{p.1}

SERIES II.-VOLUME III.
CORRESPONDENCE, ORDERS, ETC.,
RELATING TO PRISONERS OF WAR AND STATE
FROM FEBRUARY 19, 1861, TO JUNE 12, 1862.
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UNION CORRESPONDENCE, ETC.

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[FEBRUARY 19, 1861.-For correspondence, &c., relating to “The Texas Surrender,” see Vol. I, this Series, p. 1 et seq.]

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[MAY 11, 1861.-For capture, parole and final disposition of the Camp Jackson (Mo.) prisoners, see Vol. I, this Series, pp. 105-123.]

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HEADQUARTERS DEPARTMENT OF THE WEST, Saint Louis, Mo., May 18, 1861.

Col. JOHN S. BOWEN, Missouri Volunteer Militia, Saint Louis, Mo.

SIR: In reply to your letter* of the 17th instant to Brigadier-General Harney, commanding Department of the West, I am instructed to say that prisoners of war on parole are not restricted to any particular locality unless a condition to that effect is specifically set forth in the obligation they assume on giving their parole. No such condition was imposed upon the officers of General Frost’s command who gave their parole at Saint Louis Arsenal, May 11, 1861.

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

S. WILLIAMS, Assistant Adjutant-General.

* Not found.

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[JUNE 5, 1861-APRIL 9, 1862.-For various letters, orders, reports, &c., relating to special exchanges not found herein, or specifically cited, see Vol. I, this Series, pp. 61-184, inclusive.]

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U. S. S. MINNESOTA, Off Charleston Harbor, June 6, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: ... June 5, about 10 o’clock a.m., our masthead lookout made a sail which proved to be the U. S. brig Perry, Lieutenant Commanding Parrott, with a prize in company, it being a piratical schooner of about 50 tons called the Savannah hailing from Charleston, with a commission from Jefferson Davis, dated Montgomery, May 18, 1861, commanded by T. Harrison Baker and a crew of nineteen men. She {p.2} had placed some of her crew on board a prize, the brig Joseph, of Rockland, Me., from Cardenas with sugar, which she had captured on the 3d instant and ordered to Beaufort, S. C. The captain of the Joseph retained on board the schooner now goes to New York in company with the prize master. I herewith inclose a copy of Lieutenant Commanding Parrotts report.

I shall order the schooner to New York in charge of Prize Master R. S. McCook, midshipman.

I beg, leave most respectfully to remind the Department that I am very much in want of vessels.

The prisoners of the schooner Savannah, captain, lieutenant, sailing-master and purser and ten men-six having been sent away in their prize, the Joseph-are on board the Minnesota and will be sent on the first opportunity to a Northern port.

The Perry has proceeded to her station off Fernandina.

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer, Atlantic Blockading Squadron.

[Inclosure.]

U. S. BRIG PERRY, At Sea, June 5, 1861.

Flag-Officer SILAS H. STRINGHAM, U. S. S. Minnesota.

SIR: I have the honor to report that on the 3d instant the privateer schooner Savannah, of Charleston, S. C., Capt. T. H. Baker, commissioned by Jefferson Davis, President of the Confederate States of America, was captured by this vessel about 60 miles east of Charleston, S. C.

The following are the particulars of the capture: She was discovered apparently following a brig, and considering her movements suspicious we gave her chase and getting nearer discovered that she carried a pivot gun. We showed our colors, which some time after she answered by hoisting a flag for a moment and hauling it down again, too soon for us to make it out. We afterwards fired a gun ahead of her but she showed no colors. At 7.50 p.m. it being quite dark and the brig which had been seen near the schooner out of sight we were within range and opened fire on the schooner which she returned, several of her shots passing over us. At 8.10 she ceased firing and we lost sight of her for a moment; it proved that she had lowered her sails to show her submission. Wore round and passed near her without firing asking if she surrendered, but could not understand her answer. Wore again and on passing her were answered that she had surrendered. A prize crew was sent on board with orders to follow us and her crew were transferred to this vessel.

She had left Charleston on the 2d instant on her first cruise. We found on board of her the master of the brig Joseph, of Rockland, Me., which was the vessel seen near her and which she had captured on the morning of the 3d instant.

As the smoke from the guns added to the difficulty of keeping the vessel in view we fired slowly and expended but a few shot upon her. Two of our shots passed through her sails and one between them and the hull.

The officers and crew seconded with great zeal my efforts to prevent the escape of the privateer. She awaits your orders.

I am, very respectfully, your obedient servant,

E. G. PARROTT, Lieutenant, Commanding.

{p.3}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., June 11, 1861.

To THE OFFICER COMMANDING THE FORCES AT COUNTY BRIDGE.

SIR: Captain Davies and Lieutenant Potter, of the Fifth Regiment New York Volunteers, are about to proceed to the scene of the late engagement near County Bridge for the purpose of bringing away any dead or wounded that may have been left behind. I trust the courtesies of civilized warfare will be extended to these gentlemen as I have no doubt they will be.

I have some prisoners taken with arms in their hands whom you might desire or be willing to exchange for any persons that may have been so unfortunate as to have fallen into your hands. If you deem such a course desirable a flag of truce with a proper cartel might be arranged through the bearer of this note, Captain Davies.

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

BENJ. F. BUTLER, Major-General, Commanding.

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DIVISION HEADQUARTERS, Yorktown, Va., June 12, 1861.

Maj. Gen. B. F. BUTLER, Commanding, Fort Monroe.

SIR: Our people had orders to bring any communications intended for the commander of the forces at County Bridge or Bethel to this place and by a particular route, hence the delay. I understand from Captain Davies, the bearer of the flag, that you have four prisoners, to wit, one trooper and three citizens-Messrs. Carter, Whiting, Sively and Merriam (the latter being citizens of Virginia)-in your possession, and you state that you are desirous to exchange them for a corresponding number of Federal troops who are prisoners with me. I accept your offer as to the trooper who was a vedette, and will send to-morrow at 4 o’clock in the afternoon if it suit your convenience a Federal soldier in exchange for him. With respect to the wounded, my first care was to have them attended to. Medical advice and careful nursing have been provided and your dead I had buried on the field of battle, and this was done in sight of the conflagrations which were devastating the homes of our citizens.

The citizens in your possession are men who doubtless defended their homes against a foe who to their certain knowledge had with or without the authority of the Federal Government destroyed the private property of their neighbors, breaking up even the pianos of the ladies and committing depredations numberless and of every description. The Federal prisoner if it be agreeable to you will be sent to or near Hampton by a sergeant, who will receive the vedette, Carter, who was captured by your troops before the battle commenced. You have but one prisoner of mine and he was not taken in battle. I do not think a more formal proceeding is necessary. If my proposition to deliver one Federal prisoner at or near Hampton by a sergeant to be exchanged for Private Carter, the captured vedette, be accepted please inform me or the officer in command at Bethel Church and it shall be done.

It is scarcely necessary to say that the gentlemen who bear your flag have been received with every courtesy by our citizens as well as by ourselves.*

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

J. BANKHEAD MAGRUDER, Colonel, Commanding.

* Butler’s answer to this letter see Series I, Vol. II, p 681.

{p.4}

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STATE OF SOUTH CAROLINA, Headquarters, June 19, 1861.

COMDG. OFFICER U. S. BLOCK’G FLEET OFF CHARLESTON HARBOR.

SIR: I am instructed by the President of the Confederate States of America to make with regard to the crew of the Savannah now detained as prisoners on board one of the vessels blockading the port of Charleston a proposition for an exchange of prisoners according to number and rank.

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

S. R. GIST, Adjutant and Inspector General of South Carolina.

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U. S. STEAM FRIGATE WABASH, ATLANTIC BLOCKADING SQUADRON, Off Charleston, S. C., June 19, 1861.

S. R. GIST, Adjt. and Insp. Gen. State of South Carolina. SIB: I have the honor to acknowledge the receipt of your communication of this date. The prisoners to whom you refer are not on board of any of the vessels under my command.

I am, very respectfully, your obedient servant,

SAMUEL MERCER, Captain, U. S. Navy, Senior Officer in Command.

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OFFICE DISTRICT ATTORNEY OF THE UNITED STATES, New York, June 22, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: I respectfully inclose copies of advertisements of sale of the schooner Savannah and the ship Nightingale.

Very respectfully, your obedient servant,

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

To-day’s Herald states that District Attorney Smith hastens the sale of these vessels, as Government wishes to become the purchaser.

S.

[Inclosure No. 1.]

U. S. marshal’s sale.

By virtue of a writ of venditioni exponas to me directed and delivered I will sell at public auction on the 2d day of July, 1861, at 11 a.m., on board thereof the schooner Savannah, her tackle, apparel and lading.

N. B.-The above vessel lies at Union Stores, Brooklyn. Dated 25th June, 1861.

ROBT. MURRAY, U. S. Marshal.

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

{p.5}

[Inclosure No. 2.]

U. S. marshal’s sale.

By virtue of a writ of venditioni exponas to me directed and delivered I will sell at public auction on the 2d day of July, 1861, at 12 in., on board thereof the ship Nightingale, her tackle, apparel and the goods and effects found on board thereof.

N. B.-The above vessel lies at Union Stores, Brooklyn. Dated 25th day of June, 1861.

ROBT. MURRAY, U. S. Marshal.

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

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RICHMOND, July 6, 1861.

ABRAHAM LINCOLN, President-and Commander-in-Chief of the Army and Navy of the United States.

SIR: Having learned that the schooner Savannah, a private armed vessel in the service and sailing under a commission issued by authority of the Confederate States of America, had been captured by one of the vessels forming the blockading squadron off Charleston Harbor I directed a proposition to be made to the officer commanding that squadron for an exchange of the officers and crew of the Savannah for prisoners of war held by this Government “according to number and rank.” To this proposition made on the 19th ultimo Captain Mercer, the officer in command of the blockading squadron, made answer on the same day that “the prisoners (referred to) are not on board of any of the vessels under my command.”

It now appears by statements made without contradiction in newspapers published in New York that the prisoners above mentioned were conveyed to that city, and have there been treated not as prisoners of war but as criminals-that they have been put in irons, confined in jail, brought before the courts of justice on charges of piracy and treason, and it is even rumored that they have been actually convicted of the offenses charged-for no other reason than that they bore arms in defense of the rights of this Government and under the authority of its commission.

I could not without grave discourtesy have made the newspaper statements above referred to the subject of this communication if the threat of treating as pirates the citizens of this Confederacy armed for its service on the high seas had not been contained in your proclamation* of April last. That proclamation, however, seems to afford a sufficient justification for considering these published statements as not devoid of probability.

It is the desire of this Government so to conduct the war now existing as to mitigate its horrors as far as may be possible, and with this intent its treatment of the prisoners captured by its forces has been marked by the greatest humanity and leniency consistent with public obligation. Some have been permitted to return home on parole-others to remain at large under similar condition within this Confederacy, and all have been furnished with rations for their subsistence such as are allowed to our own troops. It is only since the news has been received

To appear in Series III. {p.6} of the treatment of the prisoners taken on the Savannah that I have been compelled to withdraw these indulgences and to hold the prisoners taken by us in strict confinement.

A just regard to humanity and to the honor of this Government now requires me to state explicitly that painful as will be the necessity this Government will deal out to the prisoners held by it the same treatment and the same fate as shall be experienced by those captured in the Savannah; and if driven to the terrible necessity of retaliation by your execution of any of the officers or crew of the Savannah that retaliation will be extended so far as shall be requisite to secure the abandonment by you of a practice unknown to the warfare of civilized man and so barbarous as to disgrace the nation which shall be guilty of inaugurating it.

With this view and because it may not have reached you I now renew the proposition made to the commander of the blockading squadron to exchange for the prisoners taken on the Savannah an equal number of those now held by us according to rank.*

I am, sir, &c,

JEFFERSON DAVIS, President and Commander-in-Chief of the Army and Navy of the Confederate States of America.

* No answer to this letter found.

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

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

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FLAG-SHIP MINNESOTA, Hampton Roads, July 10, 1861.

Brig. Gen. BENJAMIN HUGER, Commanding Forces at Norfolk, Va.

SIR: Contrary to all expectations, considering the courtesy with which I have always received flags of truce and communications from yourself, after having written you and which letter I am forced to believe reached its destination, the flag of truce which I ordered to proceed to Craney Island, or farther if permitted, to bring away Miss Segar was received with such hostile demonstrations as makes it imperative upon me to ask of you whether such reception as this flag of truce met with on Saturday, July 6, is to be continued, or is it the notice that you will allow no more communications?

That there may be no misunderstanding I ask the above questions, and to convince you of their propriety I inclose for your perusal a copy of the report made to me by the officer, Commander A. Ludlow Case, U. S. N., who by my order commanded the flag of truce and carried the note which I had the honor to write you.

I am again applied to this morning to send a flag of truce to be used for the accommodation of persons who want to go to Norfolk, residents of North Carolina, and I am forced to tell them the dangers we all run {p.7} in approaching your command. Nevertheless I am induced to comply with the request made to me and shall also take advantage of this flag of truce to renew the request contained in my letters of July 5 and 6 that Miss Segar may be sent to this point.

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer, Atlantic Blockading Squadron.

[Inclosure.]

U. S. FLAG-SHIP MINNESOTA, Hampton Roads, July 6, 1861.

Flag-Officer S. H. STRINGHAM, Atlantic Blockading Squadron, Hampton Roads, Va.

SIR: I have the honor to report that in obedience to your orders I hoisted a flag of truce on board the steam tug Adriatic at 1 o’clock p.m. and proceeded toward Norfolk to communicate with General Huger as directed. When about a mile below the Craney Island beacon and after having passed the batteries on Sewall’s and Bush Points a shot was fined at the tug from Craney Island. It passed diagonally across the bow and struck within twenty feet. Had not the engine been stopped at the flash and the boat’s head turned a little to starboard the shot must I think have struck her.

I immediately ordered the tug anchored and left in the barge with Midshipman McCook to communicate with the boat which I supposed would meet me from Craney Island as it did when I was up with a flag of truce in May last, but I had not got more than three or four boat’s lengths from the tug when a second shot was fired at the barge which passed directly over and struck about thirty yards from her. My first impulse was to return immediately and report the circumstances to you, but my second led me to remain and ascertain if possible if the flag of truce had been fired on by order of General Huger or the commanding officer at Craney island.

Two officers came off in a boat from Craney Island, of whom I asked the name of the commanding officer at the island and if General Huger was still at Norfolk. The senior of the two (I did not learn their names) replied: “Colonel Richardson commands at Craney Island;” but he did not know anything of General Huger.

I then stated that I was the bearer of a flag of truce to General Huger, but before I could transact any business in relation to it I must first ascertain from them if General Huger or the commanding officer had ordered the flag of truce to be fired on; if so I had no further communication to make but should return and report the facts to you. The senior officer then stated that no such order had been given; the shot striking so near was accidental; he knew the flag of truce was coming up; had reported it to the commanding officer when the order was given to fire a shot to stop her. To this I replied: “A blank cartridge would have been all that was necessary and what was customary to stop a flag of truce.” To this he said something about not knowing what was customary.

I then gave him your letter to General Huger saying I would wait for an answer, at the same time asking him to give my compliments to the commanding officer and say his men fired well; it was good target practice. He replied: “The circumstance shall be reported to the commanding officer.” I also stated to him the difference in the reception of officers coming with flags of truce to us.

{p.8}

The officer left me at about 2.45 p.m. I remained until 6.45 p.m. and then left on my return without an answer from General Huger.

Two or three steamers communicated with Craney Island and Norfolk whilst we were at anchor.

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

A. LUDLOW CASE, Commander, U. S. Navy, and Fleet Captain.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, July 12, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: As in the conflict now commenced it is to be expected that the United States will have to take care of large numbers of prisoners of war I respectfully call your attention to the propriety of making some arrangements in time. At present persons arrested on suspicion of disloyalty are kept in the common jail of Washington. I am endeavoring to procure some building here more suitable for their temporary safe-keeping. Prisoners of war are entitled to proper accommodations, to courteous and respectful treatment, to one ration a day and to consideration according to rank. Heretofore when the Government has had prisoners to care for a commissary of prisoners has been appointed. He keeps the muster-list of prisoners, negotiates exchanges according to the cartel, sends funds to the commissary of the enemy for use of our friends in their power, and should be an accomplished gentleman, as his office is of high power and importance.

General John Mason, of Virginia, father of the ex-United States Senator, was commissary of prisoners for the United States during the last war. Mr. Barclay, father of Mr. Harry Barclay, and the British consul at New York, was the British commissary of prisoners.

The provost-marshal is the chief superintending keeper of prisoners, but in rank and position the commissary of prisoners is much higher than the provost-marshal. Large sums of money may pass through the hands of the commissary of prisoners. The negotiation of exchange of prisoners is important. A lieutenant-colonel has been exchanged for a captain and ten privates; a general for a certain number of other officers. Knowledge of military law and custom is needed in order not to offend by errors of ignorance in treating these delicate questions.

I respectfully recommend that some person be designated as commissary of prisoners, and charged with the care of the prisoners now in our hands and preparations for those likely to fall into our possession. I also recommend that one of the islands off Sandusky, known as the Put-in-Bay Islands of Lake Erie, be rented as a depot and place of confinement for prisoners of war. Arrangements should be at once made for their accommodation to avoid great embarrassment when they begin to come in.

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

M. C. MEIGS, Quartermaster-General.

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Resolution adopted by the House of Representatives July 13, 1861.

Resolved That the President of the United States at the beginning of the next session of Congress or at this session if compatible with {p.9} the public service communicate to this House all correspondence with the English, French, Spanish and other Governments with reference to the right of blockade, privateering and the recognition of the so-called Confederate States.

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BEVERLY, VA., July 13, 1861.

Col. E. D. TOWNSEND:

Have received from Pegram proposition for surrender with his officers and remnant of his command, say 600 men. Have accepted surrender agreeing to treat them with the kindness due prisoners of war, but stating that it was not in my power to relieve them from any liability incurred by taking arms against the United States. They are said to be extremely penitent and determined never again to take arms against the General Government. I shall, have nearly 900 or 1,000 prisoners to take care of when Pegram comes in. The question is an embarrassing one. Please give me immediate instructions by telegraph as to the disposition to be made of officers and men taken prisoners of war. I recommend that course as in many instances calculated to produce an excellent effect upon the deluded masses of the rebels.

The latest accounts make the loss of the rebels in killed some 150.

G. B. MCCLELLAN, Major-General, U. S. Army.

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GENERAL ORDERS, No. 44.}

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

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

...

By order:

L. THOMAS, Adjutant-General.

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[JULY 13, 1861.-For reports, correspondence, &c., relating to the surrender of Lieut. Col. John Pegram at Rich Mountain, W. Va., see Series I, Vol. II, p. 193 et seq.]

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WASHINGTON, July 14, 1861.

Major-General MCCLELLAN, U. S. Army, Beverly, Va.:

You have the applause of all who are high in authority here.

Discharge all your prisoners of war under the grade of commissioned officers who shall willingly take and subscribe a general oath in these terms:

{p.10}

As to officers among your prisoners permit all to return to their homes who willingly sign a written general parole in these words:

But you will except from this privilege all officers among your prisoners who have recently been officers of the U. S. Army or Navy and who you may have reason to believe left either with the latent of bearing arms against the United States. The captured officers of this description you will send to Fort McHenry.

WINFIELD SCOTT.

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NAVY DEPARTMENT, Washington, July 15, 1861.

Lieut. E. G. PARROTT, Comdg. U. S. Brig Perry, Atlantic Blockading Squadron.

SIR: I received through Flag-Officer Stringham a copy of your report of the capture of the privateer Savannah by the U. S. Brig Perry under your command. The ability and energy displayed in overhauling under adverse circumstances and capturing the Savannah reflect credit on yourself and the officers and men under your command.

You will make known to the officers and crew of the Perry the Department’s admiration and appreciation of their services.

I am, respectfully, your obedient servant,

GIDEON WELLES, Secretary of the Navy.

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[JULY 15, 1861.-For correspondence between Maj. Gen. George B. McClellan, U. S. Army, and Bring. Gen. Henry B. Jackson, C. S. Army, regarding the disposition of Confederate prisoners in Western Virginia, &c., see Series I, Vol. 11, pp. 250-253.]

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

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

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

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

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

E. D. TOWNSEND, Assistant Adjutant-General.

{p.11}

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HEADQUARTERS, July 17, 1861.

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

SIR: Your letter of the 13th instant* has been submitted to the General-in-Chief, who directs me to say he is of opinion that the prisoners for piracy must be tried in the district where they were first placed in confinement, and that if indicted they cannot be removed beyond Baltimore. Only those not already indicted can be sent to New York Harbor, and if any of those should be hereafter indicted they will have to be returned. ...

I have the honor to be, sir, &c.,

E. D. TOWNSEND, Assistant Adjutant-General.

* See Vol. I, this Series, p. 586.

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SPECIAL ORDERS, No. 107.}

HDQRS. DEPT. OF PENNSYLVANIA, Charlestown, Va., July 19, 1861.

...

III. The prisoners taken in arms against the United States and all others in charge of the provost-guard in Charlestown will be delivered to the commander of the Second Regiment Pennsylvania Volunteers, who will then turn them over to the commanding officer at Harper’s Ferry. The names and offenses of the prisoners will be sent with them.

By order of Major-General Patterson:

F. J. PORTER, Assistant Adjutant General.

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OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, No. 59 William Street, New York, July 19, 1861.

J. B. TUCKER, Esq., [Richmond, Va.]

DEAR SIR: Your letter was duly delivered to me, In pursuance of it I appeared for Captain Baker and the other privateers, and also have associated James T. Brady with me. I must explain that this difference from my first suggestion and your suggestion also arose from the fact that Mr. O’Conor had, on account of his health and also because he felt that just now the views entertained by him might render the cause itself harm rather than benefit in court, declined to accept a retainer for the defendants. This was on application of some Southerners who reside here. It was communicated to me and under the larger discretion given by your letter I retained Mr. Brady.

He enters upon the case readily and zealously and I have no doubt his argument will prove satisfactory to us all, although none of the attorneys in the case will be prepared to take openly as I will the broad ground that Captain Baker and his crew were not citizens of the United States on the 3d of June, 1861 (the date of their alleged offense and capture), and consequently are not amenable to the Statute 1790, Chapter XXXV, Paragraph 9.

I send you a copy of the indictment. You will observe that it is framed so as to include a charge of piracy in general and also specifically in the fifth and other counts, viz, under Paragraph 9, alleging citizenship in the defendants and also in the persons who were on the bug Joseph, the prize taken by privateer. Our only difficulty at present is a practical one; the case will not be tried until September.

{p.12}

As the Confederate States of America is a Government not yet acknowledged, we must by parol evidence authenticate the letter of marque and the Government seal, and also by parol prove the acts of secession, the formation of the Confederate Government, the adherence of South Carolina to the Confederate States of America and the enactment of the law for the recognition of war and authorizing letters of marque, &c. I will have to obtain this evidence through the aid of yourself, or of some one connected with the departments at Richmond.* I think it will be desirable also in order to prove compliance with the laws of war and privateering by the defendants to show that after capture the Joseph was sent into port as a prize and regularly libeled and condemned by the admiralty court. It will be well to exclude any idea that the acts of the privateers were characterized animo furandi. We will try the case before Judge Nelson who has intimated to us that he will hold the next circuit in person. This is favorable to us.

At the moment of writing we are in painful suspense as to the situation of affairs at Manassas Gap or Junction. We have only heard that McDowell’s advance was checked at Bull Run. Before the receipt of this the battle will have been fought. I tremble with a mixture of hope and anxiety. How nobly does Mr. Toombs’ circular in reference to the treatment of prisoners of war contrast with that which is extended to the privateers!

Captain Baker forwarded to the Secretary of State his report of his cruise and capture. I assured him he need have no fear. His Government would take care of his interests because her own honor would prompt her to protect her subjects and sailors. I do not think they have any personal fear as to the final result.

The Brick Presbyterian Church here has virtually driven Reverend Mr. Hoge away from the charge because he would not preach and pray Republican politics. Mr. Hoge has behaved nobly as a Christian minister and an independent, high-minded gentleman. A large body in his church will ever regret his departure, and they approve his course throughout.

Yours, most truly,

ALGERNON S. SULLIVAN.

* See Benjamin to Browne, August 3, 1861, p 699.

[Inclosure.]

Copy of the indictment of the Confederate privateersmen.

CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, IN THE SECOND CIRCUIT.

At a stated term of the circuit court of the United States of America for the southern district of New York, in the second circuit, begun and held at the city of New York, within and for the district and circuit aforesaid, on the first Monday of April, A. D. 1861, and continued by adjournments to the 26th day of June in the year last aforesaid.

SOUTHERN DISTRICT OF NEW YORK, ss:

The jurors of the United States of America, within and for the district and circuit aforesaid, on their oath present:

That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same {p.13} place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, the same being then and there owned in whole or in part by a citizen or citizens of the United States of America whose name or names are to the jurors aforesaid unknown, and did then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner, and then and there one of the ship’s company of the said brig, the Joseph, and then and there master and commander thereof, and in and upon Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, each then and there being a mariner and one of the ship’s company of the said brig, the Joseph, piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in personal fear and danger of their lives, and did then and there the brig, the said Joseph, of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of certain persons whose names are to the jurors aforesaid unknown, the said 250 hogsheads of sugar being then and there in and on board of the said brig and being then and there the lading thereof, and the said brig, the tackle, apparel and furniture thereof and the said 250 hogsheads of sugar being then and there in the care, custody and possession of the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, from the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, and from their said possession, care and custody, and in their presence and against their will, violently, piratically and feloniously seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such cane made and provided, and against the peace of the said United States and their dignity.

Second count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and {p.14} maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain American vessel, to wit, a brig called the Joseph, the same then and there being owned in part by George H. Cables, John Cables and Stephen Hatch, then citizens of the United States of America, and did then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner and one of the ship’s company of the said brig, the Joseph, and master and commander thereof and in and upon divers other persons, each then and there being a mariner and one of the ship’s company of the said brig, the Joseph, whose names are to the jurors aforesaid unknown, piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in bodily fear and danger of their lives, and did then and there the said brig, the said Joseph, of the value of $3,000 and the tackle, apparel and furniture of the same of the value of $500 of the goods, chattels and personal property of George H. Cables, John Cables and Stephen Hatch, citizens of the United States of America, and 250 hogsheads of sugar of the value of $100 each hogshead, of the goods, chattels and personal property of one Morales, whose Christian name is to the jurors aforesaid unknown, the said sugar being then and there in and on board of the said brig, the Joseph, and being then and there the lading thereof, and the said brig and the tackle, apparel and furniture thereof and the said 250 hogsheads of sugar then and there being in the care, custody and possession of the said Thies N. Meyer and the said divers other persons, mariners as aforesaid and of the ship’s company of the said brig, the said Joseph, and whose names are to the jurors aforesaid unknown, from the said Thies N. Meyer and the said divers other persons, mariners aforesaid and of the ship’s company of the said brig, the Joseph, whose names are as aforesaid to the jurors aforesaid unknown, and from their care, custody and possession and in their presence and against their will piratically, feloniously and violently rob, seize, steal, take and carry away, against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Third count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, then and there being owned by certain persons, citizens of the United States of America, to wit: George H. Cables, John Cables and Stephen Hatch, of Rockland, in the State of Maine, and in and upon certain divers persons whose names are to the {p.15} jurors aforesaid unknown, the said last-mentioned persons each being then and there a mariner and of the ship’s company of the said brig called the Joseph, and then and there being in and on board of the said brig, the Joseph, did then and there piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in bodily fear and the said brig, the Joseph, of the value of $3,000, the apparel, tackle and furniture thereof of the value of $500 of the goods and chattels and personal property of the said George H. Cables, John Cables and Stephen Hatch, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of one Thies N. Meyer, from the said divers persons, mariners as aforesaid, whose names are to the jurors aforesaid unknown, in their presence then and there and against their will did then and there piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Fourth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel then and there being, to wit, a brig called the Joseph, and in and upon one Thies N. Meyer, then and there being in and on board of the said brig and being a mariner and master and commander of the said brig, and the said Thies N. Meyer then and there being a citizen of the United States of America, did then and there piratically, feloniously and violently make an assault, and him, the said Thies N. Meyer, did then and there piratically, feloniously and violently put in great bodily fear, and the said brig, the Joseph, of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead, the same then and there being of the lading of the said brig, of the goods, chattels and personal property of the said Thies N. Meyer, in his presence and against his will did violently, feloniously and piratically rob, steal, seize, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Fifth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the {p.16} same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, each being a citizen of the United States of America, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the United States of America and within the jurisdiction of this court, in and upon one Thies N. Meyer then and there being, the said Thies N. Meyer then and there being a citizen of the said United States, and he, the said Thies N. Meyer, then and there being in and on board of a certain American vessel of the United States of America, to wit, a brig called the Joseph, and the said brig then and there being on the high seas as aforesaid, did piratically, feloniously and violently make an assault and him, the said Thies N. Meyer, did piratically, feloniously and violently then and there put in bodily fear, and the said brig, the Joseph, of the value of $3,000, the tackle, apparel and furniture of the same of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of the said Thies N. Meyer, from the said Thies N. Meyer, and in his presence and against his will did piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Sixth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, the same being then and there owned in whole or in part by a citizen or citizens of the United States of America whose name or names are to the jurors aforesaid unknown, and did on pretense of authority from a person, to wit, one Jefferson Davis, then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner and then and there one of the ship’s company of the said brig, the Joseph, and then and there master and commander thereof, and in and upon Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, each then and there being a mariner and one of the ship’s company of the said brig, the Joseph, piratically, feloniously and violently make an assault, and them did on pretense of {p.17} authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in personal fear and danger of their lives, and did on pretense of authority from a person, to wit, one Jefferson Davis, then and there, the brig, the said Joseph, of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of certain persons whose names are to the jurors aforesaid unknown, the said 250 hogsheads of sugar being then and there in and on board of the said brig and being then and there the lading thereof; and the said brig, the tackle, apparel and furniture thereof and the said 250 hogsheads of sugar being then and there in the care, custody and possession of the said. Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, from the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden and from their said possession, care and custody, and in their presence and against their will, violently, piratically and feloniously seize, rob, steal, take and carry away against the form of the statute of the said United Stated of America in such case made and provided and against the peace of the said United States and their dignity.

