, four, or six weeks; then he ran the blockade. Crossed the river below Harper’s Ferry. Met a friend who brought him over. Does not remember the name of that friend. He was complaining of being stopped. This man took him aside, told him to wait till night and he would take him over. He took him over in a skiff. Says he left his horse with his mother. Says when he was at Frederick General Banks was once pointed out to him. Had no communication with any of the authorities of the enemy, civil or military. Denies he sent dispatches to Knoxville. In answer to questions he said Doctor Galleher represented himself to be a Northern man. Prisoner did not like to be bothered with Yankees. Does not remember what he told Galleher. Told him many stories to decoy him and have him arrested. Says he (prisoner) returned home in the latter part of September. Did not leave home to go any distance till he was arrested. Refers to the families of Benjamin Walker and Beaver to prove truth of this statement. Had no communication with anybody on the other side. On being asked if he had been offered a good place on the other side he said such an offer was made him in Jefferson. It was when Patterson’s command was in Jefferson. When he was at his cousin’s {p.1414} in Jefferson, Patterson’s army passed by. A man whose name he does not recollect offered him a good place. The offer was made at Halltown, above Harper’s Ferry. His cousin, Henry Dixon, lived in Halltown; another cousin, Joseph Dixon, lived three miles above there. Another man, Edmund Allen, a relation of his wife, lived in another part of the county. Says he was several days in Jefferson. Says the offer of a place in the army was made on the road. He passed a tent in which some officers of the enemy were. Some one told an officer to call him. This was on the way from Harper’s Ferry. The enemy’s army was camped all the way. Prisoner says he was on horseback in company with a man he did not know who was looking for a negro he had lost. Prisoner asked the officer if he did not want the man who was looking for the negro. The officer asked prisoner if he did not belong to Carter’s Loudoun Cavalry. Prisoner said he had belonged to it. Officer then asked him to go with them and prisoner refused. Says this was on his way home from Jefferson. It was in July, after his grain was stacked. Says he staid at home all the time after he was in Jefferson except one trip to Maryland. Went in latter part of July same route by Harper’s Ferry; forded the river; some troops at Frederick-cannot tell who commanded them. Passed the pickets at Harper’s Ferry. Told them he wanted to see his old mother. They let him pass through. Had no communication with them or any person connected with them. Staid five or six days. Came back the same way. This was after harvest and after militia came back home. Says he was in Maryland once before harvest, twice since; was twice in Jefferson, once when he visited his relations, once when he went to Maryland; then he stopped at his cousin’s. On this occasion says he met the Henderson home guard. They did not stop him; they did not know him; he knew some of them; had seen them at Halltown; does not remember any of their names; knew the mother and sister of one of the men; cannot remember their names. Says on his last trip to Maryland met an Irishman going to join the Southern army. Told him what road to take; cannot remember his name. As to Carter’s company says he was discharged at the time of the John Brown raid. The discharge was confirmed by the court-martial. Had Galleher’s affidavit shown him. He denied its truth. Says Galleher came twice to see him, and would not see him. Galleher conversed with Krantz’s wife. The third night he did see Galleher. Says he designed to have him arrested. He proposed to him to go to Circleville, but designed to take him through Fetterman where he could have [him] arrested. Galleher had prisoner arrested before he got to Fetterman. Prisoner says when he was in Maryland he was looked on as a Southern spy. Says he wrote to President Davis offering to procure information if a pass was given him. Says a party of Mead’s cavalry came to his house to arrest him, but he was from home; he had gone to buy shingles. He then wrote to General Evans offering to surrender himself if a pass was given him. Evans told Caldwell he had given him a pass. Says some men from Virginia formed a home guard in Maryland. Says Working did not join it and prisoner would not.

I have given this long statement of Krantz’s* examination, as it shows his inconsistencies and prevarications, and as the circumstances of his arrest were peculiar I think he should not be discharged.

S. S. BAXTER, Commissioner.

P. S.-I submit herewith a letter received from Krantz this morning.

S. S. B.

* See p. 1418 for supplemental report in case of Krantz.

{p.1415}

–––

RICHMOND, VA., January 20, 1862.

Hon. J. P. BENJAMIN, Secretary of War, Richmond, Va.

SIR: Early in May, 1861, I heard of the action of the Confederate States on the coast of Africa where I was then doing duty in the U. S. Navy. I immediately on hearing of the stand taken by the South resigned my commission in the Navy, but was not able to leave the station. July 16 being afraid that my former resignation had not been received I sent it in for the second time. On arriving in New York October 12, 1861, I received the official communication from the Secretary of the U. S. Navy that my name had been stricken from the rolls of the Navy. An oath of allegiance to the United States was then offered, on refusal of which I was sent to Fort Lafayette, thence to Fort Warren. On the 10th of January I was offered a parole of thirty days to come south and endeavor to effect an exchange with a designated person, namely, D. Connelly, of New York Volunteers. It was also stipulated that if said exchange was not procured I should-return to Fort Warren. I think it proper to state that I am not willing to accept this parole, and only did it after advice of many other older officers now prisoners in the fort. I am perfectly willing sooner than be an instrument of unfair exchange on part of the North to return to prison, however much I wish to do what is in my power for the good of the South.

I have the honor to be, very respectfully,

W. M. PAGE.

–––

RICHMOND, VA., January 20, 1862.

Hon. J. P. BENJAMIN, Secretary of War, Richmond, Va.

SIR: In consequence of the action of the Confederate States I resigned July 16, 1861, my commission as assistant surgeon in the U. S. Navy, at that time being on duty on board the U. S. sloop of war Saratoga, African Squadron. On arriving at New York October 12, 1861, I received a communication from the U. S. Navy Department informing me that my name had been stricken from the rolls of the U. S. Navy. I was then confined in Fort Lafayette, and thence transferred October 30, 1861, to Fort Warren, from which place I was released January 10, 1862, on parole for thirty days to be exchanged for Asst. Surg. C. S. De Graw, New York Volunteers [Eighth New York State Militia], captured July 21 at Manassas, and now on parole in New York City. I respectfully request that Asst. Surg. C. S. De Graw be released from his parole in order that I may be placed in a position to offer my services to the Confederate States.

I am, very respectfully, your obedient servant,

JAS. E. LINDSAY, Of Greensborough, N. C.

–––

WAR DEPARTMENT, Richmond, January 21, 1862.

Capt. H. M. BELL, Staunton, Va.

SIR: Your letter of the 15th instant concerning the two prisoners, Brooks and Smith, has been received. If those men are not citizens of any one of the Confederate States they had better be tried before a military court. If on the other hand they are citizens of the Confederate {p.1416} States they ought to be brought before the civil tribunals. Of course the necessary steps will be taken to have the attendance of the witnesses at the time of trial.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

–––

RICHMOND, January 21, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: The letter of Colonel Harness of the 12th January has been submitted to me and I have the honor to say that the examination of all the Hardy [County] prisoners able to appear had been conducted before its reception.

If injury has been done by discharging persons who ought to have been retained no one will regret it more than I will. It is true that no testimony except Wilhite’s was sent here, and no one stated by Wilhite to belong to the home guards was discharged. Wilhite standing in the place of a deserter who had joined the enemy in the piratical raid on Petersburg had on him the double guilt of perjury and robbery. His testimony was therefore received with much caution. But in every case in which he stated a man was a member of the home guard evidence was found either in the admissions of the prisoners or the statements of other prisoners to hold the parties.

In the course of the trials I called on Colonel Barber as a witness. Four messages were sent by me for Colonel Barber before he was found. He came before me on my call and as far as I could judge testified with candor and fairness. He certainly seemed to feel the injuries done him by Union men in driving him from his home, but gave his evidence as far as I could judge fairly and properly.

I know well the great value of Colonel Harness’ services to our cause in this region of the State, and therefore will say that in future I hope these services will continue to be rendered. But in all cases of suspected persons sent on here he will make his services more valuable if he sends on the charges on which they were arrested and affidavits of witnesses who are relied on to sustain the charges. This I think will be sufficient to authorize detention (when the causes of arrest are sufficient) without the delay and expense of sending witnesses. If prosecutions are ordered witnesses must be sent after the Secretary determines to prosecute.

I hope this expression of my opinions will be excused.

Respectfully, your obedient servant,

S. S. BAXTER.

[Inclosure.]

HDQRS. FOURTEENTH REGIMENT VIRGINIA MILITIA, Moorefield, January 12, 1862.

SECRETARY OF WAR, Richmond, Va.

SIR: Some time ago I arrested several Union men whom I sent to General Boggs who as I have learned were sent on to Richmond. I have recently learned that some of those sent by me and others arrested by other persons and sent to Richmond have been through the instrumentality of G. S. Barber released. We have been negligent in sundry evidence against those arrested by me, supposing that summonses would be sent here for witnesses. If subpoenas are sent witnesses can be {p.1417} sent on to prove the guilt of most of them. I merely suggest that before a discharge be made of any of the prisoners that means be taken to prove their guilt. We have no one to come forward as prosecutor and prosecute. ...

Most respectfully, your obedient servant,

WM. H. HARNESS, Colonel Fourteenth Regiment Virginia Militia.

–––

CONGRESS HALL, January 25, 1862.

Hon. J. P. BENJAMIN.

DEAR SIR: A case of much difficulty has recently arisen in Arkansas, and one I fear without remedy, but its importance demands that I should confer with you upon it. Some seventy-five men have been taken up and brought before the Confederate camp at Little Rock for treason. Before an investigation the judge and attorney believe a case can not be made out against them and they must be discharged, or on trial acquitted. While every one believes and feels and almost knows they are guilty yet the overt act can not be made out or proved. To turn them back upon the country thus would encourage them and their friends and dispirit all our own true and loyal citizens. The judge of the court suggests they had better be turned over to-the military authorities. There is no law for this that I know of, and there can be no concert of action between the civil and military authorities that I know of; and besides this the civil law still prevails and not the martial. On consultation with the Attorney-General he suggests the War Department alone can act on this matter. I called to-day to see you in relation to it but found your office closed, and I concluded to write to you so that you might give the matter its full and careful consideration due the subject; and I hope the magnitude of the subject will justify me in thus troubling you for it is of no small moment to our people in Arkansas. I should be glad to hear from you in full at an early day.

Yours, very truly, &c.,

A. H. GARLAND.

–––

NAVY DEPARTMENT, Richmond, January 28, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I have the honor to inclose herewith a copy of the parole of Mr. W. H. Ward, late a lieutenant in U. S. Navy, who resigned, was arrested and imprisoned for five months. Mr. Ward will take charge of any letters or dispatches you may have to forward to General Huger on the subject, and perform any other duty which you may require of him upon the subject of his exchange.

I am, respectfully, your obedient servant,

S. R. MALLORY, Secretary of the Navy.

[Inclosure.]

FORT WARREN, Boston Harbor, January 20, 1862.

I, W. H. Ward, a prisoner at Fort Warren, do pledge my word of honor that I will proceed without any unreasonable delay to Fort Monroe, Va., and thence by flag of truce to Norfolk, and that I will do no act hostile to the United States or convey any correspondence or information {p.1418} beneficial to the insurgents, and that I will return and surrender myself to the commanding officer at Fort Warren at the expiration of thirty days unless within that time Frederick B. Prime, captain of engineers, U. S. Army, be unconditionally released and put at liberty at Fort Monroe, in which event I may consider myself discharged from my parole.

W. H. WARD.

–––

Report of S. S. Baxter on cases referred back to him.

[RICHMOND, VA.,] January 29, 1862.

William H. Krantz.-I return the letter of H. W. Thomas and the letter of Krantz to President Davis, and the safe-conduct of General Evans given to Krantz. I also send in a letter received from Krantz and testimonials of his good conduct in prison. After examining and reflecting on these papers I cannot perceive they throw any new light on the case. In his examination Krantz stated he had written to President Davis asking a protection to go into Maryland, and stated Mr. Caldwell said General Evans had given Mr. Caldwell a letter of protection for him. These papers shed no new light on character and objects of Krantz’s visit to Maryland, or his communication with persons there, or on his conduct in Jefferson County while Patterson’s army was there. The conversations with Doctor Galleher took place after the date of General Evans’ protection. As well as I can recollect Doctor Galleher’s testimony is with the first. After anxious reflection I do not see that these papers seem to change my views of Krantz’s conduct as to justify any other recommendation than I have already made.*

In the case of William Working, heretofore examined, I submit a letter of Col. J. L. Davis and two letters, one from Judge Ward, judge of the Virginia judicial circuit in which Working lives, and one from Mr. McDonald. Colonel Davis says he can exhibit proof sufficient to execute Working as a spy. These proofs have not been exhibited to me and I cannot therefore report them. I believe Working was deeply involved in the efforts to induce the enemy to invade that part of Virginia, and I think Augustus Pach can give testimony which will be material; but what other witnesses might be summoned I cannot say. I regret Colonel Davis’ letter which was placed in the post-office only reached me last week. In reference to the letters of Judge Ward and Mr. McDonald I have to say they have not changed my opinion of the course that ought to be pursued with Working. But as it appears from Judge Ward’s letter that Working promises full disclosures if his statements will not be used to his prejudice, and as he may give valuable information of the mode of the enemy’s operations in that part of Virginia and in Eastern Kentucky, I will if approved by the Secretary examine him on condition that nothing stated by him on this examination and not stated before shall be used to his injury.

In the Pancoast case** I send a letter written to the Hon. C. J. Faulkner by George L. Pancoast, and sent to me by Mr. Faulkner. I do not see that this letter throws any light on the case.

S. S. BAXTER, Commissioner.

* See p. 1413 for Baxter’s report on Krantz.

** See case of Pancoast, p. 1530 et seq.

{p.1419}

–––

RICHMOND, February 3, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: Some four or five weeks ago I had the honor of communicating to you a memorial of sundry persons now held at West Point as prisoners of war. That memorial set forth certain grievances and asked relief. Having heard nothing from the Department over which you preside in reference to that communication I respectfully request to be informed what action if any has been had on the said memorial and what expectation the said memorialists may longer indulge of having their condition corrected, and I have the honor to be,

Your most obedient servant,

A. JUDSON CRANE.

[Indorsement.]

Have inquired into the matter and find that they have been communicating with the enemy and cannot safely be discharged while our troops occupy the Peninsula.

[J. P. BENJAMIN.]

–––

WAR DEPARTMENT, Richmond, February 3, 1862.

A. J. CRANE, Esq., Richmond, Va.

SIR: In reply to your letter of the 3d instant the Secretary of War directs me to say that he has inquired into the matter to which you refer and finds that the persons held as prisoners at West Point have been communicating with the enemy and cannot safely be discharged while our troops occupy the Peninsula.

Respectfully,

A. T. BLEDSOE, Chief of Bureau of War.

–––

RICHMOND, February 5, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: I have the pleasure to inform you that all the citizen prisoners now confined here have been examined except three waiting further proof and three who are to be exchanged. In the course of these examinations matters have come to my knowledge in relation to matters in Western Virginia which make me desire a brief conversation with the Secretary at such time as he may appoint.

Very respectfully,

S. S. BAXTER.

–––

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., February 8, 1862.

Hon. J. P. BENJAMIN, Secretary of War.

SIR: Mr. W. H. Ward, late lieutenant, U. S. Navy, was released on parole for thirty days from Fort Warren on condition that within that time Capt. F. B. Prime, U. S. Army, be sent to Fort Monroe. As Capt. J. T. Drew, Second Vermont Regiment, had been offered for Mr. Ward this proposal was declined. I now find that the condition upon which Mr. Ward was released was made several days before my offer of Captain Drew and therefore he ought to return to Fort Warren unless Captain Prime is sent in his stead. As the exchange of Captain Prime for Mr. Ward is a fair one I will inform General Wool that Captain Prime will be sent to him as soon as he can arrive at this place, {p.1420} and I beg that you will direct Captain Prime to be sent here. Captain Drew will be exchanged for one of the captains now on their way here from Fort Warren.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

–––

HEADQUARTERS FORTY-FIFTH VIRGINIA REGIMENT, Mercer County, Va., February 17, 1862.

General S. COOPER, Adjutant and Inspector General.

GENERAL: Your attention is called to the fact that in Raleigh, Fayette and the neighboring counties the U. S. forces are carrying off citizens in large numbers as prisoners of war; not only those who sympathize with and are loyal to the Confederacy but also many of the Union men.

I am of the opinion that these men are taken prisoners with a view to their being exchanged for their prisoners of war now in the custody of the Confederate Government. This opinion is strengthened by the late action of the Federal Government in seeking an exchange of prisoners in greater numbers than heretofore.

I deem this subject of sufficient importance to call your attention to the matter in order to guard the Confederate Government from having the men thus taken imposed on them in exchange for prisoners of war taken in arms against the Confederacy.

I am, very respectfully, your obedient servant,

WM. E. PETERS, Lieutenant-Colonel, Commanding Forty-fifth Virginia Regiment.

–––

PROCLAMATION.

Whereas the Congress of the Confederate States has by law vested in the President the power to suspend the writ of habeas corpus in cities in danger of attack by the enemy:

Now therefore I, Jefferson Davis, President of the Confederate States of America, do hereby proclaim that martial law is extended over the cities of Norfolk and Portsmouth and the surrounding country to the distance of ten miles from said cities, and all civil jurisdiction and the privilege of the writ of habeas corpus are hereby declared to be suspended within the limits aforesaid.

This proclamation will remain in force until otherwise ordered.

In faith whereof I have hereunto set my hand and seal at the city of Richmond on this 27th day of February, in the year of our Lord one thousand eight hundred and sixty-two.

JEFFERSON DAVIS.

–––

WAR DEPARTMENT, Richmond, Va., March 5, 1862.

Maj. Gen. B. HUGER, Norfolk, Va.

SIR: Martial law having been declared in Norfolk under the President’s proclamation he desires me to call your attention to the various measures which he hopes will at once be vigorously executed:

First. Some leading and reliable citizen to be appointed provost-marshal in Norfolk and another in Portsmouth. In the former city he suggests the mayor, said to be a zealous friend of our cause.

Second. All arms to be required to be given up by the citizens; private arms to be paid for.

{p.1421}

Third. The whole male population to be enrolled for military service; all stores and shops to be closed at 12 or 1 o’clock and the whole of the citizens forced to drill and undergo instructions.

Fourth. The citizens so enrolled to be armed with the arms given up and with those of infantry now in service at batteries.

Fifth. Send away as rapidly as can be done without exciting panic all women and children and reduce your population to such as can aid in defense.

Sixth. Give notice that all-merchandise, cotton, tobacco, &c., not wanted for military use be sent away within the given time or it will be destroyed.

Seventh. Imprison all persons against whom there is well-grounded suspicion of disloyalty.

Eighth. Purchase all supplies in the district that can be made useful for your army, allowing none to be carried away that you might want in the event that the city is beleaguered.

In executing these orders you will of course use your own discretion so to act as to avoid creating panic as far as possible.

Your obedient servant,

J. P. BENJAMIN, Secretary of War.

–––

[For various proclamations and orders suspending civil jurisdiction and the writ of habeas corpus, see Series I, Vol. X, Part II, pp. 298, 402,484, and Vol. XI, Part Ill, p. 386.]

–––

NEW ORLEANS, LA., March 12, 1862.

JEFFERSON DAVIS, President:

In our opinion the writ of habeas corpus should be suspended immediately in New Orleans. We beg that you will declare martial law here at once, or authorize General Lovell to do so. Answer.

THOMAS O. MOORE, Governor. E. W. MOISE, B. Judge. M. LOVELL, Major-General.

–––

RICHMOND, VA., March 13, 1862.

Governor THOMAS O. MOORE, New Orleans, La.:

You are requested to proclaim martial law in my name over the parishes of Orleans, Jefferson, Saint Bernard and Plaquemine.

JEFFERSON DAVIS.

–––

AUDITOR’S OFFICE, April 10, 1862.

S. S. BAXTER, Esq.

SIR: At your instance I commit to writing my knowledge of the remaining prisoners from Fairfax County who are to undergo an examination:

James O. Wren is a native of that county and has lived all his life in that and the adjoining counties, the most of the time in Fairfax. I have known him upward of twenty-five years. He is a very respectable man and a good citizen, free from difficulties and reliable. He voted {p.1422} for the ordinance of secession and I should suppose is as loyal and true as any man in the country.

Cornelius White is from the North. He has been living in Virginia for some twelve or fifteen years. He is the owner of a farm near the Court-House and is regarded by all who know him as a harmless, inoffensive man. He has frequently spoken to me of his position in reference to our present difficulties and he has uniformly declared that he regarded himself as identified with the South and that he would share its destiny. I remember that last summer whilst the army was in the neighborhood there was a general suspicion of the Northern men and this old man at my instance, with a view of releasing himself from suspicion, took the oath of allegiance to the Confederate States. I do not think that he would violate that obligation.

Mr. I. Wybert is from the North. He is the owner of a farm. Is a steady, industrious man and since he has been in Virginia, near some ten or twelve years, he has always borne the reputation of a good citizen and a reliable man.

I am, sir, very respectfully,

H. W. THOMAS.

[Indorsement.]

I have known the persons referred to by Mr. Thomas in the foregoing statement for some years. They all reside in the county of Fairfax and are owners of property there and are respectable men and good citizens. I had a conversation with Mr. Wybert last summer in which he stated that all his interests were in Virginia and that he would stand by the South. I concur generally in the statement of Mr. Thomas.

O. W. HUNTT.

–––

ORDERS, HDQRS. No. 530.}

LOUISIANA MILITIA, ADJT. GEN.’S OFFICE, New Orleans, April 12, 1862.

I. Information having been given to the governor and commander-in-chief that secret meetings of disloyal men in the parishes of Natchitoches and Sabine, and that societies and clubs exist composed of citizens of those parishes who deny any complicity in our present revolution but assert a desire to restore the Union and commit sundry other acts of disaffection and disloyalty to the present Government, Brig. Gen. John B. Smith, commanding the Tenth Brigade, will ascertain the chiefs among these men-those who have been conspicuous and diligent in enticing others into the snare and leading them on to the avowal of these treasonable schemes. He will cause the arrest of the ringleaders and send them to these headquarters under a sufficient guard, and will if deemed necessary try and properly punish those who have been less active.

II. Maj. Gen. John L. Lewis, commanding State militia, will issue an order to Brig. Gen. John B. Smith without delay.

By order of Thos. O. Moore, governor and commander-in-chief:

M. GRIVOT, Adjutant and Inspector General.

–––

WAR DEPARTMENT, Richmond, April 16, 1862.

Brig. Gen. JOHN H. WINDER, Commanding, &c., Richmond, Va.

SIR: You will cause the three French officers, De Beaumont, Cypreini and Vifguerin, to be carried before the court of inquiry now in session {p.1423} under an order obtained if necessary from the Adjutant-General.

The inquiry with respect to them may be the same as in the case of political prisoners.

Very respectfully,

GEO. W. RANDOLPH, Secretary of War.

–––

HEADQUARTERS, Knoxville, Tenn., May 2, 1862.

J. R. TAYLOR, Esq., Deputy Provost-Marshal for Bradley and Polk Counties.

SIR: Your favor of the 30th ultimo has been received. I sent you some blank passports yesterday. In reference to parties visiting the near towns or border counties of Georgia for a few days you can issue them upon your own responsibility-but would advise you to be very rigid in questioning such applicants. When application is made for passports to visit any other State they must be referred to these headquarters. If you find parties from other districts you must demand their passports. If they have none they must satisfy you of their standing. If they know no one in your district and are suspicious characters they must refer you to some party in their own district to identify them. Make no arrests unless you are forced to do so by urgent necessity. Use your power with delicacy yet firmness; keep yourself well posted as regards the movements of suspicious Union men, and any important event transpiring communicate to these headquarters. If you should need any assistants report to me the names of efficient soldiers stationed or in your district on furlough. The salary of your office has not as yet been determined. Your rank is deputy provost-marshal. Allow no soldiers to be in your district (unless on duty) without a furlough. If you find any arrest and report to this office. In no case grant passports to persons desiring to pass toward the enemy’s line. Keep an account of your postage till we get fully organized.

Respectfully,

W. M. CHURCHWELL, Colonel and Provost-Marshal.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, OFFICE PROVOST-MARSHAL, Knoxville, May 7, 1862.

J. R. TAYLOR, Deputy Provost-Marshal, Cleveland, Tenn.:

Yours of the 6th instant by Captain Jones is to hand. You will call on the captain of cavalry at Cleveland to assist Captain Jones to arrest any of his own men and to arrest any citizen that is endeavoring to persuade soldiers to desert their companies and join the enemy when the proof shows that they are doing it. You will not allow men that have been to Kentucky to return home for the purpose of getting men to return there with them. As regards whisky I refer you to the proclamation of General Smith.

Respectfully,

W. M. CHURCHWELL, Colonel and Provost-Marshal. By H. M. BEARDEN, Assistant Provost-Marshal.

{p.1424}

–––

HEADQUARTERS, Knoxville, Tenn., May 8, 1862.

Mr. JOHN L. M. FRENCH, Chattanooga, Tenn.

SIR: Your favor of the 5th instant is to hand. The political prisoners you mention can be released under the consideration that they will each give a bond (a copy* of which I inclose you) signed by a good Southern man, provided such prisoner or prisoners have not heretofore taken the oath of allegiance to the Southern Confederacy. Of course you must require good Southern men to indorse the bonds and return same to these headquarters.

Respectfully,

W. M. CHURCHWELL, Colonel and Provost-Marshal.

* Not found.

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, Office Provost-Marshal, May 11, 1862.

Hon. R. M. BARTON.

DEAR SIR: I shall issue a circular in a few days to deputy provost-marshals by order of the major-general commanding suspending the operation of the conscript bill in East Tennessee. I have an idea to order the deputy provost-marshal in every county or district to have a deputy in every civil district to administer the oath of allegiance at the coming judicial election. What do you think of it? Will not this enable us to see really who are with us and who against us?

Respectfully, your friend,

W. M. CHURCHWELL, Colonel and Provost-Marshal.

–––

WAR DEPARTMENT, Richmond, May 13, 1862.

Brig. Gen. JOHN H. WINDER, Richmond, Va.

SIR: You will dispose of the prisoners named as follows: J. W. Butler, to be turned over to Governor Letcher as a prisoner of the State of Virginia; J. Murphy, to be retained as a prisoner-William Follyn, to be discharged upon taking the oath of allegiance and volunteering; William Marsh, to be discharged upon taking oath of allegiance and volunteering; Coleman R. Brown, to be confided to his daughter on taking the oath of allegiance and on giving his parole not to go within the lines of the enemy, and transportation be furnished to his daughter and himself to his son’s family; W. H. Churchill, to be permitted to volunteer; W. H. Hooper, to be permitted to volunteer; J. P. Mitchell, to be permitted to volunteer; A. Norton is a wagon maker, to be put to work as you or the Ordnance Bureau may approve; Matthias Spoo, to be permitted to volunteer; P. C. Staffey, to be permitted to volunteer; J. Wilson, to be permitted to volunteer; Evan Wilhill, inquiry to be made to ascertain his sentence; Charles Parrington, to be held as a prisoner of war; William Sherry, to be held as a prisoner; William Cruikshanks, to be discharged upon taking the oath of allegiance; John W. Cruikshanks, to be discharged, but he is subject to the conscription act; William Martin, to be discharged upon taking the oath of allegiance; Austin A. Rine, to be discharged upon taking the oath of {p.1425} allegiance; J. F. Cutlip, to be discharged upon taking the oath of allegiance; S. B. Cutlip, to be discharged upon taking the oath of allegiance and volunteering; S. W. Cutler, to be discharged upon taking the oath of allegiance; J. Douglas, to be discharged; John Davis, to be discharged upon taking the oath of allegiance; G. W. Miller, to be sent to General Lee; Wickham Dixon, to be discharged upon taking the oath of allegiance and to be employed as a shipbuilder; J. Owen, to be discharged on taking the oath of allegiance and to be employed as a shipbuilder; Samuel Trader, to be discharged on taking the oath of allegiance and to be employed as a shipbuilder; J. W. Dixon, to be discharged on taking the oath of allegiance and to be employed as a shipbuilder; Michael Dixon, to be discharged on taking the oath of allegiance; William Gladstone, to be discharged on taking the oath of allegiance and to be employed as a carpenter or to volunteer; John Monroe, to be discharged on taking the oath of allegiance; Samuel Gordon, to be turned over to Governor Letcher as a State prisoner; George Ryan, to be held as a prisoner; Joseph Snapp, to be permitted to volunteer; Peter Couse, to be held as a prisoner; Thomas N. Fisher, to be permitted to volunteer in the Eighth Virginia Regiment, where he has relations; William Stallins, to be permitted to volunteer; Daniel Hunt, to be discharged on taking the oath of allegiance; Elias Love, to be held as a prisoner; John Rowzie, to be discharged on taking the oath of allegiance; Samuel T. Walker, to be discharged on taking the oath of allegiance; Daniel Watkins, to be held as a prisoner; William P. Speer, to be discharged on taking the oath of allegiance and agreeing not to go to our lines or encampments; Isaac Wybert, to be held as a prisoner; James Oscar Wren, to be discharged on taking the oath of allegiance and agreeing not to go to any place in the vicinity of our camps; C. White, to be discharged on taking the oath of allegiance; W. P. Flood, to be discharged on taking the oath of allegiance; James E. McCabe, to be discharged on taking the oath of allegiance; William Ayres, to be held as a prisoner of war; E. Githen, to be held as a prisoner of war; Daniel Paterson, to be held as a prisoner of war; B. F. Copeland, to be held as a prisoner of war; F. B. Coburn, to be held as a prisoner of war; John Hale, to be permitted to volunteer and to be turned over to Colonel Baldwin of Fifty-second Regiment Virginia Volunteers; John Beary, to be permitted to volunteer and turned over to Colonel Baldwin, &c; John Swank, to be permitted to volunteer and to be turned over to Colonel Baldwin of Fifty-second Regiment Virginia Volunteers; Samuel Berry, George W. Swisher, Albert Michael, James Jacobs, Charles Rodgers, J. Showalter, D. H. Myers, Samuel W. Hale, Jacob Neuwander, Manasseh Heatwoh, Henry M. Wanger, Jacob Quick, John Huff, Daniel Frame, S. Sawger, Rush Rhodes, John Swisher, John McCulley, Jacob F. Semmes, James W. Pullen, Preston S. Humbert, Jacob Sinter, Jacob Wanger, to be permitted to volunteer and to be turned over to Colonel Baldwin of Fifty-second Regiment Virginia Volunteers; C. H. Kellogg, to be placed on his parole not to give information of any kind of anything he may see here, to be permitted to have the liberty of the city under police surveillance.

Your obedient servant,

A. T. BLEDSOE, Assistant Secretary of War.

{p.1426}

–––

HEADQUARTERS DEPARTMENT OF EAST TENNESSEE, OFFICE PROVOST MARSHAL, Knoxville, Tenn., May 13, 1862.

J. H. HUFF, Depot Agent, Red Clay, Ga.:

Citizens of your State wishing to visit any station on the East Tennessee and Georgia Railroad south of this place can do so upon your written certificate of their loyalty to the Confederate Government.