Seventh count.-And the jurors aforesaid, upon their oath aforesaid, do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain American vessel, to wit, a brig called the Joseph, the same then and there being owned in part by George H. Cables, John Cables and Stephen Hatch, then citizens of the United States of America, and did on pretense of authority from a person, to wit, one Jefferson Davis, then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner and one of the ship’s company of the said brig, the Joseph, and master and commander thereof, and in and upon divers other persons, each then and there being a mariner and one of the ship’s company of the said brig, the Joseph, whose names are to the jurors aforesaid unknown, piratically, feloniously and violently make an assault, and them did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in bodily fear and danger of their lives, and did on pretense of authority from a person, to wit, one Jefferson Davis, then and there the said brig, the said Joseph, of the value of $3,000, and the tackle, apparel and furniture of the same {p.18} of the value of $500 of the goods, chattels and personal property of George H. Cables, John Cables and Stephen Hatch, citizens of the United States of America, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of one Morales, whose Christian name is to the jurors aforesaid unknown, the said sugar being then and there in and on board of the said brig, the Joseph, and being then and there the lading thereof, and the said brig, and the tackle, apparel and furniture thereof; and the said 250 hogsheads of sugar, then and there being in the care, custody and possession of the said Thies N. Meyer and the said divers other persons, mariners as aforesaid, and of the ship’s company of the said brig, the Joseph, and whose names are to the jurors aforesaid unknown, from the said Thies N. Meyer and the said divers other persons, mariners as aforesaid, and of the ship’s company of the said brig, the Joseph, whose names are as aforesaid to the jurors aforesaid unknown, and from their care, custody and possession and in their presence and against their will piratically, feloniously and violently rob, seize, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the sand United States and their dignity.

Eighth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin; late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, then and there being owned by certain persons, citizens of the United states of America, to wit, George H. Cables, John Cables and Stephen Hatch, of Rockland, in the State of Maine, and in and upon certain divers persons whose names are to the jurors aforesaid unknown, the said last-mentioned persons each being then and there a mariner and of the ship’s company of the said brig called the Joseph, and then and there being in and on board of the said brig, the Joseph, did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently make an assault, and then did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in bodily fear, and the said brig, the Joseph, of the value of $3,000, and the apparel, tackle and furniture thereof of the value of $500 of the goods, chattels and personal property of the said George H. Cables, John Cables and Stephen Hatch, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of one Thies N. Meyer, from the said divers persons, {p.19} mariners as aforesaid, whose names are to the jurors aforesaid unknown, in their presence then and there and against their will did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Ninth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel then and there being, to wit, a brig called the Joseph, and in and upon one Thies N. Meyer, then and there being in and on board of the said brig and being a mariner and master and commander of the said brig and the said Thies N. Meyer then and there being a citizen of the United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently make aim assault, and him, the said Thies N. Meyer, did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in great bodily fear, and the said brig, the Joseph of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead, the same then and there being of the lading of the said brig of the goods, chattels and personal property of the said Thies N. Meyer, in his presence and against his will did on pretense of authority from a person, to wit, one Jefferson Davis, violently, feloniously and piratically rob, steal, seize, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Tenth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sydney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of {p.20} the same place, mariner, and Martin Galvin, late of the same place, mariner, each being a citizen of the United States of America, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the United States of America and within the jurisdiction of this court, in and upon one Thies N. Meyer then and there being, The said Thies N. Meyer then and there being a citizen of the said United States, and he, the said Thies N. Meyer, then and there being in and on board of a certain American vessel of the United States of America, to wit, a brig called the Joseph, and the same brig then and there being on the high seas as aforesaid did on pretense of authority from a person, to wit, one Jefferson Davis, piratically, feloniously and violently make an assault, and him, the said Thies N. Meyer, did on pretense of authority from a person, to wit, one Jefferson Davis, piratically, feloniously and violently then and there put in bodily fear, and the said brig, the Joseph, of the value of $3,000, the tackle, apparel and furniture of the same of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of the said Thies N. Meyer, from the said Thies N. Meyer and in his presence and against his will did on pretense of authority from a person, to wit, one Jefferson Davis, piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Eleventh and final count.-And the jurors aforesaid on their oath aforesaid do further present: That the southern district of New York in the second circuit is the district and circuit in which the said Thomas Harrison Baker, John Harleston, Charles Sidney Passailaigue, Henry Cashman Howard, Joseph Cruz del Cano, Henry Oman, Patrick Daly, William Charles Clark, Albert Gallatin Ferris, Richard Palmer, John Murphy, Alexander Carter Coid and Martin Galvin were brought and in which they were found, and is the district and circuit where they were apprehended and into which they were first brought for the said offense.*

E. DELAFIELD SMITH, Attorney of the United States for the Southern District of New York.

* The defendants were tried on this indictment at the October term of the U. S. circuit court for the southern district of New York, beginning on the 23d day of the month. After hearing the testimony, arguments of counsel and charge of the court, on the eighth day, viz, October 31, 1861, the jury came in and reported a disagreement and were discharged. Before a new trial could be had the United States Government had formally agreed with the Confederate Government to treat privateersmen as regular combatants, and these men were subsequently exchanged under the cartel.-COMPILER.

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OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, No. 59 William Street, New York, July 22, 1861.

[J. H. TUCKER, Esq., Richmond, Va.]

DEAR SIR: I inclose another newspaper slip with news of the capture of some of the crew of the Sumter. I have appeared for them. There is a very vindictive feeling here against the privateers. The merchants are in constant alarm about their ships and cargoes and they would try rash and cruel expedients to relieve themselves from the danger. I do not think the Government would be so impolitic as to execute any of them even if they shall be convicted. Retaliation {p.21} would be so certain that they would not venture to embark on such a course. We learn from the synopsis of President Davis’ message * that he has taken steps already to bring the case of the prisoners to the notice of the United States Government. This morning the newspapers are filled with exultant accounts of the defeat of General Beauregard at Bull Run yesterday. We are yet in doubt about the correctness of the version. The truth is our newspapers do not give us reliable news when it is unfavorable to their side.

Yours, truly,

ALGERNON S. SULLIVAN.

P. S.-The news has just come that the U. S. troops were repulsed and are in retreat on Washington. Excitement immense here.

* See extract from message, p. 692.

[Inclosure.]

The privateer Sumter-Arrest of five of her crew.

This morning two of the crew of the privateer Sumter arrived at this port by the Costa Rica, Captain Peel, from Aspinwall. Their names are Henry Spencer and John Davison. The former is an Englishman aged thirty-eight years, and the latter a Scotchman aged twenty-five. They state that they embarked on board the Sumter to avoid starvation in New Orleans and that they intended to run away whenever an opportunity presented. The Sumter left New Orleans on June 30. The U. S. S. Brooklyn was heading in and gave the Sumter chase, but the latter being a very fast sailer escaped her.

The captain of the Sumter is named Semms [Semmes]; the first lieutenant Carl [Kell]. They had a crew of 120 men, a portion of whom, some fifteen or twenty in number, were Northern men who desired to escape when the chance offered. The crew was composed of all nationalities but the men were not enthusiastic in the Southern cause. The officers are desperate characters. The Sumter carried five guns, one 68-pounder and four 32-pounders, medium. She also had a large number of shells. On the 3d of July last she took her first prize, the Golden Rocket, of Bangor, which was subsequently burned. On the 4th of July she captured the brigs Machias and Cuba off Cienfuegos. A prize crew consisting of two marines and Spencer and Davison, the prisoners, were put on board, Lieutenant Hudgins acting as prize master. They had orders to lay off and on Cienfuegos while the Sumter towed the Machias. The midshipman did not seem to understand his position and the men having little heart for the work they were engaged in allowed the captain of the Cuba to recapture his vessel. While Spencer and Davison were asleep their arms were taken from them and they were placed in irons. Shortly afterwards the Cuba fell in with the Costa Rica and the captain of the former vessel not deeming it prudent to have so many of the privateersmen on board transferred Spencer and Davison to the Costa Rica and they were brought here as above stated. The midshipman and the two marines were kept on board the Cuba which was laden with a cargo of sugar and originally bound for London, but is now shaping her course for this port and is hourly expected to arrive. Spencer and Davison were brought to the U. S. marshal’s office this morning where they made statements substantially as above narrated. The necessary affidavit was made and upon application to one of the U. S. commissioners the prisoners were committed to await an examination.

{p.22}

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[JULY 27, 1861.–For reports, correspondence, &c., relating to the surrender of Union troops in New Mexico, see Vol. IV, Series I, p. 1, et seq.]

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Terms of surrender of U. S. troops to C. S. troops, July 27, 1861, San Augustine Springs, N. Mex.

The undersigned, Maj. I. Lynde, Seventh Infantry, U. S. Army, agrees to surrender his command on condition that they receive the treatment of prisoners of war, families secure from insult, private property to be respected.

Officers after giving their parole can elect which route they prefer in leaving the Department of New Mexico to go to any part of the United States.

The enlisted men of the command will be disarmed and given the liberty of the post of Fort Bliss until instructions can be received from General Van Dorn, C. S. Army, as to their future disposition.

To all which the commanding officer, J. R. Baylor, lieutenant-colonel, C. S. Army, agrees.

I. LYNDE, Major, Seventh Infantry. JOHN H. BAYLOR, Lieutenant-Colonel, Mounted Rifles, C. S. Army.

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Recapitulation of troops surrendered at San Augustine Springs, N. Mex., July 27, 1861.

Released on parole: 1 major, 2 assistant surgeons, 2 captains, 5 first lieutenants, 1 second lieutenant; total commissioned, 11: 1 sergeant-major, 1 quartermaster-sergeant, 1 principal musician, 23 sergeants, 22 corporals, 7 musicians, 344 privates; total enlisted, 399; aggregate, 410. In confinement as prisoners of war: 1 sergeant, 15 privates; total, 16. Deserted to the enemy: 1 hospital steward, 1 sergeant, 24 privates; total, 26.

Available for service not paroled: 2 sergeants, 3 corporals, 35 privates; total, 40.

J. H. POTTER, Captain, Seventh Infantry, Commanding.

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HEADQUARTERS OF CAVALRY, ARMY OF YORKTOWN, July 27, 1861.

ASST. ADJT. GEN. FOR GEN. B. F. BUTLER, Commanding Fortress Monroe.

SIR: By direction of the general commanding I send by the bearer, Captain Bryan, letters from officers of your command, prisoners of war. The object of these letters is to procure clothing and other necessaries for their comfort. If these articles are sent by Captain Bryan they will be at once forwarded to their owners. I have understood from the public prints that Lieut. Col. John Pegram, C. S. Army, was a {p.23} prisoner in confinement at Fortress Monroe. If this is true I will be much obliged if the general commanding will forward any letters Colonel Pegram may desire to send to his family in Richmond by the bearer. Captain Jenkins was considered out of danger by my surgeon when he was sent to Yorktown. Mr. Shurtleff’s wounds were very slight. I suppose it unnecessary to state that every care and attention was offered these gentlemen.

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

RO. JOHNSTON, Colonel, Commanding.

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EXECUTIVE MANSION, July 30, 1861.

To the SENATE OF THE UNITED STATES:

In answer to the resolution of the Senate* of the 23d instant requesting information concerning the imprisonment of Lieut. John J. Worden [John L. Worden], of the U. S. Navy, I transmit a report from the Secretary of the Navy.

ABRAHAM LINCOLN.

* Resolution omitted; substance stated in inclosure following. Lieutenant Worden had been detained in April. 1861, by the Confederate authorities at Montgomery on his return from Pensacola, to which point he had made a journey as a bearer of dispatches to Captain Adams, of the U. S. ship Sabine

[Inclosure.]

NAVY DEPARTMENT, July 29, 1861.

The PRESIDENT OF THE UNITED STATES:

The Secretary of the Navy, to whom was referred the resolution of the Senate of the 23d instant requesting the President of the United States to inform the Senate “under what circumstances Lieut. John J. Worden [John L. Worden], of the U. S. Navy, has been imprisoned at Montgomery, Ala.; whether he is still in prison, and whether any and if any what measures have been taken by the Government of the United States for his release,” has the honor to report that it is believed the communication of the information called for would not at this time comport with the public interest.

Respectfully submitted.

GIDEON WELLES.

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HEADQUARTERS ARMY OF THE POTOMAC, Manassas Junction, July 31, 1861.

Brig. Gen. IRVIN MCDOWELL, Commanding Department of Alexandria.

SIR: Information has been given me that two soldiers of the Army of the Confederate States whilst upon picket duty were hung near Centerville on the night of the 17th instant. The object of this communication is to ascertain the nature of the offense which required this ignominious punishment and upon what evidence the decision was based. If not done by your authority I must demand that the perpetrators of this violation of the usages of civilized warfare be delivered to me for such punishment as the nature of their offense demands, or be punished by yourself.

I have the honor to be, your obedient servant,

J. E. JOHNSTON, General, Commanding C. S. Forces.

{p.24}

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U. S. S. ALBATROSS, Hampton Roads, July 31, 1861.

Flag-Officer SILAS H. STRINGHAM, Atlantic Blockading Squadron, Hampton Roads.

SIR: I have the honor to report that in obedience to orders I proceeded on my cruise the 20th instant. ... On the 22d while off Hatteras Inlet I fell in with and recaptured the schooner Enchantress, of Newbury port, having on board a prize crew from the pirate vessel Jefferson Davis, which I have brought into port to be disposed of as you may think proper.

I am, respectfully, your obedient servant,

GEO. A. PRENTISS, Commander.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Fort McHenry, Md., August 1, 1861.

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

COLONEL: Capt. Henry Wellmore, of the Confederate Army, was sent here by Major-General Banks, arriving the morning after the state prisoners were sent to Fort Lafayette. He is desirous of being released on his parole of honor not to serve against the United States during the war unless sooner exchanged. He mentioned to me in a conversation I have just had with him the reason why he did not wish to be discharged on parole while he was with General Banks He has never been in the Army of the United States and I recommend his release on the usual conditions. In that case I should be glad to receive the form of parole to be used. I find two or three here all varying from each other, and none administered to military prisoners.

I am, very respectfully, yours,

JOHN A. DIX, Major-General,. Commanding.

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HEADQUARTERS DEPARTMENT OF NORTHEAST VIRGINIA, Arlington, August 1, 1861.

General J. E. JOHNSTON, Commanding at Manassas, Va.

GENERAL: I have to acknowledge the receipt of your letter of the 31st ultimo by flag of truce. You state information has been given you that two of your soldiers whilst upon picket duty were hung near Centerville on the night of the 17th of July. This is certainly utterly without foundation, and should be classed with those rumors and accusations made against you as well as against me by people with overheated imaginations. It has as little truth as the charge generally believed here that you fired on our hospital knowing it to be such, and that your troops bayoneted all our wounded who fell into their hands, a charge I have not hesitated even against most positive direct evidence to put down as false.

I have never heard of the hanging of any man by the troops under my command and am confident not one has been hung. At the time you state, the evening of the l7th, we were not in possession of Centerville. All of your men who have fallen into my hands have been treated with every consideration of which their position admitted.

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

IRVIN MCDOWELL, Brigadier-General, Commanding.

{p.25}

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AUGUST 7 1861.

By the fifty-seventh article of the act of Congress entitled “An act for establishing rules and articles for the government of the Armies of the United States,” approved April 10, 1806-

It is therefore-

Ordered, That all correspondence and communication verbally or by writing, printing or telegraphing respecting operations of the Army or military movements on land or water or respecting the troops, camps, arsenals, intrenchments or military affairs within the several military districts, by which intelligence shall be directly or indirectly given to the enemy without the authority and sanction of the major-general in command, be and the same are absolutely prohibited, and from and after the date of this order persons violating the same will be proceeded against under the fifty-seventh article of war.

Approved:

A. LINCOLN.

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CHEAT MOUNTAIN PASS, August 7, 1861.

General ROSECRANS, Clarksburg:

This p.m. an officer bearing a flag of truce presented himself at the picket beyond Wagner’s camp. Not wishing him to come nearer than two miles even to see the valley I rode out and with several officers met him. He proved to be Major Lee and delivered the following:

To which I replied as follows:

And Major Lee was then conducted beyond our pickets without having been nearer our camp than two miles and a half. They propose to exchange Manassas prisoners for Rich Mountain paroled men. Now, first, is this action on my part approved; and secondly, can it be effected here? I have sent to Colonel Bosley for his list which I think is very defective. Shall our prisoners from Manassas be brought to us, {p.26} or request them sent somewhere else? General Lee seems not very far off but did not learn where. Our scouts brought in six prisoners this evening.

J. J. REYNOLDS, Brigadier-General.

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HEADQUARTERS FIRST BRIGADE, August 9, 1861.

Maj. Gen. H. E. LEE.

SIR: Our recent correspondence on the subject of an exchange of prisoners has been referred to the general commanding this department and the following are his instructions:

The list above referred to I supposed had been retained at Beverly but I find such not to be the case, the list being of a very small portion of the paroled prisoners. I have taken steps, however, to obtain the complete list, and will have it in a few days in case any further negotiations should take place on this subject. You have in your possession two citizens who strayed from my camp and were taken by your pickets. I have some persons detained under like circumstances and would be glad to exchange them by conveying two of these persons to our outer pickets.

Very respectfully,

J. J. REYNOLDS, Brigadier-General.

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John W. Dearing, Michael Dillon, Richard M. Harvey, August Peyrusset, Henry Mills, Austin C. Williams, John M. Morgan, John Cunningham, William H. Hazelhurst, John Mark, Henry A. Run, C. H. Marriott, Richard Lewis, John H. Edwards, John G. S. Tucket, A. C. Delahay, William Perry, Charles Campbell, Robert Barret Edward Flynn, Daniel Courtney, George Hawkins, Richard R. Jeffries, George S. Harrison, Hugh Monagrow, John Mallings, George II. Roberts, Edward Murphy, Thomas Woods, George Sawden and John Cronin. The above named were of the crew of the rebel privateer Petrel, captured by the U. S. frigate Saint Lawrence and brought into the port of Philadelphia August 8, 1861. They were taken to Fort Lafayette February 5, 1862, where they were transferred to the charge of the War Department February 15, 1862.-From Record Book “Arrests for Disloyalty,” State Department.

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ALBUQUERQUE [N. MEX.], August 20, 1861.

Col. E. H. S. CANBY, Commanding Department of New Mexico, Santa Fé, N. Mex.

COLONEL: I have the honor herewith to transmit through your headquarters the paroles of honor of Lieutenants McNally and Cressey, and {p.27} of myself, of the Mounted Rifles, as given at Las Cruces, N. Mex., August 1, 1861, for forwarding to the honorable Secretary of War.

I am, very respectfully, your obedient servant,

ALFRED GIBBS, Captain Rifles, Commanding Squadron.

[First indorsement.]

Respectfully forwarded.

E H. S. CANBY, Colonel Nineteenth Infantry, Commanding.

[Inclosure.]

LAS CRUCES, TERRITORY OF ARIZONA.

I, Alfred Gibbs, captain U. S. Rifles of the Army of the United States, do hereby pledge my word of honor as an officer and gentleman that I will not bear arms or act under my commission as an officer against the Confederate States of America, or in any manner directly or indirectly against the said Confederate States in a belligerent capacity until the present war ceases and peace is concluded between the Confederate States and the Federal Government, or until I am released by the Secretary of War of the Confederate States or exchanged by said Government of the Confederate States for prisoners of rank held by the Federal Government that may be agreed upon between the Secretary of War of the Confederate States and of the Federal Government.

Given under my hand as an officer of the Federal Government, Las Cruces, this 31st day of July, A. D. 1861.

ALFRED GIBBS, Captain Rifles, U. S. Army.

Attest:

JOHN H. BAYLOR, Lieutenant-Colonel, Commanding Mounted Rifles.

[Similar paroles inclosed from Lieuts. C. H. McNally and E. P. Cressey.]

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FORT MCHENRY, August 22, 1861.

Hon. S. CAMERON, Secretary of War:

The twenty-three prisoners sent on by Governor Dennison from Columbus are here. Shall I send them this evening to Fort Monroe agreeably to your dispatch of the 18th instant to Governor Dennison? An immediate answer will be necessary if they leave this evening.

JOHN A. DIX, Major-General.

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HEADQUARTERS DEPARTMENT OF PENNSYLVANIA, Baltimore, Md., August 22, 1861.

Maj. Gen. JOHN E. WOOL.

GENERAL: I inclose a copy of a letter* addressed to me by the Governor of the State of Ohio. The twenty-three prisoners of war on parole were brought here by Captain Way who will report to you with them. I have no instructions in regard to them beyond the inclosed {p.28} copy of Governor Dennison’s letter except the following dispatch from the War Department just received in reply to an inquiry from me as to the disposition to be made of them:

I am, general, very respectfully, yours,

JOHN A. DIX, Major-General, Commanding.

* Not found.

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U. S. STEAMER MINNESOTA, Hampton Roads, August 23, 1861.

Lieut. Col. MARTIN BURKE, Commanding at Fort Hamilton, New York Harbor.

SIR: By dispatch from the Navy Department dated August 21, 1861, I am informed “the War Department has consented to take charge of prisoners coming into possession of the naval authorities” and I am directed to send any I may have to Lieut. Col. Martin Burke, commanding as above. In conformity therewith I send to New York in charge of Acting Master R. O. Patterson, U. S. Navy, nine prisoners, viz, five, George C. Gladden, John H. Marshall, J. P. M. Calvo, Charles Forrester, and John Gonzales, who belonged to the Southern pirate Dixie, and four, Patrick McCarty, John Williams, Archibald Wilson and James Riley, who belonged to the Southern pirate York. The last, J. Riley, is a deserter from the U. S. Marine Corps. He was a sergeant and deserted at Norfolk some year or so past.

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer.

Lieut. Col. M. BURKE:

I have received the above-named prisoners.

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

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HEADQUARTERS OF THE FORCES, Norfolk, August 27, 1861.

Maj. Gen. B. F. BUTLER, or OFFICER COMMANDING DEPARTMENT, &C.

SIR: As the steamer by which I forwarded some seamen and others to Hampton Roads last evening has not returned I fear she has broken down or some accident happened to her. I send a boat down to assist under a flag, and remain,

Very respectfully, your obedient servant,

BENJAMIN HUGER, Brigadier-General, Commanding.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C, Fort Monroe, Va., August 27, 1861.

Brigadier-General HUGER, Commanding, Norfolk, Va.

SIR: I send to your care by the vessel that brought from you to Commodore Stringham a flag of truce twenty-three prisoners on parole and {p.29} ten ladies, residents of Southern States. I have this moment received your communication of this date. The detention of your flag of truce was on account of the prisoners on parole, not finding it convenient to send them by boat last evening, and besides it was addressed to Commodore Stringham instead of myself, and consequently did not reach me as soon as it ought.

Very respectfully, your obedient servant,

C. C. CHURCHILL, Captain Third Artillery, Acting Assistant Adjutant-General.

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OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, No. 59 William Street, New York, August 27, 1861.

Mr. GROVE.

DEAR SIR: May I trouble you to cause my letter* for Hon. R. M. T. Hunter to be transmitted? It relates to the case of the privateers and their trial. Also I send another letter Please tell my messenger how much money to leave with you for postage, &c.

Yours, truly,

A. S. SULLIVAN.

* This letter and its inclosures, addressed to Hunter and Benjamin by Sullivan and Larocque, were never delivered, having been seized by agents of the State Department on the premises of Grove. See case of Grove, p. 635, and case of Sullivan, p 682, Vol. II, this Series.

[Inclosure No. 1.]

OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, No. 59 William Street, New York, August 23, 1861.

Hon. B. M. T. HUNTER, Secretary of State, Confederate States of America.

DEAR SIR: In connection with Mr. Larocque, of this city (who is counsel for Mr. Harleston, one of the captured officers of the privateer Savannah), I write with a view to obtain documents which are requisite for the defense of the captain and crew of that privateer. My correspondence heretofore has been through J. Randolph Tucker, esq., of your city, on this subject, and through him I have received the communication from Mr. Toombs.

Since the indictment of said privateers in the U. S. circuit court for this district for piracy I have written two letters to Mr. Tucker, inclosing a copy of the indictment and specifying certain documents which will be needed at the trial in order to properly raise the real questions of defense. I have received no reply which does not surprise me, for even if Mr. Tucker shall not have been absent on professional or martial affairs communication is so indirect and letters are so often seized that my or his letters may have miscarried.

The court set down the case of privateers for trial early in October next. If in the meantime the United States Government shall not have concluded to exchange prisoners and thus release the defendants here we wish to be ready for trial. Captain Baker and his co-defendants desire it. We desire to present fairly for adjudication by the court (Judge Nelson and District Judge Shipman will preside) the questions, What is the legal status of the Confederate States? Were they not a government entitled to belligerent rights? Were the defendants who were citizens of South Carolina and of the Confederate States amenable to the laws of the United States as citizens thereof &c.? with {p.30} cognate questions. You will perceive therefore that we need the papers duly certified which we specify in the inclosed memorandum. The prisoners have been made happy by the interposition already made by the Government of the Confederate States on their behalf, and they trust that you will at once cause the documents to be obtained and forwarded to me at New York so that their defense may be fully made.

There are defenses upon which we have some reliance which are other than on the legal merits above indicated, but I desire and so do my clients not to evade the high ground that the Confederate States are sovereign and that her citizens are not citizens of the United States. There are captured privateers from other vessels than the Savannah in the Tombs but the grand jury adjourned without finding an indictment against them, as I have previously informed you, I know not for what reason unless that the Government is seriously entertaining the purpose to exchange prisoners. The great injury done to the U. S. commerce by the privateers has deeply exasperated those interested in the shipping and the Government is influenced thereby.

Respectfully,

ALGERNON S. SULLIVAN.

[Sub-inclosure.]

The United States vs. Baker, Harleston, et al.