W. M. CHURCHWELL, Colonel and Provost-Marshal.

–––

WAR DEPARTMENT, Richmond, May 15, 1862.

Brig. Gen. JOHN H. WINDER, Commanding Department of Henrico, Richmond, Va.

SIR: You will dispose of the prisoners named below as follows: Burnham Davis, to be discharged upon taking the oath of allegiance; L. Garing, to be held as a prisoner; A. Heflin, to be discharged and employed as a carpenter if there be work for him; J. Light, to be held as a prisoner; E. Lambert, to be discharged and sent to Colonel Baldwin on taking the oath of allegiance and be permitted to join some regiment in Jackson’s brigade; James B. Lambert to be discharged upon taking the oath of allegiance; S. Morris, to be retained; Thomas Meeks, to be held as a prisoner of war; H. Powell, to be permitted to volunteer in the Tenth Virginia Regiment on taking the oath of allegiance; William C. Smith, to be held as a prisoner; George Young, to be held as a prisoner; Henry Yancey, to be discharged upon taking the oath of allegiance and pledging upon his parole of honor not to visit our frontier until the conflict is over; L. C. Mains, to be held as a prisoner.

Very respectfully, your obedient servant,

A. T. BLEDSOE, Assistant Secretary of War.

–––

KNOXVILLE, May 19, 1862.

Col. W. M. CHURCHWELL, Provost-Marshal.

SIR: As per your order of the 13th instant I proceeded to Madison, Ga., and released the prisoners whose signatures are appended to the oath I herein* hand you. My instructions were to “release no man who had before taken the oath;” and to discriminate between those that had or had not taken the oath, I had this oath administered to them:

That you shall make true answers to the questions I shall ask you in reference to your having taken an oath to support the constitution of the Confederate States of America. So help you God.

I then asked them if they had taken said oath and in every case was answered in the negative. As soon as they had all taken and signed the oath as per orders I turned them all over to Mr. T. J. Jarnagin. In looking over my list I found that several were never there, several are dead, and some have volunteered; and I would advise that a statement be made by Captain Calhoun of all the prisoners that are or have been there-when released and by whose order. I find also their sanitary condition to be extremely bad. There are a great many sick and {p.1427} no physician to attend them that is at all skilled. My expenditures on the road amounted to $8. I consulted with the prisoners before their release but could find out nothing important enough to include in this report.

The above report, colonel, is respectfully submitted.

H. M. BEARDEN, Lieutenant, Company D, Thirty-ninth North Carolina Troops.

* Not found.

–––

WAR DEPARTMENT, Richmond, May 21, 1862.

Brig. Gen. J. H. WINDER, Richmond, Va.

SIR: You will dispose of the prisoners named below as follows: Henry Yancey to be retained as a prisoner; Wyatt, Romines and Levins to be released in exchange for the following citizens of Kanawha County who are now on parole and threatened to be rearrested if Wyatt, &c., are not discharged: Alexander T. Laidly, J. D. W. Clarkson, R. W. Clarkson, John P. Anderson, Perry A. Groves.

Very respectfully, your obedient servant,

A. T. BLEDSOE, Assistant Secretary of War.

–––

Memoranda of Various Political Arrests-From Reports of Confederate Commissioners.

J. Allison Eyster.-He is a Pennsylvanian and a resident of Chambersburg. He is a wealthy merchant, well known in Baltimore; addicted sometimes to intemperance. He voted for Lincoln, but declares that he was entirely opposed to the war. He acted as a sutler in some sort to Patterson’s army, selling it a large amount of goods on account of which there is still due to him he says about $11,000, to collect which he says he followed that army into Virginia, where he was arrested at the instance of his connection, Jonas Chamberlin, of Frederick County, whose affidavit is herewith returned. Chamberlin says that Eyster came to his house very drunk, and came into Virginia in a drunken frolic under Patterson’s pass. I see no reason to detain Eyster unless as a hostage for the safety of our people who are in the hands of the enemy.

...

Thomas Roberts.-He was a member of the Wheeling Convention of May, 1861. He is impenitent, and says that he will not now take the oath of allegiance to the Confederate States. He ought to be turned over to the State authorities to be tried for treason against Virginia, or indicted in the Confederate court at Richmond for treason against the Confederate Government. The first would perhaps be the safest course.

...

A. H. Lee.-He was arrested in Maryland as a spy and sent over at Mathias Point. He is by birth a Northern man. His wife he says was born in Virginia near Occoquan. After much cross-examination and evasion on his part he finally confessed that he was in the pay of the Lincoln Government as a painter in the navy-yard at $40, and was sent by Captain Dahlgren down to Port Tobacco, in Maryland, to look around and report as to persons and things crossing at Mathias Point to Virginia. He ought to be detained.

...

{p.1428}

Solomon Banks.-A free negro of very light complexion; was arrested near Bethel on the day of the battle. He says that he just returned from Pig’s Point where he had been at work on the fortifications; denies all complicity with and sympathy with the enemy, and says that he supposes he was taken for a white man. There is nothing before me to attach any suspicion to him except the mere fact of his arrest and commitment, and I recommend his discharge unless some further evidence be adduced against him.

...

Arnold Harris.-The Government is in possession of the main facts of his case. Nothing new appeared before me except some testimony confirmatory of the truth of the declarations of Harris that he is entirely loyal to the South in which he was born. His family and connections are in Kentucky. Upon the evidence before me I recommend his discharge as an act of justice as well as policy.

...

H. Magraw.-The Government is in possession of the facts of his case also for the most part. The additional testimony before mime consisted, first, of the statements and declarations of the prisoner that he is now and always has been a Democrat of the Southern school; always opposed to Lincoln and his party and their principles; a justifier of the right of secession and of the exercise of it by the Southern States, and the opponent at all times of coercion. The Hon. Howell Cobb, Clayton and Robert Tyler, esqrs., were summoned before me and examined at the instance of time prisoner, and they all testified strongly and without qualification in favor of the high personal character of the prisoner and in confirmation of his statements. Mr. Tyler’s testimony came down to a very late period before he was driven from Pennsylvania. The prisoner now declares that it was his purpose to return to his native State of Maryland to reside and that he will not live under the Northern Government, and adds that if his imprisonment can in any manner benefit the Southern cause is willing to continue in confinement. He was a contractor for transportation under Mr. Buchanan, and his contract was renewed by General Joseph E. Johnston while he was acting as Quartermaster-General of the United States after the election of Lincoln. I recommend the discharge of Mr. Magraw.

...

Ruel Thomas and Leander Mank.-Common laborers who have been employed for several years in getting timber on the Pamunkey and Mattapony Rivers in Virginia for Yankee employers. They are Yankees from Maine and were arrested on the Rappahannock on the way home, as they say. One of them seems to be a shrewd fellow. Their employer has been permitted to go home, they say, by way of Nashville since they have been in prison, but he was ignorant of their confinement. No act of impropriety is alleged [against] the prisoners, and I see no reason for their detention unless the Government chooses to detain them as hostages. If discharged they should be paroled.

...

O. C. Staunton.-A deserter from Mott’s U. S. artillery which he says he joined in Baltimore because he heard it was coming into Virginia, and he could thus cross the lines and then desert. That company was stationed, however, at the north end of the Chain Bridge and did not come into Virginia, and he deserted across the Eastern Branch of the Potomac and got to Mathias Point, where he crossed into Virginia {p.1429} and delivered himself to General Holmes, by whom he was permitted to go to Fredericksburg where he joined a volunteer company then being raised. He has been a skipper on the Southern coast. Says he married in North Carolina and has a child now living there, his wife being dead. There is nothing before me showing any charge against him, and I recommend that inquiry be made of General Holmes why he was sent to Richmond, and unless something be shown against him that he be discharged unless it be deemed proper to detain him as a hostage.

...

L. L. Widgen.-Says that he is a New Yorker by birth but a resident of Richmond, where he enlisted in Peyton’s artillery, now under General Magruder. He says he has been tried and punished for resisting his captain; but he does not know and there is nothing before me to show cause why he has been imprisoned. It seems to me that his captain ought to be required to account satisfactorily for his imprisonment or take him back to duty.

...

Thomas Alexander.-A native of Hampshire County, Va. Says that he was a member of Capt. E. M. Armstrong’s company and was taken prisoner at Romney and paroled. He went to the army at Winchester and was told he had better come to Richmond to get employment as he could not fight. He knows no reason for his imprisonment and there is no charge against him. I recommend that he be liberated and employed.

...

Benjamin Gemeny.-A Virginian professing to reside in Baltimore. He was arrested as a dangerous and traitorous person. See Mr. Beale’s statement herewith filed. The examination of the prisoner satisfied me that he was a spy and ought to be detained therefor.

...

Allen Leonard.-Says that he is a New Yorker by birth but a resident engraver of Richmond. He is a fool. A crazy Union man who was arrested and committed for expressing a strong desire for reunion. He says that he is utterly opposed to war and equally opposed to disunion; that he was [for] reunion but he cannot conceive how it is to be accomplished. He says that Major Tomlin arrested him at West Point. It may be well to inquire of Major Tomlin why he arrested him. I think the man more fit for a lunatic asylum than a jail.

...

Jonathan T. Bingham.-By birth a Pennsylvanian; resides near Vienna; sixty-four years old; professes entire loyalty. Colonel Cash, of the [Eighth] Regiment South Carolina, testifies strongly in his behalf as to his kindness to his regiment. I see no reason to detain him. Col. H. W. Thomas also certifies in his favor. Took the oath of allegiance to the Confederate States.

...

William Woodworth.-By birth a New Yorker; fifty-seven years old; resides near Lewinsville; owns 100 acres of land; professes entire loyalty; took the oath of allegiance. I see no reason to detain him.

...

Abraham Lydecker.-Forty-eight years old; native of New Jersey; has been a resident at Vienna; is keeping a store; not prepared to say that he will remain in Virginia or to take the oath of allegiance. He is charged with improper dealing with the enemy. He denies it, but I think he is an alien enemy. He owns some personalty but no realty.

...

{p.1430}

William Hurst.-Twenty years of age; a native of Fairfax where his father resides. No proof of anything to justify his detention.

...

Henry Kernoll.-Sixty-nine years of age; native of New York; has resided twelve years in Fairfax County; owns 223 acres of land; has a pass from S. S. Tompkins, Army of the Potomac, which I inclose. He says that Tompkins is one of our officers. If so, I think he ought to be discharged.

...

Dwight J. Partello.-Native of New Jersey; twenty years of age; was engaged selling newspapers from Richmond at Manassas when he was arrested. His father lives in Maryland, but is, he says, from New Orleans. He has two sisters married and residing in Richmond, one of whom was before me. No charge against him. He was at one time employed in the laboratory here, under Smith, and honorably discharged. Took the oath of allegiance. I see no reason to detain him.

...

Simon Schermerhorn.-Native of New York; forty-five years of age; a cripple; for aught that appears before me his arrest and confinement were cruel. He was arrested near Yorktown by a guard and never examined. He has some children here and some in New York, and some property there. Prefers to remain in Virginia if he can do so without losing his property at the North.

...

William Belvin.-Native of Virginia; of Gloucester; oysterman, twenty-seven years old; has three brothers in our army at Gloucester Point; a married man; no charge against him. He ought to be discharged.

...

Benjamin Kimball.-Fifty-five years of age; native of Maine; resident of New Market, Elizabeth City County; married and has four children. His wife was a widow with children, and one of her sons, a Virginian, in our army. Belvin married his daughter; an oysterman; took the oath of allegiance; no charge against him. I think he ought to be discharged.

...

Joseph Rollins.-A native of York County. No charge against him. He ought to be discharged.

...

Ludwig Hesse.-A German; forty-one years of age; came to America in 1849; naturalized citizen. Took the oath of allegiance to the Confederate States. Has been confined six weeks. A resident of Martinsburg, where he has property. I think he is a fair man, and was arrested in part because of a personal quarrel and in part because of the prejudice against foreigners. I think he should be discharged.

...

George W. Pracher.-A native of Jefferson County, Va. I think he is a knave. The evidence against him if true convicts him of actual treason, and if it be false there is no legal cause for his detention. He should be turned over to the proper tribunal for trial for treason against the Confederate Government.

...

John Fleming.-A native of Berkeley County, Va.; thirty-seven years old. There is no specific charge against him, and no proof of any kind. {p.1431} He professes entire loyalty and denies that he ever had any communication with the enemy directly or indirectly.

...

John H. Larhhorne.-Native of Berkeley; poor; nearly blind; was educated by the State; charged with abusing a pass and carrying a letter to some person in Maryland. He says that the letter was from his sister-to her husband, a mechanic in Maryland. He professes entire loyalty; says that he is grateful to Virginia for his education, and would join the army if he was not blind.

...

Charles Walker.-A native of England; twenty-two years old; arrived in New York in May and went to Old Point as the groom of Colonel Allen. Upon the Queen’s proclamation asked to be discharged; was refused, and escaped. He was arrested, brought to Richmond, and discharged; went to work in Crenshaw’s factory; broke his arm, and when well went to Gloucester Point to join the Fayette Artillery, and was arrested; wishes now to join the army.

...

Peter L. Anderson.-Forty years of age; native of Greenbrier County, Va.; a married man; farmer, with four children; owns 336 acres of land; arrested at his home in Fayette County. No charge; no proof. Professes entire loyalty, and if guilty of anything, it was desertion from the militia under Colonel Beckley.

...

William Warkup.-Native of Greenbrier County, Va.; married man; farmer, owns 100 acres of land. No charge; no proof; professes entire loyalty; says he was arrested because he expressed the opinion that the Confederate troops then in the Valley of the Kanawha would be driven out (as they were).

...

Jesse Fuller and Alexander Fuller.-Brothers; twenty-four and twenty-two years old; native of Montgomery County; were arrested in Fayette, where they reside. Have a wounded brother in the hospital at Charleston, Va., and had been to see him, and were returning home when arrested. They profess entire loyalty. No charge; no proof of anything.

...

Hardman Dickens.-Native of Raleigh County; no charge; no proof; professes loyalty. The foregoing nine men ought in my opinion to be discharged, and I respectfully suggest that a general order be issued forbidding suspected persons to be brought to Richmond until they have been examined by a colonel at least, who, if he sends them on, shall certify the charge and the evidence. At present the practice is for any scouting party or other party of soldiers to take a man from his home, very often without telling him, and without examination he is sent to Richmond, in some cases a distance of 350 miles, without even a change of clothing, and when the poor creatures are discharged here they are utterly penniless. Such a practice is as it seems to me wholly unjustifiable. It subjects the Government to great unnecessary expense and tends to produce dissatisfaction among the people. I would further suggest that the order should also apprise these people that giving or selling supplies to the enemy or giving them information is treason, and when one is arrested on such a charge and there is proof of it let him be sent to the jail in the district in which he is to be tried. The War Department will thus be saved much trouble, the Government much expense and the people protected from oppression.

...

{p.1432}

H. H. Smith.-Native of New York twenty-seven years of age; a printer; a smart knave, and an alien enemy of bad intent.

...

Thomas Williams.-Native of Ohio; fifty-seven years old; Union man; professes loyalty; arrested in Boone County, Va.; has resided in Virginia since he was fifteen months old. Boat builder and lumber getter; took the oath of allegiance. No charge; no proof; owns 269 acres of land.

...

David Williams.-Son of Thomas; twenty-two years of age; Union man; cultivates rented land; married man; has a brother serving under General Floyd; took the oath of allegiance.

...

J. W. Cole.-Native of Floyd County; twenty-four years of age; blacksmith; Union man; has a brother serving under General Floyd; took the oath of allegiance; no charge.

...

James Cantley.-Native of Monroe County; resides in Boone; farms his own land; 100 acres; Union man; took the oath of allegiance; no charge; no proof. I respectfully recommend that these men be discharged.

...

Henry B. Bagby.-A lad seventeen years old; a Virginian, having relations and property here. His relations are highly respectable. His father is a claim agent residing in Alexandria County, about four miles from Washington. He was on a visit to his father when the Federal picket retreated, and he was captured by our picket. I see no reason for detaining him.

...

John S. Bower.-The Adjutant-General has directed him to be discharged upon taking the oath of allegiance. I had previously examined the prisoner and think the discharge correct, and have caused the prisoner to take the oath, which is herewith returned, but I can find no law for it.

...

W. H. Byrd.-He is a native of Georgia; his wife a Philadelphian. Up to the 31st of August last he was Auditor of the War Department in the Railroad Department of Lincoln’s Government. I have examined him very carefully, and my present impression is that he is a very bad person and a spy. Further evidence which will throw much evidence upon his status can be had from Augusta, and I recommend that he be detained for further examination, when I will report in detail upon his case.

...

M. A. McClung, Alexander McClung, John W. O’Dell, Thomas A. Ramsay, Anthony Rader, Thomas Haywood.-Can find nothing in my opinion to justify their detention. The first two were sent down from General Floyd’s brigade, but as they allege without his knowledge and without any specific charge against them, and none is made here except that they are suspected of disloyalty. The first, M. A. McClung, says that he is a secessionist and was arrested only because he was passing through General Floyd’s camp to visit his brother in General Wise’s camp the day before the battle of Cross Lanes, because as he was told no one could be allowed to leave that camp until after the battle which was then expected, and when after the battle the prisoners were sent down he was sent along without examination. The other four were {p.1433} Union men but all deny any complicity with the enemy; profess the utmost loyalty to the Confederate Government and their readiness to take the oath of allegiance if required to do so. They all reside near Summerville, and two of them, A. McClung and J. W. O’Dell, say that they passed once through the enemy’s camp because it lay on the path of their avocations, and they were moreover curious to see the enemy’s army under Tyler, and one of them, A. McClung, says that he exchanged some butter for coffee, giving eighteen pounds of butter for nine pounds of coffee. They are all Virginians, ignorant, illiterate and very simple-minded. The sixth person, Haywood, says that he is a sailor who was caught in Norfolk by the blockade, and crossed in an open boat to Warwick where his father resides with a view to join the army, and on his way home after landing he was caught and imprisoned. There is no charge against him.

...

Dr. M. S. Rossvally.-He appeared to have been arrested under the representations of persons who were strongly excited against him in consequence of imputed personal delinquencies and a mistake or misapprehension of facts. He appeared to have been an assistant surgeon of the Confederate army and to have been authorized by the Government to visit Washington for purposes of information. He went under the assumed name of Lewis, and with the aid of a connection then in the Federal army he visited all the fortifications on the Potomac, bringing with him in disguise the son of Mr. Thomas Green, now in our army. He professes the utmost loyalty and there is nothing before me to impeach it. On the contrary he has taken the oath of allegiance and everything tends to sustain him. I think he ought to be discharged.

...

Felix S. O’Dell.-He is a native of Nicholas County, Va. He says that he is twenty-six years of age. Is a farmer owning 200 acres of land. That he went to General Floyd’s camp to carry clothes to his father (who had been examined and discharged) when he was arrested. He denies all connection or communication with the enemy; professes entire loyalty and took the oath of allegiance. There is no testimony against him. Think he ought to be discharged.

...

Augustus Tappin.-A native of York County, Va.; thirty-eight years old; a married man; owns no land; farms upon rented land and gets oysters. Arrested at his own home on time 13th or 14th of June in Elizabeth City County, where he resided. Professes extreme loyalty and took the oath of allegiance.

...

Charles G. Clarke and Harriet M., his wife.-Natives of Rhode Island and Massachusetts. They are alien enemies who had settled in Gloucester County. They had a passport to go North via Nashville, but all their property was at Gloucester Point and they returned to get it and were arrested by order of Colonel Crump, who seems to think the woman dangerous and inferred wrong from their return to Gloucester Point, but they had a passport which authorized them to return. They have one child and a house in New York, and I have no reason to treat them otherwise than other alien enemies are treated, except that as they obtained a passport in proper time and have been prevented by their arrest from using it they ought now to be permitted to obtain their goods from Gloucester Point and made to return and leave the Confederacy via Nashville. I recommend this order as to their mode of departure, because {p.1434} the officer commanding at Gloucester Point requests that they should not be allowed to depart via Fortress Monroe and it is possible there is good reason for it. At least I would pay so much respect to his request, and to make the execution of time order sure I recommend that the man only be allowed to return to Gloucester for his goods.

...

W. H. Byrd.-I have finally considered this case most carefully and I am satisfied that Byrd is a wholly unreliable person who would dispose of himself to the best advantage to either Government. Since the war and as late as the 21st of August last he held the office of Auditor of the Railroad Department of the War Department of the Lincoln Government, which seems to have been a confidential and lucrative office. This was treason in a native of Georgia, who does not profess to have expatriated himself. He came to the South under a Lincolnite pass, with a similar pass to carry him back (to and from Louisville) describing him as detailed on special service by Secretary Cameron. He seeks to repel the conclusion made by these facts by the allegation that he held the office in order to get money to come to the South; that he fled secretly and fraudulently from Washington and came here with a view to communicate important information to the Government. The President informs me that he communicated nothing of importance to him, and a doubt is suggested as to the identity of Byrd with the Auditor Byrd. I do not think that he has capacity enough to do much mischief, but if he is the man he represents himself to be the enemy entertained a much higher idea of his capacity and may therefore have made use of him. The question presented by his case is one of bona fides or not. If he makes out the bona fides of course he is exculpated, but if he fails his case is a bad one. I am not satisfied of the bona fides. I recommend therefore that Byrd be sent back to Augusta, Ga., with directions to the district attorney to submit his case to the next grand jury, sending with him the evidence now here. He will there have the benefit of a “jury of the vicinage,” while the Government will have the guaranty of a fair hearing before a Southern community, although Byrd’s father formerly resided there. If he is innocent he will be ignored by the grand jury, and if guilty fairly tried and punished. If not actually guilty but justly suspected those people will drive him out.

...

Edward Taylor.-He is a native of Fairfax County, Va. Resident at the commencement of the war in Cincinnati. He went from his home to Washington, and from Washington he came out to the field of Manassas and was captured at Centreville. He says that he came to look at the fortifications on the Potomac, and see his relations near Alexandria. But the testimony before me ascertains that in Cincinnati he was one of the most violent and apparently vindictive of our assailants, giving in every way that he could aid and comfort to the enemy. His brother, Colonel Taylor, who commands at Culpeper Court-House, repudiated him last summer shortly after his capture. His case is like that of Ely’s or worse. If he has never expatriated himself he is a traitor; if he has he is another Ely.

...

Julius Fridle.-Of Cabell County, Va.; arrested by Colonel Clarkson. Prisoner was born in Germany. Has lived in Cabell since 1854. Is a Union man. Voted against the secession ordinance but has not voted for or sustained the United States Government since. Desired to be neutral and quiet; did not vote at any election held by authority of {p.1435} the Peirpoint government. Believes the old government to be the true government of Virginia and is willing to support it as such. Is willing to take the oath of allegiance to the State of Virginia and the Confederate Government. Has never borne arms or been in any way connected with the U. S. Army. I recommend his discharge on taking the oath of allegiance. Witnesses examined, William L. Peters, M. Beekman, Mr. A. L. Wilson.

...

T. Moory.-Union man; voted against secession, but has never voted for or sustained the Peirpoint organization. Had no connection or communication with the Federal army. Has been a quiet, peaceable citizen, desiring to be neutral; is willing to take the oath of allegiance to the State of Virginia and the Confederate States. I recommend his discharge on taking these oaths. William L. Peters, Lewis Beekman, A. L. Wilson, H. C. Poteet, witnesses examined.

...

H. Paine.-Arrested in Cabell; a quiet, peaceable citizen; Union man; never voted at the Peirpoint elections. His father’s wagon was impressed by the Federal troops; he was sent along with it, and returned home with it. This compulsory service was the only connection he ever had with the enemy, and regards the Government at Richmond as the true Government of Virginia. Is willing to adhere to it and support the secession cause. I recommend he be discharged on taking the oath of allegiance. Witnesses examined same as above.

...

Thomas Kyle.-Born in Frederick, Va.; has lived several years in Cabell. Had no connection with the Federal army; never furnished them with supplies. Voted for a member of the Wheeling congress and convention but is willing now to take the oath of allegiance. Two of his sons-in-law are in the Lincoln army. I am at a loss what to recommend here. The vote to sustain the western revolutionary government I consider treason against Virginia, and the State authorities ought to decide whether they will prosecute him for this act. Mr. Kyle is an old man seventy-two years of age. He is willing to take the oath of allegiance. So far as the Government of the Confederate States is concerned I think he ought not to be detained, but he should be turned over to the State of Virginia. Witnesses examined same as above. I ought to add that after the Yankees passed through Barboursville, it is proved that Kyle said Yankee bullets were the best pills for secessionists; that he took a musket to guard the court-house from secessionists, but Kyle says this was done on compulsion.

...

John Douthit.-Aged nineteen; has never been in the Federal army. Was a Union man in his sentiments. Refused to join the Union army; has never aided them. Is willing to take the oath of allegiance to the State of Virginia and to the Confederate States. I recommend on doing so he be discharged. Same witnesses.

...

Dr. J. H. Rouse.-Born in Ohio; says he was in favor of the Union till Virginia seceded. Was willing to abide by her action and to remain neutral if he could. He is willing to take the oath of allegiance. Seems to have been arrested on account of rumors. He was commissioner of the United States and postmaster. From the testimony of the witnesses it appears that a young man living in Doctor Rouse’s drug store went to Ohio to visit his father and brought over the mails without reference to the political sentiments of persons to whom the letters {p.1436} and documents were addressed. This was repeatedly done after the mails were stopped in Cabell County, but Rouse seems to have permitted this as a matter of kindness to his neighbors and not as an officer of the Government or as a partisan. He denies he was commissioner, and it is proved that J. C. Wheeler was commissioner and tried all the political cases in the county. Is proved to be a man of good character and a quiet peaceable citizen. I recommend he be discharged on taking the oath of allegiance.

...

Stephen Eades.-Born in Albemarle County, Va.; has lived in Fayette County seven or eight years; voted against secession, but declared his willingness to abide by and support the result in the State; joined the Southern militia called out by authority of Governor Letcher, but after being one day in camp he was sent home to await further orders; proved to be, a peaceable, quiet citizen; says he never had anything to do with the Northern Army or Government. Witnesses examined, Mr. Coleman, delegate in Virginia Legislature from Fayette and Nicholas; Mr. Alderson, of State Senate. I recommend he be discharged on taking the oath of allegiance.

...

William H. Jones.-Born in Fluvanna; has lived in Fayette three years; is a slave owner, opposed to abolition; keeps a tavern near Dogwood Camp; some of the enemy in passing got their dinners at his house-he says he avoided communication with them and has never had communication with the Northern Army; was a Union man but willing to go out of the Union if Virginia seceded; is willing to take the oath of allegiance to Virginia and the Confederate States. I recommend his discharge on taking these oaths. Same witnesses examined as in the above cases.

...

Samuel Short.-Born in Halifax County, Va.; raised in Franklin; has lived in Fayette ten years; is a secessionist; was arrested by independent scouts (a species of force not belonging to any military organization) who took from him two horses that have never been returned to him or delivered to the military authorities; was bitterly hostile to the abolition feeling in Fayette; is a quiet, peaceable, industrious maim; has had no connection with the Northern Army; has furnished supplies to our army; supposed to be arrested in consequence of rumors started by the men who took his horses. I recommend his discharge. Witnesses examined, Mr. Coleman, Mr. Alderson.

...

Henry Worrall.-Born in Rhode Island; has lived in Wayne three or four years; voted against secession; had had no connection with the Peirpoint government. Recognizes the government of Virginia and the Confederate Government as his government. I recommend his discharge on taking the oath of allegiance. Witness, Beekman.

...

George Hunt.-Born in Massachusetts; has lived in Fayette County for ten years; has taken no part in the contest; voted against secession but considered himself bound by the act of secession to support the constitution and laws of Virginia and of the Confederate States. Man of good character and an orderly, quiet citizen. He had no connection with the Federal army and has given it no aid. I recommend his, discharge on taking the oath of allegiance. Witnesses, Mr. Coleman, Mr. Alderson.

...

{p.1437}

R. A. Flanagan.-Born in Fluvanna, Va.; age fifty-five; has lived several years in Fayette; voted against the ordinance of secession but supports the laws and constitution of Virginia and the Confederate States. Was arrested on a visit to a son who was sick in our army. A man of good general character. I recommend his discharge on taking the oath of allegiance to the State of Virginia and the Confederate States. Witnesses, Colonel Coleman, Mr. Alderson.

...

Albert Fuller.-Native of Cabell County, Va.; aged eighteen; an unruly boy. His father and brothers Unionists. Albert Fuller was passing the house of Henry Shelton, a secessionist, armed with a musket and bayonet going in the direction of the Federal forces at Barboursville in company with another youth. W. Ward is the other youth. Shelton took the gun from him. Fuller went on to Barboursville, and a company of Ziegler’s U. S. cavalry were sent to arrest Shelton. The boy who was with him went back to Fuller’s father. Fuller’s father and brother came on to Shelton’s and killed him before Ziegler’s cavalry arrived. Fuller’s brother went to Ziegler’s camp and thence to Ohio. His father was killed by a son of Shelton. I think Fuller ought not to be discharged but from the imperfection of the testimony I cannot advise where he should be sent for trial. I think he was the cause of Shelton’s death and ought in some way to be brought to justice either by the State or Confederate authorities; but the seat of justice of the Confederate States for this district (Charleston, Kanawha County) and the committing of the offense are both in the possession of the enemy. I would suggest the propriety of an act of the Legislature of Virginia authorizing the trial in some other county. Witnesses examined, Peters, Poteet, Beekman, Wilson.

...

William Henchman.-Sixty years old; born in Monroe County, Va.; has lived in Cabell; has been a magistrate and commissioner of the revenue. Union man; voted against secession; voted for a member of the Wheeling convention and the Northern Congress. Professes to have done it through ignorance and compulsion of the enemy. Says he thought the election for members of the Wheeling convention was ordered by the proper authorities of Virginia. Professes a willingness to support the constitution and laws of Virginia and the Confederate States. Is willing to take the oath of allegiance. [In this case I think as Henchman has voted for establishing the revolutionary government of Virginia he ought to be turned over to the State authorities to be tried for treason against the State. He does not seem to have had any connection with the army or the military authorities of the United States. His offense is civil and political, and as it is immediately directed against the State of Virginia he ought to be brought to justice by that State; or if suffered to go at large it should be by the Virginia authorities. His general character is good.] Witnesses, Peters, Beekman, Wilson, Albert Laidly.

...

Alexander Williams.-A native of Nicholas County, Va.; did not vote on the question of secession; was willing to abide by the action of the State; is willing to take the oath of allegiance to the State of Virginia and the Confederate States. No cause of arrest known to me. Was probably arrested on suspicion. His general character is good. I recommend he be discharged on taking the oath of allegiance. Witness examined, Mr. Alderson

...