Documents wanted:

1. Certified copy of the secession ordinance of South Carolina and if possible of the other Confederate States.

2. Certified copy of the Provisional Constitution of the Confederate States of America.

3. The ratifying act of South Carolina and of the other States.

4. The permanent Constitution and ratifications.

5. The act recognizing the existence of war and authorizing letters of marque.

6. The President’s proclamation in reference thereto.

7. Evidence in your office that Baker complied with the terms and took out a letter of marque, and a copy of the same.

8. A copy of the act fixing upon the seal of Confederate States of America, and I wish some citizen of Virginia who has seen the seal used and impressed could be present at the trial to verify it.

9. The act creating the prize court which condemned the Joseph in Charleston.

10. Exemplified copy of the record of the prize court in the case of the Joseph.

[Inclosure No. 2.]

NEW YORK, August 23, 1861.

Hon. J. P. BENJAMIN.

MY DEAR SIR: In conjunction with my friend Algernon S. Sullivan, esq., I have addressed a few lines to your colleague, Mr. Hunter, urging the supplying us with documents necessary to the defense of the officers and crew of the Savannah whose trial is fixed for October next. Will you please look at Mr. Sullivan’s and my own letter to Mr. Hunter which go by the same conveyance with this and co-operate with him in taking the necessary measures to supply what we need?

Respectfully and truly, yours,

JER. LAROCQUE.

{p.31}

[Sub-inclosure.]

NEW YORK, August 23, 1861.

Hon. R. M. T. HUNTER.

SIR: I am requested by my friend Mr. Sullivan to add a few words in support of his request. In addition to the reasons which he has urged, under the laws of the United States themselves the acts charged in the indictment in my judgment are not piracy if done under a commission from one or more of the States of the Union, and the documents asked for are therefore all-important for the purpose of showing that the commission was issued by authority emanating from the State of South Carolina and other States whether in or out of the Union. I would add to Mr. Sullivan’s list of papers an exemplified copy of the record of the prize court which condemned the Joseph (the savannah’s prize) in Charleston. The State records can all be certified under the act of Congress of the United States so as to make them evidence in its courts. The acts of the Confederate States should be exemplified and compared with the original records by some one who would be prepared to come on personally as a witness under a sale conduct, and whose name should be furnished to us as soon as practicable in order that the necessary safe conduct may be procured. The record of the prize court in Charleston should be compared in the same manner, and the name of a witness from there to prove it be furnished in like manner. We should also have a copy of the act under which the prize court is organized compared and ready to be proved in the same manner. I consider all these things of the most vital importance to a successful defense.

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

JER. LAROCQUE.

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GENERAL ORDERS, No. 69.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, August 28, 1861.

...

II. All enlisted men in the volunteer service who have been taken prisoners by the enemy and released on parole will be discharged from the service.

By order:

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NEW MEXICO, Santa Fé, N. Mex., August 28, 1861.

Capt. A. GIBBS, Mounted Rifles, Commanding Detachment en route to Fort Leavenworth, Kans., and Capt. J. H. POTTER, Seventh Infantry, Commanding Detachment en route for Fort Leavenworth, Kans.

SIR: The colonel commanding directs that when the necessary arrangements are completed that you march with your command to Font Leavenworth via Forts Wise and Larned, if the circumstances of the country will permit your taking the direct route. If upon your arrival at Fort Wise you should be advised that your command would be liable to interruptions on the usual route the colonel commanding desires that you will move from Fort Wise in the direction of the Smoky Hill Fork of the Kansas and down that stream to Fort Riley; or if considered safe that you go direct to Fort Kearny, taking at Fort Wise subsistence to last your command to either of those posts.

{p.32}

The Quartermaster’s Department will be instructed to furnish you with guides who know the country beyond Fort Wise and will be able to conduct you by the route you may determine upon as most expedient. Your command will be armed for defense against the Indians, for the protection of the public property in your charge and against aggression from marauding parties of any class.

The obligations of the parole given by the officers and men of your command apply only to the Confederate States and are not imperative so far as any marauding parties or bodies of men not forming a part of the Confederate Army are concerned. The obligations of the parole are equally binding upon the parties to whom it was given, and any attempt to molest your command while on the march and conforming to the stipulations of the parole should be resisted and the assailants regarded and treated as enemies. The colonel commanding directs that the most exact discipline be observed in your command and that the non-commissioned officers and men should understand that their present condition so far from relaxing imposes upon them additional obligations of obedience, good order and discipline.

Very respectfully, sir, your obedient servant,

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

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Indorsement on letter from Governor W. Dennison, Columbus, Ohio, August 24, 1861, to Hon. S. Cameron, Secretary of War, asking instructions in relation to supplying prisoners with clothing.

AUGUST 29, 1861.

Respectfully returned. I repeat the recommendation formerly given by this office to purchase or remit one of the islands at the west end of Lake Erie for a depot of prisoners, and to appoint a commissary of prisoners to take charge of them. Paragraph 727 of the Army Regulations provides-

No conventions having been made with the enemy the prisoners are entitled to no other allowances than one ration each per day. If they need clothing they should be placed where they can earn it by their labor. All this requires the care and supervision of a special officer and a proper place of detention.

M. C. MEIGS, Quartermaster-General.

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OFF HATTERAS INLET U. S. Flag-Ship Minnesota, August 29, A. D. 1861.

Articles of capitulation between Flag-Officer Stringham, commanding the Atlantic Blockading Squadron, and Benjamin F. Butler, major-general, U. S. Army, commanding, on behalf of the United States Government, and Samuel Barron, commanding the naval forces of the defense of North Carolina and Virginia, and Colonel Martin, commanding the forces, and Major Andrews, commanding the same forces, at Fort Hatteras.

It is stipulated and agreed between the contracting parties that the forces under the command of the said Barron, Martin and Andrews {p.33} and all munitions of war, arms, men and property under the command of said Barron, Martin and Andrews be unconditionally surrendered to the Government of the United States in terms of full capitulation.

And it is stipulated and agreed by the contracting parties on the part of the United States Government that the officers and men shall receive the treatment due to prisoners of war.

In witness whereof we, the said Stringham and Butler, on behalf of the United States, and the, said Barron, Martin and Andrews, representing the forces at Hatteras Inlet, hereunto interchangeably set our hands this 29th day of August, 1861, and of the Independence of the United States the eighty-fifth year.

S. H. STRINGHAM, Flag-Officer Atlantic Blockading Squadron. BENJ. F. BUTLER, Major-General, U. S. Army, Commanding. S. BARRON, Flag-Officer, C. S. Navy, Comdg. Naval Defenses Va. and N. C. WM. F. MARTIN, Colonel, Seventh Regiment Infantry, N. U. Vols. W. S. G. ANDREWS, Major, Commanding Forts Hatteras and Clark.

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[AUGUST 29, 1861.-For reports, correspondence, &c., relating to the capture of Forts Clark and Hatteras, Hatteras Inlet, N. C., see Series I, Vol. IV, p. 579 et seq.]

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[AUGUST 30, 1861.-For the Pillow-Wallace agreement to exchange prisoners, see Vol. I, this Series, pp. 504-510.]

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U. S. FLAG-SHIP MINNESOTA, New York Harbor, September 2, 1861.

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

SIR: I have the honor to inform you that I have now on board the Minnesota about 678 prisoners, officers and men, captured in arms against the United States Government at Forts Clark and Hatteras, Hatteras Inlet, N. C., on the 29th day of August, A. D. 1861. Will you please inform me at what point I shall land them and deliver them into your charge for further safe-keeping?

Respectfully, your obedient servant,

S. H. STRINGHAM, Flag-Officer Atlantic Blockading Squadron.

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FORT UNION, N. MEX., September 2, 1861.

Reverend Doctor CRESSEY, Stapleton, Staten Island, N. Y.

DEAR FATHER: It has been a long time since I received a letter from home but the reason is I think plain. I have been on the move for the last two months. I am here on my way to the States as a prisoner of war. I have been captured by the troops from Texas. Maj. I. {p.34} Lynde, Seventh Infantry, in the most cowardly and disgraceful manner gave up his command consisting of ten companies of regular troops to less than 400 of the enemy. I suppose you must have seen in the papers an account of this. I can’t describe the whole affair to you now; I have been forced to talk so much about it that I am perfectly disgusted with everything connected with the whole affair. In all the whole affair I have come out all right. As commander of a squadron of rifles I have gained a reputation among our own officers. The affair at Mesilla which was the first thing we were engaged in was my first experience of civilized warfare. Three men were killed dead and about six wounded in their first volley. Our officer was wounded, and the command of the squadron devolved on me. I was picked out to be shot but they did not hit me. They killed a horse just behind me. I will be at Leavenworth by the middle of October. I don’t know what will be done with us. If you have any influence at Washington try and have me exchanged. I am anxious to be free and redeem myself from the disgrace thrown on us all by that infernal coward Lynde.

Your affectionate son,

EDWD. P. CRESSEY.

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FORT COLUMBUS, September 4, 1861.

ADJUTANT-GENERAL OF THE ARMY, Washington, D. C.

GENERAL: I have received the whole of the prisoners of war upon this island. The officers are quartered in Fort Columbus and the men at the Castle. Will I be justified in allowing the officers the liberty of the island upon their parole? What shall be the tenor of their confinement? I request an early answer.

Very respectfully, your obedient servant,

G. LOOMIS, Colonel Fifth Infantry, Commanding.

[Indorsement.]

Respectfully referred to the General-in-Chief. The Secretary of War is of opinion that the prisoners, officers, at Fort Columbus might have the privilege of taking exercise on Governor’s Island during the day or part of the day on giving their word of honor not to attempt to escape.

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., September 4, 1861.

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

GENERAL: I received your communication of the 3d* instant by a flag of truce and acknowledged it, but the vessel which brought it left here before my letter reached her. The twenty-five prisoners and a British subject, who came not prisoner with the flag, were received and forwarded to the interior. To-day I send by a flag of truce to your courtesy the Right Reverend Catholic Bishop Verot, of Georgia, accompanied by his priest and deacon and three children and three ladies.

I am, with respectful consideration, your obedient servant,

JOHN E. WOOL, Major-General.

* Not found.

{p.35}

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HEADQUARTERS OF THE ARMY, Washington, September 9, 1861.

Col. G. LOOMIS, U. S. Army, Commanding Governor’s island, New York.

SIR: Your two letters of the 4th instant in relation to the prisoners of war in your charge have been received.

The General-in-Chief approves the liberty given the officers on their parole. He thinks well of their being permitted to receive sums of money and comforts but does not assent to their being visited by friends. Correspondence with them must be conducted through you and under your inspection.

The subject of issue of blankets to the prisoners will be referred to the Department.

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

E. D. TOWNSEND, Assistant Adjutant-General.

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SUPERINTENDENT OF THE METROPOLITAN POLICE, New York, September 10, 1861.

Hon. WILLIAM H. SEWARD.

DEAR SIR: I inclose herewith five letters found at the office of Mr. A. S. Sullivan, 59 William street, at the time of his arrest. I suppose those addressed to Charleston may possibly be important. The other two do not seem so. ...

Very truly, yours,

JOHN A. KENNEDY, Superintendent.

[Inclosure No. 1.]

TOMBS, New York, July 10, 1861.

MY DEAR TEDDY: I have written three letters home since I have been here besides this; one to you just the other day, but have not had a word from any one. I would not write so soon again but expect to have a good chance for this to go, so write fearing that the others may have been stopped. I think it strange that I can’t hear from any of you. Many people here get letters from Charleston and yet none of our party can get any. I have not heard a word about any of you or seen a Southern paper, and I am anxious and worried because I can’t hear. I hope some of you have written, and if you have not will do so soon. I will again give you the direction. Direct all letters for me to Bowdoin, Larocque & Barlow, No. 91 Merchants’ Exchange.

Yesterday we were again carried before the commissioner and our examination was again put off. The U. S. district attorney is not ready. It is put off until the l7th, so we will have been in here nearly a month without even an examination. The fact is now they have got us they don’t know what to do with us, and they want to delay everything and put things off in hopes that the war will end and they can let us go, and in the meantime they keep us locked up in this infernal place. There is no probability that we will be tried before next September so we will have to make the best of it here until this comes to an end.

Our Government might benefit us a little I think by taking the same number of prisoners as we are, sending them to Charleston and locking them up in cells as we are, making them in fact answerable for us in every way. Let their treatment be governed by ours; give them the {p.36} means of writing to their friends and let them know for what purpose they are placed in that situation and I think it will bring the people here to their senses, particularly if the prisoners to answer for us are men of standing and from New York. I think you had better get some one to see Governor P[ickens] and propose this. Our authorities may have taken some measures of this sort I write this supposing they have taken none.

I am still quite well and in good spirits. It is very hot here now. It is pretty close in our cell but not as much so as I expected for the walls are so thick the heat cant get through. We have got our cell well cleaned out now; have got rid of the vermin and are just as comfortable as we can be in here. This close confinement is bad. I am afraid when I get out (if ever I do) that I won’t be able to walk. My legs are very stiff and ache me at the knees, for we have no chance to walk here; otherwise I feel first rate. Friends send me plenty of cigars and books. Yesterday Miss Sabina W- came to see me and brought me some raspberries. She comes regularly every week. Doctor Thomas also came to see me yesterday; E. C-y comes regularly every week, sometimes twice, Mr. A. and many others. All treat me with the utmost kindness, so I have everything to keep me in good spirits and to help me to pass the time. In fact I have never felt downhearted yet, and I feel certain now that these Black Republicans can’t scare me. If I could only hear from [you] that you are all well and going on as usual I would be satisfied. I assure you I feel for you all-your anxiety about me and the reports you must have heard-much more than I do about myself.

When you write tell me when you first heard of our capture and what you did hear, and tell me all about the brig Joseph. Do tell Bancroft that I hope the private property of the captain will be taken care of so he can get it. We promised him that, and we were allowed to take all our clothes so he should be allowed but the same. All our arms were taken. Captain L’s old Toledo I threw overboard. I would not surrender it up to the lieutenant who came on board of us. The more I think of it the bigger fool I think I am for going with such a worthless set of men from first to last. We ought never to have been captured but it is too late now. If ever I get home I will speak out. Not until then. Remember me to all my friends. Tell F. D. to write to me. Give my best love to papa, mamma and all the girls. I am quite well and hope we will give the Yankees h-l yet. All of our party are quite well. I had a chance of seeing them all in court yesterday. It is a piping hot day here. Let me hear from some of you soon. I will write again next week. Tell all not to worry about me. There is no danger of their hanging us.

Remember me to all friends, and with my best love to you, I am, yours, truly,

J. H[ARLESTON].

[Inclosure No. 2.]

Letter from Captain Baker, one of the officers of the privateer Savannah, intercepted on person of A. S. Sullivan.

TOMBS, New York, July 10, 1861.

DEAR FRANK: I wrote to you some days ago and gave my letter to Reverend Doctor Cummings to post for me. I hope ere this you have received it. We have not had an examination yet. We have been up three or four times but each time the examination was postponed. To-day {p.37} week we go up again when if the prosecution are not ready my counsel will insist upon an examination or discharge. At all events the trial will not come off before the October term and the summer months will be passed within the close walls of the Tombs. It is certainly rather a dreary prospect but I can stand it. I have occasional visits from Doctor C., Father Duranquet and Father Wood, and the Sisters come twice a week. They are all very kind. To-day I expect to see one of the Sisters who is from Charleston; she sent word she would come to-day. She knows you. I have not heard her name; in fact I did not think of inquiring. John Rice called on me yesterday and handed me a few lines from Nick and Siss. They were all well. Nick has been in twice to see me. I have quite a number of friends here who visit me occasionally. I am well supplied with books and the daily papers, and with reading and writing manage to get through the long days very well. Our cell is quite small, little less than eight feet long by five and a half wide, so that we have no room at all for exercise. The only chance at all to stretch the legs is when I am called down to see my counsel which is not often. I have nothing to complain of but the close confinement, and I think after we have been here some time I can get the privilege of a little exercise in the yard of the prison. I get very good board for about $1 per day or a little over, having my meals just as I order them, and I have my own cot and bedding and have the satisfaction when I turn in of feeling that the bugs and vermin will not turn me out. When we first came here and were put into this cell the very appearance of it was enough to sicken a man, but after being annoyed by bugs, lice and roaches, &c., for five days, we obtained permission to have our own bedding brought in; so we had the place scrubbed and whitewashed, everything moved out, and procured a couple of camp cots that we can stow in a corner in daytime, a little out of our way, and now we are fixed as comfortable as can be in such a place as this. With money a person can get along pretty well. Without it it is horrible. The prison fare as I have seen it pass my cell door looks not fit to be eaten.

I expect Nick in again in a few days. I have first-rate counsel and no doubt they will do their best. I got some money from Nick when he was on. As soon as I can learn of the sale of the prize and cargo in Charleston and can form some estimate of what will be due me I will be able to arrange in some way to obtain some money here. I trust this will find you all well and in good spirits, as I am. My health is very good and I think I will be able to get through the warm weather. It is cooler in the cells than it is outside as the walls are thick and we have good ventilation.

Harleston is very well; Passailaigue also and in very good spirits. Doctor C. sees them every time he calls. He was here yesterday. I can assure you his visits are a great treat. When you write inclose your letter to J. W. Rice, 126 Chambers street, New York, post-office box 3149, and I will get it as soon as it arrives. He is very attentive, and it is a great convenience to me to be able to send and receive letters without their being handled by the persons employed about the prison.

Give my love to my dear father and all the rest, and believe me ever, Your affectionate brother,

TOM.

l2th.-Have not been able to post this as Rice has gone out of town. Nothing new; all well. I see Congress has passed the $400,000,000 appropriation bill. They will find it very difficult to raise the money. There is a strong undercurrent at work which I think will soon make {p.38} its way to the surface and rather prove a check to some of Abe’s unconstitutional moves. The war is becoming very unpopular among the people of the North. Great distress is anticipated among the laboring and poor classes the coming winter. God help them, for Abe won’t. I have just had a visit from Mr. Nivens, of N. S. & Co. He says the war has pretty nearly closed up his business. John Harleston had the pleasure of receiving a few lines from his brother, dated July 3, in Charleston. I suppose it came a roundabout way. I received a few lines from Aunt Kate dated 11th. All well.

[Inclosure No. 3.]

TOMBS, New York, July 18, 1861.

DEAR FRANK: I have been expecting to hear from you but up to the present time I have not heard anything at all from Charleston. John Rice brought me a file of Mercurys of dates from 4th June to 28, and I can assure you it was quite a treat to get them. I understand the sister of Father O’Neill and Miss M. Cunningham will leave here this week for Charleston. I may have an opportunity to write by them. We are all well here and in good spirits. I do not think if we are convicted that we will be punished otherwise than by imprisonment. The grand jury have indicted us for piracy and yesterday we were taken before the U. S. circuit court for arraignment, but as our counsel had not seen a copy of the indictment for examination they asked for time and we were remanded to be arraigned next week on Tuesday.

I have not seen Doctor Cummings for some days. I imagine he is out of town. Reverend Father Duranquet visits the prison twice a week. He is a Frenchman and very pleasant. The Sisters of Mercy visit the prisoners once a week. Yesterday I had the pleasure of seeing one of your friends from Charleston, Sister Mary Paul. She has been here three years. When she heard of my imprisonment she at first thought it was you, as she did not know any other Captain Baker in Charleston, and yet she thought it could not be, as you were too mild to engage in such warlike adventures. She is a very pleasant lady and very friendly. You can see that though closely confined I am not without friends. I feel the want of exercise very much, particularly in my legs. Apart from that my health is first rate.

We are in daily anticipation of the news of a great battle between General McDowell’s corps d’armée of 55,000 men and our gallant Beauregard with his little army of patriots. McD. yesterday was at Fairfax. I pray that God will assist our cause. I feel confident that we must triumph in the end.

There was great excitement here when the news was received of Coxetter’s being off the coast in the Jeff. Davis. Several vessels were immediately sent out in pursuit of him. I hope that he was well out of their way before they left here. The next news was of Semmes in the Sumter. The folks here were actually frightened. I should not be surprised if they blockade their own ports for fear the “bold privateers” may come in and take vessels from the wharves. The little Savannah is fitting out at the Brooklyn Navy-Yard. They are putting a new foremast in her and I believe intend her for a supply vessel or tender. I hope some of our boys may catch sight of her [in] Southern waters and take her into Charleston. I have not heard from the Philadelphia folks for some days, but expect Nick on. They were all well when last heard from. Captain Peck paid me a visit yesterday. He is a rabid Lincoln man. Give my love to all, and believe me ever,

Your affectionate brother,

TOM.

{p.39}

I inclose some newspaper slips which you may find interesting. I hope this will find you all well. Do not be anxious about me. I am as comfortable as can be, and trust that all will be well. I will write you as often as I have anything new.

[Sub-inclosure-newspaper clipping.]

THE TRIAL OF THE PRIVATEERSMEN.

At 3 o’clock yesterday the case came up again at the Tombs. The counsel for the defense and prosecution pending the opening of the case amused themselves by cracking jokes over the recent failure of the Columbia County panel of jurors and in splitting hairs over the laws of treason and piracy. After consultation the case was adjourned over to Wednesday next at 3 p.m., neither the defense nor the prosecution caring to press the matter in view of the certainty of indictment.

It is expected that the indictment will be presented by the grand jury on Monday, in which case the prisoners will be duly arraigned, held on the indictment and regularly tried. This will obviate the necessity for any more action before Commissioner Henry. The probability is expressed by the prosecution that in view of the difficulty in finding a judge and jury to try the case during the approaching hot season it will go over until September.

All the prisoners, seventeen in number, were brought into court yesterday, all except the captain and first officer being manacled.

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HEADQUARTERS FORT COLUMBUS, September 10, 1861.

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

COLONEL: If not prohibited I propose: First, to issue such articles of clothing to the prisoners of war as will make them comfortable; second, to restrict the officers to certain limits on their parole; third, to confine the men to Castle William, and a short limit outside the castle at certain hours of the day for exercise; fourth, to let their friends and well-wishers in New York City, &c., send them little articles for use and comfort and convenience, of course under inspection; fifth, to restrict personal intercourse with them from all except on important business, to be judged of by the commanding officer; sixth, not to allow more than $20 cash to be sent to one man (a prisoner) and all money sent to be reported to the commanding officer; seventh, to allow Mr. Kendall the sutler of this post, to supply them such little necessaries as they may desire and he to send them; eighth, to allow open letters to pass between the prisoners and their friends and those tradespeople desiring to furnish them at their (the prisoners’) expense, of course with the understanding that all such as shall contain objectionable matter are to be rejected.

Respectfully submitted.

G. LOOMIS, Colonel Fifth Infantry, Commanding.

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HEADQUARTERS, Saint Louis, September 13, 1861.

Brig. Gen. J. A. MCCLERNAND, Cairo:

I want no prisoner delivered up without special orders from me.

J. C. FRÉMONT, Major-General, Commanding.

{p.40}

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CAMP CHASE, NEAR COLUMBUS, OHIO, September 13, 1861.

Judge KEY.

DEAR SIR: The undersigned, made prisoners of war at Rich Mountain and Laurel Hill on the 11th and 12th of July last and having been by order of General Scott released after giving our parole of honor to yourself and Major Dennison, would respectfully represent that having remained in Beverly at your request and trusting in your assurance that we would be sent home as soon as the sick and wounded under our care were well enough to travel, we have been brought here and put in prison in disregard of said parole, which was faithfully observed on our part. Colonel Bosley, commanding at Beverly, and the other officers there will testify to our good behavior during the eight weeks that we remained there on parole. The sick and wounded under our care (who also gave you their parole on the 16th of July, as your books will testify) recovered sufficiently to travel and got their discharge from the hospital. Some of these left Beverly several weeks ago under the care of our surgeons and as we hear were sent home according to your promise. The rest of them whom we remained behind to nurse have also been brought here and put in prison with us. Our party left Beverly under a military guard last Sunday the 8th instant. We were all assured then by Colonel Bosley that we were to be sent home just as the party that preceded us. At Grafton we were told by General Kelley and Adjutant Hawkes that we would be sent home immediately by way of Old Point and Norfolk. We came here still on parole attended by Lieutenant Delaney without a guard, and not until yesterday morning, when we were confined in this place, did we learn that our captors were acting in bad faith toward us or else that we had been misrepresented to them.

We do not write you this to tell you of our disappointment or to make you responsible for it. Some of our sick and wounded we believe would never have recovered if this hope of being sent home had not been held out to them, and two of them seem to be sinking under their present disappointment. But we appeal to you as a man of honor to redeem your promise to us to use your influence with those in authority over us for our release from confinement and return home. We are not dangerous characters. Our conduct for the last nine weeks as well as our present circumstances will prove this. We religiously respected our parole and will do so when we get home. We will regard ourselves as prisoners there as truly as we are here.

We are fourteen in number; seven were severely wounded, four of whom are still very feeble; three are just recovering from severe spells of typhoid fever and four have been and still are nurses as above represented.

Believing that you will not suffer us to remain here long to regret that we trusted the word of Judge Key and of General McClellan, and that it is now without your knowledge or consent that we are confined here,

We remain, respectfully,

H. D. CROCKETT, Company D, Twentieth Regt. Virginia Vols., Powhatan County. AMOS CURRY, Lee Battery, Lynchburg, Va. THOS. GENTRY, Company G, Twenty-third Regt. Virginia Vols., Louisa County. DAVID COMFORT, Company G, Twentieth Regt. Virginia Vols., Charlotte County.

NOTE.-Nominal list of sick and wounded omitted.

{p.41}

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OFFICE-DISTRICT ATTORNEY OF THE UNITED STATES, New York, September 17, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In undertaking the preparation for trial of the cases of the privateers of the Savannah and of other vessels I need in order to do justice to the public interests involved a capable, industrious associate counsel who can give for a time a large portion of his time in examining with me the authorities and in aiding me generally to present the cases fully and fairly before the court. The unprecedented demands upon the energies of this office may perhaps be properly referred to in making this application. For the work required Mr. Samuel Blatchford is peculiarly qualified. His professional experience and ability are known to you.

I respectfully request that you will authorize me to associate and employ him in the cases of the privateers of the Savannah and of other vessels upon such terms as shall be just and in accordance with the public interests.

Very respectfully, your obedient servant,

E. DELAFIELD SMITH, U. S. District Attorney

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FORT COLUMBUS, N. Y., September 18, 1861.

Colonel LOOMIS, Commanding.

SIR: I regret very much the necessity of applying to you for information as to what privileges we are allowed as prisoners of war, treatment as such having been accorded to us in the articles of capitulation agreed upon by the commanding officers in the surrender of Fort Hatteras. Since our arrival on this island and giving our parole of honor to observe certain conditions therein set forth, Colonel Bradford, myself; my flag lieutenant and now Lieutenant-Colonel Pegram have been supplied by Mr. Kendall with provisions in accordance with your knowledge and approbation, but we are unwilling longer to trespass upon the goodness of Mr. Kendall, and wish to make some suitable arrangement for our future living. We have no one appointed to attend our room-mess, or any other service that may be required of a servant. No one is allowed access to us and we have no means of getting any of the requisites for living. May I ask that you will state whether we can have our marketing made and our meals prepared by one of the women about the garrison and some one selected to attend on us in our rooms? We are perfectly willing to make proper compensation for service rendered, and have no doubt that we can procure the services of some one on the island if permission be granted. The boy whom we engaged some time since was unwilling to remain without the privilege of occasionally visiting the city, and left us when he understood from you that he was to be treated as a prisoner.

Very respectfully, your obedient servant,

S. BARRON, Flag-Officer, C. S. Navy.

[First indorsement.]

FORT COLUMBUS, N. Y., October 13, 1861.

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

COLONEL: I would respectfully refer this communication to headquarters. The first paragraph I cannot answer. In other respects I {p.42} have granted every indulgence that I consistently could. It will be perceived that the writer claims to be flag-officer of C. S. Navy.

G. LOOMIS, Colonel Fifth Infantry, Commanding.

[Second indorsement.]

HEADQUARTERS ARMY, October 19, 1861.

Respectfully forwarded to be submitted to the Adjutant-General to the Secretary of War.

By command of Lieutenant-General Scott:

E. D. TOWNSEND, Assistant Adjutant-General.

[Third indorsement.]

ADJUTANT-GENERAL’S OFFICE, October 19, 1861.

Respectfully forwarded to the Secretary of War.

By order:

J. P. GARESCHÉ. Assistant Adjutant-General.

[Fourth indorsement.]

WAR DEPARTMENT, November 6, 1861.

Respectfully referred to the Secretary of State.

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DEPARTMENT OF STATE, Washington, September 19, 1861.

E. DELAFIELD SMITH, Esq., U. S. Attorney for the Southern District of New York.

SIR: Your letter of the 17th instant representing the necessity for you to have assistance in preparing for trial the cases of the privateer Savannah and others and recommending Samuel Blatchford for that purpose has been received. In reply I have to acquaint you that your representation is concurred in and your selection of Mr. Blatchford approved.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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FORT COLUMBUS, N. Y. Harbor, September 20, 1861.

General L. THOMAS, Adjutant-General, Washington, D. C.

GENERAL: In Special Orders, No. 245, it is ordered:

I would respectfully request to know what are the conditions of the parole of these men who are to report to me for duty?

Very respectfully, your obedient servant,

G. LOOMIS, Colonel Fifth Infantry, Commanding.

{p.43}

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OFFICE DISTRICT ATTORNEY OF THE UNITED STATES, New York, September 21, 1861.

Hon. WILLIAM H. SEWARD.

SIR: I respectfully transmit herewith for the information of the Government a copy of a correspondence between the counsel of the pirates of the Savannah and myself.

With great respect, your obedient servant,

E. DELAFIELD SMITH.

[Inclosure No. 1.]

NEW YORK, September 7, 1861.

E. DELAFIELD SMITH, Esq., U. S. District Attorney for the Southern District of New York.

SIR: In the discharge of our professional duty as counsel for the prisoners taken from the Southern privateer Savannah and now awaiting trial upon an indictment for piracy at the next term of the U. S. circuit court to be held in this city in October next it is incumbent upon us to procure authenticated copies of records of several of the Southern States; of records of a tribunal claiming to be a prize court lately organized at Charleston, S. C., and of records of the so-called Confederate States now on file in Richmond, Va. They are as follows:

1. The acts or ordinances of the several States purporting to repeal and annul their adoption and ratification of the Federal Constitution and to withdraw from the Union.

2. The records of the acts or ordinances appointing delegates to the Congress held at Montgomery.

3. The record of the Provisional Constitution claimed to have been adopted by the so called Confederate States.

4. The records of the acts of the several States adopting this Provisional Constitution.

5. The record of the permanent Constitution.

6. The records of the acts of the several States adopting this permanent Constitution.

7. The record of the act of the Southern Congress recognizing the existence of war with the Federal Government and authorizing the issue of letters of marque and reprisal.

8. The record of the letter of marque granted to the Savannah.

9. The record of the regulations prescribed for vessels carrying letters of marque.

10. The record of the act of the Southern Congress purporting to establish the prize court at Charleston.

11. The record of the prize court of the condemnation of the Joseph, the vessel alleged to have been captured by the Savannah as a prize of war.

12. The record certifying the authority of Jefferson Davis to act in the name of the so-called Confederate States.

So far as the State records are concerned, they can we suppose be authenticated under the laws of the United States in such manner as to make them evidence in its courts. We should rely on such authentication on receiving your assurance that no technical objection would be made to it. As to the records from Richmond and those of the prize court, without an express waiver of all technical objections it would be necessary that a witness should be produced on the trial who would be able to testify that they are accurate copies, to give some {p.44} account of the places of deposit of the originals and to testify as to the genuineness of signatures and seals. Under these circumstances and in view of the recent prohibition of intercourse we are compelled to address ourselves to you for the purpose of requesting that you will unite with us in a proper application to the proper department of the Government that the necessary facilities may be furnished to us for communicating with Richmond in order to obtain the required documents and the necessary safe conducts for the witnesses whose names will be furnished. A consent to the reading of the documents and admitting them to be copies of the originals adopted and deposited as above set forth might obviate the necessity of oral evidence to prove them.

We are, very respectfully, your obedient servants,

DANIEL LORD, Of Counsel for J. Harleston. JER. LAROCQUE, ALGERNON S. SULLIVAN, For Capt. T. H. Baker et al. JAS. T. BRADY, Counsel for Captain Baker.

[Inclosure No. 2.]

NEW YORK, September 12, 1861.

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

DEAR SIR: Permit me in behalf of my colleagues in the case of the United States v. The Officers and Crew of the Savannah and myself to request the favor of a reply to our letter to you of the 7th instant. The time of trial is rapidly approaching, and the measures which we had taken at the earliest practicable moment to procure the documents necessary for the defense have been frustrated by the channels of communication having been since closed which were open at that time. Under these circumstances we take it for granted that you will regard it both as a duty and a pleasure to unite with us in a proper application to the Government for the facilities necessary to procure the requisite testimony, and for the faithful discharge of our duty as counsel.

Respectfully, your obedient servant,

JER. LAROCQUE.

[Inclosure No. 3.]

OFFICE DISTRICT ATTORNEY OF THE UNITED STATES, New York, September 20, 1861.

Messrs. DANIEL LORD, JER. LAROCQUE, ALGERNON S. SULLIVAN and JAMES T. BRADY.

GENTLEMEN: I have considered your letter of the 7th instant and the supplementary letter of Mr. Larocque of the 12th instant in relation to the case of the officers and crew of the Savannah. An extraordinary pressure of public, business has delayed an answer. So far as relates to the manner of authenticating certain documentary proof desired by you and the admissibility or effect of any testimony which you may desire to offer in this case I am satisfied that professional and official duty requires me to leave any questions that may arise to judicial decision. If you require for the sufficient presentation of your clients’ defense aid from the Government other than is by law afforded {p.45} through the ordinary process of the court a direct application from yourselves to the appropriate department or officer will unquestionably receive just consideration. If anything were needed to gain such attention in addition to its concern with so grave a subject your own eminent personal and professional position would supply it.

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

B. DELAFIELD SMITH.

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DEPARTMENT OF STATE, Washington, September 23, 1861.

B. DELAFIELD SMITH Esq., U. S. Attorney for the Southern District of New York.

SIR: Your letter of the 21st instant inclosing correspondence between yourself and the counsel for the pirates of the Savannah has been received. The course pursued by you in these proceedings appears to be judicious and is approved.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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[SEPTEMBER 25, 1861.-For negotiations for exchange of prisoners between Generals Grant and Polk and their subordinates, see Vol. I, this Series, pp. 511-547.]

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FORT COLUMBUS, N. Y., September 29, 1861.

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

COLONEL: There have been two deaths from among the prisoners of war. Doctor Sloan speaks of the unhealthiness of Castle William; he cannot account for it but says there has always been more or less sickness when troops are quartered there. They should be removed before cold weather comes on or prepared for it by some means of warming the portion occupied as quarters, to wit, the second and third tiers.

Very respectfully, your obedient servant,

G. LOOMIS, Colonel Fifth. Infantry, Commanding.

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CASTLE WILLIAM, Governor’s Island, September 30, 1861.

Hon. SIMON CAMERON, Secretary of War of the United States:

The undersigned are orderly sergeants of the companies taken prisoners at the surrender of Fort Hatteras, on the coast of North Carolina, on the 29th ultimo. Our men are now suffering very greatly from disease. To-day 115 of the 630 are confined by disease which threatens to prostrate us all.

In this conflict now being waged between the two sections of our country prisoners have been discharged by both parties, as at Rich Mountain, Springfield and Lexington, upon their parole not to bear arms until released from their obligation. We ask for our men that they may be permitted to return to their homes upon the same pledge. We are assured that a knowledge of our condition would incline you {p.46} favorably to consider this application. The officer having the care of us, Lieutenant Casey, of this post, has been active in kindness to us, but the want of room and the presence of contagious diseases among us unused as we are to this climate defy all his efforts to protect us against its force. Four of our men have died within the past five days and many others are dangerously ill.

ANDREW NORMAN, Actg. Orderly Sergt. of Company F, Seventh Regt. Infantry, North Carolina Volunteers. [And 635 men.]

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HEADQUARTERS, Kansas City, September 30, 1861.

ASSISTANT ADJUTANT-GENERAL, Headquarters Western Department, Saint Louis, Mo.

SIR: I would respectfully ask some information in regard to the disposition to be made of prisoners released by the rebel forces. I am aware that the subject is one which has occupied the attention of the Government but am not aware that any conclusion has been arrived at in regard to their disposition. At the present time I find myself somewhat embarrassed by the great number of prisoners returning from Lexington, Mo., and especially so in regard to the officers. Two or rather one application has been made to me by General Price and one to General Lane on the subject of exchange of officers. In the case of the proposed exchange with General Lane I have referred the matter to him, but in regard to the proposed exchange for an officer of the rebel forces who is now here I have postponed any action until I will have received some information on the subject from higher authority.

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

S. D. STURGIS, Brigadier-General, Commanding.

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FORT COLUMBUS, N. Y. Harbor, October 2, 1861.

Col. C. A. FINLEY, Surgeon-General U. S. Army, Washington.

SIR: I have the honor to transmit herewith a report made by me to the commanding officer of this post relative to the condition of the prisoners from Fort Hatteras, N. C. In connection with this subject I have to report that there is a great deal of sickness among these prisoners and that my services are constantly required as their own assistant surgeon who attended them under my direction is now sick also. I feel under the necessity of asking that an assistant surgeon may be detailed for temporary duty here if one can be spared. While I feel sensibly the need of aid I must express at the same time my entire willingness to give my whole time and attention in the demands made upon me. The following is the strength of the command at this post and Fort Wood, the number of patients now under treatment being 170:

Fort Columbus-Commissioned officers, 36; troops in quarters, 330; troops in camp, 245; women and children, 125; prisoners of war, &c., 707.

Arsenal-Men, 68.

Fort Wood-Troops, 36. Total, 1,547.

Very respectfully, your obedient servant,

WM. J. SLOAN, Surgeon, U. S. Army.

{p.47}

[Inclosure.]

FORT COLUMBUS, September 30, 1861.

Col. G. LOOMIS, U. S. Army, Commanding Fort Columbus.

SIR: I have the honor to report that the condition of the Fort Hatteras prisoners in the castle at this post is such as to require the immediate attention of the Government. They are crowded into an ill-ventilated building which has always been an unhealthy one when occupied by large bodies of men. There are no conveniencies for cooking except in the open air, no means of heating the lower tier of gun rooms and no privies within the area. As the winter approaches I cannot see how these 630 men can be taken care of under the above circumstances. These men are without clothing and are not disposed to use the means prescribed by me for the prevention of disease unless compelled to do so. Everything necessary in a sanitary point of view has been urged upon them but is only carried out by the persistent efforts of the officer in charge of the castle. Under all these circumstances with the effect of change of climate and the depression resulting from their situation disease must be the result.

There are now upwards of eighty cases of measles amongst them, a number of cases of typhoid fever, pneumonia, intermittent fever, &c. I have taken the worst cases into my hospital and am preparing it with beds to its full capacity for other cases. Every building upon the island being crowded with troops, with a large number in tents, I know not how the condition of these prisoners can be improved except by a change of location to some other place for all or a portion of them, the present condition of things resulting principally from deficiency of quarters and not from causes within our control.

Very respectfully, your obedient servant,

WM. J. SLOAN, Surgeon, U. S. Army.

[Indorsement.]

Respectfully forwarded to the Headquarters of the Army. Prompt attention to the cleanliness of the castle and the prisoners is ordered. If these prisoners are to be kept on this island I would recommend that temporary barracks be erected for them upon some part of it which shall be selected.

G. LOOMIS, Colonel Fifth Infantry, Commanding.

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NAVY DEPARTMENT, Washington, October 3, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Comdg. Atlantic Blockading Squadron, Hampton Roads, Va.

SIR: The Department herewith transmits a communication and a package containing $50 in gold addressed to Lieut. John L. Worden, U. S. Navy, now a prisoner at Montgomery, Ala.

The United States having permitted relief to be sent from friends of prisoners taken at Hatteras and elsewhere the Department presumes that the same facilities will be extended to those held by the South.

The Department would be gratified should an opportunity occur to forward the accompanying package and letter to that officer.

I am, respectfully, your obedient servant,

GIDEON WELLES.

{p.48}

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QUARTERMASTER-GENERAL’S OFFICE, Washington, October 3, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I have to acknowledge the instructions of the Department to prepare a project for establishing a depot of prisoners upon one of the islands at the west end of Lake Erie, and having consulted with yourself and the Adjutant-General I respectfully recommend that Lieut. Col. William Hoffman, of the Eighth Infantry, an officer of rank and experience whose misfortune in having been placed on parole renders it impossible for him to take the field, be appointed commissary of prisoners and charged with the details necessary for establishing the depot.

It will be necessary for the commissary of prisoners to visit the islands and quarters, and to ascertain whether any of them of suitable size and location can be obtained on reasonable terms. If disappointed in this he should examine some other site, perhaps Madison Barracks, the barracks near Buffalo and other points.

A guard which can perhaps be detached from the troops on parole with proper officers and an assistant quartermaster can be detailed after the site is fixed on definitely.

I am, very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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EXECUTIVE DEPARTMENT, Columbus, Ohio, October 3, 1861.

Hon. SIMON CAMERON, Secretary of War.

DEAR SIR: Applications are frequently being made at this department for the discharge of prisoners of war confined at Camp Chase. The Governor directs me to inquire of you whether the commandant of the department shall exercise the authority to discharge or whether applications for that purpose shall be made directly to your Department. He deems it very desirable that some arrangement should be made by which these applications can be speedily disposed of as such prisoners are accumulating very rapidly.

Very respectfully,

M. WELKER, Aide-de-Camp.

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FORT HAMILTON, October 4, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Pursuant to your orders handed to me by the U. S. marshal of New York, I have the honor to report that the following-named persons confined at Fort Lafayette as privateersmen were turned over to the care of U. S. Marshal Murray, viz: John H. Marshall, P. McCarty, Charles Forrester, George C. Gladden, J. P. M. Calvo, John Gonzales, James Riley, John Williams, Archibald Wilson. One of the above named was left sick at the fort by Marshal Murray who promised to come down this day and remove him to the quarantine hospital.

Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel, Commanding.

{p.49}

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WAR DEPARTMENT, Washington, October 7, 1861.

C. B. DIBBLE, Esq., New York.

SIR: Your communication of the 1st instant has been received. This Department is disposed to act toward traitors taken in arms promptly and positively so far as is consistent with the usages of civilized warfare. It can therefore find no objection to your furnishing clothing to prisoners taken at Cape Hatteras as you desire. With reference to communicating with the authorities of North Carolina in order to reimburse you for such outlay as you may make you are at liberty to confer with the general commanding at Fort Hatteras, through whom perhaps such communication may be made.

Respectfully,

SIMON CAMERON, Secretary of War.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, October 7, 1861.

Lieut. Col. WILLIAM HOFFMAN, Eighth Infantry, New York.

COLONEL: Having been appointed commissary of prisoners and having reported to this office for instructions by order of the Secretary of War I have the honor to request you to proceed to the group of islands known as the Put-in-Bay, and Kelley’s Island, off Sandusky in Lake Erie, and to examine them with reference to the lease of the ground upon some of them for a depot for prisoners of war. You will report which of the islands affords on the whole the greatest advantages for the location of such a depot, the price at which a suitable tract of land can be leased during the war and such other matters as may be of importance. Should other localities in that vicinity appear to you to be better fitted for the purpose you are authorized to visit them also. You will complete this duty as soon as practicable, and returning to this city report in writing the result of your examination, making a report also upon the steps necessary to establish a depot and prepare it for the reception and safe detention of prisoners. The locality selected should not be in a higher latitude than that of the west end of Lake Erie in order to avoid too rigorous a climate.

I am, respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, October 7, 1861.

Brig. Gen. B. HUGER, Commanding Forces, Norfolk, Va.

SIR: Herewith I send a package of money said to contain $50 for Lieut. John L. Worden, U. S. Navy, now a prisoner at Montgomery, Ala., which I have to request you will have forwarded to him.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer.

* See Special Orders, No. 284, October 23, p. 121.

{p.50}

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FORT COLUMBUS, N. Y. Harbor, October 8, 1861.

Col. G. LOOMIS, U. S. Army, Commanding.

COLONEL: I have the honor to report that the condition of the sick prisoners has not improved. Deaths occur almost daily and there continues to be a large number of cases of measles, pneumonia, typhoid fever, &c. I have taken as many cases into the hospital as can be accommodated. The sickness will continue and increase so long as so large a body of men is crowded together in Castle William. If 100 are removed to Bedloe’s Island as contemplated and including a large proportion of the sick there will be better facilities for improving the condition of those remaining.

Very respectfully, yours, &c.,

WM. J. SLOAN, Surgeon, U. S. Army.

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DEPARTMENT OF STATE, Washington, October 9, 1861.

Colonel LOOMIS, Commanding at Fort Columbus, N. Y.

COLONEL: You are authorized to permit William F. Martin who was taken prisoner at Hatteras Inlet to make proper arrangements for supplying himself and his fellow-prisoners with necessary clothing and for defraying the cost of the same. It is expected, however, that any interview between Mr. Martin or other of the prisoners and the person or persons who may be employed to furnish the clothing will take place in the presence of a commissioned officer of the United States.

I am, colonel, your very obedient servant,

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, October 10, 1861.

Lieut. Gen. WINFIELD SCOTT:

The President directs that fifty-seven of the insurgent prisoners be released from confinement and set at liberty on their taking either the oath of allegiance or an obligation by oath not to engage in arms against the United States during the continuance of the present insurrection. The Lieutenant-General commanding will see to the execution of this direction.

WILLIAM H. SEWARD, Secretary of State.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, October 10, 1861.

Brigadier-General HUGER, Commanding Forces, Norfolk, Va.

SIR: By a letter from Lieutenant Sharp (now as you are doubtless aware a prisoner at New York) to his wife, forwarded to Norfolk to-day by a flag of truce, I perceive that he is very anxious to be exchanged. Without any specific authority on the subject of exchanging prisoners I venture nevertheless to say to you that I think he may be exchanged for Lieutenant Worden, of our Navy, who I understand is still confined at Montgomery. Lieutenant Worden sailed with me some years ago and I am on terms of intimacy with his family. Hence the reason {p.51} of my feeling deeply interested in his behalf. Will you be good enough to inform me whether this suggestion be acceptable to yourselves or otherwise?

Respectfully, your obedient servant,

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

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EXECUTIVE DEPARTMENT, Boston, Mass., October 11, 1861.

Hon. SIMON CAMERON, Secretary of War, Washington.

SIR: I am directed by His Excellency Governor Andrew to request that he may be authorized to enlist a battalion of three or four companies of infantry to be commanded by a major to be sworn into service for three years or the war to be stationed at Fort Warren in Boston Harbor as a garrison and guard to the prisoners to be sent there until required elsewhere by the War Department. The Twenty-fourth Regiment Massachusetts Volunteers which it was proposed by Governor Andrew in letter of 28th September to send to that fort will soon be ready to leave for the seat of war. It will be therefore necessary to provide another guard for the fort, and this should be undertaken at once. At the same time the Governor thinks a guard of one company as proposed by the War Department would be totally insufficient. If the enlistment of such a battalion were authorized it might be afterwards increased to a regiment and sent South when wanted.

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

HARRISON RITCHIE, Lieutenant-Colonel and Aide-de-Camp.

[Indorsement.]

HEADQUARTERS OF THE ARMY, October 17, 1861.

The General-in-Chief recommends that the battalion be raised as proposed Brevet Colonel Dimick, now at Fort Monroe, will be ordered to command at Warren.

Respectfully submitted.

E. D. TOWNSEND, Assistant Adjutant-General.

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WAR DEPARTMENT, Washington, October 12, 1861.

M. WELKER, Aide-de-Camp, Columbus, Ohio.

SIR: Your favor of the 3d instant asking for instructions relative to the discharge of prisoners of war has been received. In reply I have the honor to inform you that in order to receive the requisite authority you will please direct your application to the General-in-Chief of the Army.

Respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

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SPECIAL ORDERS, No. 170.}

HEADQUARTERS OF THE ARMY, Washington, October 12, 1861.

Fifty-seven of the U. S. soldiers detained as prisoners in Richmond having been released on taking an oath not to bear arms against the {p.52} States in rebellion an equal number of the prisoners of war taken from those States now confined in Washington and in New York Harbor will be released on taking the prescribed oath of allegiance to the United States or an oath not to engage in arms against the United States.

Of these confined in this city the thirty-seven here named will be released as above.* Colonel Loomis, commanding at Fort Columbus, will in concert with Lieutenant-Colonel Burke select twenty from among the prisoners of war under their charge to make up the number indicated.

The prisoners to be released will be sent by the first opportunity to Fort Monroe and thence under a flag of truce through the U. S. lines.

The following are the forms of oath to be administered:

By command of Lieutenant-General Scott:

E. D. TOWNSEND, Assistant Adjutant-General.

General WOOL, Fort Monroe.

* Nominal list omitted.

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[OCTOBER 13, 1861.-For the Frémont-Price exchange convention and agreement to discontinue arrests for political opinions, see Vol. I, this Series, pp. 548-562.]

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WAR DEPARTMENT, Washington, October 15, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: I have the honor to request that you will furnish transportation by any U. S. steamer that may be going hence to Fort Monroe for fifty-seven prisoners of war released on their parole and en route to Norfolk. Please inform this Department when such steamer will sail. The Commissary-General of Subsistence has been instructed to furnish rations for the prisoners.

I have the honor to be, very respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

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HEADQUARTERS DEPARTMENT OF NORFOLK, October 15, 1861.

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

SIR: I duly received your letter of the 10th instant. As I had no instructions to act in an individual exchange of prisoners as you propose I have referred it to higher authority. The Government of the {p.53} Confederate States offers to exchange prisoners; it only remains for your Government to accede to their proposition and save much needless suffering.

I shall always be most happy to do all in my power to mitigate the rigors of war.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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WAR DEPARTMENT, Washington, October 17, 1861.

His Excellency JOHN A. ANDREW Governor of Massachusetts, Boston.

SIR: The communication of Lieut. Col. Harrison Ritchie of the 11th instant asking authority for the enlistment of a battalion to be stationed at Fort Warren in Boston Harbor has been received.

You are hereby authorized to raise a battalion of three or four companies of infantry to be sworn into service for three years or during the war, to be stationed at the fort above named as a garrison and guard until required elsewhere by the War Department.

There will be no necessity for having a major sworn in as Brevet Colonel Dimick, now at Fort Monroe, will be ordered to command at Fort Warren.

I have the honor to be, very respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

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

Col. A. G. BROWNE, Jr., Military Secretary, &c., Boston, Mass.:

Have just conferred with Governor Andrew. Colonel Dimick, U. S. Army, is ordered to command Fort Warren. You need not send a guard there till he arrives in Boston. The battalion of three or four companies will be accepted as a guard.

E. D. TOWNSEND, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF NORFOLK, October 19, 1861.

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

SIR: Referring to my letter of the 15th instant I now have the honor to inclose you a copy of the answer* of the honorable Secretary of War to your letter of the 10th instant requesting the exchange of Lieutenant Worden for Lieutenant Sharp, C. S. Navy.

I shall be ready to meet any propositions you may make to complete the arrangements you propose.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

* Omitted here; Benjamin to Huger, October 16, p 729.

{p.54}

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WASHINGTON, October 22, 1861.

General M. C. MEIGS, Quartermaster-General U. S. Army, Washington.

GENERAL: I have the honor to report that immediately on the receipt of your instructions of the 7th instant I proceeded to the Put-in-Bay Islands, in Lake Erie, with the view of selecting one of them for a depot for prisoners of war, and the following is the result of my examination:

On the steamer Island Queen which is engaged in the trade of those islands I passed round the outer ones known as the North and Middle Bass, and passed the night at Put-in-Bay on South Bass Island.

North Bass is about a mile across in any direction; has upon it sufficient cleared ground for a depot owned by different persons who are engaged in cultivating the soil and fishing, who as I am informed would not be willing to give up their farms for any reasonable rent if at all as they have made their homes there. The boat did not stop long enough to permit me to consult them. But the position of the island is such as to preclude its occupation as a depot. It is only four to five miles from the nearest of the Canada islands, the boundary lines being midway between them, which would afford a too inviting opportunity for their friends to attempt their rescue. Besides being so remote from the mainland and being almost entirely cut off from communication with it for weeks or even months at a time during the winter, it would be necessary to confine the prisoners within secure walls or the guard would have to be confined within a very defensible work to insure that the prisoners could at no time overcome them and make their escape into Canada. Further the island is so distant from Sandusky, the nearest port, that it would not be possible before the navigation closes to erect the necessary quarters, hospital, store-houses, &c., which the depot would require.

Middle Bass which is a mile within the outer island has all the objections to it which apply to North Bass, besides having no suitable cleared land upon it. I remained at Put-in-Bay till the next morning and visited the only ground which seemed available for the purpose. On the northwest point which forms the bay there is a space which by including some timbered land about ten acres may be cut off by a fence or wall 200 to 300 yards long from the lake to a slough. The point is a cold, bleak place in winter, exposed to all the prevailing winds. On the other side of the slough is an open piece of ground, about twenty acres, but it could not readily be inclosed. The northeast point of the island could at little expense be cut off from the rest of the island, but it is occupied by a number of families who have planted vineyards which yield at the rate of $200 to $400 per acre and they could not be induced to rent their farms.

At the extreme point is a cleared space of two acres belonging to a tract of forty acres, but if it were suitable for the purpose and could be obtained the presence of the soldiers there would ruin all the vineyards on the island, there being only twenty to thirty families living there who could offer no resistance to the depredations of lawless men. Put-in-Bay is twenty-four miles from Sandusky, too far distant to afford a reasonable hope that the necessary buildings could be put up this winter when it is remembered that the navigation closes ordinarily during the first week in December. This island is also almost entirely cut off from communication with the mainland during the winter and special arrangements would have to be made to secure the guard against a sudden rising of the prisoners.

{p.55}

On the following morning I proceeded to Kelley’s Island where I remained a day. This island is the largest of the group and is extensively cultivated in grapes, being occupied by about 100 families. There are only two locations on the island which seem adapted to the purpose. One is the northeast point embracing about sixty acres. A wall of a hundred yarns in length would cut off forty acres of this, of which about thirty acres mostly covered with timber would answer pretty well for the depot. A narrow neck of land divides two tracts into two parts, and the neck being low is covered with water during the prevalence of the northeast winds to which it is completely open, and during these storms as the sea breaks with great violence on the rocky shore the spray must cover a great part of the point. The soil is shallow on a bed of rock, and when the trees are thinned out to make room for the buildings the large trees which remain would be very apt to be blown down by the high winds. I noticed many on the ground blown down in this way. This point is about three miles from the cultivated part of the island and is connected with the usual landing by an indifferent road. In moderate weather a vessel might lie at a dock on the northwest side of the point. The number of people on this island and the distance from the vineyards would afford some protection against depredations by the guard, assuming that the prisoners could be restricted to this point, but the chances are that trouble would grow out of the proximity of so great a temptation. This land can be obtained for $250 a year including the use of the wood as fuel.

There is another tract on the southwest point of the island of thirty to forty acres very suitable, except that it would have to be inclosed on three sides. A greater difficulty is that it is adjoining large vineyards and a wine and brandy establishment which I fear would be too great a temptation to the guard to be overcome by any sense of right or fear of punishment. This ground can be had for $5 per acre.

The people who live on this island are very willing to do all in their power to serve the Government at this time even at some sacrifice to themselves but I would be very reluctant to advise them to receive even well-disciplined troops on their island with such powerful and convenient inducements before them to lead them astray. This island is twelve miles from Sandusky, and though there may be enough of the season left to give time for the erection of the buildings and getting out a supply of stores for the winter it is a very doubtful matter-barely possible. During the winter months the mail is carried over generally twice a week by a man much experienced in such matters who is most of the time obliged to use a boat which he hauls over the ice when it is strong enough and in which he crosses the open places.

I cannot therefore advise that an attempt be made to establish a depot on any one of the Put-in-Bay Islands this winter, and there are serious objections to their being occupied for this purpose at any time. Kelley’s Island which may be considered one of the group is only four to five miles from the nearest British island, called the East Sister.