{p.1438}

Robert Miller.-Born in Randolph County, Va.; says he is one of Captain Tyree’s company in the Wise Legion; on Wise’s retreat from Kanawha went-home for two reasons-first, his wife was sick; second he was himself crippled. Before he entirely recovered he started to join Captain Tyree’s company. Applied at Floyd’s camp on his way for a pass to join Tyree, and was arrested and sent here. Captain Tyree tried to get him released that he might join his company and failed. Mr. Coleman proves he is a man of good character. I recommend he be sent here to Tyree’s company.

...

A. B. Gesh (Buck Mason).-Was born in Botetourt County, Va.; removed to Fayette several years since. Has borne a good character as an honest, industrious man; arrested by the militia. Was a Union man up to the passage of the ordinance of secession by Virginia; desirous now to go with the State of Virginia. No cause for his arrest stated; probably on mere suspicion. Colonel Coleman proves he was at General Beckley’s camp immediately after the arrest, when the question whether Gesh ought to have been arrested was discussed, and no cause of arrest was then alleged. I recommend he be discharged on taking oath of allegiance. Witnesses examined, Colonel Coleman, Mr. Alderson.

...

Addison Neff.-Born in Greenbrier; age twenty-one; lives in Fayette; no cause for arrest assigned; says his brother was stabbed and expected to die. As soon as the enemy left Dogwood Camp he started to Greenbrier to see his brother. Applied for a pass at Meadow Bluff; was arrested. He voted against secession but will abide by the action of the State. Mr. Snider proves Neff’s brother was of a family faithful to the Southern cause and he believes Neff himself was faithful. Proves his brother was stabbed, and for a long time it was believed he would die, and that while the armies were not in the country the families passed to visit each other frequently. I recommend that he be discharged on taking the oath of allegiance.

...

Dr. P. Lawrence.-Was born in Montgomery County, Va.; removed to Fayette near two years since. He was arrested going to join the camp of the Virginia militia. One Light had received a letter from Colonel Coleman requesting all the men from his vicinity to join the militia who could do so, and in consequence of this letter he started and was arrested on his way. Colonel Coleman proves that while he considered it dangerous to send a draft for the militia in that vicinity he did write such a letter, and that after his removal to Fayette he has conducted himself as a peaceable citizen. Mr. W. Staples proves that while he lived in Montgomery County Lawrence was faithful to the South. He voted against secession, but is opposed to the Wheeling government and supports the Confederate Government. I recommend he be discharged on taking the oath of allegiance.

...

Samuel Ramsay.-Seems to have been arrested on suspicion. He was in Fayette County. His uncle and one of his cousins who lived in Nicholas County are active in supporting the invasion of Western Virginia by the United States. The prisoner has had no connection with the army of the United States or with the Peirpoint government. He professes to adhere to the Confederate States and to the State of Virginia, and is willing to take the oath of allegiance. I recommend his discharge on doing so. Witnesses examined, Coleman and Alderson.

...

{p.1439}

Charles Clay.-Aged sixty-three. Born in Virginia; has lived in Raleigh County twelve years. Says he is a secessionist and on the Southern side. Has two sons in Floyd’s brigade, in Captains Pate’s or Adams’ companies. Has done all in his power for the families of volunteers in the Southern army. Does not know for what he is arrested. Says he went to hunt up some cattle and hogs driven by the wife of a volunteer into the mountains when the Northern troops went to Raleigh Court-House. Did not expect them to return so soon, but they met him in the road on his return home, took him prisoner, and compelled him to show them where they could cross the creek, and then discharged him. Says he never had anything to do with the Northern army or with the Union men, except in this instance. Says he has slept out in the mountains at night to avoid them. I examined Colonel Coleman, the member of the legislature of Virginia from Fayette [and] Raleigh, and Mr. McDonald, the member from Wyoming, and they neither knew enough of this man to say whether he was worthy of credit. I recommend his discharge on taking the oath of allegiance.

...

Greenville Clay.-Son of Charles Clay; does not know for what he was arrested. Never had any connection with the Northern army or the Union men. Once met a squad of Yankees on the road. They asked him the condition of the bridges and passed. He had nothing to do with the Northern army or the Union men. Has two brothers in the Southern army, one in Captain Adams’, the other in Captain Pate’s company, Floyd’s brigade. In the spring put in a crop in partnership with one of his brothers. It was afterwards agreed one of them should volunteer. His brother being unmarried, volunteered in Captain Pate’s company. Has aided the families of the Southern volunteers by cutting their grain in harvest, and by other labor. I have examined Colonel Coleman and Mr. McDonald. They can throw no light on this case. I recommend his discharge on taking the oath of allegiance.

...

R. Clay.-A boy sixteen years of age, son of Charles Clay. Says he never had anything to do with the Northern army or with the Union men. I recommend his discharge on taking the oath of allegiance.

...

George Caully.-Son-in-law of Charles Clay. Says he is a secessionist. Has a brother in Adams’ company in Floyd’s brigade. Takes care of both families. Has had nothing to do with the Northern army or the Union men. Colonel Coleman and Mr. McDonald have no other knowledge of this man than that he lives in this neighborhood. I recommend his discharge on taking the oath of allegiance.

...

Jeremiah Combs.-Born in Raleigh County. Says he is a secessionist. Never had any connection with the Northern army or the Union men. No charge sent on with him that I have seen. Colonel Coleman and Mr. McDonald know he lived in Raleigh but can throw no light on his case. I recommend his discharge on taking the oath of allegiance.

...

Maben Jackson.-Born in Orange County, Va. Joined the Virginia militia under General Beckley. Received information of the sickness of his wife and was permitted to go home. The permission signed by H. C. Richmore is herewith filed.* Says he was at home when the Yankees went to Raleigh Court-House. The militia were ordered to work on the roads. He remained at home working on the roads until {p.1440} arrested. No cause for his arrest is known to him. Examined Coleman and Mr. McDonald, but they do not know him well enough to throw any light on his case. They do not know what character he bears. The prisoner in his examination seemed to be frank and candid and his statement is corroborated by the permission signed by Captain Richmore. I recommend his discharge.

* Not found.

...

William Wills.-Says he has lived in Raleigh eighteen years. Does not know for what he is arrested. Had nothing to do with the Northern army or the Union men. Says he has always been a secessionist. Says he was a member of the Methodist Church, but when the rupture of that church took place he quit the church because the preachers all adhered to the North. Colonel Coleman and Mr. McDonald can give no information about him. I recommend his discharge on taking the oath of allegiance.

...

J. Massey.-I have nothing to act on but this man’s statement. He says he is a Southern man; never had anything to do with the Northern army or the Union men. He appears to be a fair and candid man. Colonel Coleman and Mr. McDonald can give no information about him. I recommend his discharge on taking the oath of allegiance.

...

Peter Miller.-Was born in Canton, State of New York; removed to Ohio when young. Came to Virginia first as a volunteer last spring with the Northern army. Says he was only a three months’ volunteer. At the expiration of his time went back to Ohio and returned to Virginia to avoid being called into service. Came to Point Pleasant, and went up to Charleston, Kanawha, while Lee’s army was there Staid there a week. Boarded part of the time with one Snyder; the rest of the time with a man whose name he does not know. Paid no board. No bill was asked for or presented. Did nothing there. From Charleston he says he went to Peytona in Boone County. Staid there two weeks. Boarded with a man named Sam Allie; did nothing; paid no board. Says no, there were no Northern troops at Peytona. From Peytona went with the Northern troops to Raleigh. From Raleigh went to Wyoming County. Staid there some time with Jasper Workman. Did nothing there; paid no board; was not charged any. There he borrowed a horse to go to Peytona to get a pair of boots and was arrested by a party of militia on the road going there. Does not know for what. I examined Colonel Coleman and Mr. McDonald. They testified Peytona was a town in Boone settled by Yankees and Germans in which a company was raised for the Northern army just before the Northern troops went to Raleigh, and that Jasper Workman had the character of a disaffected and dangerous man. Mr. McDonald further testified that he was informed by Captain Pach that he had arrested a Captain or Lieutenant Miller. Miller was raising a company of volunteers for the Northern [army], and they were surprised while forming. Miller attempted to escape up a mountain and was shot while making this attempt. Was captured, and a valuable pistol taken from him, [and] a very valuable black horse borrowed in Wyoming. A quantity of letter paper and envelopes were found on his person. On re-examination Miller admitted he was wounded in the side, and admitted some envelopes and paper and a black horse were taken from him. Colonel Coleman and Mr. McDonald have both heard that while in Wyoming Miller was attempting to find out the position and strength of our forces. I think this man is certainly a Northern emissary and spy. His manner under examination was confused and {p.1441} his statements contradictory. I recommend he be tried by the military authorities as a spy, and as the testimony can be most easily procured at General Floyd’s camp I suggest he be sent there for trial. If not tried or if acquitted I advise he be held as a prisoner.

...

Charles Arundel.-Prisoner says he was born in Fairfax County, Va. Was arrested by orders of Colonel Robinson. Prisoner keeps tavern. Has a blacksmith shop and is a farmer. Never was in enemy’s lines. Has had no communication with them. Was in Washington last January. Has not been there since. Did not know for what he was arrested. Was told by ex-Governor Smith who interested himself in his case that he was charged with selling whisky to our soldiers. Says he never did so. Picket was stationed, the officer and men took their meals with him, but he never sold spirits to the men. He was an original secessionist. Voted for secession from the beginning. At the last election of Confederate States went to Prince William to vote for Davis as President and for William Smith for Confederate Congress. Has a son in the Confederate army. Colonel Brawner and Mr. Thomas state prisoner is a man of good character, and was always a secessionist. I recommend the discharge of this man. H. W. Thomas, senator, and Colonel Brawner, representative from Fairfax, Prince William County, proves he is a secessionist. Always voted the Southern ticket and voted for secession. Has procured provisions and forage for our troops, and has done blacksmith work for them. I recommend his discharge.

...

Samuel Bays.-Born in Fayette County, Va. Lived some time in Boone County, and returned to Fayette last spring. Offered to vote for secession in May last, but his vote was rejected because he had not been in the county twelve months. Has always been a Southern rights man. Was probably arrested because there was a general removal of the citizens in the rear of General Floyd’s army. Bays’ brother-in-law was in the army. He is a man of good character, and of a family sound in the Confederate cause. I recommend his discharge on taking the oath of allegiance. Witnesses, Colonel Coleman, W. Atchison.

...

Isaac Williams.-Aged fifty-one. Born in Giles County, moved to Fayette. Says he was arrested by Caskie Rangers when he was going to mill. Does not know for what cause. Says he supposes he was charged with being a Union man. Denies he was a Union man. Admits line voted against secession but says he did not know then the Union was broken. Says as soon as he understood the Union was broken he stood by the State of Virginia and the South. Man of good character. Opposed Peirpoint’s government. Witness, Coleman. I recommend Williams’ discharge on taking the oath of allegiance.

...

Stewart Armstrong.-Born in Greenbrier. Moved to Fayette when he was a boy. Twenty-five years old now. Voted against secession, but turned when he heard the Union was broken; supported the South. Is opposed to the Federalist. Never saw the Yankee army or had any communication with them. Willing to take the oath of allegiance. Fair character. I recommend his discharge on taking the oath of allegiance.

...

John Hanaher.-Boy of sixteen. Lives with his father and was arrested at home in the absence of his parents. Says his father is a {p.1442} Methodist connected with the Southern Church. Has had no connection with the enemy in any way. Mr. Coleman says the general impression is his father is connected with the Northern Church, but since secession may have changed. This boy’s examination is not satisfactory, but as no connection with the enemy appears I recommend his discharge on taking the oath of allegiance. Witness, Coleman.

...

John Deekens.-Says he was born in Grayson County, Va. Has lived in Raleigh since he was ten years old; now forty-nine. Does not know for what he is arrested. Thinks it was from malice of his enemies. Never saw a Yankee. When he heard they were going to Raleigh he took to the woods. Helped to support the families of the Southern volunteers. Worked for them and divided his grain with them. Was not called on to do more. Voted against secession, but says it was an ignorant vote and that he repented and stuck to the State of Virginia when she went out of the Union. I recommend this man to be discharged on taking the oath of allegiance.

...

Isaac Motes.-Born in Rockingham County, Va. Says he does not know for what he is arrested. Was arrested when going to get salt. Staid all night on Cahna at Jack Pear’s. Was arrested next morning. Saw the Yankees on the road from Raleigh. Voted against secession, but says he holds to the disunion party. Admits he has two sons in the Northern army. Two others went to Ohio this summer. I cannot recommend the discharge of this man. I think he is a dangerous man and ought not to be released while the country is in possession of the enemy.

...

Isaac Motes, jr.-Fifteen years old, son of the above. Talks very indistinctly; so badly that I could not understand him without the aid of his father. He was arrested at the same time with his father. He is dressed in a U. S. uniform which he says his brother gave him. I cannot recommend his discharge. His father and himself may be hostages for the good conduct of his brothers who are now in arms against us.

...

F. Stover.-Aged sixteen. Born in Raleigh. Says he is Southern. Does not know why he was arrested. Has two brothers in Captain Adams’ company, Floyd’s brigade. Captain Adams recruited several men in his neighborhood beside his brothers. Saw Captain Caskie’s Rangers several times in his neighborhood. Never saw the Yankees. Says his father voted the secession ticket. Colonel Coleman proves his father was a man of good character and reputed to be Southern. I recommend his discharge on taking the oath of allegiance.

...

William McKinney.-Says he was born in South Carolina and came to Richmond with the soldiers. He was reported to me as deranged, and on examination I find him to be so. I am satisfied he is unable to take care of himself. He is nearly naked and in every respect an object of charity. I recommend he be sent to some of the asylums for the insane in Virginia as soon as it can be done and in the meantime he be properly clothed and taken care of.

...

Samuel Pach.-Prisoner says he was born in Lawrence County, Ky., and moved to Wayne County, Va. He says he was arrested by Captain Witcher on suspicion of being a Union man. Denies he is a Union man.

{p.1443}

Says he is with the South. Affirms he never had any connection with the Northern army or the Union men of Kentucky or his own neighbor-hood. He lives near the Kentucky line on the Sandy River. I can procure no information about him and judging from his conduct under examination I should think he was an honest man. I recommend his discharge on taking the oath of allegiance.

...

George Pach.-Prisoner says he was born in Giles County, Va. Removed to Lawrence County, Ky., and then to Wayne County, Va. Is the uncle of Samuel Pach. Lives near Sandy, across from Louisa, Ky., and about twenty-eight miles distant on Twelve Pole River from that town. Says he voted for members of the convention held at Richmond and never voted since. Is a Southern man. Never had anything to do with the Union men of Kentucky or of his neighborhood. Says some of his neighbors went to Ceredo and got arms from Zeigler. He remonstrated against it at the beginning of bloody times at home. Took the part of the South. I have no information in reference to this man except from his own examination and his manner creates some doubt in my mind of his sincerity. But he is a very old man (near seventy) and his health much broken by his confinement. He is willing to take the oath of allegiance. I recommend he be discharged on taking the oath of allegiance.

...

Robert White.-Citizen of Fayette. A feeble old man of seventy, incapable of doing mischief. Says he is a Southern man. Never had anything to do with the Yankees or the Union men. Willing to take the oath of allegiance. I recommend his discharge. Proved to be a man of good character.

...

George W. Fox.-Born in Nelson County, Va. Lived in Fayette for twenty-five years. Says he does not know for what he was arrested. Taken to Floyd’s camp at Gauley just before the battle of Carnifix Ferry. Was under guard across the river during the battle. Voted for secession and says he is a secession man. Never had anything to do with Yankees or Union men. Mr. Alderson proves he is a man of good character. All the votes at Fox precinct were for secession, but does not know whether Fox voted. Mr. McLaughlin proves Fox a man of good character and was understood to be a secessionist. Says May, a noted scout in that country, told him Fox had agreed to give him thirty bushels of corn if he would kill fifteen Yankees. I recommend his discharge.

...

James Kincaid.-Born in Fayette; moved to Nicholas last March. Arrested by some of the Wise Legion who called him a Union man. Says he is a volunteer in Captain Newman’s company, Floyd’s brigade, Colonel McCausland’s regiment. Says he was taken sick and permitted to go home. On his recovery he went with the militia to Cotton Hill and remained there eighteen days. He then started to join Floyd’s brigade; was arrested on his way. He is now hoarse from his sickness but expresses a desire to join his company. Mr. Robinson, the prosecuting attorney at Nicholas, proves him to be a man of good character, and he knows he volunteered in Newman’s company. The man appears to be honest and candid. I suggest he be released from prison and be sent to his company.

...

{p.1444}

James C. Kelly.-The only paper accompanying this prisoner is herewith submitted marked A,* in which the charge stated against him is infidelity. It does not appear by what authority this paper is made out or that any investigation of the cases stated in it has been made. Prisoner says he was born in Maryland. Has lived nine years in Prince William County, three miles and a half from Occoquan and this side of our lines. Was arrested by orders of Captain Nelson of the Quantico Guards. Has had no communication with the enemy. On the 9th of May he carried to Washington the goods of one Safford, a Northern man who left the country. He has never been since to Washington or inside of the enemy’s lines. No person from the inside of the enemy’s lines has ever visited him or held communication with him or his family. Thinks the war unjust on the part of the North. Stands by the South. Gave the Prince William cavalry two loads of hay. Has since sold hay to the Southern troops. Voted for Davis for President and William Smith for the Confederate Congress. Colonel Brawner proves Kelly to be an honest man. Has never heard any reason for distrusting his fidelity to the South. Has heard some individuals speak of Kelly as suspicious, but assigned no reasons for the suspicions. Others placed entire confidence in his fidelity. While Kelly was under arrest at Dumfrees he voted for Davis as President of the Confederate States and William Smith for Congress. On the evening of Kelly’s arrest Colonel Brawner saw Captain Nelson, who told him the arrest was made as a precautionary measure, an advance of the army in that direction being expected, and not for any specific charge. Mr. Lynn, the delegate from Prince William, says that Kelly’s general character is good, and he believes him to be faithful to the South. When Underwood was trying to raise a Northern party in that neighborhood Kelly was opposed to him. I recommend the discharge of this man inasmuch as no specific charge is preferred against him and there is no evidence that any competent military authority has adjudged his removal from our military lines. The testimony before me shows him to be a faithful Southern man.

* Not found.

...

Robert Allen.-Sent on in the same manner with Kelly. Prisoner says he was born in Prince William County. Lives at Occoquan Mills. Says he does not know the cause of his arrest. Has not been in Washington or across the Potomac for twelve months. Has not been four miles from home since the war began. Never has been inside of the enemy’s lines. Never saw a Yankee soldier since he came to Richmond. Never, that he knew, saw anyone from the inside of the enemy’s lines after communication was prohibited. His sympathies are with the South. Voted for the President of the Confederate States and member of Confederate Congress. Colonel Brawner proves prisoner is a man of good character. Has never heard his fidelity to the South questioned. Prisoner lives in a village in which many Republicans lived and this has affected the reputation of all its inhabitants, but he says the impression of the neighborhood is the prisoner is faithful to the South. The prisoner did not act with the Republican party. Mr. Lynn proves the prisoner is a man of good character and faithful to the South. I recommend the discharge of Allen for the same reasons I recommended Kelly. Both these men should take the oath of allegiance.

...

Matthew Milstead.-Sent with the two persons above named. This man is in the hospital, extremely sick, and his examination was consequently {p.1445} very imperfect. He represented himself to be a secessionist and firmly friendly to our cause. Colonel Brawner proves he was a man of good character, friendly to the South, and who voted for the President of the Confederate States and member of the Confederate Congress. This man is in such feeble health that his longer confinement will endanger his life. I recommend his discharge on taking the oath of allegiance.

...

William Weston.-Sent with the three above-named men. Says he was born in Fairfax County, Va. Is twenty-seven years old. In June last went to Washington as a hand on board the Lady of the Lake, a boat owned either by Samuel Dentz or Silas Dentz. Silas Dentz, son of Samuel Dentz, was captain. The boat was loaded with wood, twenty-six or twenty-seven cords, a full load. The prisoner says the boat was loaded at Accotink Mills. He was there and went up to see his sister who was married to James Water, of Washington, intending to bring her back. Dentz said it was the last trip he would make. Prisoner says he was taken sick and remained in Washington two months. He then left in company with F. Magruder. Magruder bought a skiff in which he and Magruder escaped from Washington. In nine days after his return he was arrested. Daniel Regan was a hand on board the boat. Prisoner says he had mustered in Pohick Church in May with some of the home guards, Burk commanding. In this case the trip of the prisoner to Washington in the latter part of June and his remaining there for two months properly subjected him to suspicion and I cannot at present recommend his discharge. But the subsequent examination of F. Magruder satisfies me Weston was sick, and anxious to escape from Washington and I therefore recommend his discharge.

...

Joseph Plaskett.-Born in England. Lived in Fairfax nearly eight years. Has remained closely at home since the war began. Has only once in ten weeks been to mill. Says he is friendly to the Southern cause. Gave one valuable horse to a Fairfax company of cavalry; another impressed for the Southern army. Has had no communication of any kind with the enemy. Mr. Huntt and Mr. Thomas proved him to be a man of good character. I recommend his discharge on taking the oath of allegiance.

...

Elias Beach.-Says he was born in Fairfax. Lives two miles and a half from Occoquan within our lines. Passed our lines once to go to mill at Accotink. Has had no communication with the enemy. Has not been to Alexandria since the middle of June, when he went to bring from Alexandria the cousin of his wife, Alfred Beach, Alfred Beach was a soldier in the Confederate service. Messrs. Huntt and Thomas proved him to be a man of good character. I recommend his discharge.

...

Fielding Magruder.-Prisoner says he was born in Charles County, Md. Removed to the city of Washington in the year 1830. Was engaged there in keeping a wood and lumber yard. Twelve years ago he purchased land in Virginia on Occoquan Bay. Three years ago he started a steam saw-mill on this land and fixed his own residence there, going up to Washington every three or four weeks on Saturday night and returning on Monday. His wife and his son reside in Washington. His son keeps a wood yard there. Prisoner considers himself now a citizen of Virginia. His place was within the Federal lines when he was taken. Says he went to Washington a day or two after Alexandria {p.1446} was taken. The Federal provost-marshal gave him a general pass to go up and return at pleasure. Went up to Washington once or twice after Alexandria was taken and before his last trip. Prisoner says he was taken sick at his residence at Occoquan and called in Doctor Whitehead. The doctor remained with him several days and advised him to go to Washington where he could have the attention of his wife and be better nursed. He went to Washington, where he was sick three weeks, and after his recovery remained, some weeks. He says he found the state of things in Washington so much worse and distasteful to him than it had formerly been that he did not apply for a passport, but determined to make his escape. He applied to several longboatmen to bring him down, but they told him they had been required to give bond and security in $500 not to touch on the Virginia shore and would not take him. He met William Weston (mentioned above), who had been sick in Washington, who agreed to escape with him. He purchased a skiff and in the night went down the river on the Maryland side until after they passed Alexandria, when they went over to the Virginia side. On the Monday after his return he went to the picket at Mrs. Wiley’s and reported himself and was permitted to return home. Subsequently he was arrested with others, taken to Dumfrees where he lay several weeks in jail and thence was sent here. Is a slave-owner. I knew Mr. Magruder in Washington before he started his steam mill in Virginia. His general character for veracity was good. He was considered an honest man. I was satisfied from his general character and from conversation with him he was a Southern man in his political feelings and opinions. I recommend his discharge on taking the oath of allegiance. (NOTE: On the statement he makes of Weston’s sickness and desire to escape from Washington I recommend the discharge of Weston.)

...

Clinton Buskirk.-Born in Pennsylvania, at Johnstown; has lived in Pennsylvania and Ohio and Logan County, Va., until the spring of 1859, when he removed to Piketon, Ky. Was arrested by Colonel Williams. Says two of his brothers are in Floyd’s brigade. On his examination was confused, and I had great difficulty in extracting anything from him. Refused to take the oath of allegiance. General Johnson, of Kentucky, knows nothing of him. Mr. Wilton knows nothing of him except that he has heard he has two brothers in Floyd’s brigade. Mr. McDonald, delegate from Logan, proves while in Logan he bore a good character and has one brother in Floyd’s brigade. I cannot recommend his discharge, but think he ought to be held as a prisoner to be exchanged for some of our men taken in Kentucky.

...

William Ferguson.-Born in Montgomery County, Ky.; arrested by Colonel Williams’ command while attempting to serve process issued by Apperson, commissioner of the United States, for two witnesses in Magoffin County, Ky., summoned to testify in the cases of two men arrested as friends of the South. Says he sustains the present Government of the United States although he detests Lincoln; sustains the old government of Kentucky. Will not take the oath of allegiance to the Confederate States, but will take an oath to be neutral, and that he will not take part in the war or give any information to the enemy. General Johnston proves him to be a man of good character, who will stand by his oath. I cannot recommend his discharge, but think he should be held to be exchanged for our friends arrested in Kentucky.

...

{p.1441}

Andrew Tennison.-Says he was born in Fairfax; believes he was arrested from a malicious charge preferred by Henry Sartain. Says when the Federal troops were going to Bull Run they took him and Joseph Lyles prisoners, destroyed his garden, and used his parlor as an office. Afterwards, when the confinement of his wife was approaching, she begged him to go to the store and get her some rice and other articles. On his way met Horace Edsall guiding a party of Federal soldiers under command of Colonel Taylor. Edsall said prisoner was a good secessionist and could guide part of them and he would go with the others. Colonel Taylor with part of the men told him to go to the brick house. He tried to beg off, saying if Sartain saw him he would be sure to report him. Taylor then drew his pistol and threatened to shoot him if he did not guide them. He submitted and went with them to the brick house. They brought him back to the railroad and discharged him. Sartain saw him on the way and told general Stuart prisoner was guiding the enemy. Says he is a Southern man in his feelings and went with Virginia. Refers to Capt. Murray Mason, of the Navy, as a man who knew he was a Southern man. Says he is a Southern Methodist and never agreed with the Northern men. Mr. Huntt gives him a good character. I think this case cannot properly be investigated here. If evidence exists to fix improper intercourse with the enemy on the prisoner it must be found at Manassas. No specific charge is made against him. If the prisoner is to be judged on his own statement then all that statement must be taken and on his statement his guidance of the enemy was compulsory. I advise he be returned to Manassas with direction if there be other proof against him to have it taken and the facts on which he is detained ascertained. If there be no specific charge against him of criminal connection with the enemy he ought to be discharged on the ground that his long imprisonment is a sufficient punishment for a venial offense. If there be criminal conduct which amounts to an offense against military law he ought to be turned over to a military tribunal for trial. If the offense be against the civil laws he ought to be turned over to the civil tribunals for trial. I would suggest that in every case in which a prisoner is hereafter sent to headquarters at Richmond a statement of the facts and names of the witnesses be sent with him.

...

Wilson Arthur.-Born in Randolph;, moved in 1819 to the place he now lives in Webster County. Says he does not know for what he was arrested; supposes it was because he had been against secession, but he says when the State went out he went with it. Has never had anything to do with the Yankees or their friends in Virginia. Says he never fought the Yankees because they did not come to his neighborhood. He is too old to go after them, but he lent his gun twice to young men to go after them. He is fifty-five years old. Mr. McLaughlin proves him to be a man of good character. Says he was arrested because of malicious charges preferred by a man he sued for killing a dog. Some persons doubted his fidelity. Mr. McLaughlin did not. Mr. Alderson gives him a good character. Says he voted for a secessionist to represent him. I recommend his discharge on taking the oath of allegiance.

...

John O’Brien.-An old man; says he was born in Harrison County; moved to the head of the Little Kanawha, thence to the Sandy Fork of Elk, thence to Webster. The old man has spent his life in the woods hunting and seems to be very ignorant of what is going on in the settlements. {p.1448} Has a great respect for the old Commonwealth of Virginia and great contempt and hatred for the attempted government at Wheeling. Does not seem to know much of the difference between the United States and Confederate States, but is willing to take the oath of allegiance to the old State of Virginia and any government she belongs to. Mr. McLaughlin proves he is a man of good character ignorant of all things going on in the settlements. He lives remote from settlements in the woods, and makes his living by hunting and digging ginseng. Mr. Robinson, prosecuting attorney of Nicholas, proves his general character is good. Has a son in Swann’s company, Tompkins’ regiment, Wise Legion. I recommend his discharge on taking the oath of allegiance.

...

Miles O’Brien.-Son of John O’Brien; does not know for what he is arrested; has had nothing to do with the Union men or Yankees except to go with some of his neighbors to Sutton to fight them when he heard they were coming here, but they did not come lives with his father; does not know much of what is going on in the settlements; stands for the old government of Virginia; is a cooper and farmer; hunts and digs ginseng. Is willing to take the oath of allegiance.

...

Sampson Stover.-Born in Franklin; moved to Lawrence County, Ky., where he was separated from his wife; moved back to Raleigh, where he has lived several years. Says his children left him several years ago and went to Ohio. Has heard nothing from them. Says he has had nothing to do with the Yankees or Union men. Is willing to take the oath of allegiance. I have no evidence about this man, and from his examination I can find no cause for detaining him. I recommend his discharge on taking the oath of allegiance.

...

J. Wills.-Aged thirty; born in Grayson; went to Raleigh twelve years ago and bought land there. Does not [know] for what he was arrested. Thinks it was from a malicious charge of Jasper Cole that he was a Union man. Says he is a Southern man. Is a Methodist. When the church divided he went with the Southern Methodists. Has never had anything to do with the Yankees since. Voted against secession, but when the State went out he went with it. Willing to take the oath of allegiance. I have no evidence about this man. His examination shows no cause for detaining him. I recommend his discharge on taking the oath of allegiance.

...

William Deekins.-Of Raleigh; says he is a Southern man in his feelings and action. Had nothing to do with the Yankees or Union men. Saw some of the Yankees passing to Raleigh. Had no communication with them. I recommend his discharge on taking the oath of allegiance.

...

Isaac Scarborough.-Fifty-one fears old; says he was born in Monroe; moved to Fayette, near Raleigh; when arrested was within two miles of home going with a load of beeswax and ginseng down toward Kanawha to sell. Does not know to whom he expected to sell it. Had heard a man named Levens bought ginseng. Heard he kept a store; cannot say who told him so. Thinks Mr. Guss’ people told him so. Denies he had any connection with the Northern or Union men. Arrested by the Caskie Rangers. They took his horse; told him they had orders to take back all the -. Said there was no charge against him. Says he voted against the ordinance of secession, but supports {p.1449} the South. Gave Caskie Rangers a horse worth $100 and fine beef-cattle. His arrest was just before the Northern men went to Raleigh. Willing to take the oath of allegiance. I have no evidence about this man except his own examination. His conduct in starting to Kanawha just before the Yankees went to Raleigh is very suspicious, and justifies his arrest. But it amounts to no more than suspicion, and after his long imprisonment I think he may be discharged on taking the oath of allegiance.

...