I examined also an island in Sandusky Bay opposite the city. It is two and three-quarters miles from the city and on the other side it is a full mile from the mainland. It contains about 300 acres, one-half of which with the privilege of using the fallen timber as fuel can be leased for $500 a year with the entire control of the remainder of the island, so that no person would be permitted to land on it except by permission. There are some forty acres of cleared land affording a good {p.56} site for the buildings fronting on the water toward the city. Its nearness to the city gives great facilities for building and furnishing supplies and it is accessible at all seasons of the year. The only objection to it is that it is too little isolated, but this may be remedied by so inclosing the ground occupied by the prisoners as to confine them there except when they go out by permission. The cost of such a work would be much less than for any similar work on any of the outer islands and is of very little greater extent. The proximity of the city would prevent any possibility of a rising upon the guard, and if any were to escape the neighborhood could be put on the lookout for them by the discharging of a cannon and their recapture would be almost certain. I recommend this island-Johnson’s Island-as decidedly the best location for a depot that I have seen.

I visited Toledo also but it offers no desirable situation, and thinking that Dearborn Arsenal might be made available for the winter I visited it also; but it is too limited in its extent and is too closely surrounded by private land to be a suitable place.

A convenient tract of land may be obtained near Cleveland at $6 per acre and the buildings can be erected at perhaps a less cost than at Sandusky, but the location is objectionable on account of being inland and too easy of access to visitors.

In order to form an estimate of the cost and time necessary to establish a depot I have assumed that one-story wooden buildings framed, covered with shingles, ceiled overhead, and for officers all round, with upright weather-boarding battened would be most suitable and economical. A building 105 feet long, 24 feet broad, with 9-foot walls, divided into three rooms, heated by two stoves in each room, would accommodate 180 men and would cost $800. A building 112 feet long, 29 feet wide, contains twelve rooms, 14 by 16, divided into groups of four rooms by halls, would quarter 48 officers and would cost $1,100. It would lessen the cost somewhat to put two or three buildings of these dimensions together and if they could be built two stories high it would still more diminish the cost. With these estimates as the guide the cost of all the buildings may be approximated. A hospital, store-houses and kitchens will be required and probably mess-rooms as there will be scant room for eating in the quarters. The vicinity to Sandusky of Johnson’s Island would render it unnecessary to have large store-houses on the island. On the outer island stores for three months would have to be kept on hand for the winter.

For a depot on Johnson’s Island I would suggest a substantial plank fence to inclose the ground on three sides, a high open picketing closing the fourth toward the water for security in winter time. A gate at one of the angles with a block-house sufficiently large for the guard. A small block-house also at the angle near the water to guard that front. Sentinels should be posted at suitable points around the inclosure on elevated platforms so that they could overlook the inside grounds. The quarters for the troops in charge should be outside.

Sandusky is a cheap and abundant market for lumber, and I have consulted with-an experienced builder there who will give any required security to put up seventeen buildings of the kind I have described by the 10th of December and at the cost I have named, adding the-cost of delivering the lumber on the island.

The guard for the depot should consist of 100 to 150 men. One officer and about thirty men would be required daily for guard service, and the duty should be performed in the strictest manner. Both blockhouses should be armed with a small howitzer on a suitable carriage {p.57} and canister ammunition. A guard-boat would be required at all times when the bay is free of ice.

The prevalence of stormy weather at this season of the year along the lake shore would greatly retard the work, and I doubt if the necessary buildings could be erected before the 1st of January. Though I propose to heat the rooms with stoves yet brick chimneys would be required for them, and brick furnaces or fireplaces would be needed in the kitchen.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

[First indorsement.]

QUARTERMASTER-GENERAL’S OFFICE, October 23, 1861.

Respectfully referred to the Secretary of War. It is recommended that Johnson’s Island, Sandusky Bay, be rented and buildings for the accommodation of 1,000 prisoners be erected immediately, and that First Lieut. E. W. H. Read, Eighth Infantry, now on parole, be detailed as acting assistant quartermaster and commissary of subsistence for the depot.

M. C. MEIGS, Quartermaster. General.

[Second indorsement.]

ADJUTANT-GENERAL’S OFFICE, October 26, 1861.

Respectfully returned to the Quartermaster-General with information that the Secretary of War approves of the recommendations in the within report and directs him to take such measures as may be necessary for having them carried into execution.

L. THOMAS, Adjutant-General.

[Third indorsement.]

Respectfully returned to the Adjutant-General with request to order Lieutenant Read, Eighth Infantry, to report to Colonel Hoffman as acting assistant quartermaster and commissary of the depot. Colonel Hoffman is now in New York.

M. C. MEIGS, Quartermaster-General.

[Inclosure.]

Estimate for depot buildings at Johnson’s Island, Sandusky Bay.

Quarters for eight officers	$1,800
5 cooking stoves for officers	150
12 common stoves	140
4 two-story buildings, to quarter 1,000 men (1,080 men), at $1,400 apiece, each building to accommodate 270 men with sleeping and mess-room	5,600
12 cooking stoves, at $50	600
36 common stoves, at $12	432
Hospital	1,100
1 cooking stove	50
6 common stoves	72 {p.58}
Quarters for guards	$1,000
2 cooking stoves	100
6 common stoves	72
Block-house for daily guard	500
Store-house	1,000
Fencing	400
Small block-house	200
Out-houses	500
Work on fencing, &c	500
Miscellaneous	5,000
	19,216

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

Add to the above-

Quarters for 200 officer prisoners	$5,000
Mess-rooms and kitchens for officer prisoners	1,000
10 cooking stoves	300
60 common stoves	750
	26,266

W. H.

–––

Trial of William Smith for piracy.

In the circuit court of the United States in and for the eastern district of Pennsylvania, in the third circuit, October session, 1861.

OCTOBER 22, 1861.

Mr. ASHTON. I move, your honors, for the arraignment of William Smith who is charged in bill of indictment (circuit court, No. 88, October sessions) with the crime of piracy.

Judge GRIER. Is William Smith present?

Mr. ASHTON. Yes, Sir.

Judge GRIER. Very well. Let him be arraigned.

The prisoner stepped forward to the bar and the clerk of the court read to him the bill of indictment as follows:

{p.62}

[The indictment was regularly certified from the district to the circuit court.]

At the conclusion of the reading of each count of the indictment the prisoner pleaded not guilty.

The CLERK. William Smith, how will you be tried?

The PRISONER. By God and the country.

The CLERK. God send you a good deliverance.

The jurors’ names were then drawn from the box and finally a jury was obtained, composed as follows:

1. Horatio Jones, gentleman, of Reading, Berks County.

2. Lewis B. Fritz, gentleman, Hatborough, Montgomery County.

3. William Kinsey, gentleman, Bristol, Bucks County.

4. Alfred J. White, clerk, Philadelphia.

5. John Franklin, machinist, Philadelphia.

6. John R. Paul, varnisher, Philadelphia.

7. John P. Miller, gentleman, Reading, Berks County.

8. John Logan, lime dealer, Philadelphia.

9. Joseph Stoney, gentleman, Conshohocken, Montgomery County.

10. Jonathan Chapman, engineer, Philadelphia.

11. Samuel S. Tomkins, trunk maker, Philadelphia.

12. Simon Mudge, collector, Philadelphia.

The jurors having all been sworn or affirmed well and truly to try the case and a true deliverance to make according to the evidence,

Mr. Ashton opened the case for the United States. [Address omitted.]

At the request of the counsel for the defense the court ordered that during the examination of any witness the remaining witnesses should not be present in the court room. Accommodations were provided for them in the clerk’s office.

BENJAMIN DAVIS called and sworn and examined by Mr. ASHTON:

Question. Where do you reside?

Question. You are part owner of the schooner Enchantress?

Question. Where was she built?

Question. In what year?

Question. Where was she registered?

Question. Are all her owners citizens of the United States?

Question. Who are the owners of the vessel?

Question. Have you the evidences of your ownership?

Question. Have you got them here?

{p.63}

Question. Is Mr. Creasy one of the owners?

Question. Has she always sailed under the flag of the United States?

Question. Where is she now enrolled or registered?

Question. Where was she registered on the 6th day of July, the time of her capture?

Question. Who was her captain upon the 6th of July?

Question. Who was her mate?

Question. Who were her sailors?

Question. What was the value of the schooner?

Question. What do you suppose her value was at the time of her capture?

Question. On what day did she last sail from Boston?

Question. The schooner Enchantress is an American vessel?

No cross-examination.}

JOHN L. PRIEST called and sworn and examined by Mr. ASHTON:

Question. Where do you reside, Mr. Priest?

Question. Do you know the schooner Enchantress?

Question. How long have you known her?

Question. Then the connection which you had with her on the 6th of July was that of her charterer?

Question. Do you know what the cargo of the Enchantress was upon the 6th of July?

{p.64}

Question. Would you recognize the bills of lading for that cargo?

Question. Do you know whether there were on board of her seventy-five sacks of corn?

Mr. HARRISON (to Mr. ASHTON). I would rather you should ask the witness what he knows and put the questions in a less suggestive form.

Mr. ASHTON. It is impossible for the witness to remember the contents of all the bills of lading.

Judge CADWALADER. Perhaps he may.

Mr. ASHTON (to the witness). Give us if you can the articles of the cargo.

Question. What other things do you remember?

Question. What other things do you recollect?

Question. Do you remember any other thing?

Question. Was there any lard on board the vessel?

Question. Any pork?

Question. Was there any soap?

Question. Was there any glassware on board the vessel?

Question. Do you remember the names of the shippers of the cargo?

Question. Do you remember the names of any of the other shippers?

Question. Were all these persons whom you have mentioned citizens of the United States?

Question. About what time was that cargo shipped on board?

Question. When was her cargo taken on board entirely?

{p.65}

Question. And that cargo was on board of her so far as you know on the 6th of July?

Mr. WHARTON. Von did not go with the vessel?

Mr. ASHTON. Did you ever see the bills of lading for the articles on board the vessel shipped by Mr. Greeley?

Question. Are these the bills of lading for Mr. Greeley’s articles? [Exhibiting to the witness a number of bills of lading.]

Mr. WHARTON. One moment about that. How do you know that, Mr. Priest?

Mr. WHARTON. I want to know how you know these particular papers?

Mr. WHARTON. Before they were signed?

Mr. ASHTON. It is not important.

Mr. WHARTON. I do not know that it is important but the district attorney seemed to suppose it was important to have these particular papers identified. I do not understand that what the witness says gives any validity to the papers. All that he says is that he saw them on a prior occasion.

Judge CADWALADER. I do not see that it is very important on either side.

Mr. WHARTON. I do not know that it is. I presume the witness has not that particular knowledge which would justify those particular papers going in.

Mr. ASHTON. Mr. Priest, the articles you have mentioned, so far as you know, were on board the vessel on the 6th of July, 1861.

Question. They were on board of her when the vessel left the port?

Question. Is Mr. Greeley a resident of Boston?

Cross-examined by Mr. WHARTON:

Question. To whom was she consigned?

Question. For what purpose was the cargo sent there?

{p.66}

Question. On your account?

Question. What was her tonnage?

Question. Where was she to go after leaving Saint Jago?

Question. Have you the charter with you?

Mr. ASHTON. To whom?

Mr. ASHTON. I have not seen it.

Mr. WHARTON. That has nothing to do with the transaction I suppose. I presume it must have been some other affair of business; was it?

Mr. ASHTON. The question of salvage was it not?

CHARLES W. PAGE called and sworn and examined by Mr. ASHTON:

Question. Where do you reside, Mr. Page?

Question. Do you know the schooner Enchantress?

Question. What was your connection with that schooner on the 6th of July, 1861?

Question. When did she sail from Boston on that voyage?

Question. Who was the captain of the schooner?

Question. Who were the mariners on board the schooner?

Question. This John Devereux whom you mention now was not the captain?

Question. Then the captain was named John Devereux and one of the mariners was John Devereux, jr.?

Question. When was her cargo taken on board?

{p.67}

Question. Of what did that cargo consist?

Question. Did you superintend the taking in of the cargo?

Question. Can you enumerate some of the articles that were on board of the schooner that were taken on board at the time you have mentioned?

Question. Do you remember any other articles?

Question. Were there any grindstones on board?

Question. Were there any white pine boards?

Question. Was there any lard?

Question. Was there any clear pork?

Question. Was there any glassware?

Question. Was there any corn?

Question. In what form was that corn? How was it placed on board?

Question. Do you recollect the precise quantities of the articles that you have mentioned?

Question. Do you know who were the owners or shippers of this cargo?

Question. How was this cargo laden? Was some of it on deck or all of it below?

Question. For what place did the Enchantress clear?

Question. And on what day?

Question. What happened to the vessel on the 2d of July, if anything?

Question. Was any of her cargo unladen when she put back.

Question. When did she sail again?

{p.68}

Question. What was the position of the vessel upon the 6th of July at sea? What was her latitude and longitude?

Question. How far from shore was she?

Judge CADWALADER (to Mr. ASHTON). You can fix that by the chart if it becomes important.

Mr. ASHTON (to the witness). Do you know the chart of the Enchantress?

Question. To whom did the chart of the Enchantress belong?

Question. Is that the chart of the Enchantress? [Exhibiting it.]

Question. Now look at that chart and tell us how far this vessel was from the coast on the 6th of July at 12 o’clock.

Judge CADWALADER. There is no difficulty in supposing that the vessel was on the high seas. That is evident from what he has already sworn to.

Judge GRIER. We take it for granted that she had not run on shore.

The WITNESS (having measured the distance on the chart by the compass). She was about 250 miles from the shore.

Mr. ASHTON. On the high seas?

Question. What were the incidents of that day, the 6th of July, on board the schooner Enchantress? Be good enough if you please to give deliberately and fully to the court and jury the occurrences on board the schooner on that day.

Question. As a mariner, Mr. Page, state what was the object of this maneuver with the sails.

Question. He ordered you to do what?

Question. How far was the Enchantress from this vessel at that time?

{p.69}

Question. That was your flag?

Question. Did the man obey the order?

Question. The flag was removed?

Question. Where did those men post themselves when they came on board the Enchantress?

Question. Did he ask you for the captain?

Question. Did you hear what he said to the captain?

Mr. WHARTON. Would it not be better to let him tell his whole story himself? Oftentimes the incidents in regular order may present a different impression from the same incidents brought out by various questions not pursuing the exact order of events.

Judge GRIER. The best way is to let the witness tell his story and then ask him as to anything he has omitted.

Mr. ASHTON. That is exactly what I wanted. (To witness.) Go on with your statement.

Judge CADWALADER. When you say lieutenant you mean the boarding officer?

Mr. ASHTON. Now let me interrupt you at this point and ask you if the defendant, the prisoner at the bar here, was one of those five men?

Judge GRIER. One of the five who were left in the possession of your vessel? Is that what you mean?

Mr. ASHTON. Let me ask you another question before you go on. Was any member of the Enchantress’ crew brought back in that boat?

Question. You went on board the brig?

{p.70}

Question. In whose possession was the Enchantress at that time?

Question. And there was no member of the Enchantress’ crew except Jacob Garrick on board of her then?

Question. Was the cargo on board of the schooner to which you have referred in the possession of the defendant and the other four men?

Question. Was any portion of that cargo removed by you or by Captain Devereux or any of you?

Question. What did you take with you to the brig?

Question. The clothes you had on?

Question. Were the charts of the vessel and the instruments of navigation left on board?

Question. Who would not let you take them?

Question. When you went on board the brig Jeff. Davis what was her condition in regard to arms?

Question. What was their caliber?

Question. What was the number of her crew?

Question. Was there any cargo on board of her that you saw?

Question. You have seen men-of-war, Mr. Page; was she manned and equipped as a vessel of war?

Question. Now, to return, when the Enchantress hove to how many hundred yards was this vessel from her?

Question. Could you from the deck of the Enchantress see the brig very plainly or not?

Question. Could you see the men on her?

Question. You say this gun amidships was a pivot gun. In what position was it?

{p.71}

Question. Did you see the men about the gun?

Question. What did they seem to be doing?

Question. Were there any arms on board the Enchantress?

Question. Was that all?

Question. What time did you leave the Enchantress?

Question. Was it dark?

Question. How long did it take you to get to the brig?

Question. During the time you were on board the brig were you down in the cabin?

Question. What did you see there?

Question. Small-arms-pistols and things of that sort?

Question. You have spoken of the men on board her. Were there any marines on board her?

Question. Armed with muskets or not?

Question. Where were those marines posted when you went on board the brig?

Question. You and Captain Devereux and his son were on board the Jeff. Davis. Who else?

Question. How long did you remain on board that brig?

Question. As a prisoner?

Question. How happened it that you were released from this imprisonment?

Question. Did the captain give any reason for that?

{p.72}

Question. How large was she?

Question. Were any other of the prisoners on board the brig released at the same time?

Question. Who were they?

Question. When you went on board the brig did you find these persons there?

Question. As prisoners or as mariners of the brig?

Question. During the three days you were on board the brig had you an opportunity of knowing something about her conduct?

Question. What did the captain say or anybody on board the vessel connected with her say was the object of her voyage?

Mr. WHARTON. What is that?

Mr. ASHTON. I want to know whether anything was said by the officers or persons in control of the vessel as to the object of her voyage.

Mr. WHARTON. After this man Smith was on board?

Mr. ASHTON. Either before or afterwards.

Mr. WHARTON. We object to that.

Mr. ASHTON. If your honors please we have shown the relations between this prisoner and the persons on board the vessel in the nature of a conspiracy and I take it that the words of one bind the other.

Judge GRIER. So far as they are part of the res gestæ they would, but this is a mere matter of confessions afterwards.

Judge CADWALADER This is outside of the rule.

Judge GRIER. They are found together and acting together, and so far the acts and conduct and words of each one are evidence as part of the res gestæ and they are all bound by them, but I do not see that mere confessions afterwards could affect them.

Judge CADWALADER. This was after the connection was severed.

Judge GRIER. The connection might not be severed but the position, the locus, was severed.

Mr. ASHTON. Would your honor’s ruling apply to the acts of this vessel?

Judge CADWALADER. All you can want to prove is the character of the vessel and that you show by her conduct in a specific case. I rather think you have got out all you want in that respect.

Judge GRIER. When you prove that a man knocks you down it is pretty good proof that he is not a peaceable man. Here you have proven that this brig captured a vessel. You do not want anything else. The conduct of the brig has shown what she is better than any words anybody could use about it. If the other side can show a defense or justification of it that is another matter, but you cannot make it any worse or better by any words they said afterwards.

Mr. ASHTON (to the witness). Well, Mr. Page, while the two vessels were in the position that you referred to at the time you left the {p.73} Enchantress would it have been possible for the men on board the Enchantress to have resisted?

Question. Why not?

Question. You identify this defendant Smith as one of the men who came on board the vessel under the circumstances that you have described?

Question. Do you know the value of the cargo on board the-schooner at the time of her capture?

(Mr. Ashton offered the chart in evidence.)

Cross-examined by Mr. WHARTON:

Question. You have spoken of a French flag that was run up. Was that flag pulled down at any time before your capture?

Question. At the time of actual boarding you saw the French flag hauled down and what you call the Confederate flag run up?

Question. I never saw it and perhaps the jury never did either. Will you be kind enough to describe the flag that was run up which you call the Confederate flag?

Question. Do those bars or stripes run across or lengthwise?

Question. Are the stars in the center or in the corner?

Question. Did you hear the order given to haul down one flag and run up the other?

Question. Then the brig lay at some distance?

Judge CADWALADER. I suppose the communications you gave us in the early part of your testimony were by the trumpet?

Mr. WHARTON. Was the order to haul down one flag and hoist the other given by the boarding officer or by some one that you do not know?

Question. It was not given by the boarding officer that came on board of your vessel?

{p.74}

Question. You have spoken of him as the lieutenant. Did he give himself that title?

Question. And therefore you got his title from himself?

Question. Was that done when he first came on deck?

Question. Aft on board your vessel?

Question. Did he say who his captain was; did he give the name of the captain of the brig?

Question. You have mentioned that when you got on board the brig she was called the Jeff. Davis; was that her name?

Question. You have described a good many things that you saw when you got on board-arms, &c.; did you see or did they speak of a commission which they held?

Question. You have already said that she had all the appearances of a vessel of war in her equipments, armament and everything?

Question. How many days were you on board of her?

Question. How were you treated?

Question. I do not ask what your feelings were, only the actual fact as to your treatment.

Question. I have not heard you describe any circumstance of ill-usage in your capture. There was nothing that occurred that you have not stated, I presume. Was there no other violence used than what you have already indicated by an officer coming on board with men and directing your surrender, &c.?

Question. In regard to the Enchantress did you part company with her on the same evening? You mentioned that about 8 o’clock when it was dark you went on board the brig and then you parted with the Enchantress, and therefore you have no personal knowledge of the course she took?

Question. Can-you give us some general idea without reference particularly to the chart but with reference to some neighboring island or land where you were when you were captured on that occasion-whereabouts you were; in what waters?

{p.75}

Question. That was the nearest land?

Question. Was that in your direct course to Saint Jago?

Question. You did not remain long enough upon the Enchantress at the time of her capture to know what course she was directed to take; do you know anything about that?

By Mr. HARRISON:

Question. Did you ever see the defendant Smith until you saw him on board the Enchantress on the 6th of July?

Question. How long did you have an opportunity of seeing him on that occasion?

Question. Have you seen him before to-day since he has been confined in Moyamensing Prison?

Question. How often have you seen him in prison?

Question. Why did you go to see him?

Mr. HARRISON. I ask why you went to see the prisoner and by whose authority did you go?

Mr. HARRISON. Was it a visit entirely of a friendly character that you made to Smith?

Mr. ASHTON. Excuse me. It may be that the witness does not understand your question.

Mr. HARRISON. I will try to make him understand it.

Mr. ASHTON. He went there by my authority once or twice.

Mr. HARRISON. Then I understand you, Mr. Page, that you were sent there or were authorized by the Government officers to go to that prison?

Mr. HARRISON. That brings me to the very point to which my interrogatory was addressed. Unless you had been directed to the cell where you were told Smith was, if you had met him anywhere else would you have been able to identify him?

Question. Your recollection of him was sufficient without the visit?

Question. The object of the visit then was not to enable you to identify Smith or to see whether you could identify him?

Question. Why did you pay him a second visit?

{p.76}

Question. Neither visit had any reference at all to the testimony you expected to give in this case?

Question. Why did you go to see Smith?

Question. Did you go to see all of them?

Question. Do you think you would be able to recognize Lieutenant Postell?

By a JUROR:

Question. In what relation did the defendant stand to the rest of the party that boarded the Enchantress as a prize crew? Was he an associate or the commander.

Re-examined by Mr. KELLEY:

Question. Had the marines of whom you spoke any distinctive uniform?

Question. How did you know they were marines?

Question. Was there anything like uniformity of dress on board the vessel?

By Mr. WHARTON:

Question. You state that Smith was the prize master. Do you know whether any instructions were given to him; what was he told to do with his prize?

Question. You said he was the prize master. How did you know that?

Question. Did you hear all what Smith was told to do with the vessel?

Question. You only know that he was the prize master, indicated by the lieutenant as such?

JACOB GARRICK called and sworn and examined by Mr. ASHTON:

Question. How old are you?

Question. Where were you born?

Question. What is your business?

{p.77}

Question. How long have you followed the sea?

Question. What were your duties on board the Enchantress?

Question. When did she sail from Boston?

Question. You were on board of her on the 6th of July?

Question. Tell us what you saw that day?

Question. How many men came on board?

Question. Where was the captain of the Enchantress?

Question. Did these men speak to the captain?

Question. What did the captain do if anything after they had spoken to him?

Question. Did he bring up anything with him?

Question. What did these men do to the sailors on board the Enchantress?

Question. Who said that?

Question. Was Smith one of those men?

Question. Did your captain go into the boat?

Question. Were you in that boat?

{p.78}

Question. How near to the Jeff. Davis did you go?

Question. Where did the men of the Enchantress go?

Question. Why did you not go?

Question. Did they refer to you?

Question. How many men got into that boat then from the Jeff. Davis?

Question. Was this defendant one of the men?

Question. One of those that sailed with you in this boat from the Jeff. Davis to the Enchantress?

Question. Did this defendant go on board the Enchantress when you did?

Question. When he went on board where was the captain of the Enchantress?

Question. Who was with him?

Question. How long was this defendant on the Enchantress before the order was given to the captain to leave?

Question. Who ordered the captain to leave?

Question. Was the captain ordered to get into the boat then?

Question. What was done?

Question. Who went with him?

Question. Where were you then?

Question. When the brig hove to how far was she from the Enchantress?

Question. Did you see her plainly?

{p.79}

Question. How long after the captain left did they make sail?

Question. Who took command of her?

Question. Did you get the supper?

Question. During the time you were on board the Enchantress under Smith what was your position? What did you do?

Question. How long were you on board the Enchantress then?

Question. When were you recaptured?

Question. Now tell us what occurred on the 22d of July.

Question. How far was the steamer from you?

Question. What did you do when you jumped into the water?

Question. How did you get out of the water?

Question. What was done then?

Question. Did they take this defendant out of the schooner?

{p.80}

Question. Where did they put him?

Question. When the steamer was coming down to you did you hear this defendant or any of these men make arrangements about what they would do?

Question. How do you mean?

Question. Was there not one less of these men?

Question. What about that?

Question. To whom was all that to be said?

Question. What was the name of this steamer?

Question. Do you know her commander?

Question. What did they do with the schooner when they boarded her?

Question. What did they do with the schooner?

Question. How did you get to Philadelphia?

Question. And you have been here ever since?

Question. Are you a man of family?

Question. What flag had the Enchantress flying when she was captured?

Question. What flag did she carry after she was captured?

Question. This prisoner then kept the American flag still on the vessel?

{p.81}

Question. Do you know where you were at the time the Albatross took you?

Question. Who did you hear say that?

Question. How long after you saw the Hatteras light were you captured by the Albatross?

Question. Do you know in what direction the Enchantress sailed after the prize crew, the defendant and the other four men were put on board her?

Question. How long did it take you to get from the place where you were taken by the Albatross to Hampton Roads?

Question. Did the Albatross take you in the direction the Enchantress was sailing at that time or in the opposite direction?

Question. Then you went north after the recapture?

Question. You spoke of a place called Bull’s; do you know where it is?

Question. Who told you so?

Question. Did these persons keep the log after the Enchantress was taken?

Question. Was the log-book on board?

Cross-examined by Mr. WHARTON:

Question. You were cook originally and you continued in your ordinary pursuits?

Question. You held the office of cook under every change of administration?

Question. Did you hear the instructions that were given, or did you hear these men say where they were told to take the Enchantress?

{p.82}

Question. Where was that?

Question. Then they were to take her either to Savannah or Charleston as far as you understood?

Question. You did not hear Smith or any of them say where they were told to take her by the persons who put them on board?

Question. Who was the captain of the Jeff. Davis?

Question. Do you know his name?

Question. You think you were off Cape Hatteras when the Albatross came along?

Question. And you were steering southwest?

Question. The Albatross took you in tow and brought you into Hampton Roads?

Question. Did you come to anchor in Hampton Roads?

Question. Smith was there?

By Mr. ASHTON:

Question. Did you see Smith at Hampton Roads?

Question. Then Smith was kept on board the Albatross and you were with the prize crew of the Albatross?

Mr. WHARTON. The Albatross towed you to Hampton Roads, and she and the Enchantress arrived there together and stayed there about a week you say?

Mr. WHARTON. Did the Albatross lay with you at Hampton Roads?

Mr. WHARTON. But what was done with Smith?

Question. Do you know what they did with Smith and the other men of the original prize crew?

{p.83}

Question. Did you not see them at all at Hampton Roads?

Question. I suppose the Albatross came to anchor in Hampton Roads?

Mr. HARRISON. How far from the shore?

Mr. WHARTON. A very short distance?

Question. What was the nearest place?

Question. How near were you to the fort?

Question. Do you know that the crew from the Albatross were sent ashore there?

Mr. HARRISON. For two days.

Mr. WHARTON. Then the Albatross went off on a cruise?

Question. What river?

Mr. ASHTON. Did you see all this?

Mr. WHARTON. How long was she gone?

Mr. WHARTON. You seem to have been very accurate in your recollection of other dates-and I thought you might recollect this.

Question. Did she take you in tow again?

Question. And then brought you to Philadelphia?

Question. You say you did not see Smith till you arrived here?

Question. On board what vessel did you then see him?

Question. You did not see him on board the Albatross?

Question. Who were the persons that went from the Albatross to the fortress in boats and back again?

The court adjourned till to-morrow.

{p.84}

WEDNESDAY, October 23, 1861.

JOHN C. FIFIELD called and sworn and examined by Mr. ASHTON:

Question. Where do you reside?

Question. What is your business?

Question. How long have you been following the sea?

Question. Where have you sailed from?

Question. From what port did you sail last?

Question. In what vessel?

Question. As captain of that brig?

Question. Was she a Philadelphia-built brig?

Question. Where were you bound when you sailed from Philadelphia last in that brig?

Question. Did you reach Trinidad de Cuba?

Question. Did you sail back from Trinidad de Cuba?

Mr. WHARTON. I presume the object is to bring this gentleman in some way into contact with the defendant.

Mr. ASHTON. That is all.

Mr. WHARTON. The mode of doing that I suggest is not important to us.

Mr. ASHTON (to the witness). Have you seen William Smith, the prisoner at the bar, before?

Question. Where did you see him first?

Question. Where did you see him next?

Question. How did you happen to be on board the Jeff. Davis?

Question. What was the date of the capture?

Question. At what time of the day did it occur?

Question. How did you happen to get on board the Jeff. Davis?

{p.85}

Question. And on board the Jeff. Davis you saw for the second time William Smith?

Question. What was his capacity on board that vessel?

Question. How long were you on board the Jeff. Davis?

Question. How many days did you see William Smith, the prisoner, on board the Jeff. Davis?

Question. You recognize him as the person whom you saw on board that vessel?

Question. Did you see the assault upon the schooner Enchantress?

Question. At what time in the day did you first see the sail of the Enchantress?

Question. How long after the chase began were you ordered below?

Question. How long did you remain below?

Question. Did you see the flag that she had flying during the chase?

Question. But I mean the flag of the Jeff. Davis?

Question. At what time did they hoist the Confederate flag?

Question. Did you see William Smith leave the Jeff. Davis for the purpose of going on board the Enchantress?

Question. Then you were on deck at that time?

Question. How many left with him?

Question. Then you saw him go on board the Enchantress?

{p.86}

Question. How long after William Smith left did the Jeff. Davis make sail?

Question. Did you see the Enchantress make sail?

Question. William Smith did not return with the boat that brought Captain Devereux and the mate to the Jeff. Davis?

Question. Did you see any preparations that were being made on the Jeff. Davis?

Question. What do you mean by the swivel?

Question. Did you see them load the gun?

Question. How many guns did the Jeff. Davis carry?

Question. Do you know the caliber of the guns?

Question. Do you know whether those guns were loaded at the time of the assault on the Enchantress?

Question. Told by whom?

Question. During the time William Smith was on board the vessel?

Question. Did you see any other arms on board that ship with the exception of those you have mentioned?

Question. How many cutlasses?

Question. Where were they kept?

Question. Were you down in the cabin often?

Question. Do you know whether the muskets and double-barreled guns you speak of were kept loaded?

{p.87}

Question. Who said so?

Question. How many men were there on board the Jeff. Davis during this cruise; I mean of her company?

Question. Were there persons on board who were termed marines?

Question. What were their duties on board that ship?

Question. Were they armed during the day?

Question. What arms had they?

Question. Did these men wear any distinctive uniform?

Question. Was there a magazine on board the ship?

Question. Did you see any powder and balls?

Question. Where was it passed?

Question. Did you hear any conversation between William Smith and the officers of the Jeff. Davis at the time he left for the purpose of going on board the Enchantress?

Question. You said that William Smith went on board your ship; in what capacity?

Question. You said that you were ordered to go down below when the assault was made on the Enchantress?

Question. Was there any peculiarity that you noticed about the rigging of this vessel, the Jeff. Davis?

Question. Explain that.

{p.88}

All European vessels have hemp sails, and you can usually tell whether a vessel at sea is an American or foreign vessel by the sails when you see nothing else.

Question. Then it is to some extent a badge of nationality?

Question. Who asked you that?

Question. At what distance would one on the sea observe the guns of this brig?

Question. How were the guns kept covered up?

Question. Was the canvas painted black?

Question. What was the color of the vessel?

Question. When was this covering removed?

Question. Did they fire a gun when they captured your ship?

Question. From what gun and in what direction was it fired?

Mr. WHARTON (to the witness). Not at the ship but across the bow to bring you to I suppose.

Mr. ASHTON. Was it not a blank cartridge?

Question. Were Captain Devereux and the mate of the Enchantress released with you?

Question. What reason did the captain of the Jeff. Davis give for the release of Captain Devereux and Mr. Page and the rest of you?

Question. What ship?

Question. Was she a large vessel?

{p.89}

Question. Did they visit the Mary Goodell?

Question. How many went on board of her?

Mr. HARRISON. That was after the defendant had left. I do not know that that is evidence in this case.

Judge GRIER. This is only part of the history of the conduct of this vessel to show what her character was. So far as that is concerned it may properly be given in evidence.

Mr. ASHTON. Were any of the contents of the Mary Goodell removed from her?

Judge GRIER. That seems to be getting beyond the transaction.

Mr. HARRISON. I presume we are not to be affected by any unlawful acts committed by others.

Mr. ASHTON. I will not press that Mr. Fifield; how did you get into Philadelphia?

Cross-examined by Mr. WHARTON:

Question. You have been master of a vessel and know somewhat of the usages of the sea?

Question. Firing a shot across the bow of a vessel is a sort of invitation to her to stop and not to go on; is it not ordinarily so understood?

Mr. WHARTON. A blank cartridge does not pass in front of the bow.

Judge CADWALADER. The witness is right; the first shot is a blank.

Mr. WHARTON. But I mean to say the firing across the bow is of course not a firing at the vessel. It is an intimation, a very distinct one, to the vessel that she is not to go ahead.

Mr. WHARTON. You have spoken of certain preparations made on the deck of the vessel in regard to the pivot gun which you say was turned round so as to follow the Enchantress. I understood you to say that when she was about three miles off you were ordered below?

Question. When you were below you could hardly see the preparations on deck could you?

Question. I wanted to understand whether you could actually see what was going on; you say you could?

Question. You have mentioned already several officers who were on board the Jeff. Davis. Just tell us if you please who the officers were, {p.90} what were their particular ranks, how many officers there were as near as you can? Give us the arrangement of the ship’s company.

Question. Did you ever hear Coxetter called captain?

Question. Give us now the other officers.

Question. Did he hold both posts?

Question. Then there was a surgeon I take it for granted besides the assistant?

Question. Can you give us either the names or titles of any other officers on board?

Question. You have spoken of marines; who were their officers?

Question. Did they seem to be equipped differently from the rest of the ship’s company?

Question. Did they not seem to be a distinct body of men from the rest of the crew?

Question. You have said that Smith, the prisoner, was appointed or designated as prize master. Just tell us if you please all that passed on that subject.

Question. What papers do you refer to?

Question. By whom?

Question. A sealed letter or an open letter?

Question. Did you not hear any of the language used?

Question. You said in your examination in chief that he was appointed prize master?

{p.91}

Question. By whom were you told?

Question. Did he tell you so after Smith had left or at the time he left?

Question. And they spoke of him on those occasions as having been designated as prize master?

Question. Then what you saw of the actual occurrence of his being appointed prize master was merely that he took a letter and was pointed out and took some men with him I presume?

Question. Did he select the men or were they selected for him?

Question. This you also saw from the cabin?

Question. Then it was after you came up on deck and after the Enchantress was boarded?

Question. Did you hear any instructions given to him at all?

Question. Did you know what instructions were given?

Question. You do not know where he was to take the Enchantress?

Question. You do not know what he was to do with her?

Question. You say you slept in the cabin-had you as good accommodations as the vessel afforded?

Question. But the captain of marines and yourself slept in the cabin?

Question. What was your treatment generally?

Mr. WHARTON. But you were allowed to eat your own bread which is not the case with everybody.

Question. You have stated that you were ordered below when the vessel came within a few miles of the Enchantress; at other times had you not your liberty about the vessel?

{p.92}

By Mr. HARRISON:

Question. Was not the shot of which you speak as having been discharged by the Jeff. Davis discharged at such an angle as to make it impossible for it to take effect upon the John Welsh?

Question. How far ahead of the bow did it pass?

Question. Are you not sailor enough to know that it passed sufficiently ahead of the bow to make it impossible that it should take effect?

Mr. WHARTON. That was the shot at the John Welsh-not at the Enchantress.

Re-examined by Mr. ASHTON:

Question. You have been a sailor for several years?

Question. You have come across naval vessels of the United States frequently on the sea?

Question. Did you ever know a vessel of the U. S. Navy fire first a shot to bring a vessel to?

Question. Was there any cargo on board the Jeff. Davis?

Re-cross-examined by Mr. WHARTON:

Question. Did you ever know a vessel of the United States bring a merchantman to without firing at all, ball or blank cartridge?

Question. Then this was a singular instance in the case of the Enchantress of the Jeff. Davis bringing her to without any firing?

JOHN L. PRIEST recalled and re-examined by Mr. ASHTON:

Question. I omitted yesterday to ask you one or two questions that may or may not be important. What was the gross value of the cargo on board the Enchantress in round numbers? I do not want you to be very particular.

Question. You enumerated yesterday a number of articles that were on board; what were those seventy-five sacks of corn worth?

Question. What were those 23,000 feet of white pine boards worth?

{p.93}

Question. What were those fifty boxes of candles worth?

Question. Then there were 200 covered hams; what were they worth?

Judge GRIER. It is unnecessary to have the particular value of everything. No doubt they were valuable articles.

Judge CADWALADER They were articles acquired for the purpose of being sent for sale. Of course they have value.

Mr. ASHTON. I did not think this testimony was absolutely necessary, but I wished to cover the ground fully.

Judge CADWALADER. I think you have enough.

Mr. ASHTON (to the witness). William H. Greeley of whom you spoke was a member of the firm of Greeley & Son, of Boston?

Question. The goods were shipped in his name?

THOMAS ACKLAND called and sworn and examined by Mr. ASHTON:

Question. Where do you live?

Question. What is your business?

Question. In what vessel did you last sail?

Question. What was your capacity on board the John Welsh?

Question. Were you on board her at the time of her capture by the Jeff. Davis?

Question. Were you taken to the Jeff. Davis?

Question. Were you on board the Jeff. Davis at the time of the assault upon the Enchantress?

Question. What time in the day were you captured?

Question. On what day and at what time of the day was the assault upon the Enchantress made?

Question. Then you were on board the Jeff. Davis at the time of the assault and capture of the Enchantress?

Question. Be good enough to tell us briefly and in your own way what you saw on that day, the 6th of July.

{p.94}

Mr. ASHTON. From the time you first saw the Enchantress.

Question. How many men?

Question. How did they get the John Welsh’s boat?

Question. Was it a large boat?

Question. A larger boat than any of the boats of the Jeff. Davis or smaller?

Question. How do you know they were armed?

Question. Where did you see that?

Question. Prior to the capture of the Enchantress?

Question. At what time did Captain Devereux and the mate of the Enchantress come on board the Jeff. Davis?

Question. Were you ordered below when the vessel came up?

Question. At what time were you ordered below?

Question. And you were kept below until what time?

Question. And then you were allowed to go on deck after the capture? What do you mean by after the capture? After the vessel sailed?

Question. After who had taken charge of her; the lieutenant?

Question. Did you see the lieutenant and his crew return to the Jeff. Davis?

{p.95}

Question. When did they return?

Question. In whose charge was the vessel when they returned?

Question. Did you see the prize crew leave the Jeff. Davis?

Question. Do you recollect the names in that list?

Question. How many men went?

Question. Did they return to the Jeff. Davis?

Question. What time in the evening was that?

Question. Do you recognize William Smith as that man?

Question. Did you see him frequently on board the Jeff. Davis while you were there?

Question. Give us a little notion of the character of the armament of this vessel. How many guns had she?

Question. Did you see any pistols?

Question. The Enchantress and the Jeff. Davis parted company about 8 o’clock in the evening?

Question. That was the last you saw of the Enchantress?

Question. How did you get to Philadelphia?

Question. With your captain?

Question. And with Captain Devereux and Mr. Page?

Cross-examined by Mr. WHARTON:

Question. I think you said it was the second lieutenant that made out the list of the prize crew?

{p.96}

Question. He wrote their names down on a piece of paper?

Question. Did he hand that paper to Smith?

Question. With the list in his hand?

Question. Did you see Smith leave with the men under him?

Question. How near were you to him while he was making out this list and picking out the prize crew?

Question. Then you heard what he said to Smith I presume?

Question. That I am not asking about, but just this particular thing. What directions did he give Smith?

Question. Then you did not heat him or see him direct Smith to go on board?

Question. How long afterwards did that occur?

Mr. WHARTON. After he made out the list.

Mr. WHARTON. Yes, sir.

Mr. WHARTON. I thought it occurred probably at the same moment from the manner you described it.

Question. Then they were selected beforehand and an hour or two afterwards they left?

Question. Then you were not with the second lieutenant when he sent them on board?

Question. Did you know where the Enchantress was to be taken to?

Question. Do you know of any messages being sent along with them, or letters, or anything?

Question. What papers?

{p.97}

Question. What do you mean by papers-newspapers?

Judge CADWALADER. You mean the prize crew took certain papers with them?

Mr. WHARTON. From whom were those papers received by the prize crew?

Question. But you know the fact that certain papers were taken by the prize crew on board the Enchantress?

Question. Where did you sleep while you were on board the Jeff. Davis?

Question. According to the necessities of the occasion?

Question. Then you had an option of sleeping pretty much all about?

Question. You got your meals regularly?

Question. How many days were you there?

Mr. ASHTON. What did you eat on board the Jeff. Davis?

Mr. WHARTON. Do you happen to know who was the captain of the Jeff. Davis?

Question. Do you know the list of officers that she had?

Question. Were there any other officers that you knew of?

Question. Was it Babcock?

Question. Were there any other officers?

Question. They had the usual petty officers on board a vessel?

Question. Had they a sailing master?

{p.98}

Question. Who navigated the vessel?

Question. But you do not know who directed her, whether it was the captain, first lieutenant or some other officer?

Question. Had the marines a captain or commander?

Mr. HARRISON. Can you mention the names of the five persons who you stated were put along with Smith on board the Enchantress as a prize crew?

Mr. WHARTON. When did you happen to make that memorandum that you are looking at?

Mr. WHARTON. Then it is contemporaneous history-very valuable of course.

The WITNESS (after consulting a memorandum book). The prize crew consisted of Smith, Lane, Bradford or Radford (I do not know which it was) and two others whose names I do not recollect.

Mr. HARRISON. Were there five besides the defendant or five in all?

THOMAS B. PATTERSON called and affirmed and examined by Mr. ASHTON:

Question. You are deputy marshal of this district?

Question. How long have you been deputy marshal?

Question. Do you recollect arresting Smith, the prisoner at the bar?

Question. Upon a warrant issued by whom?

Question. Did you make the arrest yourself personally?

Question. Where was the arrest made?

Question. What vessel?

Question. Where did you find the prisoners?

Question. Were they in irons?

Question. To whom did you show your warrant when you first went on board the vessel?

{p.99}

Question. Who pointed them out to you as the prisoners?

Question. Where did you take them?

Question. Where was the Albatross lying at that time?

Question. Was she moored to the wharf?

Question. Had you any conversation with the captain of the Albatross in regard to them in their presence?

Question. Had you a conversation before they were brought before you?

Cross-examination by Mr. WHARTON:

Question. You say you arrested these men and they were in irons?

Question. Is that what you would say was an ordinary arrest-to take a man who was already in irons and in the custody of somebody else?

Question. Be kind enough to describe to the jury the character of the irons; how were they fastened?

Question. Describe the character of the irons or manacles or whatever you call them.

Question. How was the chain fastened; to either or both legs?

Question. How fastened?

Question. What was the weight of these irons?

Question. Have you got them?

Question. What has become of them?

Question. You did not preserve them?

Question. How did you know that?

{p.100}

Question. When you went on board the vessel these men were down in the hold?

Question. Did you go down there?

Question. You say they were ordered to be brought up; were they able to walk?

Question. Do you know how long they had been confined in the hold thus ironed?

Question. Where is the captain of the Albatross? Do you know?

Question. How long ago was this?

Mr. WHARTON. I suppose the warrant is here on file. That would give the date.

Question. What is the name of the captain of the Albatross?

Question. He is an officer of the U. S. Navy?

Mr. ASHTON. Captain Prentiss was captain of the Albatross at that time and I presume is now.

Mr. WHARTON (to the witness). Do you know where the Albatross is now?

Question. Do you know any of the other officers of the Albatross?

Question. How soon after her arrival did you go on board and receive these men?

Question. Who made the oath for the issuing of the warrant?

Mr. WHARTON. It ought to be among the records here.

Mr. ASHTON. I will see where it is. I presume Mr. Heazlitt has it.

Mr. WHARTON (to the witness). Was it necessary to lift the chain to enable the men to get into the carriage?

Question. What was the length of the chain?

Question. Do you know whether the Albatross brought along with her any papers that were taken with these men?

{p.101}

Question. You do not know whether the captain of the Albatross had possession of papers belonging to them?

CHARLES W. PAGE recalled and examined by Mr. ASHTON:

Question. Do you know where the Enchantress is at present?

Question. Were you in Philadelphia when she sailed from this port?

Question. When did she sail from Philadelphia?

Question. Were you present when she sailed?

Question. Did she go down the river?

Cross-examined by Mr. WHARTON:

Question. You say the Enchantress sailed from this port on the 22d of August for some foreign place; were you here at the time?

Question. How did she get here? Was she brought up by the Albatross?

Question. How long had she been here when you knew she was here?

Question. Then how do you happen to know that she sailed from here just on the 22d of August and know nothing else about her?

Question. When you came here you found her here?

Question. You do not know that she was brought here by the Albatross?

Question. You had not been here at all before that?

Mr. WHARTON. Of course that accounts for you not knowing what occurred in the interval.

Mr. ASHTON. Did you see the log of the Enchantress when she sailed?

Mr. ASHTON. What log?

Mr. ASHTON. I now offer in evidence the Appendix to the U. S. Statutes at Large for the Thirty-seventh Congress, first session, containing the various proclamations of the President of the United States in relation to the rebellion.

Mr. WHARTON. Certainly.

Mr. ASHTON. We rest here for the present.

{p.102}

Mr. WHARTON. I should like to have the date of the affidavit from the warrant as part of the case of the United States. A witness was on the stand who by reference to a document in court could fix the date. Mr. Patterson said he could not speak of the date without reference to the warrant.

Judge CADWALADER. Is your sole purpose to get the date?

Mr. WHARTON. Not my sole purpose. It is to get the date and also see whose affidavit it was, and perhaps it may lead to an inquiry why that person is not here. I do not know who made the affidavit.

Mr. ASHTON. Nor do I. I know that the arrest was upon an affidavit. Whose affidavit it was I do not know. Mr. Wharton can prove that as well as I can.

Judge GRIER. Can that be material in any possible point of view?

Mr. ASHTON. I do not see how it can be.

Judge GRIER. I suppose if that paper is found at any time it will be brought here and handed to the counsel.

Mr. WHARTON. That will satisfy us.

Mr. O’Neill opened the case for the defense as follows. [Address omitted.]

...

Mr. HARRISON. Before calling any witnesses we propose if your honors please to present as evidence in this case, because they are matters of public notoriety and part of the history of the country, the Constitution, proclamations and laws and various proceedings of what is called the Southern Confederacy as contained in these three volumes of a book published in the city of New York and entitled “Moore’s Rebellion Record.”

Mr. ASHTON. For what purpose?

Mr. HARRISON. To show that there was such a Constitution and that there were such laws, proclamations and proceedings as they purport to be. I do not present them as evidence of the authority of the Southern Confederacy to make or to issue any such laws, proclamations and Constitution but simply as part of the res gestæ of this case to go before the jury and before your honors so as to permit us to be heard in regard to them.

Mr. WHARTON. For the purpose of showing the existence of a government de facto claiming to be such and to administer justice and to regulate those persons actually within its jurisdiction, whether rightful or wrongful that jurisdiction happens to be.

Mr. HARRISON. And to show the quo animo with which this act was done.

Mr. WHARTON. Your honors are no doubt aware that there are consequences resulting from the facts if the evidence is admitted which it is not necessary now to discuss but which will be discussed in an after stage of the cause. We are simply stating now the points of fact that we desire to prove and the purpose of laying those facts before the court and jury.

Mr. HARRISON. I stated to your honors the day before yesterday that I had made every possible effort to obtain that evidence in an authentic shape, but owing to the extreme difficulty-indeed I may say the impossibility-of postal communication with the only source from which that information could be obtained we were compelled to resort to this as the only possible evidence of these matters within our reach.

{p.103}

Judge GRIER. Do you gentlemen representing the Government object?

Mr. ASHTON. Yes, sir; we object.

Judge GRIER. On what grounds?

Mr. ASHTON. On two grounds; first, that there is no evidence that this book contains correct copies of these documents; second, that it is not pertinent to the issue because it would not either excuse or justify the acts proved to have been done by the defendant.

Judge GRIER. Suppose it is all the excuse or justification they have got have they not a right to show it and have the court pass upon it?

Mr. ASHTON. I merely make the objection and state the grounds on which it rests and ask your honors to pass upon it.

Judge GRIER. You want us to decide what may be the grave question of the cause on a mere point as to the admission of testimony. I am inclined to admit the testimony if it is at all relevant to the defense. Whether that defense is a good one or not is to be considered afterwards.

Mr. KELLEY. May it please your honors as I understand the offer now it is to put in a certain book called the Rebellion Record which from my general recollection contains a large amount of poetry.

Judge CADWALADER. I do not understand the offer in that way, but it is to submit particular parts of the book.

Mr. WHARTON. We propose to offer specific parts. The poetry we leave to the other side.

Mr. KELLEY. We would rather go to a purer fountain even for that.

Judge GRIER. I suppose it is proposed to give historical evidence of historical facts.

Mr. WHARTON. That is it; and it happens to be found in a particular book. It may be damaged by intercourse with poetry; we do not know. We only offer what purports to be official documents, as official as anything from such a source can be. We do not offer the book in the mass but merely as containing a list of those public documents which we can best reach in this form-no better for being in the book perhaps no worse.

Mr. HARRISON. If there is any other and more authentic publication of these facts we shall accept it from the learned counsel on the other side.

Judge CADWALADER. Whatever documents are offered I think ought to be particularly indicated and read. We cannot consider such publications as this in a lump. Or if counsel do not wish the trouble of reading them aloud the page and line may be indicated so that the court may examine the various documents. We cannot understand a book of that sort to be in evidence without the parts which counsel desire to consider being particularized. It would be inconvenient to both sides.

Mr. HARRISON. I want first to present the Constitution of the Southern Confederacy and the secession ordinances of the Southern States.

Judge GRIER. The offer is to show the Constitution of the so-called Southern Confederacy and the secession acts of the different States?

Mr. HARRISON. Yes, sir.

Judge GRIER. I am disposed to admit it. You cannot get absolutely authentic copies of those documents. They are regarded as historical facts and you must take the best historical evidence you can get. Indeed, they are referred to in the President’s proclamations already produced by the prosecution. It is now proposed to offer them as historical facts. We never decide the value of evidence on such a point.

{p.104}

If it tends to prove the defense (whether that defense be good or bad) we think the testimony should be received. We should prefer to have authentic copies of these documents properly certified; but that being impossible and the facts being historically true there ought to be some way of getting at them. I do not know what effect they may have. We shall have to consider that after the documents are before us. But as the case now stands I think this offer ought to be admitted.

Mr. ASHTON. My objection did not apply to the form in which the documents are but to the documents themselves. I think if those documents themselves were here properly certified they would not be evidence to justify the crime.

Judge GRIER. That question is not decided. A man’s defense ought to be the best he can make. If the testimony tends to prove it it ought to be received, and then whether that can be a justification or not is afterwards the question of the case to be decided but you must have the case before you before you can decide it.

Mr. ASHTON. It was decided in Hutching’s case, tried in the circuit court of the United States before Chief Justice Marshall at Richmond in 1817 (1 Wheeler’s Criminal Cases, 543), that on trial for piracy a commission as a privateer from a government not recognized by the United States cannot be received in evidence as a valid commission but only as a paper found on board the vessel and cannot be received to justify piratical acts.

Judge GRIER. You can find hundreds of cases both civil and criminal where the essence of the case has been decided on the admission of testimony. I only say as a matter personal to myself that I never do it. If the testimony offered is proof of the defense urged I always admit it and decide on it when the whole case is presented. I know you will find hundreds of cases to the contrary. I do not act on authority when I so decide but on my own particular method of doing business which I think is just and right.

Mr. ASHTON. My impression was that the authorities were in a different direction; that it was first to be seen whether the defense would be a good defense before testimony would be admitted.

Mr. WHARTON. I will give your honors some documents by date and specific reference that we offer: First, the proclamation of President Lincoln of April 15, 1861, to be found on page 301 of Upton’s Maritime Warfare and Prize.

Judge CADWALADER. Excuse me for suggesting that you have that in a more authentic form.

Mr. WHARTON. I know the district attorney has offered it. I merely allude to it now in connection with other documents in the same book. We next offer the proclamation of Jefferson Davis dated April 17, 1861, which is the proclamation under which these letters of marque and reprisal were issued. That is to be found on page 302 of Upton’s work. That was followed two days afterwards by a second proclamation of the President of the United States dated April 19, 1861. Then followed the proclamation of President Lincoln of April 27 and then the proclamation of Commodore Pendergrast of April 30.

Judge CADWALADER. Notification you had better call that.

Mr. WHARTON. It is a notice of the blockade by Commodore Pendergrast on the 30th of April, referring to the President’s proclamation of the 27th, and therefore properly a notification undoubtedly. Then next in order is the proclamation of President Lincoln of the 3d of May. Next is the proclamation of Queen Victoria. We give that in evidence {p.105} to show the state of hostilities in the apprehension of the civilized powers of the world as existing between the so-called Confederate States of America and the United States of America. It is to be found on page 304 of Upton. The date is the 14th of May the district attorney tells me. Then I offer in evidence simply as proof of the facts I have just mentioned and other facts connected with the subject Twiss’ Law of Nations, the Loud on edition, published in the present year.

Judge CADWALADER. Would you not prefer reading that as authority in the course of the argument?

Mr. WHARTON. We offer it as historical evidence of a state of facts existing in this country. Your honors will see how it bears on the case as part of its general complexion showing the manner in which the state of things in this country is viewed by other nations. On pages 56 and 57 of Twiss’ work-I am now merely making an offer and describing what the offer is-will be found an historical statement of the occurrences in this country and the dates of the different secession ordinances of the States and of the Constitution of the so-called Confederate States. The provisions of these ordinances and this Constitution are historically mentioned and treated in this book and the facts alluded to as existing facts in the history of the world.

Judge GRIER. You may offer that book as the best evidence you can get of the dates of certain proclamations and certain ordinances of these men but we cannot receive as authority his opinion of the facts or the opinion of people in Europe who do not care a fig about the matter.

Mr. ASHTON. If I remember Twiss’ book aright it announces the fact that certain secession ordinances were passed at certain times.

Judge GRIER. We all know the fact that they were passed.

Mr. WHARTON. The secession ordinance of South Carolina is dated December 20, 1860. Then the Constitution of the so-called Confederate States of America for their Provisional Government is dated February 8, 1861. Then I offer this book as proof of the fact which perhaps could only be proved historically in some such way that Mr. Jefferson Davis, whose proclamation I have put in evidence, was inaugurated as President of the so-called Southern Confederacy on the 18th of February, 1861, prior to the date of the proclamation that I have given in evidence. I think the locality was Montgomery, Ala.

Mr. KELLEY. We agree that that book and the Rebellion Record may fix the date of the various secession ordinances.