Isaac Bays-Says he was born in Fayette; moved to Boone, and moved back to Fayette last spring. Does not know for what he was arrested; was told all the men from that end of the county were to be moved. Says he had nothing to do with the Northern men or the Union men. Says he always held to the Southern side. Says he agreed to take care of the family and property of his brother-in-law if he would volunteer, which he did. Has now the family and property of his brother-in-law under his charge. Wanted to vote for secession, but his vote was counted out because since his return from Boone he had not lived long enough in Fayette to enable him to vote. I have no evidence about this man except his own. I recommend his discharge on taking the oath of allegiance.

...

Isaac Williams.-Says he was born in Giles, near Fayette. Lives in Fayette; arrested because it was reported he was a Union man. Says he voted against secession, but did not know then the Union was broken; has no learning. As soon as he heard the Union was broken he stuck to the South. Has not seen the Northern army. Was opposed to the formation of a home guard. I have no evidence about this man other than his own examination, and if that be true he ought to be discharged. I therefore recommend his discharge on taking the oath of allegiance.

...

Stewart Armstrong.-Born in Greenbrier; moved to Fayette. Does not know for what he is arrested. Voted against secession, but when the State went out felt bound to sustain it. Opposed to the formation of a home guard. Had nothing to do with Northern army or Union men. Prisoner was proved by Mr. Alderson to be a man of good character. I recommend his discharge on taking the oath of allegiance.

...

John Honaker.-A youth. Born in Fayette. Says he was always a secessionist. His father voted for secession. His father and mother were from home when he was arrested. Says his horse was taken. He went to get him and was arrested. I recommend his discharge on taking the oath of allegiance.

...

William A. Kelley.-Says he was born in Giles County, Va. Lives on. Lyle Creek, in Fayette County, near Cotton Hill. Says when he was arrested he had been to Anderson Wilson’s to look for a young steer. Was told he was arrested because the army wanted neither friend nor foe to pass. Says he is a secessionist but did not vote. Let the secession party have some oats and grain. Has several times seen the Yankee army at Fall’s Mills (Fall’s Mills are opposite the mouth of Gauley, on New River). Says he went to Fall’s Mills because all the other mills were dry. Had no communication with the Yankees. Colonel Coleman proved the prisoner was a man of bad character, both for veracity and {p.1450} integrity. He further proved the streams were unusually high in that vicinity this summer, so high that the mills were washed away. Prisoner then said he went to Fall’s Mills because the mills were washed away. The examination of the prisoner created the impression on my mind that he was a spy for the enemy, and that such a man remaining in the vicinity of the enemy would be dangerous. I think he ought not to be discharged.

...

William Workman.-Aged forty; born in Boone and now lives there. Says no great division in his county on the Union and secession question until recently. Some men in his neighborhood made a stir, six or seven gathered together, filled a part of the road; never heard of a fortification until he was brought out; saw it then about two miles from where the road was obstructed. He says he has not been to Kanawha; has been to Peytona. Says after Boone Court-House was burned Mrs. Smoot wished him to get her husband released from confinement as a prisoner taken by the Federals at Boone Court-House. Says he went to Peytona, where he saw a captain of the Federal army, who went to Charleston and informed him on his return Smoot would be exchanged. Says afterward he heard Smoot and Miller, who was taken with him, had got back and lie left home to see if he could do anything for them. He went over to Coal and turned up a small creek to get his breakfast. After breakfast he saw two companies of the Federal troops passing down the road and the cavalry was immediately behind them. He galloped on and saw Augustus Pach, who had been taken prisoner by them with his cattle. Some salutations passed and he told Pach the cavalry would be on him in a minute. He galloped on and went to Peytona. He says the Federals did not go to Peytona. Declares he does not know what became of the troops engaged in the battles. Says he saw some at Peytona who might have been there. Says-the Federal troops he passed when Pach was released were all strangers to him. Says he returned from Peytona home Friday morning and was arrested on Sunday morning at home. States there were men passing through the neighborhood not belonging to either army who would press horses in the name of the army and take them for their own use. To put down these thieves and protect their property he says a company was formed in the neighborhood to which he belonged. Says his brothers, Floyd Cook, four Gunnoes, William Walker and others belonged to it. This man’s examination impressed me with the belief he was a very cautious and cunning man; but his account of himself was very confused and unsatisfactory. I examined Mr. McDonald, who states he has no personal knowledge of Workman’s conduct since the secession question arose, but says immediately after General Wise withdrew from the Kanawha River it was generally believed Workman had gone to Kanawha and opened communications with the Federalists. The neighborhood was an unsound one. A company was formed there that placed obstructions in the road fortified themselves on the head of Coal River and threatened to burn the town of Oceana. They took prisoners two of the militia scouts sent out to ascertain the state of things; took them inside of their breast-works and swore them. The scouts were Morris Cook and Henry Clay. One of these scouts professed to be a Union man and learned they expected the arrival of a regiment of Union men and that Workman had gone after them. I think this man ought not to be discharged, but if on further inquiry the evidence of Pach and the scouts can be obtained he should be brought to trial in the C. S. court at Wythe, or in county of Wyoming, Va.

...

{p.1451}

Floyd Cook.-Born in Giles County, now Boone, near where he now lives; living near William Workman. Says a company was organized to protect their property from horse-thieves. Was arrested one mile and a half from home. Had gone to Amos Workman’s to persuade the men assembled there to disperse. Saw some men there saw John Gunnoe (not the one in prison), B. F. Perry and some men from Raleigh he did not know. Saw another Perry and Micajah White. These men had assembled because they were informed a horse-stealing party would be in their neighborhood in a few days. This party had Morris Cook and Clay in custody as prisoners. Does not know what party left Amos Workman’s and was arrested on the road home. William Workman was arrested immediately afterward. The party then proceeded to Amos Workman’s. He does not recollect who he saw there at that time except his son who had just gone in from the mountains. Says the Gerald boys were arrested soon after he was. They had been out hunting cattle. Says he saw where some trees had been cut across the road and he saw some brush thrown up on the side of the mountain which was called a fortification. He did not go near enough to see if there were any logs and stones in it. Says he was a member of the company organized in the neighborhood to keep off the horse-thieves. Says his son, William Workman, Amos, James and Lawson Workman were members; also M. G. White and his two sons; the Gunnoes, W. Walker, B. F. Perry and Benj. Workman; does not remember the other. Had nothing to do with the Southern or Northern army or the Union men. Is willing to take the oath of allegiance. Mr. McDonald knows nothing of his own knowledge of Floyd Cook’s course since the act of secession, but says it was understood in the neighborhood Cook was a member of the company which obstructed the road, fortified it, threatened Wyoming with invasion. Says Morris Cook and Henry Clay, the militia scouts who were arrested and disarmed by this party, say Floyd Cook was the principal actor and that it was done within the breast-works. I think this man ought not to be released. His examination compared with Workman’s satisfies me he was a member of a most dangerous and treasonable organization. They were attempting to take possession of mountain passes at the head of Coal River on the most direct route from Kanawha to East Tennessee. If this organization is not broken up it may give the Federal army most important aid in any movement toward Tennessee. I think inquiry ought to be made if testimony of the facts stated by McDonald can be procured, and if it can be procured the man ought to be put on his trial.

...

Parris Gerrold.-Says he was with three others, his cousins, hunting some cattle when he was arrested by Pate’s company. He was stated by Workman and Floyd Cook to be a member of that company and was arrested when the party at the fortifications was taken, and was probably one of the persons taken in the fortifications and was armed. I recommend he should be held as a prisoner of war.

...

Samuel Dentz.-Born in Fairfax County, Va. Prisoner says when he was arrested he was told it was for furnishing the enemy with wood. Denies he did so. Says he is a farmer and sold wood to the longboatmen. Says he did not own a boat, and did not sell wood after the boats ceased to run to Washington when the governor’s proclamation issued. Says he did not hold communication with the enemy in any way. Says he is thoroughly Southern; voted for and supported the secession movement. Says his son, Silas Dentz, twenty-nine years of {p.1452} age and who is independent of him, owned a boat for which he (Silas) paid about $1,500. To prevent this boat being destroyed Silas took it to Washington. Prisoner says he remonstrated with him and urged on him it was better to lose the boat, but Silas would not regard his remonstrances. Does not know what became of Silas after he went to Washington. Mr. Huntt proves prisoner to be a man of good character, a man of honesty and veracity. He owns land and slaves; has always been on the Southern side and voted for secession. Witness thinks the boat belonged to Silas Dentz and not to the prisoner. Colonel Brawnier and Mr. Thomas prove the prisoner is a man of good character. Dr. Richard C. Mason (who was for some time a practicing physician in this neighborhood and has been for many years a justice of the peace) proves prisoner was a man of excellent character, a Southern man and a secessionist. He proves that in February or March last prisoner was present in a meeting held to expel from the country a man who was suspected to entertain incendiary opinions. Dentz is sent here by an order of the provost-marshal at Manassas on the 19th of November, 1861, which states he is represented as an unsafe man to go at large. Colonel Robertson, commanding the Fourth Virginia Cavalry, represents him as a notorious traitor, he having recently taken license to furnish the Federal Government with wood. The evidence satisfies me that up to the ratification of the secession ordinance by Virginia Dentz was a true Southern man, voting for sustaining the secession movement. Since then I have no evidence of his conduct except such as is afforded by his examination. On what evidence Colonel Robertson believed he had taken license to furnish the Federal Government with wood I do not know. I think it probable the offense of the son was charged on the parent. But the charge if there be evidence to support it ought to be tried in a criminal court instead of sending him here. He ought to have been sent to a justice of the peace to institute a prosecution against him. I have no evidence to justify the institution of a prosecution against him. If such evidence should exist a discharge now will be no bar to a legal prosecution. I recommend his discharge.

...

Forest Olden.-Born in Alexandria; lived near Colchester eighteen years; longboatman by profession. This spring made three trips to Washington in a boat belonging to Mr. Trice. Stopped running when the governor’s proclamation issued. When he stopped boating worked his garden until harvest. After harvest marketed to our camp; never had any intercourse with the enemy. Says the Southern pickets ate at his house and got fodder. Says he often helped Marylanders who came over to join the Maryland regiment. Mr. Huntt and Mr. Thomas testify to his good character. Sent here with the order of the 19th of November. Colonel Robertson says must be sent to Richmond as a person whom it is not safe to have at large. No charge is made against him. A large discretion must be vested in our military officers, yet when they arrest citizens and send them to Richmond they ought to send some evidence on which they may be lawfully detained. As there is no evidence on which this man may be lawfully detained I must recommend his discharge on taking the oath of allegiance.

...

William H. Williamson.-Citizen of Fairfax County; resides where he was born two and half miles south of Burke’s Station, Orange and Alexandria Railroad, and four miles from Occoquan; place called Williamson’s Cross-Roads, two and a half miles from Marshall’s {p.1453} (vidette post) where he was taken. He came over to Marshall’s to bring him some meat which he had sold him. He has not seen a Federal since the 22d of August, when he went to Alexandria after his horse which had been taken from him on the advance. He was taken prisoner by the enemy on the 16th or 17th of August and released same day. He gave them no information during his imprisonment. His wife has not been to Alexandria since its occupation nor has she been more than a mile from home in twelve months. His daughter married in Baltimore. Has not heard from her since the war began. His other children are small. His oldest son is in the C. S. army. He has one or two nephews also. His wife and three small children are now at home with no one to look after or protect them. He protests that he is true to the South and is willing to leave it to his neighbors. He was taken Wednesday, 20th instant, and brought to Colonel Robertson. I file the papers sent with this man. His examination concurs with the statement in the papers. He says he went through the pickets to deliver some beef he had sold to one Martin. Whether he ever passed them at other times does not appear. He has a son and two nephews in the army. Mr. Huntt says his character for veracity is not very good. He voted for secession. A large discretion must be vested in our commanding officers. It is necessary to the safety of the army. In this case there is a specific offense which if overlooked might result in great mischief to our forces. I am not sufficiently acquainted with the minute details of our position or with the facts alleged against this man to form an opinion on the questions: (1) Whether this man’s confinement has been a sufficient punishment for his offense (2) Whether he might now be released without endangering the safety of our operations? I would advise that the military authorities at Manassas be written to for information on these questions.

...

Isaac Hall.-Born in Fairfax County; lives near Occoquan; was always a Southern man; voted for secession; owns a farm and slaves. Never had any communication with the enemy. Yankees once stole one of his slaves but the boy escaped and returned home. Mr. Huntt, Mr. Thomas and Doctor Mason proved his character is good, and he has seven nephews in our army. He was sent here from Manassas with an order dated November 14, in which it is said Major Boyle will forward the five men to Richmond, noting Bayless as a dangerous character, understood to have been specially active in communicating with the enemy. The other four persons it is not considered safe to have about our lines. No specific charge is made against Hall. I am satisfied he is a Southern man of good character, and his feelings are with our cause. On what grounds he has become an object of suspicion to our officers I do not know. From the evidence before me I do not see anything charged against him which would prevent his immediate discharge on a writ of habeas corpus. While I feel a large discretion must be vested in our officers, yet that discretion must be reconciled to the rights of the citizen, and I know of no mode of doing so but to require with each prisoner sent here there should be a statement of some fact which justifies the arrest and detention, with the evidence to sustain it. In this mode each case may be reached and the proper prosecutions be instituted. In the present case the continuance of this man’s confinement for anything I can see would be simply an exercise of arbitrary power on suspicion. I recommend his discharge.

...

Peyton Hall.-Nephew of Isaac Hall; a young man who has been trading to our camp this summer. Has a brother and several cousins {p.1454} in the Southern army. Has had no intercourse of any kind with the enemy; proved to be a man of good character. He is included in the same order with Isaac Hall. No specific charge made. I recommend his discharge on the same grounds I recommend Isaac Hall’s. To take the oath of allegiance.

...

Elibeck Hall.-Nephew of Isaac Hall; this young man’s character is good. His feelings and associations are with the South. Included in the same order with Isaac and Peyton Hall. For reasons given in Isaac Hall’s case I recommend his discharge on taking the oath of allegiance.

...

George Bayless.-Born in Alexandria; farmer and overseer. Says he never has been inclined to the North; always a Southern man. This year he is overseer for Mrs. Lemoine. Says the scouts of the enemy often came onto the plantation of which he is overseer, but he always kept out of their way when he could. Never gave them information or aid. Believes he was arrested on the information of one Milstead, who was a tenant of Mrs. Lemoine’s, and with whom Bayless had some difficulty about a field, which Mrs. Lemoine told Bayless that Milstead had not rented, but which Milstead claimed. Proved by Mr. Huntt and Mr. Thomas to bear a good character. Doctor Mason says he has known him for many years, and his character is as good as can be. Says his impression, founded on conversations with Bayless, is, he was a Southern man. Says Mrs. Lemoine is in Louisiana and all her property is in Bayless’ care. The charge against Bayless is active communication with the enemy. It is not directly made. It is said he was understood to be active in communicating with the enemy. No proof is before me. If any exists, Bayless as a citizen is entitled to its production, and to have the charge tried before the proper tribunal. No evidence has been furnished me to institute proceedings in any form. A prosecution in the proper forum for this charge will not be barred by his discharge now. For want of evidence, I recommend his discharge on taking the oath of allegiance.

...

A. Abott.-Prisoner says he was born in England. His father moved when prisoner was four years old to Andover, Mass., and eight years afterward to Concord, N. H., where prisoner lived eight years. From there he went to Camden County, Ga., and engaged in the lumber business, which he has followed since. Has three partners, two in Maine, one in Nova Scotia. His lumber was shipped to the North from Charleston, but afterward sent from Satilla River, Ga. Says his last cargo was shipped the 16th of June last consigned to a New York house. He went on with it to get an advance on it. He failed to do so and after staying in New York four or five days returned to Charleston and Savannah; thence went to Camden County, in Georgia. Then he took care of his teams, placing them with Taylor; then took passage in a lumber sloop to Baltimore. Staid there three or four days and came to Virginia. He assigns the following reasons for coming to Virginia. He says a year ago last spring he purchased from one Wilson, then and now a clerk in the Treasury Department, one-fourth of 400 acres of land in Fairfax County, Va. For this he paid $2,000. He does not know whether Wilson ever made him a deed. The other three-fourths were owned by Snow, Smith and by Wilson. Snow lived on the land, but paid no rent. Money was advanced to improve the land. {p.1455} Wilson called-on prisoner to advance money for this purpose. When he arrived in Baltimore he met Wilson who informed him Snow was a prisoner, and offered to pay him $50 a month to go on the land and take care of it. Prisoner accepted the offer; left Baltimore, came across the Patuxent, and crossed the Potomac above Aquia Creek. There he was arrested by a part of General Holmes’ command and taken to Fredericksburg, where he was imprisoned. After some days he says he was examined by General Holmes and the mayor and permitted to go to his farm in Fairfax. The day after he got to the farm Snow returned home. He says he then went to find Chester Avery on business of Lant & Harris, of Baltimore. Was arrested and taken to Manassas. Says his memorandum book and papers were taken from him at Manassas. From this man’s statement and from his manner under examination I am satisfied he is a spy, and it was obvious to me that he was giving false accounts of his conduct in South Carolina and Georgia and Virginia. I think he ought to be held in custody as a spy until evidence sufficient to try him can be procured.

...

E. Birch.-Says he was born in Alexandria County; is twenty-seven years old; lives with his father near Falls Church. His father went regularly to Washington under a general pass until August last. Prisoner has not been to Washington since 1st of August, then he got a pass from General Sumner, who he says told him he would not give him another unless he moved within the lines. General Stuart’s pickets were stationed at his father’s house from the middle of August to last September, when prisoner was taken and brought away. He refuses to take the oath of allegiance but is willing to take an oath of neutrality. I think he should be retained as a prisoner of war.

...

George W. Cook.-Son of Floyd Cook, one of the Union company formed in Boone County, who fortified the pass at Little Coal River. He was taken when the fortifications there were taken. I suggest he be held as a prisoner of war.

...

J. McDonald.-Born in Hardy County, Va.; lives six miles from Moorefield, on Looney Creek; age twenty-eight. Says after State went out of the Union he wanted to go with the State, but was persuaded by leading men to join the home guard. Was advised by others not to join it. Joined the home guard at Greenland. Says he was four days with them at Shell’s Gap. He received a musket and bayonet. The evening before his arrest he went home to get his supper. Returned and stood guard at Rhinehart’s Mill. Was arrested next morning by the Rockbridge Cavalry. Was arrested on Saturday, the 6th of September, he thinks. On Monday afterward the first raid was made on Petersburg. Had not heard anything since about this attack on Petersburg before he was arrested. Says the home guard had some beef-cattle, which he was informed were taken from one of the Weltons, a secessionist. The muskets issued to the company came from Wheeling. I think this man should be held as a prisoner of war.

...

George W. Mangold.-Born in Hardy County, Va.; is twenty-eight years of age. Says he is a secessionist and goes with Virginia and the Confederate States. Says his brother Henry joined the home guard. Prisoner says he never did. He was urged by his father-in law and others to do so and to satisfy his father-in-law he went one day to the camp of the guard at Shell’s. He found they were a rascally set, committing {p.1456} thefts and robberies on the citizens opposed to them, and intended to support the Northern army. He made his escape. Says he is willing to take the oath of allegiance to the Confederate States. Says he wishes to go into service in Harness’ regiment. Wilhite says in his deposition: Mangold was with them eight or ten days, when he returned home dissatisfied with his captain for threatening to punish him for leaving without permission. I recommend this man be discharged on taking the oath of allegiance, and as he has expressed the wish to serve in Harness’ regiment, now with General Jackson, near Winchester, I recommend he be sent there.

...

Noah Getz, Hardy County.-Says he voted for the Union but is willing to abide by the decision of Virginia to secede. Supports the State. Has never joined the home guard. Says he had intended to move to Ohio since he was married. He started to go there and was stopped by the home guard at Shell’s Gap and turned back. Staid a day with his family at Shell’s Gap. Served with the militia and fought against the Yankees at Petersburg. Says he will support the South and is willing to take the oath of allegiance. Of this man Wilhite in his deposition says: Was with them several days at Shell’s Gap. Wanted to move his family to Ohio, but could not get through. Had been in a fight in Petersburg on the side of the South. Was with them at Mill Creek and has drilled with them. He seems to be an ignorant man not acquainted with the condition of the country, but I think is with the South. I recommend his discharge on taking the oath of allegiance.

...

J. B. Bowman.-Says he was born in Montgomery County, N. Y. Has lived in Fairfax twelve years. Lives at Vienna Station, near Falls Church. Says his employment for the last five or six years was getting timber for the Loudoun and Hampshire Railroad. Says he goes with the South in this war. Furnished a horse to get up Ball’s cavalry. Would have volunteered himself, but for a defective ankle which unfits him for military service. Says his teams have been employed for the Southern army. Is willing to take the oath of allegiance. Thinks he was arrested on an [article] printed in the Dispatch taken from some Northern newspaper, but says he does not know anything about it. No charge is sent against this man. Having no evidence I recommend his discharge on taking the oath of allegiance.

...

M. L. Kendrick.-Born in Loudoun County, Va.; lives eight miles from Leesburg in the direction of Fairfax Court-House. Arrested 3d August. Marketed to our camp at Fairfax Court-House. Was well acquainted with the men in Rogers’ artillery. Had a brother in that company who had been sick with the measles. Says the soldiers requested him to bring them some whisky. He bought four gallons; sold to two men each one pint. General Stuart ordered his whisky to be seized and arrested him. Before it was seized he gave two gallons to a man named Connell. The whisky was poured out. Says he is a Southern man. Would have volunteered, but when his brother left home he was the only person to take care of an aged and infirm mother and his sisters. No charge has been sent against this man. His long confinement here is a severe punishment for his offense. I recommend his discharge on taking the oath of allegiance.

John A. Sites.-Born in Hardy County. Says he never belonged to home guard; was solicited to join them and refused. Says he was {p.1457} over with them at Shell’s Gap. Got there in the evening; left the next morning; was taken sick and remained within two miles for several days. Says he never was with the guard at Alleghany. Says he never belonged to the home guard. Is willing to take the oath of allegiance. Wilhite in his deposition says: John A. Sites joined their company; did the duty of a soldier; was in the first raid on Petersburg and sick at the time of the second raid. I think this man ought not to be discharged. During his examination he affected deafness. When a question was asked him it was difficult to get a direct answer and his whole manner impressed me with the belief he was studiously withholding the truth.

...

William Sites.-Was a member of the home guard; received a Northern musket and did duty with the company he says eight or ten days. I recommend he be held as a prisoner of war.

...

Polycarp Sites.-Says he never joined the home guard; never was asked to do so. Wilhite says he was at Shell’s Gap once. Does not know what he was doing. Says he thinks he mustered with them once. Prisoner is very young and in bad health. Says he never joined the home guard. I recommend he be discharged on taking the oath of allegiance.

...

Josiah Sites.-Denies he ever joined the home guard. No proof against him or that he was ever concerned with the Northern troops. I recommend his discharge on taking the oath of allegiance.

...

D. Shears.-A boy of seventeen years of age; joined the home guard; bad a musket given him; stood guard at Rhinehart’s Mill; was taken prisoner there. I think this boy must for the present be held as prisoner of war.

...

J. Keplinger.-Another youth; joined the home guard; taken prisoner at Rhinehart’s Mill. Says he received his musket from Daniel Shell. I think this boy should be held as prisoner of war.

...

T. R. Connell.-Sixty-two years of age; miller at Rhinehart’s Mill. Denies he had anything to do with the home guard. Says he saw some of them on the turnpike a mile from the mill. Next morning they brought their breakfast to his house, and his wife permitted them to eat it on the porch. Says all he heard of the guard was from May, a millwright, who was repairing the mill. Other prisoners say the mill was guarded at Connell’s request, and that he permitted them to eat their breakfast on his porch. He says he has twelve children, one of them an idiot and helpless; some in the West. I cannot think this old man was candid in his examination, but as he is very infirm and sickly and offers to take the oath of allegiance I recommend his discharge on taking the oath.

...

William Connell.-A boy of seventeen; hardy. Taken with the home guard at Rhinehart’s Mill. Says he had left his father and was in Kellar’s store when he joined the home guard. Says he was persuaded by Daniel Shell. Says his father was much distressed when he heard it. Is the son of T. H. Connell. As this youth was taken with arms in his hands I suggest line be held as a prisoner of war.

...

{p.1458}

L. Kurtz.-Arrested July 18. Born in Maryland; has lived for twenty-five years in Pennsylvania. Lives now in Waynesborough, ten miles from Hagerstown. Brought four officers of the U. S. Army from Waynesborough to Hagerstown. Says he then sold a load of bacon to one Hurst in Smithfield, Va., and agreed to deliver it. Went home for it and came with it to Hagerstown. Says he went from Hagerstown to Martinsburg. Accounts for going to Martinsburg by saying he had trusted some business to a lawyer in Hagerstown, who went West and left his business with one Luster. He heard Luster was in Martinsburg, and went to see him. He was not there. Then went to Smithfield to deliver his bacon and was taken. Does not know that the purchaser of the bacon lived in Smithfield, but he told him he did. Denies all connection with the U. S. Army. Owes allegiance to Pennsylvania. I suspect this man was a spy, but do not find evidence to try him. I suggest he be held as a prisoner of war.

...

Joshua McCumpsey.-This man went with Kurtz; was arrested with him the 18th July. Says he is a canal boatman carrying coal for the Borden Mining Company. Owes allegiance to United States. I think he ought to be held as a prisoner of war.

...

James R. Connell.-Born and lives in Loudoun County, Va. Has two brothers and one brother-in-law in our army in the Loudoun Artillery. Went with Kendrick in his market wagon to see his brothers. When Kendrick’s whisky was condemned by General Stuart he claimed what Kendrick gave him. Was arrested and sent on here. Is a Southern man. Desired to volunteer, but was rejected because he was disabled. I think this man ought to be discharged on taking the oath of allegiance.

...

Thomas Cooper.-Born in Ireland; came to New York in the fall of 1853; staid there two weeks, then came to Washington. Became a citizen of the United States. Remained in Washington until July last, when he became servant to Captain Franklin, of the U. S. Army. Was taken after the battle of Manassas between Manassas and Centreville. Says he did not join U. S. Army. Disabled for military duty by an injury to his hand. Says he never has taken part in the war in any way. Wishes to go home on parole of honor. Was groom in Mr. Buchanan’s stables; thinks President Davis knows him. I cannot on the information I have recommend his discharge. I think as he was the servant of an officer, and taken on the battle-field, he should be treated as a prisoner of war.

...

Thomas James Martin.-Born in King George or Westmoreland County, Va. Has lived at his mother’s in Washington. Says he is a kind of sailor; sailed in Chesapeake Bay, and made a voyage from Baltimore to Rio Janeiro. Says this summer he has been out of employment. Came down to his brothers in King George. Started to go to Washington two or three times and was turned back by our pickets. Fourth time he was arrested. I think this man’s intellect is unsettled. He is badly clad, and seems to be suffering for want of clothing. He is not a suitable person to be permitted to go at large about our lines. I recommend he be held as a prisoner until it is ascertained whether he is deranged, and then some humane disposition be made of him.

...

Thompson Moulding.-Born in Fairfax County, Va.; has lived in Washington since December, 1858. Boatman. Was taken in November {p.1459} or early in December on a wood boat at Accotink, seeking a load of wood to take to Washington. His second trip. The captain and another hand escaped. Says he could not make a living in any other way. Says he holds up for the South. He hesitates much about taking the oath of allegiance, unless he can be sent to his sister’s in Fairfax. He is ignorant, and something of his reluctance may be from ignorance. He says he will be forty-five the 21st February. He looks like a man of from thirty to thirty-five. As this man was taken in an illicit commerce with the enemy, and he does not clearly show an attachment to our cause, I think he should be held as a prisoner of war.

...

Albert Peacock.-Says he was born near Baltimore; was taken when a child to Fairfax County. Lives about three miles from Great Falls. Is a farmer-two years previous to the last worked on Danville railroad in Charlotte County, Va. Last year lived at home. On the 26th September was taken prisoner by Northern army; taken to Washington; was discharged fourth day, then took the measles. Remained a month in Washington. Said he was not sick all the time, but going about the streets. Went across the river to Virginia. Stopped at Mr. Croker’s, within the Northern lines, until he got well. Started for home and was stopped by Northern pickets. Had a pass to go to the pickets, not through them. A skirmish took place. During the skirmish he passed the pickets with Mr. Croker’s son, who had a pass to go through. Was arrested by our scouts before he got home. Declines taking the oath of allegiance because his property would be endangered. Says he is willing to serve with the militia. I think this man ought not to be discharged.

...

J. Visser or Wisser.-Born in France. Came to United States twenty-five years ago. Is a naturalized citizen of the United States; has lived in Washington fifteen years. Keeps a fancy store No. 301 Pennsylvania avenue, near old market. Says he owns an interest in a farm near Dranesville. Between 3d and 10th April last went to his farm. Overseer left him and he was compelled to remain. Has not heard from his wife nor any one in Washington since. Knows nothing of the Northern army. Has had no communication with it. Was arrested at his farm. Says he is friendly to the South, but will not take the oath of allegiance. I think he should be held as an alien enemy.

...

G. Pollock.-Born in Ohio. Came to Guyandotte to join a regiment which Wheeler was raising for the U. S. service. Was captured at Guyandotte by Colonel Clarkson. This man should I think be held as a prisoner of war.

...

S. Gosnell.-Says he was born in Maryland. Is a blacksmith. Came to Virginia twelve years ago. Worked in Petersburg and Richmond. For five years past has carried on his business in Fairfax County near Accotink. Was arrested by a party of [the] South Carolina Legion. Says he is true to the South, rather against secession, but goes with Virginia. Has had no communication with the enemy. Willing to take the oath of allegiance. Has lost the sight of one eye. Mr. Clemens testifies Gosnell worked in Richmond five or six years ago. Was a good, quiet man of good behavior, but not a good workman; Has seen him work in Baltimore. He is proved by J. Weller to be a Baltimorean, but has been absent from that place ten or twelve years. No charge {p.1460} was made against this man. He says if released he will go up to Manassas to get his tools and return to Richmond or some other place to work. He is willing to take the oath of allegiance. I recommend his discharge on taking the oath of allegiance.

...

Abe Hamilton.-Born in Washington. For seventeen years has been a fisherman and boatman on the Potomac. Last summer was fishing in Saul Gibson’s boat about Freestone Point, Chopawamsic and Evansport. The fish were taken to the Washington market. Ran one trip from Blackiston’s Island to Washington in John Gibson’s boat. After the fishing season was over worked in Mason’s Neck. Was taken there gathering fodder. Says he is friendly to the South and opposed to the North. Could have joined the Northern army, but would not fight against the South. Wishes to have nothing to do with the war, but if he goes in the army will go into the Southern army. Says he is unwell, suffering from cold and a cough, but if permitted to go to his father’s near Stafford Court-House will volunteer when he gets well. Willing to take oath of allegiance. This young man seems to be candid and has excited my sympathies. I can get no information about him except his own examination. From his examination it appears he has spent the summer in fishing for the enemy and in the vicinity of points important to us to keep the enemy from. I will if I can inquire further into his case. At present I must advise he be retained as a prisoner.

...

W. Randle.-Born in New York, Madison County. Married Miss Jones, a Welch woman. Moved to Wisconsin on the solicitation of E.

...

R. Jones, his brother-in-law. Moved in the year 1859 to Loudoun County near Fairfax line and near Dranesville. Has not been from home except to go to Dranesville for a year. Has not in any way communicated with the enemy. Is ready to take the oath of allegiance. There is no charge against this man. I have no evidence about him. From his examination I think there is no reason to suspect him, except that he was born in New York and lives in Wisconsin. I recommend his discharge on taking the oath of allegiance.

...

E. R. Jones.-Born in Wales. Came to New York in 1850. Married a girl of Welch and German parentage. Settled in Madison County, N. Y. Remained there three years. Did not like the people and came to Virginia in 1856. Settled in Loudoun near the Fairfax line, about two miles from Dranesville. Has kept close at home. Knew nothing of the Northern army. Had no communication with it, direct or indirect. Was arrested and taken to Dranesville. Was there three nights and two days. Was permitted to go about without a guard until several of his neighbors were arrested. Then they were sent to Fairfax, thence to Manassas, thence to Richmond. Does not know for what he was arrested. Says he took the incipient steps to become a citizen of the United States while in New York. Never took the final oaths. Says he is willing to take the oath of allegiance to the Confederate States and the State of Virginia. Says as Virginia could not get her rights she ought to have seceded, though he wished in his heart peace could have been preserved. Says he served in the militia when the Loudoun and Hampshire Railroad was destroyed and aided in taking up the rails. Says William Randle married his sister. Was an easy kind of man and persuaded him to leave Wisconsin and come to Virginia. I recommend Jones be discharged on taking the oath of allegiance.

...

{p.1461}

Thomas McDonough.-Born in Philadelphia; lived in Boston seven years; returned to Philadelphia. In October, 1860, he came South. Worked in Wilmington, N. C., eight months. Left Wilmington in July last. Says he traveled on foot. Went to Raleigh; thence he came to Petersburg and Richmond; thence attempted to go to Baltimore. Was arrested and imprisoned at Frederick and was released. He then attempted to get to Baltimore and was taken at Dumfries and sent here. Says he was in search of work. Will not take the oath of allegiance. I think he should be held as a prisoner.

...

F. Fillmer.-Born in Germany; came to America three years since. Lived in Baltimore. Came to Alexandria 19th or 20th April. On the 23d April volunteered in the Virginia volunteers. Was regularly and honorably discharged for disability last fall. Says he went from Richmond to Fauquier to get his clothes. Was arrested and sent here. Says if discharged he will go to work in Richmond. I recommend his discharge on taking the oath of allegiance, but that no transportation be furnished him.

...

J. M. Smith.-Says he was born in Alabama; moved when seven years old to Indiana. Came to Pocahontas, Va., to see an uncle and was arrested. After a long examination admitted his uncle was commissary in the Indiana brigade on Cheat Mountain; that he had traveled in a United States Government wagon. He was arrested within the lines of the U. S. Army. Owes his allegiance to the United States. Although I think this man was not candid in his statement as he was not in our lines I do not see how he can be treated as a spy. I recommend he be held as a prisoner of war.

...

Daniel Scully.-Born in Ireland; came to Canada 1842. Returned to Ireland and came to New York about 1848. Lived in New York and Canada about ten years. Four years ago was in Virginia and worked for the Loudoun and Hampshire road. Worked at Louisa Court-House. Went to Moore County, N. C., and worked for Sowers. Came to Richmond and worked near here. Last spring went back to North Carolina; then started to go back to New York and Canada. Is a wagon maker. Says he is still a British subject and not a citizen of the United States or Confederate States. Seems reluctant to go to work unless he can be better clothed than he now is. Desires to get to Canada. This man seems to be a harmless wanderer. Perhaps he had better remain in prison until something more can be learned about him.

...

Floyd Gerrold.-Aged twenty-one; arrested by Pate’s company on the day the fortifications on Coal River near Amos Workman’s were taken by Pate’s company. Prisoner says that Simon Gerrold, Parris Gerrold, Jackson Gerrold, Irvine Gerrold, Harrison Wall and himself had been hunting cattle in the mountains the day before their arrest. Night came on them near Amos Workman’s. They lay down in the woods and slept. In the morning they got breakfast at Amos Workman’s. His party each had his hunting rifle. Says several men he did not know breakfasted at Amos Workman’s. After breakfast his party started home and were arrested seven or eight miles from Workman’s near Gunnoe’s. Says he never was a member of the home guard. Never knew of such an organization. Says he and his companions carried their rifles because it was their habit to do so whenever they {p.1462} went into the mountains. Knew nothing of the fortifications. Had no intention to resist any authorities civil or military. In his examination before me William Workman stated the Gerrolds belonged to the home guard. Of the five Gerrolds, three, Simeon, Jackson and Irvine have died in prison. They are all youths related to each other and from seventeen to twenty-one years of age. I cannot help believing they were part of the force dispersed at Amos Workman’s fortifications by Pate’s company. But I believe they were dupes of older men engaged in this treacherous rebellion, all of whom except William Workman and Floyd Cook have escaped. I think the boys may hereafter be proper subjects of mercy; but at present, as this country is in possession of the enemy, I cannot recommend their discharge.

...

Harrison Wall.-Aged twenty. Another youth arrested with the Gerrolds. His case is similar to Floyd Gerrold and the remarks made on that case apply to this case.

...

Samuel Clothier.-Born in Winchester, Va., and lived in that vicinity till he was twenty-one. Went to Lewis County, Va. Was taken at foot of Powell’s Mountain, in Nicholas County. Says he went from home to the post-office. While from home a company of Northern troops on the way to Cross-Lanes impressed his wagon and team and his son as driver. Says his son was in bad health, and he could not procure his release except by taking his place. He was promised his release at Sutton. Was taken on to Cross-Lanes and Gauley. There he was discharged on the urgent solicitation of friends from his county, whose teams had also been impressed. On his return a party of scouts from Meadow Bluff arrested him. His team was confiscated and he was sent here as a prisoner. Says he had always been a Democrat, but voted against secession. Never had had anything to do with the Wheeling government. Voted for Jackson Arnold to come to the legislature in Richmond, Arnold was not elected, but went to Wheeling. He is willing to take the oath of allegiance, and as far as he can support the South. Belongs to the old Methodist Church. Did not see cause to quit it when it split. James Bennett, surveyor of Lewis County, former member of the legislature, testifies: Clothier has always been a man of good character for veracity. Had the character of a Union man. His sons, who were of age, were acting as guides and pilots for the Northern troops. Has no doubt if Mr. Clothier takes the oath of allegiance he will firmly adhere to it. He thinks in the present condition of that county Mr. Clothier’s discharge on taking the oath will be beneficial. His connection is large and divided. He thinks Mr. Clothier if discharged will procure the release of several secessionists who are prisoners. Has known Clothier thirty years. Mr. J. M. Bennett, auditor of Virginia, has known Clothier near twenty-five years. Says he is a man of truth and honor. If he takes the oath of allegiance will adhere to it. Says he thinks his release will have a good effect. Concurs in the reasons assigned by James Bennett. Mr. Brannon, State senator, has known Clothier twenty years. Says as a man he stood high in society. Is a man of truth. Says when our difficulties occurred he was considered from his associates identified with the Union party. Says Clothier belongs to a church which has created most of the difficulties in that county. Mr. Brannon concurs with Messrs. Bennett in the opinion that Clothier’s release now will be beneficial. Rev. Mr. Crooks, a Southern Methodist preacher, who was two years ago preaching in Lewis County, concurs in the opinions of Clothier’s character {p.1463} expressed by the other witnesses. He and Clothier belonged to different churches. Has been absent from Lewis County two years, and can express no opinion on the effect of his release. Believes if he takes the oath of allegiance he will firmly adhere to it. In this case the circumstances under which Clothier was arrested make him clearly liable to be held as a prisoner. The question of his release is therefore one of mercy and policy. Of this question I am not able to judge from information before me; but as the three gentlemen who recommend his release are all leading men in this region, men of character, intelligence, influence and actively identified with our cause in that county, in deference to their judgment and as a matter of mercy and good policy I recommend his release on taking the oath of allegiance.

...

Simeon Nelker.-Born in Kalisch, Russian Poland. Educated in part in Kalisch; completed his studies at Berlin; Jewish rabbi. In pursuance of the arrangements of his church traveled before he could assume the full functions of his order. Traveled through Great Britain and in May, 1860, came to New York; staid there two or three weeks, then went through several other cities to New Orleans; went from New Orleans to visit Solomon Franklin of Richland, Ark., who he says is his cousin. Returned to New Orleans; thence to Mobile; traveled through Alabama; went back to New Orleans; then to Saint Louis and through to Canada. Visited the cities of Canada as far as Quebec. Then back through Detroit, Chicago, Saint Louis to New Orleans; then came to Tennessee and through Lynchburg to Warrenton, Fauquier. On his return from Fauquier he was arrested on the cars and sent to Richmond. Says he wishes to go to Solomon Franklin’s, in Arkansas, and remain there until the war is over or until he can return to his own country. Says his father is a man of great wealth. Says he never inquired into the condition of our armies, or gave any information, directly or indirectly, to the enemy. I inclose with this examination Provost-Marshal Boyle’s order sending him here. Jacob Peck, of Richmond, tailor, testifies: He knew the prisoner in Kalisch. They went to the same school. He is the son of a rich merchant in Kalisch, and was educated as a rabbi. Witness came to the United States several years ago, and has lived in Richmond two years. Samuel H. Rich testifies that he (witness) came to Richmond two years ago. Was to have come to the United States when Nelker left Kalisch but could not get off. Says he knew Nelker. He was educated as a rabbi and traveled according to the regulations of the church before he was fully inducted into his position. Col. Robert Johnson, member of Congress from Arkansas, informs me Solomon Franklin is a firm friend of the South. I recommend Nelker be discharged and be furnished when he requests it with a passport to go by Memphis and Napoleon to Richland, in Arkansas.

...

Leonard Noyes.-Born in Connecticut. Went at twelve years of age to New York to learn a trade. Left his master at sixteen. Lived several years in various places in Connecticut. Then went to Key West in a fishing smack. Lived there, fishing, wrecking and working at his trade. Returned to New York. Went to Californian a sailing vessel. Returned in another vessel by way of Sandwich Islands. Afterward went to Key West, where he remained as a fisherman, wrecker, &c. Was taken prisoner in a Northern fishing vessel by one of our privateers. Says he owes his allegiance to the United States. I suggest this man be held as a prisoner of war.

...

{p.1464}

Hamilton Smith.-Born in Ohio. Says he came to Guyandotte to bake for a man who had the contract to bake for the regiment Whaley was raising for the United States. Was taken prisoner by Jenkins’ men before he commenced baking or concluded a contract to do so. Says he owes his allegiance to Ohio and the United States. I suggest he be held prisoner as an alien enemy.

...

Thomas Wauldron.-Born in Ireland; came to Philadelphia in 1851. Has lived in Philadelphia and New Jersey, and a short time in Maryland. Came to Prince William to live with Mr. Cutts. Was arrested at Mr. Cutts’. Says he is a naturalized citizen of the United States and cannot take the oath of allegiance. I suggest he be held as a prisoner.

...

Sanford Thomas.-Born in Breckinridge County, Ky. When twelve years old removed to Cass County, Ind. Has for twelve years roved about the country. Lived the last three years in Brown County, Ohio. Was promised the appointment of sutler to Whaley’s regiment. Went to Guyandotte to make his arrangements; was taken prisoner before the regiment was raised. I suggest he be held as a prisoner of war.

...

G. Thornton, alias Thornton Gunnoe-This man was examined before me on the 7th of January and then stated: He was born in Morgan County, Va.; was raised in Morgan. Lives on Sir John’s Run; shoemaker by trade, but sickly and unable to follow his trade. Has worked for several years for the Baltimore and Ohio Railroad repairing track, &c.; quit work when the bridges were destroyed. After he quit work on railroad went to Berkeley County to work in the harvest field for Pitzer and for Sybert. Says he never had anything to do with the Northern men or their friends. Says he went to see his sister-in-law in Frederick, Md., and in so doing passed through the Northern army at Williamsport. Says he was recommended by Richard Gregory, of Hancock, to Mr. Kennedy who gave him a written pass. The men who arrested him destroyed Gregory’s letter. On his return came through Middleton, cut off from Hagerstown and Williamsport, and crossed the river way below; does not remember where. Came up through Hancock and around home. His brother, one of the company raised by General Carson’s orders, was shot by Rector, a Union man. Says he voted for Michael to go to the legislature and Kennedy to go to Congress. On the 10th (to-day) he was called up again for examination in the presence of Mr. Sherrard, the delegate from Morgan. He had previously passed in prison by the name of G. Thornton. Mr. Sherrard recognized him as Thornton Gunnoe, of Morgan County. Prisoner said he had told the clerk of the prison several times his name was Gunnoe. He said he forgot when examined to tell me so. Gave the same account of his birth and residence he gave on his first examination. Said his brother was killed by Cornelius Spriggs and Henry Rector. Says he got over the river by a pass procured by Gregory. Says Shanks was with him when he was arrested, but Shanks made his escape. Denied he belonged to Dykes’ Union company. Had not seen Dykes for four days before his arrest. Says he ran when he was arrested, but did so because he was scared. Admits he was one of the party guarding Capon bridge to prevent it being burned by a parcel of rowdies; but says John B. Stuart, the superintendent, ordered them not to resist if the Confederate troops came to burn it. Mr. Sherrard says Gunnoe is an ignorant man led by the employés of the Baltimore and Ohio Railroad {p.1465} and others. Says he is a thorough Union man. Says Gunnoe’s brother who was killed by Spriggs and Rector was a Union man and was sup-posed to be killed by mistake, the design being to kill Hunter, a secessionist. Says Gregory who procured the pass for Gunnoe to go to Maryland is now provost-marshal of the United States at Hancock. Says Gunnoe was regarded as a harmless, inoffensive man before these difficulties, and his chief fault is his devotion to the Stars and Stripes and being the dupe of the mischievous men who have brought the enemy into that country. I think this man ought not to be released.

...

E. E. Hughes.-Born in Rockbridge County, Va.; learned the carpenter’s trade; lived two years in the South; visited his mother and removed to Iowa in 1850. Owns a farm which with the stock is worth $7,000-deeded it to his mother. Having heard the people in Virginia were in great want he came to Virginia to take care of his mother. Crossed the Ohio into Cabell County. Got directions from Southern men how to get through the country. Started to go through but was arrested in Logan County. Says he is unwilling to take the oath of allegiance because he might lose his property. This man is candid and honest. If he had taken the oath I would have recommended his release. I must advise he be held as an alien enemy prisoner.

...

C. Rodman.-Born in Rhode Island; came to Virginia in May last. His examination corresponds closely with a letter herewith inclosed.* He refuses to take the oath of allegiance. I think this man liable to be held as a prisoner and I do not see how mercy can be extended to him. But in consideration of his good conduct I should be pleased to see him exchanged as soon as the enemy will exchange.

* See p. 1383 for Rodmans statement.

...

Caleb N. Stevenson.-Born in Cabell County, Va., now Wayne; lives six miles and a half from Guyandotte. Was arrested by Capt. Vincent Witcher’s company; for what he does not know. Voted for the Union because he was told it would keep war out of Virginia, but when Virginia went out of the Union he went with her. Had nothing to do with the Northern army or their friends. Staid close at home to keep out of their way. Ready to take the oath of allegiance. Mr. Laidly, delegate from Cabell, says prisoner is an ignorant, obscure man, but honest, and has kept himself very quiet in the disturbances in that county. Says Captain Witcher’s company is one of independent scouts and are supposed to be indiscriminate in their arrests. I recommend this man be discharged on taking the oath of allegiance.

...

William A. Dolby.-Eighteen years old; born in Hardy County; lives on Patterson’s Creek. Says his father is a Union man. He is a secessionist. A man named Michael, his cousin, was killed by the militia of Hardy. His father was much enraged and compelled him to join the Union guard under D. Shell. Says his father threatened to turn him away from home if he did not join. He is crippled in his left hip and shoulder, and feared he could not make a living. He joined the guard and had a musket given him. The article signed by him only bound him to defend property from marauders not belonging to either army. Would not have joined the guard if he had been required to make war on the South. He is just out of the hospital and has a bad cough. I believe this young man’s story, but as he was taken with arms in his {p.1466} hands he is properly a prisoner of war. I would recommend him to further mercy if I saw how it could be properly extended. For the present I must advise he be held as a prisoner.

...

Oliver Jarrett.-Lives on Cabin Creek, Kanawha County, six miles above its mouth. Voted against secession, but when State seceded went with it. Has never had anything to do with Northern troops. Once saw a party passing down the creek, but he kept out of their way. Has been from home once to buy groceries. Went to Malden; saw no Northern troops there. Willing to take the oath of allegiance. I recommend this man be discharged on taking the oath.

...

Seth Jarrett.-Brother of the above; makes the same statement with his brother, except he says when Wise’s Legion was on the Kanawha he worked to fix guns and swords for Slusher Brady, Augustus Manser and other persons who were going to join the Son them army. Will take the oath of allegiance. I recommend his discharge on taking the oath. Note that these men were in the hospital when the other Paint and Cabin Creek men were examined, and the general remarks I made as to those men apply to the two now under consideration, viz, I think all these men were removed as a measure of precaution when our army was on the Kanawha.

...

James M. Cornan.-Born in Greenbrier County; removed to Nicholas County; is a farmer. Says he did not vote on the question of secession. Was a Union man until Virginia seceded; now he is for the Confederacy. Says he was arrested at home. When the enemy took possession of the county they camped near his house. He says they came to his house in search of corn. He could not resist them and permitted them to take what they wanted, and they told him if he would go to their camp they would give him coffee for the corn they had taken. He went to the camp and got coffee. Says he served in the militia till he was honorably discharged by his commanding officer. He has a brother serving in the Wise Legion. He is willing to take the oath of allegiance. Mr. Alderson, senator in the State-legislature, and Mr. Robinson, prosecuting attorney, both give this man a high character for integrity and veracity and say he has the character of a Southern man. I recommend his discharge on taking the oath of allegiance.

...

W. L. Watson.-On prison books D. Wartrous. Was born and raised in New York. Left there early in July last. Came through Philadelphia, Wilmington, Baltimore to Washington. Says he swam across the river between Chain Bridge and the Aqueduct. Went to our pickets. Was taken to General Bonham’s camp with a view of coming to Richmond to work. Was a member of the workingmen’s committee. Was opposed to the policy of Lincoln. Sustained the course of South Carolina and was compelled to flee from New York because of his political opinions. Says he was master mechanic on the Panama Railroad. Was in Cuba as a steam-boat architect and in Mexico building lighters for the Pacific steam-boats. In each of these places he was involved in political troubles and made his escape from prisons. His last employment in New York was as engine dispatcher on the New York and Erie Railroad. Says he was a voluntary contributor to the New York Daily News. Thinks it probable General Smith would know him. Says he has a plan for steam-boats which he thinks might put {p.1467} an end to the war. Says he left the plan in Washington with a friend with directions to send it to Richmond if he heard from him in two weeks. If not to return it to New York. Expresses an unwillingness to submit his plan to navy officers because of their prejudices. Prefers submitting it to merchants in Charleston and Savannah, but says he will submit it to naval men if relieved of suspicion and from confinement. He will not take the oath of allegiance to the Confederate States but desires to be released on his parole of honor. In this case it is clear the prisoner is an alien enemy, and as such may be rightfully held. It is not clear he is not a spy, but as General Smith’s testimony may show him to be a political refugee I hope he will be written to on the subject. I cannot recommend his discharge, and for the present I recommend he be held as a prisoner.

...

James Kincaid.-Boy of sixteen; born in Fayette County; son of James Kincaid; lives on head of Loop Creek. Says he never had anything to do with the enemy or the home guard. Was arrested in August; has been in jail since. Willing to take the oath of allegiance. Colonel Coleman says this boy lives in a disaffected neighborhood. His father is a quiet man, and it is understood he and his family are not of the disaffected party. I recommend his discharge on taking the oath of allegiance.

...

Thomas H. Duke.-Born in Shepherdstown; raised there, and worked in the mill of Alexander Boteler until July, 1860; then went to Antietam Mills, in Maryland. Staid there till Christmas, 1860; then returned to Shepherdstown and worked for two months for William Sherrard; then went back to Antietam Mills and worked off and on there until harvest; then went back to Antietam and worked until he came over to see his mother, when he was arrested. Says he got there on Thursday and was taken on Friday, and taken to Colonel Ashby’s camp. This boy is strongly suspected to have guided the party that seized Capt. Alexander Boteler when he (Captain Boteler) was taken by the Massachusetts men. Duke acknowledges he came over that night and returned the next morning. He denies all connection with the affair, and says the party was led by one Kezer, a deserter. He is also suspected to have come over when he was taken as a guide to a party intending to attack Colonel Ashby’s camp. He admits he was with the party, and escaped them by promising to return; but says he gave information to prevent Ashby’s surprise. Says he was with the same party when they crossed the river some nights before; that he was compelled to go with them but pretended he did not know the road and they turned back. I do not like this boy’s manner, and strongly suspect him to be in complicity with the enemy in these two affairs. He is near twenty-one-years old. Is willing to take the oath of allegiance and is desirous to enlist. I think the best disposition that can be made of him is to permit him to enlist provided he is sent to the South.

...

George W. Smith.-Born in Albemarle County, Va.; lived in Augusta and Rockingham; volunteered; was sent to Harper’s Ferry; was discharged by the surgeon of his regiment; went home and worked as a hand till the corn crop was laid by, and then went to hunt the soldiers; was takes up by some wagoners and brought here. This is the account this young man gives of himself. He is I think of feeble and deranged intellect. I would advise he be examined by a medical board, and if it be proper to do so, he be sent back to Augusta County.

...

{p.1468}

Edward Barnes.-Says he was born and raised in Upper Canada. Left Canada a year ago last summer. Worked two weeks in New York. Came through Pennsylvania by way of Pittsburg to Virginia. Gives no account of the route he traveled. Professes great ignorance of his route. Evades every question asked. Says he worked ten months for Mr. McLaughlin, in Pocahontas, on Tygart’s Valley River. Says he was arrested in Pocahontas, and afterward said he was arrested near Meadow Bluff. I believe this man is a spy, but I have no information of the time or place of his arrest or of the charges against him. My conclusion is formed from his examination. I must express a regret that officers in command send citizen prisoners here without any evidence or reports that may aid in ascertaining their true character. I would advise this man be held as a prisoner.

...

Joseph F. Griffin.-Says he was born in Eaton, Ohio. Was arrested at Gauley Bridge. Pretends to be stupid. I think he is acting a part. I have no return or information about him. I recommend he be held as a prisoner and further inquiry be made about him.

...

Armstead Magaha.-Born in Loudoun County, Va. Lives a mile and a half from Lovettsville, between that and the river. Says he carries on a blacksmith shop at Berlin, in Maryland. Has done so for five years. Rents the shop from year to year. His lease expired last Christmas. Before the bridge was burned at Berlin he crossed every day. Says after the bridge was burned he boarded in Berlin and crossed frequently until the enemy’s pickets were placed on the river. Says since the 1st of July he never crossed until the night he was taken. Says he got a skiff and evaded pickets. Afterward he said on the night he was taken was permitted by the captain in command of the pickets to cross in company with Rouse, Smith and Slater. They got a skiff and crossed. They promised the captain to return that night. Says they had nothing to do with the gondola boat. Were going to their skiff when arrested. Says he had about $2,000 due him for work on the Maryland side of the river and his object in remaining there was to secure it. I submit the report of General Hill and the affidavits of S. Price and S. Crumbaker. I recommend this man to be held as a prisoner.

...

E. Rouse.-Lives in Lovettsville, Loudoun County, Va. Says for thirty years he has worked as a carpenter in Berlin at times. This spring did some work for C. F. Weimer, and early in July went to finish a house for him and worked until within a month past. The enemy would not permit him to return. Says on the night he returned he, Magaha, Slater and Smith were permitted to come over on promise to return that night. They got a skiff and came over and on their return were arrested. Denies they had anything to do with the gondola boat. I refer to General Hill’s report and the affidavits of Price and Crumbaker filed with it. I recommend this man be held as a prisoner.

...

W. J. Working.-Born in Adams County, Pa. Lived there till he was twenty-one; then his father moved to Frederick County, Md. Says he lived in Hamilton, west of Leesburg. Went to Maryland some time in July. Was sick two weeks and when he desired to return could not get permission to pass the pickets. At last a corporal put him secretly over the river. Says he has forgotten the corporal’s name. I file the affidavit of Elijah White and refer to General Hill’s report. I think this man ought not to be discharged.

{p.1469}

[Indorsement.]

JANUARY 16, 1862.

Acted on and James M. Cornan and James Kincaid ordered to be discharged.

R. O[ULD].

JANUARY 19.-George W. Smith ordered to be discharged.

R. O.

...

Miles Johnson.-Was born on Loop Creek; son of William Johnson. Was arrested at Light’s Mill on Loop Creek. Had gone to get corn ground. Never had anything to do with the home guard. Never saw the paper or had anything to do with it. Did not know who were in it except from reports. Is Southern and willing to take the oath of allegiance. Went to Paint Creek to his uncle’s, Jesse Jarrett, to help him in his work. Was there the first time the Caskie Rangers were in his neighborhood. Says the Southern soldiers have been at his house. He boarded the men. Sold them all his potatoes and gave them his apples. Says the Northern soldiers passed up the creek on which he lives once. Did not serve in the militia when called out because he did not get notice. Witness A. C. Bailey, captain of militia in Fayette County, says Miles Johnson is a man of good character; knows little of his position. The neighborhood is disloyal and Johnson has to keep very quiet. His father-in-law is a firm Southern man and his father is also Southern. Captain Caskie, of Caskie Rangers, by whose troops he was arrested, has heard of no act of disloyalty and thinks he might properly be discharged. I recommend his discharge on taking the oath of allegiance.

James Morris Fayette.-Says he was born in Patrick County, Va. When he was twelve years old his father moved to Marsh Fork of Coal River. Prisoner says he now lives on Sand Lick Creek, a fork of Coal River. Says he was arrested at home by a part of Phelps’ company. They stated he was a deserter from Captain Adams’ company. Says he was with Adams’ company awhile, perhaps a month. Mustered with them but never signed a paper or was sworn in. Says he was never regularly mustered into service. He says when Wise retreated from Kanawha his captain gave his company leave to go home, but to meet again to go to Greenbrier. Says only twenty-four met at place of rendezvous. He was sent by the captain to get fifteen of the men to return. Names eight only of them. He represents he was riding about the county hunting for these men until he was arrested. Says he was three times at Jacob Petries’. Was on Paint Creek the 15th of October; cannot tell why. Was at Brownstown purchasing goods for his family. Does not remember from whom he bought them or whether it was from an old store or one newly established. Will not tell where he was the day before his arrest. (Note.-He was arrested on the 25th of October; the 24th, the day before, was the day of the election held by the usurping government of Wheeling.) Captain Bailey says he knew the prisoner as a citizen and a soldier. As a citizen he was generally regarded as a dissipated man. As a soldier all he knows was stated by Captain Adams before a court-martial in which this man’s case was heard. He was regarded as a faithful soldier until his desertion. Says the case was postponed by the court until further evidence. After the prisoner was sent to the guard room Doctor Moss, who had been requested to appear as a witness, appeared. Doctor Moss said he came to the prisoner’s {p.1470} house immediately after his arrest and the soldiers who arrested him found an Enfield musket and a Northern uniform in his house. The prisoner was re-examined and stated the musket and uniform were left the night before in his absence by one William Workman, a cousin of the man now in prison. What they were left at his house for he does not know. I called at the adjutant-general’s office but the adjutant-general and Colonel Chilton were out and I was informed there were no returns of Adams’ company in the office, but the clerk made no examination. In this case I am satisfied that Morris is a deserter from Adams’ [company], Floyd’s brigade, and that after his desertion he was actively going about the country and among the disaffected tories and was on the Kanawha near the enemy. He does not account for the uniform and Enfield musket found in his possession. I think he should be held and further inquiries be made to bring him to justice as a deserter who joined the enemy.

...

Isaac Slater.-Aged eighteen; born in Loudoun County. For the past five years lived in Lovettsville as a clerk for Stoneburner. Soon after the 19th of April says he went to Washington to stay with his father, who is a clerk with A. & T. A. Richards, brickmakers. Says his father is poor and he had been in the habit of sending him his wages, and fearing trouble he went to his father to aid him. Says he staid in Washington till 14th of August when he went to Berlin, in Maryland. Was a clerk there for Hoffman & Howell; then for C. F. Weimer, and lived, with him till he was taken. Came over with three other persons to see his friends and acquaintances the night he was captured. They got permission from a Northern captain to come. Came in a skiff; knew nothing of the gondola boat. Was taken going past it to the skiff. Says he came across two or three times before. Denies any participation in taking Stoneburner’s horse. Says he was in Berlin when it was taken. Says he never thought of citizenship. Was willing to take the oath of allegiance if I would advise him to do so. Says William Smith who was taken with him is his cousin. Refers for his good character to H. M. Fellers, Jacob Stoneburner and various other citizens of Loudoun. Is much subdued and anxious to be released. I file the affidavit of Cruzen. I refer to General Hill’s report and deposition. I think favorably of this young man’s deportment and apparent candor on his trial. If I could see how with propriety he could be discharged from prison I would suggest it; but although my sympathy for him is strong no mode of extending mercy to him occurs to me. I must suggest that he be held as a prisoner.

...

William Smith.-Born in Loudoun; went to Maryland 17th of June. Says he staid below Fredericktown working on the farm of his stepmother’s brother. Several times came to Berlin. Crossed over 2d of August; returned 4th of August. Was not interrupted by the pickets. Crossed again when he was arrested. This is one of the men sent by General Hill. I refer to his letter and the affidavits filed with my last report, especially Crumbaker’s. The impression of this man’s character made on me by his examination is that he is a bold, artful, unscrupulous man who went over to the enemy when the militia were called out. I think he is able to play the part of a spy. I recommend he be held as a prisoner.

...

Robert Power.-Born in Loudoun County. His father lives six miles from Leesburg. For more than a year prisoner has lived at his uncle’s, {p.1471} Thomas Gheen, four miles from Centreville, working on his farm. Says before Christmas he went up to his aunt’s, Mrs. Rose, of Loudoun, to get some money. His aunt gave him some eggs which he took to the post nearest to him to sell. He was arrested and taken to Colonel O’Neal, of the Ninth Alabama Regiment. Was told they were in search of Shelton Ambler, who had passed Indiana money on some of the soldiers. Suspected him to be a partner of Ambler’s; thought he had given notice to Ambler, and suspected him to be a spy. Declares he is innocent of the charges. Says he has never had anything to do with the enemy. Says last summer he was at his brother-in-law’s, Bodine, and saw the tents across the river. He was at Leesburg and saw the Yankee prisoners brought in after the battle. These are the only times he has seen Yankees. Has a brother and several brothers-in-law in the Southern army. His brother is in Mead’s Loudoun Cavalry. Two of his brothers-in-law are in the Loudoun Artillery. Is willing to take the oath of allegiance. Mr. Huntt, delegate from Fairfax; says he does not know this young man, but he knows Gheen, his uncle with whom he worked the last year, is true to the South. Colonel Ball, of the senate, from Loudoun, says his brother and several of his brothers-in-law are in the Southern army. His whole connections are faithful Southern people. Does not know him. Colonel Ball handed me the petition of Power’s brother for his release and the petition of officers and men of the Eighth Virginia Regiment for his release, herewith sent. This young man is modest, and I think true and honest from his examination before me. No charge has been sent on with him. I unhesitatingly recommend his release.