Mr. HARRISON. If your honors please, there are sundry proclamations which were issued by the Southern Confederacy after its formation and some which were issued by the various States composing that Confederacy from time to time which I desire to offer. If your honors insist on our giving you a note of these documents regularly we must ask a little time in order to enable us to ransack this record and furnish the dates. It is proper for me to state that that would have been done and I would not stand here now offering this evidence in this wholesale manner but that I was under the impression that this record would be considered in evidence, to be taken up and referred to and Commented on by counsel on both sides in part or in whole as might be deemed necessary.

Judge CADWALADER. But you do not now ask to put it on that footing. You ask to put it in as evidence. It is very likely that if nothing had been said on the subject the counsel on both sides might have referred to this matter of public notoriety and conceded all that {p.106} you ask; but you desire with prudent caution to have the matter on which you rely particularly cited. It is to promote your own wishes, Mr. Harrison, that if you desire that you must make your offer particular.

Mr. KELLEY. I think that the opening of my learned brother (Mr. Ashton) exhibited just such a desire on our part and I tried to make my friend on the other side understand that such was our desire.

Judge GRIER. Counsel may refer historically to any book that shows the date when particular acts were done.

Mr. KELLEY. Originally we did not feel disposed to file an agreement that that might be done, and we do not now feel disposed to admit that that which is not legal evidence should be admitted; but we were disposed to take the great facts before the country from the best sources we could get them. I have myself relied largely upon this very Rebellion Record which is before us. Twiss’ book appears to have been compiled with great care; I mean as to its facts not as to its theories of law. As to its facts it seems to have the dates accurately.

Mr. WHARTON. I take it that when you refer in the course of a case historically to historical facts as bearing on the case you can only refer to them properly as matters of evidence bearing on the case; and as there seemed to be a little misapprehension between the other gentlemen in this case (in which I was not a partaker at all) I thought I would put our proposition in a formal shape by the offer of the evidence which has been received; and it seems to me to be enough to fill up the general outline of the case and then the other documents which are subsidiary, the acts of the different States, the warlike proclamations, &c., we may perhaps leave for reference as we go along.

Judge GRIER. They are matters of very little importance. You have the great facts.

Mr. WHARTON. We have the great fact of a government de facto in the South and especially the proclamation authorizing these letters of marque and reprisal; and as this was a charge of piracy that proclamation seemed to me to be the great document in the case.

Judge GRIER. Certainly enough to raise your defense.

Mr. WHARTON. Enough to raise the question whether this man is or is not a pirate or robber.

Mr. HARRISON. I am very sorry to be under the necessity of troubling your honors again, but I want to know and with the permission of your honors I intend to know how I shall stand when I come to sum up for the defense. I desire to know whether under the view announced by your honors now I shall be at liberty to comment on the sequestration and confiscation and militia laws of the Southern Confederacy as I shall find them laid down in this Rebellion Record. If I cannot have that permission without specially referring to them now I ask to be allowed a few moments until I can specify such portions of this book as I desire to refer to. I do not intend to be met again as I have been met to-day with objections that I did not anticipate.

Judge CADWALADER. I do not think you have met with any embarrassment.

Mr. HARRISON. Certainly not on the part of your honors.

Judge CADWALADER. Nor any from counsel that need cause you any difficulty. Although it would have been more convenient if these things had been prepared beforehand it is perfectly agreeable to the court that you should sit down now and take all the time you want to do what you suggest.

Mr. HARRISON. I will select the documents which I propose to offer.

{p.107}

Judge CADWALADER. If it is preferred the gentlemen can defer this part of the case until to-morrow morning.

Mr. HARRISON. That will be very satisfactory.

Judge CADWALADER. In the meantime you can go on with your oral testimony.

EDWARD ROCHFORD called and sworn and examined by Mr. HARRISON:

Question. Where were you born?

Question. In what State were you living when you joined the service of the Southern Confederacy?

Mr. ASHTON. Excuse me for interposing but it is proper for me to state to the court that this is one of the defendants who has been indicted for the same crime in another bill.

Judge CADWALADER Mr. Rochford, you will understand that you are not bound to answer any questions which may tend in any way to criminate yourself, as it is said you are also under charges. You understand that what you answer will be of your own free will and you will not injure yourself by being silent. If you choose not to answer there is no unfavorable inference against you. Do you understand me?

Mr. HARRISON. I am counsel for Mr. Rochford and would therefore hardly ask him a question in this case that would embarrass his defense. I am very much obliged to the Government though for its interposition. (To the witness.) Do you know of what State defendant William Smith was a resident?

Question. Has he or has he not been a resident of Savannah, Ga., for several years?

Question. He was a resident of Savannah at the time and before the commencement of the difficulties between Georgia and the Government of the United States?

Question. Do you know that fact?

Question. Are you acquainted with the prisoner’s family?

Question. Do you not know that he is a married man with a family?

Mr. KELLEY. One moment; I do not see the pertinency of this kind of examination.

Mr. HARRISON. We can argue that hereafter.

Judge GRIER. I suppose it does not make any difference whether he is married or not, but if the gentlemen think it of any importance let him ask it.

{p.108}

Mr. HARRISON. It may be important as showing that he had reasons for not desiring to submit to the confiscation or sequestration of his property. (To the witness.) Did you see Smith on board the Jeff. Davis?

Question. Who was the captain of the Jeff. Davis?

Question. State if you ever saw or heard the letters of marque and reprisal or what purported to be letters of marque and reprisal read to the crew of the Jeff. Davis.

Question. State when that occurred and in what way it was done.

Question. Did this letter purport to give an authority to the Jeff. Davis to make war upon the Government of the United States?

Mr. ASHTON. I object.

Mr. WHARTON. Suppose he states what he heard read.

Judge CADWALADER. That would be better.

Mr. WHARTON (to the witness). Just state what you heard read.

Mr. HARRISON. Was there any portion of the brig Jeff. Davis where the letters of marque or a copy thereof or a reference thereto was stuck up in a public place?

Question. Was it under that letter that Mr. Smith and the rest of the crew enlisted and served?

Mr. KELLEY. State only what you know.

Mr. WHARTON. Was smith there?

Mr. HARRISON. Now tell us if you know anything about the operation of the sequestration, confiscation and militia laws of the Southern Confederacy?

Mr. ASHTON. That I object to.

Mr. HARRISON. Let me put the question in a specific form and you can make a specific objection. (To the witness.) Can you state how far the militia laws of Georgia at the time of which we are speaking compelled persons to render either military or naval duty to the State of Georgia and to the Southern Confederacy?

Mr. ASHTON. We object to that.

Judge GRIER. I do not think a person unlearned in the law can be brought here to testify to the statutes of another country.

Mr. HARRISON. Your honors will see the point to which the question is put. I am not able to offer those laws because I have been cut off from all possibility of communicating with the only source from which they could be obtained.

Judge GRIER. You may speak historically of what everybody knows. Every one knows there has been great violence used down there, men compelled to enlist, &c.

{p.109}

Judge CADWALADER. What is it proposed to prove?

Mr. HARRISON. I simply desire to prove that according to the state of things existing in Georgia at the time in question all able-bodied men over the age of sixteen and under the age of sixty were required to render military or naval duty or to leave the country. That has a bearing materially on the point of duress, which is one of the points on which we purpose to rely in this case. I think when your honors consider the peculiar condition in which we are placed and the impossibility of our being able to offer these laws in a more authentic form and the material bearing they have on the quo animo of these parties you will conclude that we ought to be permitted to offer this testimony.

Mr. WHARTON. I will merely add to what my colleague has said in order to put it in a slightly different shape without by so doing interfering at all with the form of the question as he has put it, that we propose not so much to prove a foreign law by the testimony of a witness like the one at the stand as to prove the fact that by any law or without any law (and that is unimportant as bearing on the intention of this party), by the compulsion so to speak of those who administered the Government there, he and others were compelled to render military or naval service to the existing Government, whatever it was.

Judge CADWALADER. Mr. Harrison stated it differently. He said “or to leave the country.”

Mr. WHARTON. I include that in the mode of putting it.

Judge GRIER. If you could prove that the defendant was put on board the vessel by compulsion against his own will and served there as many a man has done on a pirate vessel contrary to his own will that would be directly to the point.

Mr. WHARTON. That is a strong statement of what would be within the same principle as what we propose to prove. I do not mean to put it exactly as a matter of fact in that shape that he was carried on board by compulsion. I do not mean that the offer of evidence goes to that extent; but what I do mean to offer is (not interfering at all with the point of view in which Mr. Harrison put it which stands on its own merits) that in the state of things existing in Georgia when this man was there he was compelled by those who administered the Government to render to that Government military service, and that as the alternative of not doing it he would be compelled to quit the country. How far that would in law amount to the sort of compulsion to which his honor has referred is of course a question for argument hereafter, but the state of facts we desire to put in evidence is that, and it seems to us to bear very strongly on the intention of the party in carrying on the particular kind of warfare to which he devoted himself.

Mr. KELLEY. May it please your honors if I understand the offer at all it is to prove that there was at some time in the State of Georgia a law which all these men may have participated in making, which they themselves may have brought about, which called upon every man to serve either in a certain army or navy on the painful alternative of leaving that State. I take it that that can have no bearing on this case. If the gentlemen proposed to prove that this man Smith was impressed, forcibly seized in the streets of Savannah or elsewhere, carried on board this vessel and there detained against his will that would be perfectly competent. But suppose that there even were proof before the court that there was such a law and that these men had opposed its passage it would not exclude (nor do I understand that there is a purpose to follow it up with the exclusion of) the alternative of leaving the State, it would not show that they were in any wise impressed; that they did not voluntarily choose the position they {p.110} assumed and acted upon when they captured the schooner Enchantress. I cannot see its relevancy. Even under all the liberal offers of the Government here as to what may be deemed testimony I cannot see that it is the best which could be offered. If it were at all pertinent, relevant or in any wise conclusive we should not object.

Judge CADWALADER. The question at present is not the effect of it but its competency. Mr. Harrison says if I understand him that he desires to prove that all able-bodied men in that country were required by law to render naval or military service or leave the country. Mr. Wharton adds, “We desire to prove that this man was in fact compelled to enter into military or naval service or leave the country.”

Mr. WHARTON. As an existing state of facts there where he was.

Judge CADWALADER. That is to say the existing state of facts produced the necessity. Is that what you mean?

Mr. WHARTON. Yes, sir.

Mr. ASHTON. I should like to know which offer is before the court; that of Mr. Harrison or that of Mr. Wharton?

Mr. WHARTON. Both.

Mr. HARRISON. I thought it was agreed that this was a case in which we were not to be very particular as to form?

Judge GRIER. I think we have got very wide already but this is extravagantly wide.

Mr. HARRISON. I respectfully submit that we may be able by this testimony to show such a state of facts as if not amounting to actual, positive physical force would at least amount to that degree of moral and legal force which would constitute that kind of duress-which would be a good legal defense to the accused here. That, however, is a question for argument hereafter and I do not propose to go into it now. I did suppose that under the peculiar state of things existing here, in view of the impossibility of getting copies of these laws, we should be allowed to show by a witness who knows the fact that these laws so far as they were susceptible of producing duress were brought to bear on the prisoner at the bar, and that under their influence he was induced to take the position which he did take at the time of the commission of the alleged offense.

Judge GRIER. A sort of moral duress.

Mr. HARRISON. Something more than that. If this man’s home and property lay South he may not have been able to afford to leave them. It may have been impossible for him without an absolute sacrifice of everything to leave the country in which he lived, and to which as we shall contend before your honors he owed at least an involuntary if not a voluntary allegiance. How are we to get the benefit of this point? It is an important point in the case.

Judge GRIER. You might more justifiably I think plead the total insanity of the people in the South altogether. The question was once asked whether a nation could be insane as well as an individual. I have no doubt it can. You might as well set up national insanity. If, however, my brother Cadwalader has any doubt about it your question shall be admitted.

Mr. HARRISON. I hope your honors will give us the benefit of that doubt.

Judge GRIER. I do not know that he has any.

Judge CADWALADER. I am of opinion that this witness is not competent to testify as to the law of Georgia. When a question is put tending to prove any particular fact that occurred it will be time enough to consider its competency.

{p.111}

Mr. WHARTON. Then I will put the question in the modified shape I suggested, whether at the time in question-the defendant was not in point of fact compelled to render military service to the existing Government of the place where he was under pain of being turned out of the country if he did not.

Judge GRIER. It seems to me that that is only the previous question generalized a little so as to get clear of the particular facts on which it was rejected. It is only asking his opinion of a fact. I observe that it was very nicely put.

Mr. WHARTON. May it please your honors, it is very difficult to view broad facts such as national facts without incorporating matters of opinion into the view of those facts. It is not like the question put by my colleague which your honors overruled as to the existence of particular facts in certain figures written as a statute law. You prove the existence of a certain public statute; there is no matter of opinion or conjecture about it. But when you deal with great political facts it is different. Take for example the fact of an insurrection in the Southern country. That necessarily involves matter of opinion. Upon that state of facts we have in evidence the opinion of the President of the United States as shown in his proclamations. He has stated that a rebellion and insurrection existed within certain territorial limits. That is partly a matter of opinion; perhaps on the part of the President altogether so, because derived from the information of others. He was not there; he did not see the assembling of armed men and the commencement of belligerent operations. Those great national facts which are shown in that way are of themselves necessarily in a great measure matters of opinion or judgment. That is in the case already, and all that I propose to ask of this witness now is whether the state of things was not such that in point of fact the prisoner at the bar was compelled to render military service to the existing Government. He will tell us exactly what he knows on that subject, and what the state of public opinion and of action there was in reference to this sort of conduct. I agree that it is partly compounded of the opinion of the witness, but I respectfully submit that that does not exclude it from the character of legal testimony in the ease.

Judge GRIER. It strikes me that this is only inserting the words “in point of fact” in the previous question in order to get the opinion of the witness. If there is a great insurrection on this theory may not every fellow say, “I had to go with them; there was so much violence and excitement that I was forced to act with them,” and thus may not the whole hundred or hundred thousand escape?

Mr. WHARTON. I submit that that is the only way you can deal with communities, and it is just that concentrated action which gives character to the act; gives it publicity in fact. To refer to an analogy which was suggested by one of the judges on the bench in the ease of insanity it is very easy for a man to counterfeit or feign insanity so as to impress his neighbors and those who are conversant with him with the conviction that he is insane; but when you call a witness to testify as to the state of mind of another it is not an objection to his-testifying to the fact that it is possible the whole of it may be feigned. I respectfully submit therefore that although these questions do involve to a certain extent matter of opinion that does not deprive them of the character of legal evidence. We cannot get at the fact of an existing law in Georgia I presume by any mode known to the laws of the United States. That is one of the facts in the case which we cannot get over.

{p.112}

Mr. ASHTON. It is one of the enormities.

Mr. WHARTON. It may be one of the enormities of the conduct of others under whose enormity of conduct this defendant may be now suffering. I suggest that if a state of things existed at that time in the Southern country to induce the conduct complained of on the part of this defendant he cannot be tainted with the imputation of that general spirit of plundering all mankind which is an essential composition in the character of a pirate or sea robber. It is all as bearing on that that this testimony is offered and I respectfully submit that in that shape the question may be properly put.

Mr. HARRISON. There is, if the court please, another point of view in which this testimony it seems to me may be properly admitted. This is clearly a case where the party having shown the impossibility of obtaining that primary evidence which would alone be admissible if the circumstances of the case had allowed it, is justified in law in introducing that secondary evidence of which the case is susceptible. Have we not strictly brought ourselves within that rule of law which entitles us here to introduce before your honors and the jury as secondary evidence the only possible proof in our power of the existence and character of the statute of Georgia? We are unable to obtain a certified copy from the State of Georgia. Every effort has been made to obtain it. More than twice have I written for the purpose of getting a full and authentic copy of all these documents, and I have been disappointed in obtaining them in consequence of the impossibility of holding any postal communication with the Southern authorities or any portion of the Southern Confederacy. I submit to your honors whether upon that principle which authorizes the introduction of secondary evidence where primary evidence is unattainable we are not entitled to ask this witness whether there is not in the State of Georgia a law of the description I have indicated and whether its character is not of the purport which is embodied in the question before your honors?

Judge CADWALADER. In view of the statement of the opening counsel for the defense (Mr. O’Neill) and of the argument on the question of evidence already decided I think this question cannot be put unless it is proposed to prove some fact of actual compulsion exercised as to the defendant in particular or as to the crew of which he was one.

Judge GRIER. My colleague has correctly stated the law.

Judge CADWALADER. I desire in this stage of the cause to avoid as far as possible discussing the legal effect of these questions. I would merely remind the counsel of the decisions as to what shall constitute compulsion under such circumstances, particularly the cases of the Scotch Highlanders which were very strong cases.

Mr. HARRISON. Will your honors excuse me for putting the question in another shape?

Judge CADWALADER. That is what I rather meant to invite.

Mr. HARRISON. I will put it in this form: At the time the prisoner entered into the service of the privateer Jeff. Davis what was the law of Georgia in regard to military and naval duty to the Southern Confederacy?

Judge GRIER. That is more objectionable.

Mr. KELLEY. Allow me to suggest a question of fact that may obviate all this difficulty and that is to learn whether this man joined the ship in the State of Georgia. That has not been shown yet.

Mr. WHARTON (to the witness). Mr. Rochford, where did Smith join the Jeff. Davis?

{p.113}

Mr. WHARTON. You have spoken of the reading of the letters of marque in the hearing of the crew.

Question. Did you leave the port of Charleston, and Smith with you, under those letters after their reading?

Question. I want to know whether those letters made the contract between the men and the commander under which they entered into service?

Question. At what time did Smith leave there?

Judge CADWALADER. I thought you said he joined at Savannah.

Mr. HARRISON. Where were you taken after you were captured by the Albatross?

Question. How long did you lay at anchor in Hampton Roads?

Mr. WHARTON. Were you taken up the Potomac, Smith with you?

Mr. HARRISON. How far from Virginia shore at Old Point were you at anchor?

Question. When you got to the mouth of the Potomac how far from the Virginia shore were you?

Question. Where did you go when you left the mouth of the Potomac?

Question. Then you anchored twice at Hampton Roads?

Question. How long did you remain at anchor at Hampton Roads the second time?

Question. Whilst you were at anchor at Hampton Roads did the Albatross have communication with the land by boats?

Question. Did boats pass backward and forward from the ship the shore?

{p.114}

Mr. WHARTON. Will you state if you please what was done with Smith when he was first taken by the Albatross?

Question. Is that a warm place?

Mr. EARLE. What is the relevancy of this?

Mr. WHARTON. It rather expands the evidence in regard to the arrest which was made a point by the Government.

Judge GRIER. I see nothing in it. What has it to do with the case?.

Mr. WHARTON. Perhaps I can indicate some connection.

Judge GRIER. Very well.

Mr. WHARTON. The indictment contains an averment that this defendant was first brought into this district and was apprehended here. In order to prove that averment in the indictment the Government brought up the deputy marshal to show that he took a warrant to the navy-yard and arrested him there. Our purpose is to show that he had been arrested and put in irons long theretofore. We propose to show that he was not first brought into this district but into another district.

Judge GRIER. What have the handcuffs to do with it? If he had been taken to Baltimore and landed or to any other place and landed there might be something in your point, but it is not affected by the fact that a naval officer put irons on a man charged with piracy.

Mr. WHARTON. The word is “apprehended,” not “arrested.”

Judge CADWALADER. That is the alternative, but the jurisdiction is not vested by the United States in this case on the place where the person was apprehended but on the district into which he was brought. He was on board the Albatross I suppose as a prisoner of war, and from that custody as I understand the tendency of the testimony he was handed over to the civil authorities. The question then is whether the court has jurisdiction. There are two alternatives as to the jurisdiction; one depending on the place where the man is apprehended, which we will not prejudge the point by saying does not apply to a capture of this sort but may not apply to it, and the other depending on the district into which he is first brought. Now how is either of those points affected by the manner in which he was treated while in custody?

Mr. WHARTON. The particular mode of treatment is perhaps not so important upon the legal question, but as there was some testimony from the witnesses of the Government with respect to the condition of the party this was intended to show the point of time from which that condition should date. I shall not press it.

Mr. HARRISON. I do not know how far we shall be at liberty to avail ourselves of any objection to the rulings of your honors on any point in this case, but still I respectfully ask that your honors will note our objections to the points which have been raised and overruled.

Judges GRIER and CADWALADER. Certainly.

Mr. WHARTON (to the witness). Mr. Rochford, at the time and before the period of Smith’s shipping on board the Jeff. Davis were the U. S. courts open in Savannah and Charleston?

Mr. KELLEY. Stop. We object to that.

Judge GRIER. It is a fact that every one knows. The proclamations of the President show it.

{p.115}

Mr. WHARTON. The witness says that in point of fact the courts were not open and the U. S. officers were not performing their functions there.

Judge GRIER. The judges had resigned before that time in both South Carolina and Georgia.

Mr. WHARTON (to the witness). How long had you known Smith either personally or by reputation before you started in June on this voyage?

Question. Did you consort with him so as to know about him.

Question. Had he a fixed home there?

Question. You have stated that he was a pilot. Was that his regular occupation?

Question. What was his reputation; that of an orderly, quiet, law-abiding citizen or otherwise?

Question. Was he a peaceable, quiet man?

Question. You have heard others speak of him?

Question. Was that the manner in which he was held and reputed by people generally about the town?

Cross-examined by Mr. ASHTON:

Question. Was Smith on board the Jeff. Davis when you went on board?

Question. Do you happen to recollect what day of the month it was and in what month?

Question. In what capacity did you find Smith on board that ship?

Question. What were the duties of that office?

Question. What day did the vessel leave Charleston Harbor?

Question. Then from the 8th of June to the 28th of June Smith was on board that vessel in the harbor of Charleston?

{p.116}

Question. Was William Smith in confinement on board the ship during that time?

Mr. ASHTON. I mean physical restraint of any kind. Was he confined in the cabin?

Question. Were the officers allowed to go on shore?

Question. Were the ordinary sailors of the vessel allowed to go on shore?

Question. During the days the vessel lay as you have stated in Charleston do you or do you not know that William Smith went ashore?

Question. Do you know that he did not go ashore?

Question. But you do not say positively that he did not go ashore?

Question. Was the letter that you spoke of as having been read on board the. Jeff. Davis read in the harbor of Charleston during your stay there?

Question. Did that proclamation or any announcement made on board the vessel during this time speak of the prize money that you were to get?

Question. Was there any arrangement in regard to prize money?

Question. What proportion of prize money were the men on board the Jeff. Davis to get?

Question. Then the boatswain was to get more than the common sailor?

Question. How long were you going from Charleston to Savannah?

Question. How long did you lie in the harbor of Savannah?

{p.117}

Question. Was that document read in Charleston or Savannah?

Question. Where did you go when you left Charleston?

Question. When did the vessel go from Savannah to Charleston?

Mr. ASHTON. I thought you said you joined her at Savannah?

Question. You saw Smith on board the Jeff. Davis on the 8th of June; where did you see him last before you saw him then?

Question. How long before?

Question. You were in Savannah on the 5th or 6th of June, and on the 8th you went from Savannah to Charleston?

Question. So far as you know then William Smith went from Savannah to Charleston voluntarily?

Mr. ASHTON. Never mind about the laws.

Mr. WHARTON. The gentleman asks whether he went voluntarily. We are entitled to the answer.

Judge GRIER. The counsel has a right to put the questions as he pleases but the witness has a right to answer.

Mr. ASHTON. I withdraw the question.

Mr. HARRISON. I object to its being withdrawn after the witness has commenced to answer it.

Mr. WHARTON. It seems to me it is part of the proper answer to the question to show how he went and why he went.

Judge CADWALADER. After the full warning which the early examination gave as to the tendency of this question I think it ought to have been withdrawn before it was withdrawn or else the witness ought to be allowed to complete his answer. I suppose that in strictness the counsel for the United States can withdraw the question though it may have been partly answered. At the same time as it was put advisedly after the full nature of the subject had been developed and discussed I think it would be taking a very strict advantage of their legal right not to allow the question to be answered.

Judge GRIER (to the witness). You said he was compelled to go. Give us the full answer.

Mr. ASHTON. Mr. Rochford, did you see anybody take him from Savannah to Charleston?

Judge GRIER. And from that you concluded he was compelled?

Judge GRIER. Oh, never mind.

{p.118}

By Mr. KELLEY:

Question. I understood you to say that Smith joined this vessel at Savannah?

Question. You mean that he shipped in Savannah?

Question. And he went to Charleston by railroad?

Question. Did the whole crew go together?

Question. Are you a citizen of the United States? Have you ever been naturalized?

DANIEL MULLINGS called and sworn and examined by Mr. HARRISON:

Question. Of what place are you a native?

Question. Are you acquainted with the defendant Smith?

Question. Of what State is he a native?

Question. How long has he been a citizen of Savannah?

Question. Then he has been a resident of Savannah for several years to your knowledge?

Question. Was he a resident of Georgia at the time of the passage of the secession ordinance of Georgia and the formation of the Southern Confederacy?

Question. Was he a housekeeper and the head of a family in Savannah?

Question. What was his occupation?

By Mr. WHARTON:

Question. Does it not require previous training and education to become a full branch pilot?

Question. According to the draft of water of the vessels you pilot?

{p.119}

Question. How far is sobriety a necessary quality?

Question. How far is honesty requisite?

Question. You knew him in his occupation and profession as a pilot?

Question. What did people generally say of him who knew him?

Question. How was he reputed generally; how did he stand with his neighbors, with those who knew him?

Question. He was a peaceable, quiet man?

Question. Were you acquainted with his family in Savannah?

Question. Had he parents or grandparents living?

Mr. KELLEY. He had them some time no doubt.

Mr. WHARTON. I do not want to go too far, but to show that the man had connections there.

No cross-examination.}

Mr. HARRISON. We are through with our oral testimony, but I understood your honors to allow us until to-morrow to make a note of the various documents to be referred to.

Judge GRIER. I suppose so far as matters of history are concerned such as the dates of the various secession acts of the States you can take them from any book you please.

Mr. WHARTON. We should like to put these matters in as evidence so that the history may be fixed here.

Judge GRIER. Make a brief in writing of the documents you want in and hand it to us in the morning. Have we the case on both sides?

Judge CADWALADER. Is there any rebutting testimony for the prosecution?

Mr. ASHTON. No, sir.

The court adjourned till to-morrow.

THURSDAY, October 24, 1861.

Mr. Harrison offered the list of documents alluded to yesterday, viz: Proclamation of marque and reprisal of President Davis, of the Confederate States; the Constitution of the Confederate States; the inaugural address of President Davis; a synopsis of the C. S. Army bill; the secession ordinances of South Carolina, Alabama, Georgia, Louisiana, Florida, Mississippi, Texas, Virginia, Tennessee, Arkansas and North Carolina respectively; the act of the Confederate Congress of May 6, 1861, recognizing a state of war between the United States and the Confederate States; President Davis’ message to the Confederate Congress, April 29, 1861; instructions for privateers by order of the

{p.120}

President of the Confederate States, and the proclamations of Governor Letcher, of Virginia, and Governor Ellis, of North Carolina, as contained in Moore’s Rebellion Record.

Judge GRIER. These papers are not received as evidence of any fact except the fact of their own existence.

...

FRIDAY, October 25, 1861.

Judge Grier proceeded to charge the jury,* whereupon the jury retired and after an absence of three-quarters of an hour returned and rendered a verdict of guilty.

On the 28th of October the counsel for the prisoner moved for a new trial and in arrest of judgment and filed the following reasons therefor to be argued hereafter:

1. Because the court answered in the negative and overruled the six several points of law presented on the trial of this cause to the learned judges for their opinion and instruction thereon to the jury.

2. Because the court should have affirmed severally the said six points of law presented as aforesaid and should have charged that the same severally were correct and sound in law.

3. Because one of the learned judges charged the jury “that the existence of the present civil war for the purpose of suppressing a rebellion” was conclusive evidence that the so-called Southern Confederacy was not an existing State acknowledged by the United States, and consequently that the court could view the defendant only as a pirate and a robber.

4. Because one of the learned judges charged that in order to render the doctrine or points of law relied on by the defendant’s counsel applicable or correct it was necessary that the so-called Southern Confederacy should have been or be established and maintained in peace for a definite period subsequent to the hostile revolution in which it had originated, which the said judge charged was not the case.