Charles Holland.-Born in Saratoga, N. Y.; his father is an Englishman; came to Prince William County, Va., when prisoner was a child; prisoner is now twenty-six years old; lives five miles from Occoquan. Says he was arrested under a charge of selling spirits to men in Hampton’s Legion. Says he was imprisoned and afterward acquitted of that charge, and when he was about to be dismissed he was accused of disloyalty and sent on on that charge. He says he fell under bad influences about Occoquan, and under false information he voted for Lincoln and against secession. Says he has repented sorely of these votes and goes cordially and earnestly with the South. Says his brother is a volunteer in the Southern army. He (prisoner) offered to volunteer but was rejected because his leg is so injured he cannot perform military duty. Is willing to take the oath of allegiance. Says he lives within our lines and has never crossed them. Since the war began he has never been two miles from home. Capt. Aylett Nichol, of the Prince William Militia, examined as a witness, says Holland has a brother in the Southern army who stands high as a soldier. Says prisoner’s general character is good; has seen him rarely since the war commenced; has heard reports unfavorable to his political character; has heard that before the war he was involved with the Underwood party. Mr. William E. Goodwin, sheriff of Prince William, says Holland has a brother in the army who is a good and faithful soldier; says he conversed with the prisoner last spring and summer and reprimanded him for his votes. Prisoner said he had been misled and was very sorry for what he had done: said he wished to go into the army with his brother but his disabled leg prevented his doing so. Witness says he has been frequently in the prisoner’s neighborhood and has kept his eye on him in consequence of his vote, and he believes Holland has staid quietly at home and has not been connected with the Northern army {p.1472} or with its friends. Says the prisoner is a man of good general character. Mr. Lynn, delegate from Prince William, says prisoner acted with the Underwood party up to the secession vote. After the course of Virginia was known prisoner declared he had been misled; expressed his sorrow for his course and his determination to stand by the South. He says in consequence of prisoner’s votes witness watched his course. He says Holland separated from his Union associates; remained quietly at home; most of his associates ran off; he believes Holland has behaved quietly and properly since the war. All three of these gentlemen think if Holland takes the oath of allegiance he will keep it faithfully. They say he is a man of truth. There is no charge filed against Holland. His vote for Lincoln indicates a state of political feeling when it was given which subjects him to suspicion then and ever afterward, but it is not an offense for which he can be legally punished. It certainly would give an unfavorable color to any subsequent offense; but the man expresses penitence. He has been closely watched and nothing wrong observed in his conduct. Under the circumstances before me I do not see how he can be held as a prisoner without trampling on the constitutional rights of citizens. I recommend his discharge.

NOTE.-After this report was prepared I received the papers sent me herewith in an envelope. I have examined these papers and they have not materially affected my opinion. The omission of Slater’s name in Stoneburner’s affidavit is unfavorable to him. Magaha’s statement that he had rented a shop in Berlin is confirmed, but it was to say the least a serious error in him if he was true to the South to attempt to carry on business in the enemy’s lines. His crossing back and forward afforded opportunities for communication with the enemy that might seriously endanger our interests. In the affidavits submitted some revengeful expressions are proved to have been made by him. I think it probable if the enemy had arrested him in Berlin he could have made a much stronger case of fidelity to them than he has to us.

[Indorsement.]

JANUARY 19, 1862.

Acted on, and Miles Johnson, Robert Power and Charles Holland ordered to be released.

R[OBERT] O[ULD].

...

Samuel Reeves.-Cripple; age twenty-four; born in Prince William, at Occoquan; arrested by Prince William Cavalry. Says he was told he was arrested on suspicion of infidelity. Voted for Lincoln; expressed penitence for his vote. Voted for reference to the people of the action of the convention. Did not vote on question of secession because he found he was going wrong and wanted to separate from the persons who had deceived him. Says his father is a shoemaker, and he (prisoner) has been a cripple since he was two years old. Depends on his father for his support. Usually voted with his father, but got to drinking with Gould and other Northern men. They persuaded him Lincoln was the best man for the Presidency and would make money plenty and give him good employment. His only occupation has been on wood boats and fishing. Has not been on a wood boat for a year. Has been fishing since the difficulties commenced with Captain Gray and Marshal Davis. Did not go out of Occoquan Bay but once, and then went only three-fourths of a mile out. Caught nothing but white perch. Met no boats except boats from Occoquan. Had no communication {p.1473} of any kind with the enemy or persons connected with them. Had no communication with Mr. Abe Lincoln associates. Has completely separated himself from them, and goes with the South. Is willing to take the oath of allegiance. Mr. Lynn, delegate from Prince William, says he knows the father of this man well. He knew his brother well. They are all men of truth and true Southern men. He knew less of the prisoner. He has always been a cripple. He was led off by the Underwood party. They had plenty of money and prisoner was led to frolic and associate with them: He voted with them until the troubles began. He then separated from them and has since continued separate from them. He knows when that party left prisoner could have left with them, but he chose to separate himself from them. He says prisoner in consequence of his vote and association with the Underwood party has been watched, and is satisfied he has behaved with propriety since our troubles began. He says the village of Occoquan is purified from the tories and the prisoner could not communicate with the enemy if he wished, but thinks he does not wish. He thinks this man is a man of truth and integrity. In this case there are no charges against the prisoner. There is no evidence he has committed any offense either against Virginia since secession or against the Confederate Government. He is too much crippled to be a soldier, and from Mr. Lynn’s testimony cannot do injury as a spy if he were so disposed. He seems to be honest and truthful. I recommend his discharge on taking the oath of allegiance.

[Indorsement.]

JANUARY 21, 1862.

Acted on and Samuel Reeves ordered to be discharged.

ROBT. OULD, Assistant Secretary of War.

...

Robert Scott.-Born in Monongalia County, Va. Went to Maryland. Enlisted in the Regular Army of the United States. Served in the Mexican war in Company F, Third Artillery. Was discharged in California in 1849. Has lived in California until March last, then came through Texas to Fort Smith. At Fort Smith found General McCulloch’s courier was sick. Carried dispatches back to Texas. From Fort Smith came to Tazewell County, Va. There for a month he drove cattle from Tazewell to Chapman’s army. Hansbarger employed him from Chapman. Says he was discharged from this service at the Salt Sulphur Springs, in Monroe. Went to Lewisburg, Greenbrier County, where he was arrested and-discharged. Then he went to Frankford, Greenbrier County, where he was arrested by citizens; his horse, saddle, bridle, revolver and bowie-knife taken from him and he was sent on here. General Chapman says this man was employed by Hansbarger to drive cattle from Tazewell to Monroe for General C.’s brigade. Says he was mounted on a mustang and he had a Mexican saddle. He did not suspect anything wrong. General Haymond informs me the Scott family of Monongalia are Southern in their feeling. Two Scotts were in the Regular Army in Mexico. He was not present at the examination, and did not know whether this man was one of them. Scott is willing to take the oath of allegiance. Says if his horse, saddle and bowie-knife and pistol are returned he would be willing to volunteer in a cavalry company; but he is forty-two years old, and would not be willing to serve in an artillery or infantry company. Assuming this man’s {p.1474} statement to be true as far as it goes he is a citizen of California. Has traversed the whole extent of the Confederacy. Has not disclosed his purposes and intentions to any one. He ought therefore to be dealt with as an alien enemy passing through the country improperly. But I am not satisfied his statement is true. His account of his trip from California through Texas to Fort Smith and from Fort Smith to Tazewell is too meager to be satisfactory. I cannot avoid the suspicion he is a spy. For the present I recommend he be held as a prisoner of war.

...

Caleb Wriston.-Born in Fayette County. Raised on the Clear Fork of Coal River. Now lives on Johnson’s Branch of Loop Creek, near its head. Says he has been at home all summer except to go to mill and to go twice to his father’s on the Clear Fork of Coal. Says he moved last spring from Paint Creek and this spring has had part of his crop on the place from which he moved, four or five miles from where he now lives. Does not know who were members of the home guard except from report. Saw the Northern troops the day he was arrested. They were stationed on Loop Creek. William Johnson, prisoner’s brother, John Wriston, prisoner and another neighbor came down the branch going to mill. They were stopped by the pickets and on request of William Johnson were suffered to pass. Did not hear the conversation between Johnson and the officers. Does not know what Johnson said. They went to the mill and were arrested by Caskie Rangers. He says this was the only time he ever saw the Northern troops. Another time they came up Loop Creek but he did not see them. He says when Caskie Rangers before this came up Loop Creek all the men on the creek ran off. The men on Johnson’s Branch remained at home. Says when Jenkins’ cavalry came up the branch he sold them his grain and gave them his apples. The Northern men afterward threatened the men on the branch with destruction because they were “secesh.” Captain Caskie and Mr. Ticknor, private in the Caskie Rangers, aided me in this examination. Both of them say they know nothing against this man. I recommend his discharge on taking the oath of allegiance.

...

John Wriston.-Born on Clear Fork of Coal River. Lives on Johnson’s Branch of Loop Creek. Says [he] voted against the ordinance of secession but when the State went out lie went with it. Says he has not been from home this summer except to go to places in the neighborhood. Had nothing to do with the home guards; knows only from report who belong to it. Says he saw the Northern troops the day he was arrested. Says he went with his brother Caleb and Mr. Johnson to mill. Does not know what Johnson said to induce the pickets to let them pass. Denies there was any concerted story. Says he went to mill because he was out of meal. He was arrested at the mill by Caskie Rangers. Says he saw the Northern troops at another time. They came up the creek. He had gone to a neighbor’s to get some snap beans and saw them pass. Never gave information in any way to the enemy. Captain Caskie and Mr. Ticknor, private in Caskie Rangers, know nothing against this man. There is another John Wriston, the uncle of this man, living on Paint Creek who has been active in aiding the enemy, and another man of the name of Wriston whom it was desired to arrest. I think it probable these two men have been supposed to be the two dangerous men. I have no information which justifies holding this man a prisoner. I therefore recommend his discharge on taking oath of allegiance.

...

{p.1475}

J. B. Bowman (re-examined) .-After using all exertions to get newspaper article in reference to Bowman I re-examined him without it. The letter of Mr. Moore was shown him. He said on the Wednesday preceding the battle of the 21st the First and Second New Jersey Regiments were stationed at his house. On Sunday morning the colonel of the Second New Jersey Regiment impressed his team to take a surgeon to Centreville. He could not resist because he says as he said before his team had been used in the service of the Confederate Government. He says his negro driver ran off on the day the New Jersey regiment came to his house. He was told if he did not go they would find a driver for his team. He feared he would lose his team if this was done. He hitched up his Jersey wagon to go. While he was doing this the surgeon asked him to take two gentlemen along who would pay him well. He agreed to do so. They turned out to be reporters. He says on the way Mr. Moore fell in behind them on horseback and went to a relation’s. Prisoner says he went to Centreville and immediately returned, getting home to dinner. He further says he told me lie had gone with this party to Centreville that day. I asked him if lie was willing to move his family back into the interior of the county and remain in the Confederacy. He replied he could not get his family out of the enemy’s lines. Said his father-in-law is an Englishman, living in New York and taking no part in this war, and able and willing to give him and his family the means of support. Says he wishes to be discharged on his parole not to aid in this war. He expresses now reluctance to take the oath of allegiance. Says the enemy have taken his property. If he takes the oath he will not be paid for it. Expresses a wish to go to New York. Says two of his neighbors are prisoners in Washington. If released on his parole he will procure the release of one of them.

Case: On this examination I must say I do not recollect his stating to me he was at Centreville the day of the battle. He did tell me the First and Second New Jersey Regiments were at his house and impressed his team for the service of the enemy. I remember he told me the negro had run off. But I do not remember his telling me this in connection with the battle at Centreville. His account of that matter now is clear and distinct, and on it I might have recommended his release on condition of removing into the interior of the State if he had manifested now the same interest in the Confederacy that he did on his former examination. But when tested with this proposition his heart appears to be with the North. I cannot with my present views recommend his discharge.

...

William H. Williamson (heretofore examined.)-I return herewith a pencil note received from Williamson. He expresses a desire to go to work here as a shoemaker if he cannot return home. I recommend his release on condition he does not go within our lines on the Potomac without special permission of the commanding general to go there and remove his family. If it would not be improper I would suggest whenever this can be done it is the best disposition which can be made of all persons on the theater of action who may have incurred the suspicion of the commanding officers.

[Indorsement.]

JANUARY 25, 1862.

Acted on, and Caleb Wriston, John Wriston and W. H. Williamson ordered to be released.

ROBT. OULD, Assistant Secretary of War.

{p.1476}

James Mayner.-Says he was born in Raleigh [County], on Clear Fork or Coal River. Raised where he was born. Was arrested half a mile from home at John Stover’s. Two men were with him, Sampson Stover and Creed Mayner. Creed Mayner ran and was shot. Sampson Stover was arrested with prisoner but afterward discharged. Says for the last year he lived with his brother on the Pound Fork of Sandy, in Wise County. There are no Union men there. Says he is not a Union man-is a Southern man. Never had anything to do with the home quarrel. Had not been at home two weeks when he was arrested. Heard Captain Dunbar, who lives on Coal River, was trying to get up a Union company, but he, prisoner, had nothing to do with it. Heard this from some men who had been down on Coal, but he would have nothing to do with it. Says he saw Dunbar once after he came home but had no conversation with him. Is willing to take the oath of allegiance. Heard an election for the Wheeling government was to be held on Coal River but he did not have anything to do with it. Captain Linkons of his neighborhood says this boy was away from home, he supposes in Wise County, when the Union company was formed. As there is no charge against this youth and I can find no one who makes any charge and as he seems to be fair and truthful I recommend his discharge.

...

Jasper Melum.-Not sixteen years old. Had on a Northern fatigue uniform. Says Captain Dunbar gave him this uniform and a gun. Says he had not volunteered or joined Dunbar’s company. Says Dunbar was recruiting for the Northern army and his company had been stationed at Charleston. Says he was arrested at Jacob Harper’s, on marshes of Coal River. Says part of the company had been on Coal River and he had been with them. He was taken up by two citizens. Captain Linkons testifies this boy was suspected to be one of a company Capt. William Dunbar was raising for the U. S. army on Coal River. This boy seems to be truthful and honest and well disposed, but I do not see how he can be discharged. I recommend he be held as a prisoner of war.

...

Otey Fellows.-Born in Patrick County, Va. Lived in Montgomery County. Married a Cassidy. Moved to Fayette. Lives on Laurel Creek. Says Kennedy Cassidy and James Cassidy, his brothers-in-law, were decidedly for the United States and against the Confederate States. Says he did not agree with then in opinion, but wanted to be neutral between the United States and Confederate States. Says a home guard under command of James Cassidy, his brother-in-law, was gotten up in his neighborhood. Was asked by Kennedy Cassidy and others to join it. Says he told them they might put his name down. Says he sent three sons to the Southern army. They were volunteers in Captain Adams’ company, Wise’s brigade. One was wounded at the battle of Scary[town] and died from his wounds. Of the other two he first said he did not know what had become of them. Afterward he admitted they came to his home. Said Captain Adams had permitted him to go home to rejoin his company and go to the White Sulphur Springs. Said the enemy took possession of Fayette Court-House and his sons could not join the army. It afterward appeared from the examination of the prisoner by Captain Caskie that the enemy remained only one day at Fayette Court-House and his sons had remained in the county, making prisoner’s house their home, but had visited the enemy and had piloted them in their invasions of this part of the country, and on one occasion when the Yankees took a double-barreled shotgun {p.1477} his son James got it, and this gun was taken to his house. Capt. Robert Caskie, of Caskie Rangers, says he heard a Union company had been formed in this neighborhood. Sent a detachment composed of militia and some men from his rangers to disperse them. They were fired on near Fellows’ blacksmith shop; returned the fire, took some prisoners and returned next day. He sent a detachment to arrest the men suspected to have been at the shop. The prisoner was arrested by them. Mr. Ticknor, private in Captain Caskie’s rangers, says he was one of the party that arrested Fellows. They went to Fellows’ house. Ticknor was born in New York. When they entered the house the females asked him who he was. He told them he was from the North. Was told prisoner was in the yard. He was found there on his way down to Lieutenant Woods’ party. Witness asked prisoner if he was one of those who was firing last night. Prisoner told him he was asleep in his blacksmith shop. That he came out and had a good chance to fire with his barrels, but did not know who the parties were. If he had known it was Sam Woods and his damned rebels he would have let them have both barrels. Says Spragg Laurence was a noted Union man acting as a scout for the Northern army, and made Fellows’ house his headquarters. Prisoner on this statement said he was at his shop near Cassidy mill that night. Some of James Cassidy’s home guard were there. Says his two sons were there, Spragg Laurence was there, and Kennedy Cassidy and his son James Arthur and one of his sons. Ben Mallory and his son were there. Denies he had a double-barreled gun. Says when he told Ticknor if he had thought it was Woods and his damned rebels he would have fired both barrels he did not know Ticknor was a Southerner; he thought he was a Yankee. If he had thought he was a Southern man he never would have called them rebels. Says he was in a hard place. Had to make fair weather with both parties. Says he could not fight either army and had to do the best he could. Says when the firing began he was in the shop. It was so dark he could not find his gun, and got out and went home without it. I think this old man desires to hold with both sides, but the influence of his brothers-in-law, the Cassidys, made him go over to the enemy. He has joined the home guard and was found with them in arms. I recommend he be held as a prisoner of war.

...

Kennedy Cassidy.-Is a local preacher of the Northern Methodist Church. Says a man named Gregg was the circuit rider in 1859-60. Says he was from Pennsylvania; spent much of his time in trading in lumber at Point Pleasant and much in geologizing. Says he did not fill Gregg’s appointments when he was geologizing, but says he did when he was at Point Pleasant selling lumber. (Note.-From several prisoners and citizens I learn Gregg had made minute and accurate maps of this portion of the State which are in the hands of the enemy, and this man Cassidy filled his appointments while he was doing this.) Cassidy denies he knew anything of Gregg’s making maps. Denies he was a member of James Cassidy’s home guards. Denies all connection with the Union troops or Northern army. He says he went to Montgomery in Kanawha County about the middle of August. Arthur, Spragg Laurence and James Cassidy were with him. Went to hear Colonel Ruffner speak. (Note.-Colonel Ruffner was an active officer of the Wheeling government.) Ruffner did not speak. They were stopped by Yankee pickets. A man they called Cop appeared. Says it is likely some of the party had some conversation with him. It is likely they {p.1478} had some conversation about arms left by Governor Wise when he retreated from Kanawha. They all were permitted to pass through the pickets and return. Says the night he was taken he was in James Cassidy’s mill grinding corn. There was a swell in the creek and they had to take advantage of it. There had been a long drought previously. He heard some firing. Says he does not know by whom. Got a musket which was hid in the mill; started home. Heard somebody making a noise first like a whippoorwill, then like an owl. Thought it was some of the Fellows boys trying his nerves. Went to them and was taken prisoner. Captain Caskie proves he sent out this party composed of militia and some of his rangers, under command of Lieutenant Woods of the militia. The party reported they had been fired on and returned the fire and took two prisoners. Cassidy was one of the prisoners. Mr. Ticknor says he was of the party. They were fired on near the mill and blacksmith shop. Some of the party gave the signal of the tories by imitating the whip-poor-will and owl. Kennedy Cassidy came across the bridge to them and was taken. He was armed with a Virginia musket marked “Princess Anne.” Cassidy, being examined, said the musket was left in the mill by James Fellows. It might be the musket he had when he left the army or one gotten from deserters after Wise’s retreat, or one gotten at Gauley out of the muskets left there by General Wise. This man is obviously in part a negro. He is a man of fine natural intellect, self-possessed, artful and insensible to the obligations of an oath. I recommend he be held as a prisoner.

...

Tallison Stover.-Belonged to Captain Adams’ company. Left it in August. Says he asked Captain Adams for a furlough. The captain refused it and he went home. Says he only volunteered to go to Charleston. He was raised in the woods; had never been so far from home and so long from home in his life. Says he wishes to go back to his company; says he staid quietly at home. I can find no evidence that this young man had any connection with the tories. He denies all connection with the Union men and the Northern men. Captain Adams’ company is now I understand attached to McCausland’s regiment, Floyd’s brigade. It seems to me his case is more within military jurisdiction than the commissioner’s. I suggest the rolls of Adams’ company be examined. If he is a deserter, as I believe, that he be handed over to the military authorities.

...

Isaac Siers (on the book Sias).-Born in Monroe. Removed to Braxton, then to Nicholas County. Was a volunteer in Captain Chilton’s company, in the regiment of Colonel Tompkins, now Colonel Jackson’s. Says he was wounded in the right arm in a skirmish near Charleston. Was permitted to go home till his wound was healed. Says before his wound was healed he was arrested on suspicion and sent on here. Says he never was sworn in. Mr. Alderson, senator from this district, and Mr. Robinson, prosecuting attorney of Nicholas County, both say Siers is a man of bad character. Has been prosecuted for passing counterfeit bank notes and for other offenses. They say when he volunteered he was in jail in Nicholas on a charge of petit larceny. He is a good-natured man, but it is said he deserted from cowardice. Reference to the muster-rolls of his regiment ought to show whether he is a deserter. No political offense is charged against him. I recommend he be turned over to the military department.

{p.1479}

[Indorsement.]

JANUARY 28, 1862.

Acted on, and James Mayner ordered to be released and Stover and Siers to be turned over to the military.

ROBT. OULD, Assistant Secretary of War.

...

William Working.-Re-examined. I return the petition of citizens of Loudoun for the release of William Working with the indorsements of Captain Ball of the senate and Mr. Harrison of the house of delegates. I have re-examined my note in this case and think this man may lawfully and properly be held as a prisoner. But I know some of the signers of the petition and the two gentlemen who indorse it. They are citizens of Loudoun, well acquainted with the prisoner and the state of things in their county. On the question whether mercy should be extended to the prisoner they are better judges than I can be. General Hill’s report excepts him from the class of prisoners who were sent on with him. I recommend that as an act of mercy he may be released on taking the oath of allegiance.

...

J. L. Grubb.-Born in Loudoun County. Lives between Lovettsville and Harper’s Ferry. A Virginia constable. Says he spent the principal part of the summer at home. Has gone over to Maryland at various times to get his goods and groceries. Once in the summer he went over to testify before Captain Stedman, of the U. S. Army, on behalf of Samuel W. George and Gideon Householder, citizens of Loudoun, who were charged with riding with secession soldiers and pointing out persons to be arrested. George was accused of dining with secession soldiers at his uncle’s and going with them in the evening. Prisoner proved George could not have been there. Was asked by Stedman how he voted and replied he voted against secession. Says he was once arrested in Maryland as a secessionist. Says the citizens of Virginia going to Maryland usually went in skiffs. Were arrested by the pickets; taken to headquarters and got passes. He says he got a pass when he testified in favor of George and on some other occasions. Does not remember what they were. Says passes were so difficult to be procured that he did not go even for what he needed. He says he went over in September. Several men had left Virginia on whom he had claims. He went over to collect them and to collect the debts due George Wright & Co., A. J. Everhart was trustee and made him agent. Staid among the relations of his father. Says he was taken sick; was sick for several weeks. Before he was in condition to travel dragged himself home. Says he came to the river and the picket would not Jet him pass. He was informed several Virginians would go over that night and if he was smart enough to manage it he could go over with them. A party of whom he names A. J. Everhart and six others went over. He went with them. Does not know by what means they got permission to go over. He went over with them; parted with them on this side of the river. Was sick with chills and fever and remained at his father’s and at home until he was arrested. Says when persons were permitted to come over they promised to go back. All who came with him returned. He gave no promise but was informed a party of soldiers would be sent to take him back. Did not know any of the men who came over with him. Does not know whether they belonged to a company of Virginia refugees raised by Means. Says while he was in Maryland he was informed White and Smith Read {p.1480} wished some friend in Maryland to get back some runaway slaves. He went to Colonel Geary to get them back. Was not acquainted with Geary. Failed to get them. Geary said time owners must make personal application and give assurance of fidelity to the Union before they could get them back. Says he owned property in Virginia and had debts due him; some coming through Hindman. The citizens of Virginia in Maryland heard their property was to be confiscated. They were much enraged and determined if it were so they would do something desperate. All the men who came over with him partook of this feeling. In this state of feeling he heard Hindman had attached his property. Supposed it was the beginning and wrote to Hindman. Had Hindman’s affidavit shown him. Says he was much excited at the time. Does not remember what he wrote, but thinks the letter will not sustain Hindman’s statement. Says he stood to the Union as long as he hoped it would be saved, but now the North and South are so divided that they can never unite and he goes with the South. I refer to the report of General Hill, returned with the cases of A. Magaha, B. Rouse, William Smith and William Working, and to the affidavits of S. H. Price therewith returned. I return now the certificate of Mr. M. Harrison, delegate from Loudoun, and several affidavits sent on by General Hill, noting especially Hindman’s. I think the letter of Grubb referred to by Hindman should be written for. I think Grubb should be held as a prisoner.

...

H. Dane.-Aged sixty-seven. Born in New Hampshire. Staid there till he was twenty-three years old. Lived in New York till he was forty-eight. Now lives in Prince William County, six and a half miles from Occoquan. Farmer; sells wood to longboatmen. Has sold none since last spring. Trades to Occoquan. Was an acquaintance an political associate of J. C. Underwood. His sentiments similar to Underwood’s. Did not vote at the last election. As to allegiance he says he is inclined to the Government of the United States. Was not able to alter his mind when the State went out of the Union. Hoped to keep along and take sides with neither party. Went to look for his cows. Went up to the pickets and was arrested he believes on the information of A. D. Rowe. Mr. Lynn, delegate from Prince William, says he cannot say for this prisoner what he said for Holland and Reeves. Says prisoner was an abolitionist and of the Underwood party and has given no evidence of change of opinion. I think this man should be held as a prisoner.

...

Henry Stone.-Aged nineteen. Born in New York. His father died when prisoner was four years old. He has lived in Cincinnati. Says he belongs to Second Kentucky Regiment; joined it at Gauley. Was sent by General Cox to find where the militia were in Fayette. Went in citizen’s dress; says he had no uniform. Spent first night at Huddleston’s. Does not know whether Huddleston is a Union man. Did not disclose his objects. Went next night to McCoy’s. Was arrested next day in Fayette. I cannot learn from him by whom he was arrested. He has passed in the prison as a citizen until to-day. I am satisfied this man is a spy, but as there is not now sufficient proof I can only suggest that he be held as a prisoner under suspicion of being a spy.

...

Spencer Lloyd-Born near Great Falls of Potomac, on Virginia side. Raised there. Lives one mile north of Dranesville. Was not told for what he was arrested till lie came to Richmond. Was then told he was arrested because he had been in the camp of the enemy. He says he {p.1481} never was in their camp. He says on one occasion they passed up through Dranesville Saturday evening and returned that night. Sunday morning he went out to look for his cattle. He passed through some cedars and saw where they had cut off the twigs and laid them out for beds, but they were all gone. Another time he was gathering corn one cold frosty morning near the river on some ground he had rented. A negro man in another part of the field had brought some fire in a pot and had it burning. Some Northern soldiers came into the field and asked him if he was not late getting his corn. He said he was, that he had been delayed by the frequent firing over the field. They asked him if he had heard any bullets that morning. He told them he had not. They then said they were firing at the fire, supposing it to be our pickets. They said they supposed their bullets fell short, and went away. This was the only time he had ever seen then nearer than across the river. Colonel Thomas testifies Lloyd is a man honest, industrious; stays at home and attends to his own business. Mr. Huntt testifies that Lloyd is a man of integrity and veracity. Says since the war commenced he has rarely been in that part of the country and knows nothing of Lloyd’s course. Mr. Harrison says Lloyd had a suit in Fairfax in which he (Mr. Harrison) was his counsel. He saw Lloyd quite frequently and thinks him an honest, straightforward but ignorant man. Lloyd says he had no communication direct or indirect with the enemy except as above mentioned. I have seen no charges against Lloyd, and my only means of forming an opinion are from his examination and the testimony of his character. I recommend his discharge on taking the oath of allegiance.

[Indorsement.]

FEBRUARY 10, 1862.

Acted on, and Working and Lloyd ordered to be released.

ROBT. OULD, Assistant Secretary of War.

...

A. C. Staunton.-Born in Augusta County, Va., and raised there. Shoemaker by trade. When he was of age he removed to Alleghany County, where he engaged in business. His business was in Alleghany and Pocahontas Counties. Says he quit business there and returned to Augusta. Last summer he went to Alleghany and Pocahontas to collect money due him and get any jobs of work he could. From Pocahontas he went to join the Wise Legion. He says he volunteered in Captain Pollock’s company, Wise’s Legion. He had a pair of pistols he offered for sale soon after he got to the camp and before he was regularly mustered into service. A man who wished to purchase his pistols was examining them with him. While prisoner had one of the pistols in his hand it went off and wounded a man in another tent. He was arrested and sent on here. Says he is a Southern man. Wishes to support the Confederacy and is anxious to volunteer. Mr. William Tate, delegate from Augusta, says he has known the father and family of the prisoner for a good many years. They are very much respected in their position in life and are true to the Southern cause. Some years since Mr. Tate removed from the neighborhood in which Staunton lived to another part of the county and has not since seen much of the prisoner and heard he had gone to some [sic]. Is a respectable man and his statements may be relied on. Mr. H. W. Sheffey, delegate, and Colonel Christian, senator from Augusta, both say Staunton’s family are respectable and on the Southern side. They have no particular knowledge {p.1482} of Staunton. If this man is here as a military prisoner there ought to be some notice of him in the War Department. He is returned to me as a citizen prisoner. If he be a citizen prisoner I recommend his discharge on taking the oath of allegiance and that he be permitted to join some company.

...

Nicholas King.-Claims to be a citizen of California but desires to join the Confederate service. Sent here from Manassas by an order dated November 7, herewith inclosed. I inclose with it a letter from King. King swears his statement in this letter is true. He says he was born in Fairfax County, Va., and was taken to Washington when young. Lived there till he was thirteen, then lived in Virginia till his father was appointed surveyor-general. Prisoner was then seventeen or eighteen years of age. He remained in the office of the surveyor-general as a draftsman until his father was removed, and one year with Captain Hays, his father’s successor. Was then connected with surveys of public lands. In the spring of 1858 went with Captain Stone, now General Stone, of the U. S. Army, into the northern provinces of Mexico on a surveying contract. They were driven away by the Mexican authorities and came to Washington to settle their accounts and prosecute their claims for damages against Mexico. Refers to his written statement for his course since this war commenced. Says he did not see his Virginia relations until October, 1861, when he paid them a visit of a day or two. Says H. T. Pairo, broker, of Richmond, married his mother’s sister. Says he never heard his father was accused of embezzling funds or being a defaulter. Says his father could not have been either, because the funds were in bank and could only be drawn on checks. Denies he ever made checks in his father’s name or drew money wrongfully. Says he never heard he was suspected of doing so. Says he never went from Fairfax Court-House or did anything to cause suspicion against him. H. T. Pairo, who was summoned as a witness, testifies Nicholas King is the son of a sister of Mr. Pairo’s wife, and witness has known him nearly all his (King’s) life. When King was sixteen or seventeen years old his father placed him in the revenue service. King soon left it, Mr. Pairo heard, as a deserter. King’s father had influence sufficient to have the matter passed over. A few years afterward King’s father was appointed surveyor-general of California. The reports from there were King had forged his father’s name and caused his father’s defalcation, but witness does not know these reports were true. Says King came to Richmond before the battle of Manassas and staid two or three weeks. Owing to the trouble he had got his father into Mrs. Pairo, his aunt, took no notice of him, but witness saw him quite frequently while he was here. When King was in Richmond he represented he was in the employment of General Beauregard in the engineer service. King was very anxious to visit Yorktown and Norfolk. Witness did not countenance him in these efforts and thinks he did not go. From his impression of King’s character witness cautioned his own sons, who were at Manassas, to have nothing to do with King unless they found he (witness) was mistaken. Be thinks King a man of fine talents and address, and if so disposed he could be very useful to the Confederacy; but if his disposition were not good he could do much mischief. I think King under the law of Virginia must be regarded as a citizen of California and not of Virginia. He is therefore an alien enemy. He professes great friendship for our cause, but from his bad character, his connection with {p.1483} General Stene and the suspicions excited in the minds of our officers I do not think he ought to be permitted to take the oath of allegiance or be treated as a citizen. I recommend he be held as an alien enemy prisoner.

[Indorsement.]

FEBRUARY 10, 1862.

Acted on, and A. C. Staunton ordered to be released.

ROBT. OULD, Assistant Secretary of War.

...

A. Bailey.-Says his name is A. Lincoln Bailey. Says he was elected President of the United States and went to Washington to discharge the duties of that office. Does not tell me how he got to Virginia. Says he was born in Pennsylvania; has lived in New York and New Hampshire. He says he was in Richmond some years since in the store of J. Winston Jones, who he says is now dead. Says he was once a watchman and timekeeper in Joseph R. Anderson’s works. He says he was arrested near Charlottesville attempting to make his way to Washington through the Valley. I examined this man carefully and can discover no symptoms of derangement. I think he is feigning derangement to conceal his true character. His own statement makes him an alien enemy and I think he is a very suspicious one. I recommend he be held as an alien enemy under suspicion of being a spy.

...

James Dutton.-This man is stated on the return of the clerk of the prison to me to be deranged and he probably is. He says he was born in Nova Scotia and went to Mobile in 1858. He joined the Dan Boone Rifles of Mobile. Says he came to Lynchburg with his company. They were mustered into service of the Confederate States. He was taken sick. Went into the hospital at Lynchburg. Was for some time an attendant on the hospital under charge of Doctor Owens. Says he left his papers with a clerk of Doctor Owens. Says he has never received either money or clothing. He is now without a shirt or stockings and is in want of clothing. I return with this report the letter of Capt. J. Taylor committing him. I think this man is probably deranged, but his case ought to be inquired into at Lynchburg. Doctor Owens can say whether such a man was there. I would also respectfully ask that the rolls of his company may be examined and if anything is due him that it may be applied to his use. I would also respectfully suggest some provision be made for his comfort.

...

C. R. Branch.-Says he was born in Sumter County, Ala. Was first a printer. Was in the office of the Mobile Register in 1848, 1849 and 1850. His health gave way and he turned sailor. Was on oyster boats in Mobile Bay and in schooners trading in lumber to New Orleans. In 1859 went as a sailor on the brig American to Liverpool. Was on the oyster boats in Mobile Bay till 1860 when he went to Baltimore on the schooner Adair; then went on the schooner Sun Flower from Baltimore to Boston. Sailed several times between Boston and Baltimore. Says when the war broke out he desired to come to the Confederate States but could not. Was making money and did not leave till the schooner on which he sailed was laid up in Baltimore. He then came from Baltimore. Came in an oyster boat of Captain Fallon to Northumberland County, Va.; landed at Wicomico; went up to Heathsville; came to Union Wharf and came to Fredericksburg. {p.1484} Says he is not in the habit of drinking too much, but when he got safe in Dixie he took a frolic, be came noisy and was arrested. The only paper sent to me is his letter to General Winder herewith inclosed.* I recommend this man be discharged on taking the oath of allegiance and that he be permitted to join a volunteer company.

...

Solomon Van Meler.-Born in Pendleton County on South Branch. Lives in Pendleton County on North Fork, about two miles from the mouth of Seneca. Has never seen the Northern army or any of their allies. Has no acquaintance on the Dry Fork of Cheat. Heard Snyder was gallanting the Yankees about on the Dry Fork of Cheat and in Randolph. Does not believe anybody went from his neighborhood to join them. Has not been in Hardy County for two or three years. Says he was for the Union until the State went out, and he goes with the State and for the Government at Richmond. Is a poor laboring man. Rents land and his family is dependent on his labor. Stays at home and attends to his business. There is no charge or evidence against this man. He is in feeble health and has suffered much in prison. I recommend his discharge on taking the oath of allegiance. I would further as a matter of humanity recommend he be permitted to remain until able to travel home.

...

Henry Henderson.-Eighteen years old. Prisoner says he was born in Iroquois County, Ill. His father and his mother died in his childhood. He then went to Columbus, Ohio, to live with an uncle who, he says was librarian of the State and died two years since. Says he volunteered in the Twenty-third Ohio Regiment, Colonel Scammon. Went to Clarksburg, Va. From there with Rosecrans. Was in the battle of Carnifix. Then was sent to Raleigh Court-House. Says he acted as scout in Fayette and Mercer Counties. Was once in Monroe at Sandcroft’s. Says he never got to the railroad. In relation to the papers found on him, he says No. 1 is a copy of a memorandum given him by a man in Raleigh. Will not tell who the man was. No. 2. He says when passing by the post-office at Shady Springs, in Raleigh, he saw the door open; he went in and found a basket of letters, near 200. He carried them off and this paper was among them. No. 3 he says was given him by Aden Thompson. The names on it are names of bushwhackers. He explains this one thus: Men who were brought in by the U. S. troops and took the oath of allegiance; afterward they violated their oaths by shooting at their trains. These men were to be shot when found and his business was to hunt them up. He says he was taken with a scouting party when in pursuit of such men. No. 4. This paper contains the certificates of several men that Henderson was a spy. The signers are said to be men worthy of credit on oath. I recommend this young man be held as a spy.

...

George W. Walker.-Says he was born in Waynesborough, Franklin County, Pa., and was raised there. Had several friends who were three-months’ volunteers in Patterson’s army. He expected they would be discharged. He wanted to see the army. Went with a friend, William H. Brotherton, to Martinsburg to see them. At Martinsburg he was informed the army had gone to Bunker Hill. They went to Bunker Hill and were informed the army had gone to Charlestown. {p.1485} They were arrested by a scouting party on the 16th of July. Says he is a citizen of the United States, opposed to the present administration of that Government and determined to give no aid to the war. He says he has relations in the South and before the war commenced he promised them not to take up arms. Names the Rev. Mr. Bittinger as the person to whom he first made the promise. His conduct in prison I am informed has been uniformly correct. I recommend he be held as a prisoner of war, and as he has been here six months I respectfully recommend he be placed in the first exchanges.

...

George Ryan.-Born in Abingdon, Va.; raised in Carter County, Tenn. Was working in Wytheville when arrested. Says he was against secession, but afterward wished to be neutral. When the rebellion** occurred in East Tennessee he opposed it and desired to prevent it. Expected to be neutral. Says if Northern troops came to kill his neighbors he would be with the South. Admits Tennessee had the right to secede. When pressed to decide his position says if compelled to decide now he must go with the North. I recommend he be held as a prisoner.

...

Joseph Snapp.-Born in Woodstock. When fourteen years old taken to Augusta County; then to Greenbrier; thence to Monroe; thence he moved to Mercer County, where he was arrested and sent here. He says he was arrested by the Yankees and compelled to take the oath of allegiance. On his return he was trying to get his family out of Mercer to take them to his father’s in East Tennessee when he was arrested. Says he is entirely Southern in his feelings and does not regard the forced oath of allegiance to the United States binding. Says he intended to volunteer as soon as his family were placed in safety. Is willing now to volunteer. I have learned from persons I have examined, particularly from Northern soldiers I have examined that the U. S. troops in Western Virginia compel citizens unfriendly to them to take the oath of allegiance, and very often the persons thus compelled to take the oath become the most deadly and dangerous enemies of the Northern army. I recommend he be permitted to volunteer.

...

Peter Couse.-Born and raised in New Jersey; in May, 1840, came to Virginia and settled in Spottsylvania. Was negotiating with Doctor Grinnan to exchange his land in Virginia for property in Iowa, Kansas and Missouri and was arrested before the negotiation closed. Is a farmer and gets lumber for market in Fredericksburg. Says he had a Government contract to get ship timber. His contract was under one Peleg Clark. Does not know what Government Clark’s contract was with. Clark is a Northern man. Has taken no part on the secession question. Wishes to be neutral. Has done militia duty but will not go into the army. Will not take the oath of allegiance to the Confederacy but wishes to take an oath not to interfere. I recommend this man be held as a prisoner.

...

Thomas N. Fisher.-Aged seventeen. Born in Loudoun; moved to Fairfax. Says when arrested he was coming in to volunteer in Bob Radford’s cavalry. Passed our lines (not knowing it) in the night; was arrested. It appeared on evidence before me this boy is warm in the Southern cause. On two occasions he borrowed a gun from a neighbor {p.1486} and scouted on the Potomac to get a shot at the Yankees who were expected to cross. He wishes to go either into a cavalry company or the Eighth Virginia, as his relations are in that regiment. He is a brave and true Southern boy and I hope his wishes will be gratified.

...

William Stallins.-Aged nineteen. Born in Loudoun; moved to Fairfax and volunteered in the Seventeenth Regiment Virginia Volunteers. At Lewinsville he got scared and went to his home and was turned out of his regiment, dishonored and branded with cowardice. This boy is proved to be faithful to the South and seems penitent for his conduct. He admits he behaved badly and was scared, but he is very anxious to volunteer and redeem his character for courage and good conduct. He was going with Fisher to volunteer when arrested. I recommend an opportunity be given him to redeem himself and that he be permitted to volunteer again.

...

Daniel Hunt.-Born in Lowell, Mass.; lived in Boston; moved to Richmond twenty years ago; has lived here since and never been farther north than Baltimore. Prisoner married the daughter of Mr. Rixey, of Fauquier. He owned two houses in Richmond and some negroe on which he owed money, and when he closed business five or six years ago Mr. Rixey paid the balance due on them and they were secured to Mrs. Hunt, and all Mrs. Hunt’s interest in her father’s estate is in slaves. In his old age Mr. Rixey married a Yankee woman. Eighteen months ago Mr. Rixey was taken sick and after lingering nearly a year died. When he was taken sick he sent for Hunt and his daughter. They went up to see him and remained with him till his death. When they went up they closed housekeeping and had their furniture stored away. Since his death they have been trying to get a house in Richmond. When our army fell back from Centreville Mrs. Rixey, the stepmother, prepared a flag which indicated her wish to make peace with the Yankees and showed it to Hunt. Hunt did not object until he went to Warrenton and saw young Mr. Rixey, who sent him a message disapproving it and refusing to consent to it. This message was delivered by Hunt, who also expressed then his disapprobation of the proceeding. Hunt is willing to take the oath of allegiance but his health does not permit him to enter the army. He is now over forty-five. I have inquired carefully into Hunt’s character and course in Richmond and find he was always a good citizen; for a longtime a Whig but for the last seven or eight years acting with the Democratic party and with the secession wing of this party. I am satisfied he is a good citizen and entirely Southern in his feeling. I recommend his discharge on taking the oath of allegiance.

...

Elias Love.-Born in Loudoun. Says he does not know for what he was arrested, but says his son left him in December and denies he knew where he went. Says he does not know now. Passed the pickets returning home from Leesburg without permission. Says his son was a teamster in our army; returned home, and on close examination says he thinks he intended going to the West. Says he has taken no part in this contest except to vote for the Union. Is willing to support the laws of his country but cannot tell whether he is for the Union or the Confederacy. Wishes to take the oath of allegiance to the country where he lives but cannot tell whether it is the Confederacy or the Union. He is obviously an intelligent man and quibbling about his allegiance. I recommend he be held as a prisoner.

...

{p.1487}

John Rowzie.-Arrested February 10, 1862, for getting drunk and fighting at Herndon; aged fifty-seven; born in Loudoun, Va.; lives near Great Falls, one mile from the river. Commenced life an overseer; now owns a plantation and negroes. His three negro men are hired to officers in the Confederate Army. Says all his dealings have been with the Confederate Army. He has refused to deal with the U. S. Army. He is represented to me by several highly respectable witnesses as a true Southern man. I hand in with this a letter of Lieutenant Emack, who was aided to cross the Potomac by Rowzie, and General Stuart’s order sending him here. I think Rowzie is a true Southern man and has been sufficiently punished for his offense. I recommend his discharge on taking the oath of allegiance. I think although he is too old to be a soldier he would be a valuable man as a manager of hands.

...

Samuel T. Walker.-Born in Fairfax; lives near Great Falls. Was in our service as a wagon-master from 1st of September to Christmas, when the transportation was turned over to Major Barbour. Walker continued at Centreville with a Mr. Hubbell, going with his teams to Gainesville and Manassas. In February he received a letter from his wife informing him of the death of one of their children, and her own sickness and asking him to remove her within our lines. He procured a pass to go out by Picket No. 5, but finding this would delay him too long he procured the officer in charge to alter it to No. 7. On his return he was arrested for this offense. I am satisfied from the testimony of various witnesses that Walker is faithful to the South and is a truthful and respectable man. He is the same man mentioned in Lieutenant Emach’s letter returned with Rowzie’s case. I think he has been sufficiently punished for his offense. I recommend his discharge on taking the oath of allegiance.

...

William P. Spear.-Age fifty-two. Born in Essex County, N. J.; moved to Virginia in 1840; carpenter. Owns a farm but no negroes; hires negroes. Was a Breckinridge Democrat and a secessionist. Arrested by order of General Stuart. Says he had no communication with the enemy. Has fed the pickets without charge and nursed the sick Confederates at his house He is proved to be a man of good character. General Winder informs me he can employ this man as a carpenter. I recommend his discharge on taking the oath of allegiance and agreeing not to go to our lines or encampments.

...

David Watkins.-Born in Accomack County; lived there till he was twenty-one, then moved to Staten Island where he lived for seven years; then he came to Gloucester County and about four years ago went to Philadelphia. Has been engaged in the oyster and lumber business. Quibbles about the oath of allegiance. Says he wishes to live in the Union in peace. I recommend he be held as a prisoner.

...

Isaac Wybert.-Born in Saratoga, N. Y.; lived in Virginia fifteen years. Denies all communication with the enemy. Would rather not take the oath of allegiance. Calculates to abide by the laws of the place in which he lives. I cannot recommend his discharge.

...

James Oscar Wren.-Born in Fairfax. I submit with this case General Stuart’s order and the statement of Messrs. Thomas and Huntt. {p.1488} He says he never passed our pickets knowingly. Never was a dealer in liquor. Says he kept liquors and sold some to his neighbors as medicine. Says when the army fell back last October he took a negro woman and his other movable property to Prince William and staid there till Christmas. He then returned, got his negro man and took him back to Fauquier out of reach of the enemy. Owns only two negroes and he has placed them in our lines to save them from the Yankees. He says on his return from Fauquier he heard he had been charged with selling whisky and thinks the reports were got up by Thompson to injure him. He voted for secession. This man is said by Messrs. Thomas and Huntt to be a man of good character. It is difficult to reconcile his statement with General Stuart’s order, but as General Stuart says he is regarded as a dangerous man to be beyond the outposts and is faithful to the South, I recommend he be discharged on taking the oath of allegiance and promising not to go to any place in the vicinity of our camps.

...

C. White.-Born in Columbia, N. Y.; left there young; came to Virginia; lives in Fairfax. Voted the Union ticket but adheres to the South. Renounces allegiance to the United States, and is willing to take the oath of allegiance to the Confederate States. Has done all in his power for the South. I submit the letters of Mr. Word and Messrs. Huntt and Thomas in relation to this man. I recommend his release on taking the oath of allegiance.

...

William P. Flood.-Born in King George; raised in Jefferson County, Va.; lived in Winchester. Agent for several Virginia insurance companies. When General Jackson retreated from Winchester prisoner promised Colonel Ashby to procure a horse in Culpeper. He had some claims due his societies to collect in Culpeper. He made his escape from Winchester. He had a letter for one of Colonel Radford’s men and rode through his lines to deliver it. Prisoner says he did not know he was acting improperly. He was arrested by Colonel Radford and sent on here. Lieutenant Turner testifies he has known prisoner for several years and he is a man of good character. I submit the letter received from Mr. Boteler In relation to this man. I have no doubt he is faithful to the South and recommend his discharge on taking the oath of allegiance.

...

James B. McCabe.-Born in Leesburg, Va.; was engaged as overseer of negro hands employed on works for the army. These negroes were always placed under a guard. When our troops moved to the Plains Lieutenant Atkinson selected the quarters and placed the negroes in it under guard. Afterward Colonel Chancellor arrived with some militia and ordered prisoner to give up the quarters to the militia. Prisoner remonstrated on the ground the negroes were placed there by direction of the provost-marshal and if they were turned loose some of them might run off, and asked him to refer the matter to General Hill. Chancellor refused to refer it to General Hill, saying he would take the quarters by force. Prisoner went to find General Hill and did not find him, but found his aide, Mr. Rodgers. Mr. Rodgers told him not to give up the quarters without General Hill’s orders, and gave him two more negroes to put under guard. Prisoner returned with them. Chancellor had forced the quarters and the negroes were under guard in the yard. Prisoner opened the gate to put the two additional negroes {p.1489} under care of the guard. Chancellor resisted him and struck him with the hilt of his sword and continued to press on him. It was dark and from the noise of the sword prisoner thought Chancellor was drawing it to strike with the edge. Several of the bystanders called on him to fire. He believed it was necessary to preserve his life and did fire. Chancellor was wounded. Prisoner was arrested and General Hill considering it was a case proper for investigation by the civil tribunals declined investigating it. I submit the written statement of Mr. Thomas L. Edwards, who I know is a gentleman of as much character as any in Loudoun. I have learned from many sources that McCabe is an honest, good man. His bearing and demeanor under examination were that of a gentleman. He is faithful to the South. McCabe is not under the Articles of War and the writ of habeas corpus had not been suspended then. General Hill therefore properly considered his case one for examination by the civil authorities: but an examination by the proper authorities cannot now be had. The discharge from custody will not exempt him from prosecution if hereafter one should be instituted. I do not think his case one which requires confinement indefinitely. If discharged he may be useful to our cause. I recommend his discharge on taking the oath of allegiance.

...

William Ayres.-Merchant of Philadelphia. Says he was not connected with the army. Had business in Washington with Colonel Irvin, of Pennsylvania regiment. Came over to see battle-field of Manassas. Was taken prisoner. I recommend this man be held as a prisoner of war.

...

E. Githen.-Railroad contractor, New Jersey. Had been working on the railroads near Washington. Went over to Manassas to get a contract to repair roads from Alexandria into Virginia; was taken prisoner. I recommend he be held as a prisoner of war.

...

Daniel Paterson.-Dentist; from Boston. Says he was seeking an office in the Treasury Department at Washington. Came out to see battle-field of Manassas; was taken prisoner. I recommend he be held as prisoner of war.

...

B. F. Copeland.-Born in Maine; has lived in Missouri, Iowa and Illinois. Is a carpenter. Says he was working at Washington last winter. Was promised a job at Alexandria. Went up to see Bull Run; was taken prisoner. Citizen of United States, but manifests a desire to take the oath of allegiance to Confederate States if he can thereby get work and get back to the North. I recommend he be held as a prisoner of war.

...

F. B. Coburn.-Born in Preston County, Va.; learned his trade in Uniontown, Pa. Was in Kansas during the revolution says he took no part in it. Returned to Virginia; stole a horse; was in the penitentiary two years and a half; was discharged in March. Arrested passing our lines on suspicion of being a spy. He says he has lost his citizenship in the State of Virginia by being sent to the penitentiary, but wants to claim citizenship in the United States. I recommend he be held as a prisoner of war.

S. S. BAXTER.

* Not found.

** See Volume I, this series, p. 824, et seq., for “Union Rebellion in East Tennessee.”

{p.1490}

[Indorsement.]

WAR DEPARTMENT, April 23, 1862.

Examined and approved. Respectfully referred to General Winder to be carried out as recommended within.

GEO. W. RANDOLPH, Secretary of War.

–––

Case of William Henry Hurlbert.*

* Throughout these papers the compiler has spelled this name “Hurlbert,” which is proper, except in the report of James Lyons, at p. 1497, where his use of the name “Hurlbut” is allowed to stand for obvious reasons. The family name was Hurlbut, but for reasons of his own the prisoner, long previous to this event, changed his name to Hurlbert.-COMPILER.

RICHMOND, June 24, 1861.

General R. E. LEE.

GENERAL: Nothing but the pressure of a weight of misrepresentation which is too hard for me to bear moves me to intrude my personal troubles upon you in the midst of all your official troubles. But I met you once in circumstances so agreeable that I venture to hope you may not have utterly forgotten me, and in the name of our dead friend, Mr. Vernon Childs, as well as of his daughter who charged me with kindly messages for you at her house in Baltimore, I write to you to ask you to grant me but half an hour in which to tell you how it is that I find myself in the hands of the sheriff, charged with playing the spy in a country to save which from the horrors of war has been my sole aim and passion for long months past.

I saw the Hoffmans in Baltimore on the 4th. I passed the Confederate lines at the Ferry with a note of introduction from Robert McLane to General Johnston. I went on to my sister in Charleston, and was denounced by newspapers because I once was an editor of the New York Times in the days when your brother-in-law respected and aided my efforts to make that journal a journal of decency and truth. I am subjected to this unnameable disgrace. Once more let me beg you to spare time for such explanations of all this wretchedness as I cannot here inflict upon you, and believe me, with sincere respect,

Your most faithful friend,

WM. HENRY HURLBERT.

–––

RICHMOND, July 6, 1861.

General R. E. LEE.

GENERAL: I refer you to my letter to you (in regard to the case of Bryant* submitted to you by General Huger) upon the subject of General Holmes’ communication.** Unless he can be arrested as a spy or proceeded against by the civil authorities according to the opinion given by me in Bryan’s case his case should be submitted to the governor, who if the party be a citizen of a State not in the Confederate Government may apprehend and secure him under the code of Virginia, chapter 17, section 6, page 118. This is the clause under which Hurlbert has been arrested, and the habeas corpus has been denied by the judge of this circuit. If the charge against a party be for a legal offense and the arrest is by legal authority the habeas corpus will not release the party where he is detained for the prosecution which is {p.1491} pending. That writ only authorizes an inquiry into the legality of arrest and detention. Where the authority is sufficient to apprehend and detain and a prosecution for a legal offense by military or civil authority is pending the party will not be discharged.

I would advise wherever the party is suspected of being a spy that the proceeding be by military authority, arresting and prosecuting; where for any other offense that the party be delivered to the civil authorities, unless it be the case of a citizen of the United States, when the case should be reported to the Executive for his action under the provision of the code before referred to. In all cases of suspicion the general in command would have full power to remove such parties from his encampment and to forbid them from coming within his lines, and I suppose under the laws of war to punish disobedience of such orders.

I am, very respectfully,

J. B. TUCKER.

* See p. 1361.

** Not found.

–––

DEPARTMENT OF STATE, Richmond, Va., July 8, 1861.

Mr. Toombs presents his respects to Mr. Crane and begs leave to say that after an interview with the President he declines interfering in any way with the case of Mr. Hurlbert, it not being within his jurisdiction.

–––

CHARLESTON, July 17, 1861.

MY DEAR MR. MORTON: From my sense of the qualities of humanity and conscientiousness that enter into your character I feel confident of having you on my side whenever a question as to what is becoming and what is right is to be discussed; and it is in such circumstances that I appeal to you to interfere in releasing a poor creature from durance vile who is the mere victim of clamor.

It is William H. Hurlbert of whom I speak. He has been guilty of no offense that human laws have a right to punish. Early in life he became a writer on political and literary subjects, and embraced Northern views of slavery. One of his lucubrations was admitted into the Edinburgh Review, which gave great offense at the time. I confess I was rather disappointed in it as below the importance of the subject, and leaning on popular prejudices. Since that time he has changed his tone so much as to lose the confidence of the Republican party and his place in the editorial corps of the New York. Times. In these circumstances he came to Charleston in my absence, and finding that he was the object of great suspicion left it suddenly. There are always shallow people ready to join in running down a popular idea and one man made an affidavit that he was an alien enemy, which in legal parlance he may be on account of his New York domicile; and another telegraphed to Atlanta to arrest him. One mob of that very excitable place got hold of him, and the best that men of sense it seems could do was to send him to Richmond for the benefit of habeas corpus, a thing which the patriots of Atlanta had very little idea of. In Richmond the effusions of the Charleston Mercury had the effect of causing him to be turned over to the governor under the law of 1793 allowing alien enemies to be sent out of the country by the executive. The executive having little time to bestow on the case which the courts have nothing to do with has not interfered. So the poor man remains a prisoner indefinitely.

{p.1492}

If he is an alien enemy he ought to be gone but cannot go if the door is closed upon him. There is not the slightest reason for believing him a spy, and the only pretense for detaining him now is that it is to protect him from violence. It may be the best thing for him to keep him in jail, but it certainly is not the best thing for the State to trample on principles and inflict hard imprisonment on an innocent man because he is helpless. If the intention was to assassinate I could see how that might gratify revenge, but if they ever intend to let him out alive they ought not to send him out with an authentic story of lawless imprisonment to amuse the world.

Now, my dear sir, my only interest beyond the common sentiment of indignation against wrong in this individual is that his father was my friend, and I think that a word from one who has the manliness to speak out would not fail to procure the assent of so good a man as Mr. Letcher to the evident justice of his claim to be discharged from custody, and I beg of you to let Mr. Letcher know what I say and that I am responsible for the truth of it.

Yours, truly,

J. L. PETIGRU.

–––

RICHMOND, VA., July 26, 1861.

To THE HONORABLE MEMBERS OF THE CONGRESS OF THE CONFEDERATE STATES OF AMERICA.

SIRS: I beg leave respectfully to invite your attention to the following statement of facts connected with my arrest at Atlanta, Ga., on the 18th ultimo; my journey to Richmond on the 21st ultimo; my rearrest in this city on the 24th ultimo and my imprisonment continued up to the present date without a hearing on the merits of my case; without the appearance of any responsible accuser against me and with no definite charge offered to account for or to justify my confinement. I crave your patience then for a brief recital of matters which it seems to be impossible for me in any other way to bring to the effective cognizance of any regularly constituted authority in the Confederate States.

A native of Charleston, my relatives reside mainly in the Southern States. June 3, 1861, I left New York for Richmond with the intention of visiting my friends at Richmond and in Charleston, S. C., and of enabling myself better to prosecute a course of opposition to the existing war policy of the United States Government which I had independently pursued ever since the beginning of the movement of secession. I had not then nor have I had for many months past any connection whatever with any journal in New York or elsewhere, having dissolved my editorial relations with the New York Times, the only salaried relations which I have ever sustained with any newspaper, when that journal gave itself to the support of Mr. Lincoln. I advocated the election of Mr. Douglas down to the autumn of 1860 when I acceded to what was known as the “Fusion Ticket” in New York. I was a delegate from New York to the Conservative Convention at Albany in February, 1861, and drew up in great part the anti-coercive resolutions there offered by the Tammany delegation. In the end of May I published at my own expense a pamphlet on the “financial aspects of the war,” of which I deposited several copies with my friend, Mr. Robert McLane, of Baltimore, for transmission to a high functionary in this city.

From Mr. McLane I received, June 4, a long verbal communication for the President of the Confederate States and a note of introduction {p.1493} to General Johnston at Harper’s Ferry. From this officer I came with a pass to Richmond, arriving here Saturday, June 8. I that day called on the Assistant Secretary of State, with whom I had long been in familiar correspondence, and in the evening related to. Mr. Toombs in his own rooms the substance of Mr. McLane’s communication to myself. I remained in Richmond at the hotel, constantly seeing Mr. Browne, Mr. Attorney-General Benjamin and other personal friends until Tuesday, when I left for Charleston. I there went to my sister’s house and remained several days, calling on various friends and publishing in the Courier of Saturday, June 15, nearly a column of comments upon the financial and other aspects of the war at the North.

On Monday, June 17, my brother-in-law, a citizen of Charleston, coming home advised me to hasten my departure North, as he had learned that certain persons calling themselves a vigilance committee had determined to annoy me if I should stay. I was indisposed to accept this advice, but my sister being in delicate health earnestly deprecated my remaining any longer and I accordingly consented to leave via Louisville the next morning. I did so, explaining the reason of my departure to some of my friends, and taking with me two communications from his Imperial Majesty’s consul at Charleston to the French minister and chancellor at Washington. These were confided to me as a personal friend but bore the official seal of the consulate.

At Augusta stopping only to dine I did not register my name at the hotel until I was requested by one Mr. Evans, calling himself a councilman, so to do. I then did so, stating to this person who I was, and exhibiting to him my address and letters in my possession. I reached Atlanta at midnight and was there arrested by the marshal, who exhibited a telegram from the mayor of Augusta describing my baggage, giving my name as Hilt, and denouncing me as a suspicious person. I at once demanded an examination. This was accorded to me by the Hon. B. C. Yancey, who pronounced the charge unfounded and recommended my immediate release. I voluntarily proposed to await replies to telegrams which I dispatched to friends in Charleston, and to Messrs. Browne and Benjamin at Richmond.

On Wednesday, June 19, Mr. Browne and Mr. Benjamin replied that I “was unjustly accused and should be immediately released.” Mr. Yancey having also of his own motion telegraphed to Mr. Toombs (a note from whom lay among my papers), that officer replied that he had no personal knowledge of me. This circumstance, taken in connection with the arrival on the same day of a violent personal attack made on me in the Richmond Examiner of June 17, excited so much popular feeling against me that Mr. Yancey advised my waiting a day or two at the hotel in Atlanta. The next day brought another article denouncing me as a spy in the Charleston Mercury, with telegrams to the same effect from several persons, none of them personally known to me. My cousin, Rev. E. P. Palmer, of Marietta, Ga., coming over on this day to see me, joined with Mr. Yancey in advising me not to face the populace thus excited or to pursue my journey through Middle Tennessee. My brother-in-law and sister coming to Atlanta the next day, Friday, took the same view. Mr. Yancey receiving telegrams demanding me from Augusta and from Charleston replied that while I sought justice in Atlanta I should not be surrendered to any other authority.

I then proposed to leave for Richmond, asking an escort of the mayor and offering to pay the expenses of any intelligent person who would go with me to relate the true state of the case to the authorities here. This offer of mine was accepted by one Mr. W. S. Bassford, and Mr. {p.1494} Yancey and the mayor finally coincided in my proposition. The marshal was detailed to accompany me, and one or two citizens of Atlanta going to Richmond joined the party. We left Atlanta June 21 in the midst of a tumult excited by ill-disposed persons, who profited by the presence on the train of an Alabama regiment, commanded by Hon. Colonel Hale, a member of your body. This gentleman soon reduced his troops to order and entering my car rode with me to his destination, Dalton.

I reached Richmond June 24; went to the Spotswood, took a room myself and sent Mr. Bassford to the President. Mr. Browne soon after came to me with Mr. Bassford and stated to me that Mr. Toombs having gone by request of the President to the governor of Virginia that gentleman had ordered me to be at once committed to jail. They both assured me that I should be released at once, the Confederate Government merely wishing to avoid any conflict with the Virginia authorities. For two days I remained in jail, having no communication with any one and my baggage lying at the hotel.

On the third day Mr. Crane visiting the jail on business I engaged his services at once as my counsel. He put himself in communication with my friends in Charleston and in this place and took steps to sue out for me a writ of habeas corpus. This writ was granted me by Judge Meredith, who appointed July 4 for the hearing. On the hearing the judge ruled out all inquiry into the causes or justification of my arrest and confined my counsel to setting aside the jurisdiction of the governor of Virginia under the ordinance of April, 1861. The judge July 6 decided in favor of the governor’s jurisdiction and remanded me to jail, but after seeing the evidence only in part recommended an application to the governor.

This I made on the same day through Mr. Attorney-General Benjamin. The governor promptly declared that he had no charge against me; that he had committed me at the request of the Confederate Government and would discharge me at once, “if they would state that they had no charge against me.” Mr. Crane took this declaration to Mr. Toombs, who in his presence stated that I had been committed merely to take me out of the hands of a rabble; that he had not and never had had any charge against me, and that he condemned all the proceedings against me as illegal and disgraceful. Mr. Crane’s statement to this effect will be found hereto appended. I have reason also to know that Mr. Toombs had expressed himself to the same effect in a letter written July 3 to a distinguished citizen of South Carolina. He said further to Mr. Crane that he must see the President as a matter of form before stating in writing what he had stated in words.

Tuesday, July 9, my counsel succeeded in obtaining from Mr. Toombs a statement to the effect that the Confederate Government had “no jurisdiction” in my case. Governor Letcher maintaining his point first taken declined to act on this, but leaving town soon after he deposited with one of his aides an order for my release to be executed immediately on the receipt of a more explicit statement from Mr. Toombs. My counsel notified Mr. Toombs’ chief clerk of this, and I have myself addressed a brief sketch of the facts through Mr. Crane to the President.

But I still remain here incarcerated in the jail appropriated to felons. On the face of Governor Letcher’s committal I was held to await a requisition from the authorities in Charleston. No such requisition has been made, and I have reason to know that the acting attorney-general of South Carolina and his honor Judge Magrath refused to have anything to do with any such requisition.

{p.1495}

Born in Charleston in 1827, I removed thence with my parents in 1831, returned there on the death of my father in 1843 and remained there till July 1, 1845. Since that date I have visited the city twice-once in June, 1853, for a few days on my return from the West Indies, and recently when I remained there from Saturday, June 15, to Tuesday, June 18, 1861. It is not easy therefore to conceive what crime committed in Charleston can be laid to my charge or how I can have rendered myself in any way a suspicious character in that city. I have abundant evidence from persons officially connected with the Confederate Government to show that my whole course since my native State seceded has been one of friendship to and sympathy with her, and I have challenged the severest scrutiny.

I have made this statement because I cannot think it right that in any country at any time a citizen traveling on his lawful occasions and willing to render an account of himself to any proper authority should submit in silence to the treatment which has been inflicted upon me.

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

WILLIAM HENRY HURLBERT.

[Inclosure.]

RICHMOND, July 23, 1861.

WILLIAM H. HURLBERT, Esq., City Jail.

DEAR SIR: You ask of me a brief statement of my interview with Mr. Toombs. I do not feel that I am at liberty to decline it. After securing a short note from Mr. Benjamin (who was kind and courteous, to whom I had explained the position of your case and the decision of Judge Meredith, viz, that he had no jurisdiction) to Governor Letcher I sent it under inclosure to the governor with all the documentary evidence which had been secured for your hearing before Judge M. Governor L. very promptly returned the papers and a note addressed to Mr. Benjamin which stated substantially that “he had committed you only at the instance of the President and Mr. Toombs, and that if they would say (in writing) that they had no charge against you he would order your release.”

Mr. Benjamin (as I think very justly) declined to go further, and I begged of him Governor Letcher’s note, and accompanied casually by my friend Dr. T. H. Fisher, of Fauquier, I called on Mr. Toombs at the office of the Secretary of State. Mr. Toombs received me kindly, and I proceeded to state the object of my call and handed him Governor L.’s note. (I left the note with him.) He read it and then in a free manner spoke of your case and at considerable length. He disclaimed having had anything to do with your commitment except going at the President’s request with Mr. Bassford to the governor and carrying the papers which Bassford brought. He declaimed strongly against the law under which you were committed; said he saw nothing in the papers forwarded to require (or justify) your imprisonment, and generally stated that the Confederate Government had nothing to do with your arrest or confinement and knew no reason for its continuance.

I give only the purport of his remarks. I could not undertake to report with verbal accuracy a conversation chiefly on his part lasting perhaps twenty minutes. I replied to him: “Be good enough, sir, just to say in writing one-tenth of what you have assured me of and it is all I desire.” He replied that he felt it due as an act of courtesy to the President to see him first, he would endeavor to do so as early as possible. On Monday (this was on Saturday) in reply to a note from me {p.1496} he sent the note* which is hereto appended. Finding that the reply of Mr. Toombs was not satisfactory to the governor (rather as I supposed on account of its form or mode of expression than any substantial deficiency) I sent another note to Mr. T. politely asking (if possible) a modification of his note to suit the governor’s views. To this note I received no reply.

I ceased to trouble Mr. Toombs, though (as counsel for you anxious to discharge my duty) I have not ceased to endeavor to secure your release or an avowal somewhere beyond newspaper articles that there were grounds patent or latent for your confinement. So far I have been unable to get any anchorage beyond what the bare fact of your imprisonment and the circumstances I have detailed afford.

Ah, yes! It has been alleged in private circles that in 1856 while in Europe you wrote an article for the Edinburgh Review in which you gave an unfavorable view of slavery. Now, Mr. Hurlbert, I have not read it but it was wrong of you and I do not doubt you regret it, but I could not think it a sufficient ground for your arrest when I remember how many Southern men have at some period done the same or worse; and they are not confined.

Permit me to add on my personal account that in an acquaintance formed under circumstances eliciting necessarily confidential interviews and communications I have found you always frank, open and honorable. I have seen some of your private correspondence with Southern men and others, and any man may be proud of the position which they assign you. After all that has transpired within my knowledge your confinement in a felon’s cell for more than a month has been to me something of a puzzle, as I have not on the one hand been able to conceive that the Government is so much wanting in strength as to fear to avow the causes of your detention, or so unjust as to protract it without cause on the other.

Very truly, &c., yours,

A. JUDSON CRANE.

* Not found.

–––

RICHMOND, August 31, 1861.

Hon. R, M. T. HUNTER.

SIR: It is now some weeks since I invited your attention to the part played by the Confederate Government in my detention at this place. I have received no reply from yourself but I have been unofficially informed that you did not feel at liberty to reopen a “case closed by your predecessor in the Department of State.” This I was sorry to learn, since a decided difference of opinion as to the finality of Mr. R Toombs’ action in the case seems to exist between yourself and the governor of Virginia, of which difference I remain here the innocent victim.

But I now learn from the Hon. T. R. R. Cobb that “indisputable evidence now is in the possession of the authorities to prove me a secret correspondent of the New York Times traveling in this country to convey information as opportunity should offer.” As Mr. Toombs never made nor pretended to make such a charge or any charge against me, openly at least, and as no such evidence was ever heard of under his administration I respectfully submit that if your Department or any Department of the Confederate Government now possesses such evidence it is my right to insist upon open prosecution of the charge and the production of the evidence, which truly does of itself reopen the case most emphatically.

{p.1497}

As I cannot for a moment suppose that the Confederate Government wishes to inflict inquisitorial injustice upon any man I can conceive of no reason why I should not most fearlessly advance and the Government most readily grant this claim of a citizen who has already suffered the extremity of “illegal and disgraceful” oppression. I borrow the language of your predecessor in relation to my case addressed to a conspicuous citizen of South Carolina.

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

WM. HENRY HURLBERT.

–––

EXECUTIVE DEPARTMENT, Richmond, September 5, 1861.

Hon. WILLIAM M. BROWNE, Acting Secretary of State.

SIR: I have received your letter dated yesterday inclosing for my examination certain papers relating to W. H. Hurlbert, now in confinement at the instance of Hon. Robert Toombs, late Secretary of State. The papers having been perused by me are herewith returned. In a note addressed to the honorable Mr. Benjamin I stated the manner in which I became connected with this case, and stated what would be my future action respecting Mr. Hurlbert. If Mr. Hunter, the Secretary of State, will inform me that he is satisfied of Hurlbert’s innocence and will request his discharge in writing he will be released at once. Until this is done his imprisonment will continue.

I am, truly,

JOHN LETCHER.

–––

LABURNUM, September 27, 1861.

Hon. J. P. BENJAMIN.

DEAR SIR: I have received this morning the inclosed letter* from Mr. Hurlbert. Will you have the kindness to say whether I am to examine him or not, and may I ask the favor of you to return me the copies of Mines’ letter** to me and my reply to it and to say whether it meets your approbation that I should send that or any other reply to it. The originals are on file in the War Department, having been sent to the honorable Secretary of War for his examination because I did not feel at liberty or willing to send any reply without the authority and approval of the Department of War.

With great respect, I am, very truly, yours,

JAMES LYONS.

* Not found.

** See case of Mines, p. 1508, et esq.

–––

Report of the Confederate Commissioner on the case of William Henry Hurlbert.

[RICHMOND,] November 1, 1861.

This case has caused me much trouble and solicitude and I have considered it very carefully. Hurlbut is a young man about thirty-five years of age; well educated; of considerable literary attainments and polished manners. He is a native of Charleston, S. C., where he still has relations, but was educated at the North and has passed most of his time at the North and in England. In 1856 he wrote an article in the Edinburgh Review against slavery which fully justified the Southern people in regarding him as their enemy. Subsequently he became co-editor of the New York Times and is said to be the writer of the famous “Elbows {p.1498} of the Mincio” article. At the last Presidential election Raymond agreed with him to oppose Lincoln, but Lincoln bought Raymond off, and Hurlbut withdrew from the Times and united with Captain (now General) Lovell and others to oppose Lincoln and the war policy, and finally came to the South for the purpose of visiting his relations in Charleston, and tendering his pen and other services in England to the Confederate Government, when he was arrested at Atlanta and sent here, himself as he says soliciting that destination and paying the expenses of the escort.

The testimony up to this point is very high and conclusive in his favor, showing what he now upon his oath affirms to be true; that the sentiments expressed in the article in the Edinburgh Review have been entirely renounced upon conviction; and if the case had rested here I should have recommended his discharge without hesitation.

But it takes here a new and very remarkable aspect, viz: After the battle of Manassas a man named Windsor was captured upon whom a letter was found addressed to “William H. Hurlburt, British subject, traveling for his health in the South, Richmond, Va., to be called for.” The letter is dated Park Row, New York, July, 1861. It was written before the 1st of July because it alludes to the meeting of the approaching Congress of the 4th of July. The letter is of the most offensive kind to us, and refers to and seems to be in reply to letters previously written by Mr. Hurlbut to the writer.

Mr. Hurlbut admits that he knew a person named Windsor as an employé in the Times Office when he was one of its editors, and Park Row is the locality of the Times Office; but he denies all knowledge of the letter and its writer and protests that he has not written a letter to or for the Times since his separation from it. He denies that the letter is in the handwriting of Raymond, and there is some conflict in the testimony upon that point, though it preponderates very decidedly against the identity of the writing with Raymond’s.

Upon these facts the question is is the prisoner Hurlbut the Mr. Hurlburt to whom the letter is addressed? The difference in the spelling of the name amounts to nothing. The insertion of the “r” might be a trick or an accident, and the English address rather strengthens than weakens the case because the prisoner had the word London on his trunk and the English address was the best disguise, and notwithstanding all the delay and notoriety of the case no other person of the name of Hurlbut or Hurlburt has been heard of, and it is moreover exceedingly improbable that there were in the country two men whose names differed from each other only in a single letter; that there was a William H. Hurlbut and a William H. Hurlburt. I do not doubt therefore that the letter was intended for the prisoner.

But the question arises was there any authority for writing it? Is there any truth in its statements that it is a reply to letters written by Hurlbut? The letter is no proof of its contents; it is but the operation of an anonymous writer, which is opposed by the oath of the prisoner and much testimony showing that he did not entertain the sentiments supposed to be ascribed to him by the letter; for the letter is not explicit by any means as to those sentiments. In fact it is conjecture only that they were inimical to the South. The answers to these questions must be in my opinion in the negative. If this is proof then the prisoner is a spy, at least in the odious sense if not the strictly legal sense of the term, but it is very clear that if he were upon his trial as a spy he could not be convicted upon this evidence, for so far from the letter’s being sufficient to convict him it would not be competent evidence {p.1499} and could not be read upon his trial until he was connected with it by competent proof, such as finding it upon him or proving by the bearer or writer that it was for him and that the statements contained in it were true. Here there is no such proof. The letter was not found upon him; the writer is not known, and the bearer of it was set at liberty by the Government.

I am of opinion therefore that he should be discharged, but as he is now laboring under some excitement very naturally against our Gov. eminent because of his imprisonment, and the moment is a little critical possibly, I respectfully suggest that he be paroled and for the present restrained to the limits of Richmond until the further order of the Secretary of War.

...

Respectfully submitted.

JAMES LYONS.

–––

RICHMOND, December 16, 1861.

Hon. JAMES LYONS, &c.

MY DEAR SIR: I supposed that when you decided upon my case after the full, patient and careful examination which you gave it that your judgment upon me would be carried into effect, and I have been much surprised to learn that my continued detention here is not because of your judgment against me but because I am regarded as an “alien enemy” under the decision of Judge Meredith on the 6th of July last. If I comprehend what is the meaning of” alien enemy” it is that one is a citizen of one of the States now at war with the Confederate States owing allegiance to it This is certainly not my case. But if it was am I under the circumstances liable to detention on this ground? I had supposed that the only alien enemies not combatants so liable were persons who had failed to avail themselves of the President’s proclamation of August 15, or since that time found within the Confederate frontiers. I have not understood that even in regard to such persons the Government meant to imitate the policy of Napoleon I toward the English in France.

To imprison non-combatants indefinitely at the risk of life, health, property is so cruel and unprofitable a thing that I had hoped the monopoly of the practice might be left to Mr. Seward; and this the more that the recent release with passports of Mr. Eagle, of New York, arrested in Western Virginia at the end of September, seems to warrant the belief that the Confederate Government is disposed to conform itself to other than Federal precedents. But I belong to neither of the classes above mentioned. I came here openly and honorably early in June. I was on my way out of the country when I was causelessly and frivolously arrested in Georgia June 18. Coming again to Richmond voluntarily at my own expense that I might leave the Confederacy honorably as I had entered it I was arrested here June 24 and vilely incarcerated. I sought my liberty through a writ of habeas corpus July 6. I was then pronounced an “alien enemy,” and as such with no specific charge against me remanded to a felon’s jail there to await the pleasure of the governor of Virginia. I repeatedly in various ways and in vain sought a hearing from that functionary or from any other authority. When the President’s proclamation appeared it found me a prisoner in these circumstances, unaccused, unexamined. I at once requested to be sent out of the country under the proclamation. But in vain.

{p.1500}

The “forty days of grace,” sir, had elapsed when I first learned from your lips officially the existence of any shadow of a charge against me. I was then entering the fourth month of my confinement. I stand now innocent of any offense against the Confederate laws or people. Is it my fault that I am still here an alien enemy? Am I to be denied my right to leave the country simply because I was for months unable to make my calls for justice heard? Is this, sir, I will not say legal-is it right, just, honorable, humane? But further. What sort of an alien enemy am I, thus selected for special torment? I came here after rendering services to the Southern cause for which the Government had thanked me through the Assistant Secretary of State. I came here invited by the same officer in a letter dated April 8, 1861, to visit the Southern capital; see for myself the strength of the Southern organization, and if possible conclude arrangements for acting extensively in behalf of the cause abroad. Had I supposed it possible I should here receive indignity and be insulted by suspicion, or that I should be forbidden to leave the country after being forbidden to remain in it, I should have gone to Europe at the time when I came to Virginia, there independently to defend a cause which I had embraced not as a matter of allegiance, of interest, or of ammunition, but solely as a matter of principle.

Born in Carolina; connected by the dearest ties with friends in that State whose fortunes are identified with hers, my long residence at the North and in Europe may have made me an alien in the law. Do my actions show that it has made me an enemy also? I came here leaving all my worldly goods at the mercy of the Federal Government. I hoped to be able to preserve them, but I came prepared should the success of my plans require it to risk their absolute loss by passing through Mexico to Europe. Against this contingency, besides my intimate acquaintance with M. de Saligny, the French envoy there, I provided myself with letters of introduction from Mr. Eustace W. Barron, of Mexico, a friend of mine well known to Mr. Benjamin. So much for the antecedents of my presence here.

You will yourself, sir, I think remember that I have repeatedly expressed to you my deep sense of the justice of the Southern cause. This with me is not a question of impulse but of conviction. As my faith is so have my works been. They speak for me. My character and the facts of my case are my titles to liberty. On them I stand. If I am a Southern citizen my loyalty has been proved by my course of action. If I am an alien enemy I am an alien born in Carolina; an enemy doing the duty of a friend.

But whatever I am, sir, I am not a man to assail the rights of millions in avenging my personal wrongs nor to tamper with my own self-respect, nor to forget how truly, sir, I am your obliged and obedient servant,

WM. HENRY HURLBERT.

–––

EXECUTIVE DEPARTMENT, January 6, 1862.

[Hon. JAMES LYONS.]

DEAR SIR: Understanding from your communication of this day that you have examined the case of Hurlbert and have recommended his discharge I take occasion to say that I have not considered him under my control since he was taken before you for examination under the order of the War Department. I know of nothing against him save what was communicated to me by Hon. R. Toombs at the time the warrant for his imprisonment was made out.

I am, truly,

JOHN LETCHER.

{p.1501}

Case of Dr. Stephen Hagadorn.

RICHMOND, July 30, 1861.

President DAVIS.

MY DEAR SIR: Can you be prevailed on under the circumstances to release a poor distressed man, one that is laboring under rheumatic pains, one whose general health is poor, and of a broken-down constitution? I am here a prisoner, not because I have waged war against anybody; only on account of possessing a parent’s anxiety to know if my son was alive, who enlisted in Wisconsin, not having seen him in many months. I reside when at home at Bath, Steuben County, N. Y.; left on the evening of the 17th instant, promising to return last week. I am sure that no one’s happiness is increased by keeping me here. I was not in any way connected with the army, neither had I any arms about me; was robbed of all my money when taken. I beg to be released. I beg to have a hearing. Don’t, for humanity’s sake, continue my suffering longer while it is in your power to relieve me. I am not in office of any kind; am a practicing physician and have a home, and oh! could I go and enjoy it once more. Can I? It is in your power to say. General Beauregard was made acquainted with my circumstances at Manassas and sent for me; as I was taken in the night, I was lying on the ground asleep and the officer said he could not find me. What will you do with my entreaties for mercy?

Yours, &c.,

S. HAGADORN, M. D.

–––

RICHMOND, July 30, 1861.

HON. SECRETARY OF WAR, C. S. A., Richmond.

MY DEAR SIR: My condition is the most unhappy of all men. I am imprisoned here for what I am not guilty of doing, any public or private wrong. Have not directly or indirectly been engaged in the present disturbances existing in our country. Left my business, which is the practice of medicine, on the evening of the 17th instant, intending to return last week. I am a resident of Bath, Steuben County, N. Y.

Came for the express purpose of seeing my son who had come in the Second Wisconsin Regiment. Having learned when I got to Washington on Friday that a battle had been fought at Bull Run came over only to see whether he was dead or alive, and my anxiety led me to venture too far, and consequently am here. Will you as an act of humanity and kindness have the goodness to liberate me from this very revolting condition in which I am placed? I came entirely unarmed except with money to defray expenses, which was taken from me when I was taken. It is now in your power to relieve suffering humanity. Will you do it? Do, I pray you, but submit I must to whatever you are pleased to direct.

Yours, in faith and submission,

S. HAGADORN, M. D.

–––

To the WAR DEPARTMENT, Confederate States of America:

I had no time when my name was registered to give a statement of my case, which I will briefly do at this time. I left my home and business on the 17th of July to return as soon as the 27th. Did not come as an invader, having no weapons of any kind. I am in the fiftieth year of my age; am a physician, Stephen Hagadorn by name, and live at {p.1502} Bath, Steuben County, N. Y. I came only to see a son who had enlisted in Wisconsin. Found on Sunday that a battle was being fought. Anxious as a father could be to know whether my son was alive, was too venturesome, consequently am a prisoner. My son is a prisoner here and must of course be held as such until disposed of. I ask mercy at your hands, and a release that I may go to my distressed family. When taken I was robbed of over $100 in money and papers that were valuable to me, and am as unpleasantly situated as mortal man can be on account of being detained from my family, who of course must be much distressed on account of my absence. Will you, my dear fellow-beings, let me go I pray you? I have done nothing to offend you therefore I pray you let me go.

S. HAGADORN.

–––

BATH, STEUBEN COUNTY, N. Y., October 14, 1861.

Hon. JEFF. DAVIS, Richmond, Va.

DEAR SIR: Among the prisoners taken at the battle of Bull Run was a Dr. S. Hagadorn, a quiet and peaceable citizen of this village. Owing to some family difficulty his son, S. H. Hagadorn, had some months previous left home. As the doctor was about leaving for New York to purchase medicines, &c., he learned that his son had joined some one of the regiments that had gone to Washington. With a father’s anxiety he concluded to visit Washington immediately, saying he “might never see his son again should he go into battle.” On his reaching Centreville he learned that the command had moved forward. He did not see any fighting the day of the battle but went toward evening about two miles (he should judge) beyond Centreville in hopes of seeing his son if returning; if wounded to dress his wounds and to do all that affection could dictate, but your cavalry came up and he was taken prisoner.

This is the simple and truthful statement of the case given to me by his almost distracted wife, and I have written to you hoping that when you are assured he was a non-combatant, a quiet, peaceable citizen, you will release him. Dr. S. Hagadorn is a man about fifty I should think, a gentleman and a Christian, and will respect his parole.

Perhaps you have forgotten me, but I remember General Jeff. Davis, who was wounded in Mexico, and whom I had the pleasure of entertaining at the mouth of the Rio Grande when he and his suite were en route for New Orleans. Mr. Davis, a compliance with my request will be an act of humanity and great kindness, and I will esteem it a personal favor.

I am, very respectfully, &c.,

ELIZA E. OGDEN, Widow of the late Maj. B. A. Ogden, U. S. Army.

[First indorsement.]

SECRETARY OF WAR:

If on inquiry this case seems to be well stated let the prisoner be released on parole.

J. D[AVIS.]

[Second mdorsement.]

General Winder for report, in accordance with the President’s indorsement.

[J. P. BENJAMIN.]

{p.1503}

–––

RICHMOND, November 7, 1861.

General S. COOPER, Adjutant-General.

SIR: Dr. Stephen Hagadorn was sent to Richmond as prisoner of war with a number of others. There were no papers to show that he differed from the rest. The inclosed papers contain all the information there is about him. Doctor Hagadorn has always adhered to the same statement.

Respectfully, your obedient servant,

JNO. H. WINDER, Brigadier-General.

[Indorsement.]

Let the prisoner be released on parole and allowed to go to the United States.

J. P. B.

[Inclosure No. 1.]

OFFICE OF THE MAYOR OF THE CITY OF NASHVILLE, October 8, 1861.

General JOHN H. WINDER.

DEAR SIR: Accompanying this note you will find certain papers handed me by Hon. John C. Breckinridge, who left this place on yesterday for Kentucky.

Respectfully,

R. B. CHEATHAM, Mayor.

[Sub-inclosure No. 1.]

BATH, STEUBEN COUNTY, N. Y., September 11, 1861.

Hon. J. C. BRECKINRIDGE.

MY DEAR SIR: Although an entire stranger to you I have taken the liberty to inclose to your address a letter to General Winder, of the C. S. Army, asking for the release of a prisoner he now holds and which I beg of you as an act of humanity and a favor to me to forward to Richmond, if in your power. I ask the favor as a political friend and a national Democrat, relying upon your generosity and kindness of heart. A perusal of the inclosure will explain its object. To satisfy you of my identity I also inclose a note received from F. H. Hatch,* the collector at New Orleans, with whom I am connected by marriage and was in correspondence until the present difficulties and through whom] I would make this application if I knew how to reach him. You are probably acquainted with him. If you are satisfied of my sincerity and honor may I ask you to add your indorsement of the request I make of the general? You will never have occasion to regret it. I may be able in some way to oblige you. Yours, truly,

A. J. MCCALL.

* Omitted.

[Sub-inclosure No. 2.]

BATH, STEUBEN COUNTY, N. Y., September 10, 1861.

General JOHN H. WINDER, C. S. Army.

MY DEAR SIR: Among the prisoners taken at Bull Run and now detained at Richmond is Dr. Stephen Hagadorn of this place. In July {p.1504} last having learned that his son, a resident of Wisconsin, had enlisted and was then in Washington with a father’s anxiety he resolved to take in that city on his way to New York to purchase a stock of medicines, in hopes of seeing that son. He reached Washington on Friday before the engagement and learned that his son’s regiment was at or near Centreville but was unable to procure a pass until Sunday. He reached the hospital on the battle-field just before the rout commenced and administered to the wounded, but being in feeble health was unable to escape in the flying host and consequently was captured. The doctor was in no way connected with the army. He holds no political office, He is a man of no pretension or extended influence. He is simply a country physician of small practice, depending upon it for the support of his family. I have no personal connection with or interest in the doctor or his family other than a neighbor. In going to and from my office I pass his house. The distress of sorrowing wife and children touched my heart. I found that a set of miserable comforters had imposed upon them and their fears by reporting bloody and cruel outrages perpetrated by the Confederates upon the Federal prisoners and bade them entertain no hope of his being restored to them. I indignantly denounced them as libels upon humanity and base fabrications unworthy to be repeated by Christian lips. I had of course to suffer from the imputation of sympathy with rebels, but happily all that I had said of Southern humanity and generosity proved true. The family soon received letters assuring them of his safety and comfort as far as his feeble health would permit. My further advice and assistance not being asked I did not obtrude it. I watched closely the conduct of the Black Republicans and was shocked at their manifest heartlessness and indifference. In fact they seemed disappointed that the poor man had not been hung and quartered. I ventured to inquire of a friend of the family what had been done for his comfort or toward procuring his release and was told nothing whatever; that the same miserable comforters had advised the wife that nothing could be done for her husband, that it was useless to make the effort.

Without being even asked or having consulted any one but my wife I resolved to lay the case before you and make an appeal to your magnanimity. His detention can be of no practical importance or benefit to the C. S. Army. On the other hand his release would operate to dissipate the bitter prejudice that interested persons have sought to raise against the Confederates in this vicinity. If you will examine the doctor you will find that all that is stated is substantially true and become satisfied that his discharge would subserve the public interest. It may seem presumptuous in one so humble to make such a request, but I know brave men are ever generous and confiding, always ready to lend a listening ear to the petitions of the simple and true-hearted.

I remain, your obedient servant,

A. J. MCCALL.

[Inclosure No. 2.]

BATH, STEUBEN COUNTY, N. Y., October 18, 1861.

Rev. J. LANSING BURROWS, D. D.

MY DEAR BROTHER: Some time since I wrote you in behalf of Dr. Stephen Hagadorn, of this place, a prisoner confined in your city. By letters just received from him I learn that that communication reached you and that you kindly visited him. I am therefore emboldened by your past kindness to trouble you again. Accompanying this {p.1505} is a communication addressed to Hon. J. Davis, stating facts in relation to the doctor and signed by some of the gentlemen of this town. We trust it may be the means of procuring his discharge. Will you, my brother, see that it is put into the hands of Mr. Davis at the earliest possible moment? By so doing you will have the consciousness that you have done what you could to release a worthy brother in Christ from a painful and unnecessary confinement and bring happiness to a distressed and highly worthy family. Will you also use your personal influence to bring about so worthy an object?

Yours, affectionately, in the truth,

B. J. SCOTT, Pastor of Bath Church.

[Sub-inclosure.]

BATH, STEUBEN COUNTY, N. Y., October 16, 1861.

Hon. JEFFERSON DAVIS:

This is to certify that we, the undersigned, residents of the village of Bath aforesaid, are familiarly acquainted with Dr. Stephen Hagadorn, of this village, now a prisoner at Richmond, in the State of Virginia. That said Hagadorn is highly esteemed as a citizen, a physician and a Christian, being a member of the Baptist Church in this village. Unassuming in his intercourse but always up to his pretensions, his word always reliable; is strictly a civilian, never seeking military or political honors not so much as holding a town office. The doctor has a son by the name of S. H. Hagadorn, who left this village about the 6th of January last, went to Milwaukee, in the State of Wisconsin, and there without his father’s knowledge enlisted, which facts came to his lather’s knowledge, and on the l7th of July last prompted by parental affection to look after his son the doctor left his home for the city of Washington without the least hostile intentions and expecting to return home in a very few days, and that by the way of the city of New York for the purpose of replenishing his stock of medicines as required in his practice as a physician.

All of which is respectfully submitted.

R. Campbell, Lieutenant-Governor of New York; D. Rumsey, jr., ex-Member of Congress; W. Barnes, judge of Steuben County, N. Y.; Orson Mosher, clerk of Steuben County, N. Y.; Reuben Robie, ex-Member of Congress; Wm. Y. Hubbell, ex-Member Twenty-eighth Congress; O. Seymour, sheriff Steuben Cou