5. Because the court charged that there was no evidence of any duress which in law would exonerate the defendant from the offense laid in the indictment.

6. Because any length of time longer than is actually consumed in enabling a government to exercise exclusive jurisdiction and control over the people within its territorial limits is not necessary by the law of nations to constitute the same a government de facto and that it matters not whether the establishment of such a government be brought about or maintained by force of arms or otherwise.

7. Because the commission under which the defendant acted exonerated him from the crime of piracy with which he stood charged.

8. Because the defendant was not first brought into this district but on the contrary into the eastern district of Virginia.

9. Because the defendant was not first apprehended in the eastern district of Pennsylvania.

10. Because if the defendant in doing the act-wherewith he is charged acted in good faith under a commission which he supposed to be valid he ought to have been acquitted.

11. Because the verdict is against the law.

12. Because the verdict is against the evidence.

In arrest of judgment: Because the indictment avers that the defendant was first brought into this district and was apprehended here.

{p.121}

On the 28th of October Thomas Quigley, Edward Rochford and Daniel Mullings, of the crew of the Jeff. Davis, were arraigned on the charge of piracy and pleaded “not guilty.” A jury was impaneled and the trial continued till 6 o’clock the next day when they were found guilty.

On the 29th of October the case of Eben Lane, the only remaining prisoner of the crew of the Jeff. Davis, was submitted to the jury without any evidence on the part of the Government and he was found not guilty. It was alleged that Lane who had charge of steering the Enchantress as one of the prize crew steered south in daytime and north by night when he was not observed, thereby keeping her longer on the ocean and conducing to her capture.

* Omitted.

–––

GENERAL ORDERS, No. 90.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, October 28, 1861.

The following plan for paying to the families of officers and soldiers in the service of the United States who are or may become prisoners of war sums due them by the Government having been approved by the President it is published for the information of all concerned:

Payment will be made to persons presenting a written authority from a prisoner to draw his pay; or without such authority to his wife, the guardian of his minor children or his widowed mother in the order named.

Application for such pay must be made to the senior paymaster of the district in which the regiment of the prisoner is serving, and must be accompanied by the certificate of a judge of a court of the United States, of a district attorney of the United States or of some other party under the seal of a court of record of the State in which the applicant is a resident setting forth that the said applicant is the wife of the prisoner, the guardian of his children or his widowed mother, and if occupying either of the last two relationships toward him that there is no one in existence who is more nearly related according to the above classification.

Payments will be made to parties thus authorized and identified on their receipts made out in the manner that would be required of the prisoner himself, at least one month’s pay being in all cases retained by the United States. The officer making the payment will see that it is entered on the last previous muster-roll for the payment of the prisoner’s company, or will report if those rolls are not in his possession to the senior paymaster of the district, who will either attend to the entry or give notice of the payment to the Paymaster-General if the rolls have been forwarded to his office.

By order:

L. THOMAS, Adjutant-General.

–––

SPECIAL ORDERS, No. 284.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, October 23, 1861.

...

2, Lieut. Col. William Hoffman, Eighth Infantry, is detailed for duty as Commissary-General of Prisoners, and will report to the Quartermaster-General for instructions. This detail dates from the 7th instant.

...

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

{p.122}

–––

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

COMMANDING OFFICER WESTERN DEPARTMENT, Saint Louis, Mo.:

General Scott says take steps to have Maj. I. Lynde, Seventh Infantry, detained under strict arrest at Jefferson Barracks on his arrival at Fort Leavenworth and report the execution of this order to this office.

[E. D. TOWNSEND,] Assistant Adjutant-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, October 23, 1861.

Maj. Gen. JOHN E. WOOL, U. S. Army, Commanding Department of Virginia, Fortress Monroe.

SIR: I beg to request that you will give a free passage to Baltimore to the following men taken from the English schooner Alert, seized for violating the blockade off Charleston, S. C., viz, James Carlin, Charles R. Carlin, Robert Roberts, Joseph Brown. Their vessel is now before the U. S. court at Baltimore and they desire to go there to attend the trial.

Respectfully, your obedient servant,

L. M. GOLDSBOROUGH, Flag-Officer.

–––

SPECIAL ORDERS, No. 288.}

WAR DEPT., ADJT. GENERAL’S OFFICE, Washington, October 26, 1861.

...

VI. First Lieut. E. W. H. Read, Eighth Infantry, is detailed for duty as commissary and quartermaster to the command of Lieut. Col. William Hoffman, Eighth Infantry, Commissary [-General] of Prisoners, and will immediately report to that officer in the city of New York.

...

By order:

L. THOMAS, Adjutant-General.

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

Col. J. DIMICK, U. S. Army, Boston, Mass.:

General Scott says take part of a regiment now forming till the guard is ready. Orders will go by mail to-day to Colonel Loomis for transfer of prisoners. Be ready to receive them. Acknowledge this by telegraph.

E. D. TOWNSEND, Assistant Adjutant-General.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, October 26, 1861.

Lieut. Col. WILLIAM HOFFMAN, Eighth Regiment Infantry, U. S. Army, Washington, D. C.

SIR: You will proceed at once to establish a depot for prisoners of war on Johnson’s Island, in Sandusky Bay, according to the plans which you {p.123} have submitted. In all that is done the strictest economy consistent with security and proper welfare of the prisoners must be observed. For the present you will establish your headquarters in New York City, and you will make such visits to the different posts where prisoners are now held as may be necessary to ascertain their condition, and supply their immediate wants in such things as are indispensably necessary. As far as practicable they must be required to furnish their own clothing, and to provide themselves the means for this purpose they may be permitted to engage in any occupation which they can make profitable and which will not interfere with their safe-keeping. The regulations describe the treatment and the allowance of prisoners. For any issues not provided in the regulations the authority of the Secretary of War will be necessary. The quartermaster assigned to you will under your direction make requisitions for the necessary funds.

Trusting much to your discretion and knowledge, and believing that your appointment will alleviate the hardship of confinement to these erring men,

I remain, very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

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WAR DEPARTMENT, Washington, October 29, 1861.

His Excellency Governor DENNISON, Governor of Ohio.

SIR: I have the honor to request that you will raise for the service of the United States a select company of volunteers for duty as a guard for the depot for prisoners of war about to be established near Sandusky, Ohio. Lieutenant-Colonel Hoffman, Eighth Infantry, U. S. Army, an officer of long experience, has been detailed as Commissary-General of Prisoners and will take command of the depot. It is therefore desired that you will afford Colonel Hoffman an opportunity for consultation with you in regard to the appointment of the officers and the selection of the men necessary for the execution of this important trust.

I am, sir, with very great respect,

SIMON CAMERON, Secretary of War.

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ADJUTANT-GENERAL’S OFFICE, Washington, October 29, 1861.

Lieut. Col. WILLIAM HOFFMAN, Eighth Infantry, U. S. Army, No. 30 Clinton Place, N. Y.

COLONEL: In reply to your letter of the 26th instant I am directed to say that a requisition has been made on the Governor of Ohio for a select company of volunteers for service as a guard for the depot of Prisoners of war near Sandusky and that he has been requested to confer with you in regard to the appointment of officers and the selection of men for this important trust. In accordance with your request authority is granted to you to provide such clothing and bedding as may be absolutely necessary for the comfort and health of the prisoners.

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

L. THOMAS, Adjutant-General.

{p.124}

–––

EXECUTIVE DEPARTMENT, Columbus, Ohio, November 1, 1861.

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

DEAR SIR: I have the honor to acknowledge the receipt of your letter of the 29th ultimo and in reply beg to say that I will cheerfully comply with your request to raise for the service of the United States a select company of volunteers for duty as a guard for the depot for prisoners of war about to be established near Sandusky, in this State. It will give me pleasure to consult with Colonel Hoffman in regard to the appointment of officers and the selection of men for the duty, and will delay all action in respect to raising the company until I may see him. How soon will he be here?

Respectfully, yours,

W. DENNISON.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 1, 1861.

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

SIR: Inclosed herewith I have the honor to inclose thirteen certificates* of disability for a like number of the party of our wounded lately sent from Richmond, Va., and now in the hospital at this place. These men are now able to travel and anxious to proceed to their homes which I intend permitting them to do. All the information concerning them necessary to assist the captains of their respective companies in making out their final statements, surgeons’ certificates of nature and degree of disability is sent herewith, also the address of each. I have not ordered their discharge, leaving that to the discretion of the War Department, when their final statements can be made out.

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

[JOHN E. WOOL], Major-General.

* Not found.

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HEADQUARTERS, Fort Leavenworth, November 1, 1861.

ADJUTANT-GENERAL, HEADQUARTERS OF THE ARMY, Washington, D. C.

SIR: I have the honor to report that Maj. Isaac Lynde, Seventh Infantry, U. S. Army, has been placed in strict arrest and to inclose a report* from Capt. J. H. Potter, commanding Seventh Infantry; also a copy of my instructions* to him upon this subject. Respectfully, your obedient servant,

W. E. PRINCE, Captain, First Infantry, Commanding.

* Omitted.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York City, November 1, 1861.

Lieut. E. W. H. READ, Eighth Infantry, Troy, N. Y.

SIR: Having been designated as quartermaster and commissary of the depot of prisoners of war about to be established near Sandusky, {p.125} Ohio, you will proceed immediately to that city and await further orders.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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DEPARTMENT OF STATE, Washington, November 2, 1861.

Col. G. LOOMIS, Fort Columbus, N. Y.

COLONEL: Your letter without date remitting the oath of F. V. Hoskins has been received. In answer to your suggestion that permission be granted to Mr. Hoskins to return to North Carolina I have to state that no communication is permitted at the present time with the insurrectionary States.

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

F. W. SEWARD, Assistant Secretary.

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NEW YORK, November 4, 1861.

Major-General MCCLELLAN:

Ask President for leave to send officer with flag of truce across hues and get permission to supply all our officers and soldiers now prisoners with clothing and blankets.

WILLIAM H. SEWARD.

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DEPARTMENT OF STATE, Washington, November 4, 1861.

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

GENERAL: Your communication of the 1st instant, inclosing a letter addressed as follows: “Col. William F. Martin, Seventh [Seventeenth] Infantry, North Carolina Volunteers, prisoner of war, Governor’s Island, N. Y.,” has been duly received, and the inclosure will be transmitted to Mr. Martin. In reply to your inquiry “whether in similar cases it would be proper to send them to you (me) or direct to the prisoners,” I think it advisable that all such communications should be forwarded to this Department.

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

F. W. SEWARD, Acting Secretary.

–––

HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., November 4, 1861.

Maj. Gen. B. HUGER, Commanding Department of Norfolk, Va.

GENERAL: I send herewith by flag of truce and commend to your courtesy and care Mrs. Mary P. Dimitry, her daughters Mary E. and Matilda, her sons Alexander, Robert, Thomas and Ernest, and a white nurse; Mrs. Mary White and five children, the oldest boy being eleven years of age; Miss Mary K. Ellis, Mr. Frederick Pinckney and his wife Sophia Pinckney. I also send under cover to you two packages, one containing three letters with $12 in gold inclosed therein and addressed {p.126} respectively to J. C. Barnes, A. F. Smith, and John R. Heywood; the other package contains letters for prisoners and others in the South.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

–––

WAR DEPARTMENT, Washington, November 5, 1861.

Maj. Gen. JOHN E. WOOL, Commanding, Fort Monroe.

GENERAL: You will on receipt of this letter adopt such measures as may be necessary to send a staff officer with a flag of truce across the lines to ascertain from the enemy whether they will permit supplies of clothing, blankets and other articles to be sent to our men now prisoners of war. Please report results at the earliest date practicable.

Very respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

–––

FORT HAMILTON, November 5, 1861.

Hon. WILLIAM H. SEWARD.

SIR: Colonel Dimick, commanding Fort Warren, says the prisoners now at his post are very much in want of the furniture used by them and furnished by the Government at Fort Lafayette. Shall I send it?

MARTIN BURKE, Lieutenant-Colonel, Commanding.

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DEPARTMENT OF STATE, Washington, November 6, 1861.

Maj. L. C. TURNER, Judge-Advocate.

MAJOR: Your letter of this date in relation to the case of Washington Barrow has been duly received. In reply I have to inform you that Mr. Barrow was not arrested upon orders from this Department, and in regard to his application for a parole the Secretary of State suggests that it would be well to consult His Excellency Andrew Johnson, military governor of Tennessee, by whom it is understood the arrest was made.

I am, &c.,

F. W. SEWARD.

–––

CURWENSVILLE, CLEARFIELD COUNTY, PA., November 6, 1861.

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

DEAR SIR: A good deal is being said in the county in relation to the course pursued by the Government at Washington in the matter of the exchange of prisoners with the rebels or Confederates or whatever they may be called. Public opinion demands some other course and will expect some method-some plan adopted by which an exchange can be made. If you can conquer the rebels, crush the rebellion, the acknowledgment of the Confederacy so far as to get an exchange would amount to nothing; on the other hand if you cannot whip them your refusal to exchange would none the less prevent them from obtaining the end sought-their separation from the Union. Only conquer {p.127} the rebels and all these acknowledgments go for nothing. The trial in Philadelphia of these men seems like a farce. See Judge Grier in the slip inclosed.

I have a son who raised a company here and is captain of the same, now in Colonel Biddle’s regiment Pennsylvania Reserves. I have other friends and relatives in the same regiment none of [whom are] yet prisoners, or were not up to the latest dates I have. Yet I feel for those of our Army, no matter who they may be or from what State, who are now suffering in Southern prisons and who risked their lives and liberty in support of a Government that up to this time has made no effort to have them restored to their homes and friends. I do most sincerely hope that the Government will at once take the most direct course to get an exchange.

Forms, ceremonies, red tape and circumlocution amount to nothing. Whip the rebels and your exchange of prisoners will not avail them any as an acknowledgment. If you don’t whip them your refusal to exchange will in no way benefit you nor encourage the hearts or strengthen the hands of those who are now fighting the battles of the Union.

Very respectfully, yours,

WM. IRVIN.

P. S.-It is my opinion that so long as this Government will hold reunion with slavery and return slaves to bondage we cannot prosper in this war. Cut loose then from the accursed thing as soon as possible.

Yours,

W. I.

[Inclosure-Extract from the Philadelphia Bulletin.]

Mr. Ashton, assistant U. S. district attorney, called the case for trial, when Mr. Harrison, counsel or the prisoners, stated that he had understood from Mr. Ashton that the cases would not be called for trial until Monday next. On the faith of that understanding no preparation had been made for the trial. Another reason in favor of a postponement was that Mr. Wharton was engaged in the other courts and could not be present.

Mr. Ashton was disposed to press the case, whereupon Judge Grier said he did not feel inclined to consent to have the regular business of the court interrupted at this time by the trials of these prisoners when no good result could be effected. It seemed to him like a farce to try these men at this time while the country was plunged in a civil war. The dictates of humanity would counsel the Government or its representatives to treat its captives on sea the same as those taken on land. He could not understand why men taken on the sea were to be hanged while those captured on land were to be held as prisoners or released.

Let the rebellion be crushed and God grant that it may be speedily and then these men might be tried for treason or piracy and he would assist no matter how much they call him a Jeffreys or a Scroggs.

The counsel for the Government gave notice that the cases would be taken up for trial on Monday next.

–––

FORT WARREN, Boston Harbor, November 6, 1861.

Hon. SIMON CAMERON, Secretary of War of the United States.

DEAR SIR: I ask that you will allow me to go to my home in North Carolina upon my parole not to bear arms against the United States

{p.128}

Government until discharged by this Government from the pledge by exchange or otherwise.

I am major of the Seventh [Seventeenth] Regiment Infantry North Carolina Volunteers. The period of my enlistment was for twelve months and expires on the 3d of May next. I will undertake to procure the discharge of some prisoner of my rank now held by the Southern Government. I did not leave my own State to do military service, but was stationed at my own solicitation upon our coast. My anxious desire to be with my sorrowing wife and only infant son alone induces this application.

Most respectfully,

H. A. GILLIAM.

–––

[NOVEMBER 7, 1861.-For correspondence between Generals Stone and Evans relative to flag of truce for benefit of wounded Union prisoners at Leesburg, see Series I, Vol. V, pp. 305-307.]

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 8, 1861.

Col. J. DIMICK, U. S. Army, Commanding Fort Warren, Boston, Mass.

COLONEL: In accordance with directions from the Secretary of War the General-in-Chief desires you to forward a list of 250 names of prisoners of war now confined at Fort Warren, from which selection may be made with a view to their release on parole. The list will embrace officers as well as privates and will be made from the most feeble and infirm and from those who have families dependent upon them for support.

It will be proper not to make known the substance of this communication until final decision is made on the subject, of which you will be duly advised.

I am, colonel, &c.,

J. P. GARESCHÉ, Assistant Adjutant-General.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 8, 1861.

Col. JUSTIN DIMICK, U. S. Army, Commanding Fort Warren, Boston, Mass.

COLONEL: The General-in-Chief directs that you prepare and transmit to this office a roll of the prisoners of war in your charge, giving beside the name the rank, probable age and physical condition-whether robust or otherwise-of each individual and any other facts which might influence the Department in selecting persons to be released or exchanged.

I am, &c.,

J. P. GARESCHÉ, Assistant Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., November 8, 1861.

Maj. Gen. B. HUGER, Commanding at Norfolk.

SIR: It is desirable and the request of many of the friends of the prisoners of the United States at Richmond to send them clothing, blankets and other articles necessary for their comfort. Will you do {p.129} me the favor to ascertain whether your Government will allow the articles to be sent, and if permitted under what circumstances.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 8, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: In reply to your note of yesterday* by flag of truce I beg to say that your favor of the 19th ultimo was received and duly referred, and also that I am not instructed or authorized by the Government to make an exchange of prisoners on any terms.

It was owing to a friendship for Lieutenant Worden and a consequent desire to procure his release (whose case is a hard one) and to a presumption of a like feeling on your part for Lieutenant Sharp that I ventured to propose a mutual release, confident that the Government would not disapprove my action and believing that these acts of kindness would lead to friendly and humane results.

As things stand I can now only say to you as between ourselves that if you will allow Lieutenant Worden to come to me I pledge myself that he shall either return to you within a fortnight or else that I will give you Lieutenant Sharp in his stead, saving the contingency of serious illness or death. In any event if Lieutenant Worden is not returned to you and Lieutenant Sharp cannot be restored agreeably to the time indicated owing to illness or death you shall have another one of the prisoners of equal rank in lieu of the latter if you wish it.

I avail of this opportunity to thank you for your kind letter with regard to Mr. Hale, and to say that of his departure and purpose I had already been fully apprised. I may add that the information he pretended to convey is of no consequence to us whatever.

Very respectfully, your obedient servant,

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

* Not found.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, November 10, 1861.

Col. J. SYMINGTON, Commanding Allegheny Arsenal, Pittsburg, Pa.

COLONEL: I am erecting as part of the depot for prisoners of war near this city two block-houses which I propose to arm with a 12-pounder howitzer each. I propose to mount the gun on a casemate carriage with chassis, or of that style such as I believe are made by the Ordnance Department, so arranged that the gun may be transferred from One port hole to another. Will you be kind enough to give me the dimensions of such a carriage with a little plan of it, if it is not too much trouble, so that I may be able to fix on the dimensions of the buildings?

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth infantry, Commissary-General of Prisoners.

{p.130}

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NEW YORK, November 11, 1861.

Hon. WILLIAM H. SEWARD, Washington:

The U. S. ship Nightingale has arrived with a large number of prisoners. Send me an order to confine them in Lafayette otherwise I cannot hold them.

H. MURRAY, U. S. Marshal.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &c., Fort Monroe, November 11, 1861.

Hon. THOMAS A. SCOTT, Acting Secretary of War, Washington.

SIR Herewith you will perceive that an arrangement has been made by which clothing, blankets and other articles necessary for the comfort of prisoners of war may be sent to them. This has been accomplished without compromising the Government in any respect whatever. The Government was not alluded to in my communication to Major-General Huger.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

[Inclosure.]

HEADQUARTERS DEPARTMENT OF NORFOLK, November 9, 1861.

Maj. Gen. JOHN E. WOOL, Commanding Department of Virginia.

SIR: I consider myself fully authorized to reply at once to the inquiry made in your letter of the 8th instant. My Government will allow blankets and articles of clothing necessary for the comfort of prisoners of war to be sent to them. Any such articles you may send to me will be promptly forwarded by the Southern Express Company, and money may be sent to pay the freight here or it may be paid on delivery.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, November 11, 1861.

Official copy. Respectfully forwarded for the information of the Secretary of War.

JOHN B. WOOL, Major-General.

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RICHMOND PRISON, VA., November 11, 1861.

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

GENERAL: On Sunday the 10th instant the prison was visited by General Winder who assembled all the officers in the prison and read to them a communication from Mr. Benjamin, a copy of which I will forward to you if I can procure it.* The letter directed that a colonel {p.131} should be selected by lot and held as a hostage for one Smith convicted of piracy in Philadelphia, and that the ten remaining field officers held as prisoners here and three captains to be selected by lot from all held as prisoners should be held as hostages for thirteen men on trial for piracy in New York, and that the punishment of the officers held as hostages would be precisely the same as that of the prisoners on trial or tried in Philadelphia and New York. The name of Colonel Corcoran, of the Sixty-ninth New York Militia, was drawn and he is retained as a hostage for Smith and is to be treated as a condemned felon.

The following officers are to be retained as hostages for the thirteen prisoners in New York: Colonels Wood, Fourteenth New York; Wilcox, First Michigan; Lee, Twentieth Massachusetts; Cogswell, Tammany Regiment [Forty-second New York], and captain, Eighth Infantry; Woodruff, Second Kentucky. Lieutenant-Colonels Neff, Second Kentucky, and Bowman, Eighth Pennsylvania. Majors Revere, Twentieth Massachusetts; Potter. Thirty-eighth New York, and Vogdes, First U. S. Artillery. Captains Ricketts, First U. S. Artillery; Rockwood, Fifteenth Massachusetts, and McQuaide, Thirty-eighth New York. Captain Thomas Cox, of the First Kentucky, offered to take the place of Captain Ricketts but was refused.

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

M. COGSWELL, Colonel Tammany Regiment and Captain, Eighth infantry.

NOVEMBER 12.

P. S.-Captains Ricketts and McQuaide being wounded were withdrawn from the list by Mr. Benjamin and Captains Bowman, of the Fifteenth Massachusetts, and Keffer, of Baker’s California Regiment, were selected by lot to fill their places to-day. All on the list who are in Richmond will be sent to the county jail to-day or to-morrow.

* Not found as an inclosure, but see Benjamin to Winder, November 9, p. 738.

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RICHMOND PRISON, VA., November 11, 1861.

SIR: This lets you know that I am in as good health and spirits as could be expected under confinement so long. It is now sixteen weeks since I was taken with many more on the battlefield at Bull Run, and since that many more have been taken and brought here. They number in all who have been brought to Richmond as many as 2,600 or 2,700. Some arrived as late as last night-a few from Fairfax and Leesburg; and before over 700 from the Leesburg battle of the 21st of October, and on the north side of the Potomac, which no doubt you have got the news of. I think that through and by the same flag of truce that this comes other versions and the details of the battle will be sent by officers in full knowledge of the facts from the spot which of course you will become acquainted with.

There is one thing I wish to let you know, which is this: The general in charge of this post, Richmond, Brigadier-General Winder, with five or six other officers came into prison yesterday at 4 p.m., called us officers to order and stated that he had an order from the War Department to ballot one out of the highest rank of the six colonels now prisoners of war in their possession and the one balloted and drawn to be placed in a cell in prison similar to that in which the condemned pirate Smith, at Philadelphia, is placed and to be disposed of according to his fate. The ballots being prepared the names of the six were as follows:

1. Colonel Lee, Twentieth Regiment Massachusetts Volunteers.

2. Colonel Cogswell, Forty-second New York Zouaves.

{p.132}

3. Colonel Corcoran, Sixty-ninth New York State Militia.

4. Colonel Woodruff, Second Kentucky Regiment.

5. Colonel Willcox, First Michigan Regiment.

6. Colonel Wood, Fourteenth New York State Militia, Brooklyn.

They were placed fairly in a tin or ballot box, a cap covering it, and then well shaken. The drawer appointed by the general was the Hon. Alfred Ely, M. C., of Rochester, N. Y. It so happened that the said lot fell on Michael Corcoran, colonel of the Sixty-ninth Regiment New York State Militia, now at Castle Pinckney, near Charleston, S. C. Then the other five colonels were to stand with others next in rank to them against and in lieu of the other thirteen under trial for piracy, and also to be dealt with accordingly. The officers next in rank to make up the thirteen are:

Major Potter, Thirty-eighth Regiment New York Volunteers.

Lieutenant-Colonel Neff, Second Kentucky Volunteers.

Major Revere, Twentieth Regiment Massachusetts Volunteers.

Lieutenant-Colonel Bowman, Eighth Pennsylvania.

Major Vogdes, First U. S. Artillery.

Then out from among the captains were drawn three to make up the thirteen, the drawing done by Mr. Ely. It happened that the first three drawn from the box were these:

1. Captain McQuaide, Thirty-eighth New York Regiment-not expected to survive wounds received at the battle of Manassas.

2. Captain Rockwood, Fifteenth Massachusetts.

3. Captain Ricketts, First U. S. Artillery. He still lies in a critical condition since the 22d of July in one of the hospitals here. His wife has been his attendant ever since she could get to him.

It was emphatically stated that whatever course was taken with those thirteen pirates by our Government the same course would be followed in dealing with those selected in this way, so that we wait impatiently to know the fate of cur brother officers.

I remain, yours, most respectfully,

JOHN WHYTE, First Lieut., Seventy-ninth Regiment New York State Militia.

NOVEMBER 12-10 a.m.

P. S.-General Winder has just come to the prison and called the captains, eleven in number, and balloted two out from them in place of the two whom I have mentioned as not fit to be removed from the hospital to the prison cells. The two drawn happened to be:

1. Captain Keffer Company H, First California Regiment, Philadelphia.

2. Captain Bowman, Company E, Fifteenth Regiment Massachusetts Volunteers.

Preparations are being made to put the selected in the cells of the county prisons. We trust there will be no hanging and we are all in pretty good spirits.

W.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 12, 1861.

Major-General HUGER, Commanding Department, &c., Norfolk, Va.

SIR: On the 29th ultimo Lieut. Albert Kautz, U. S. Navy, being a prisoner at Richmond, was kindly granted a parole of fifty days by the {p.133} Confederate authorities for the purpose of effecting an exchange, pledging himself to return as a prisoner if he failed to accomplish the object.

I have now under my control several individuals formerly lieutenants in the U. S. Navy,* held in custody I suppose because of their desire to join the Confederate cause, and among them is Mr. Henry K. Stevens, of South Carolina, whom you may know from the fact of his having married a daughter of General Totten. I beg to suggest to you that he may be received in place of Lieutenant Kautz. If you agree to this I will send Mr. Stevens to you forthwith. Furthermore I beg to say to you that Lieutenant Sharp, of your service, is also now under my control and at hand. If you will assure me that Lieutenant Worden shall be sent to me without delay and without exactions I will release Lieutenant Sharp unconditionally without waiting for the arrival of Lieutenant Worden and send him to you by a flag of truce.

Respectfully, your obedient servant,

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

* Lieut. H. K. Stevens, of South Carolina, Lieut. Benjamin P. Loyall, of Virginia, Walter R. Butt, of Virginia, H. H. Dalton, of North Carolina on frigate Congress, off Newport News.

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SPECIAL ORDERS, No. 138.}

HEADQUARTERS ARMY OF THE POTOMAC, Washington, November 12, 1861.

I. In compliance with Special Orders, No. 170, of the 12th ultimo from the Headquarters of the Army, the following-named prisoners now confined in the Old Capitol will be sent with as little delay as practicable to Fort McHenry and thence to Old Point Comfort, Va., from which place they are to be forwarded through the lines under a flag of truce. Brig. Gen. Andrew Porter, provost-marshal, will furnish a suitable guard for the prisoners to Fort McHenry, and the Quartermaster’s Department will provide the necessary transportation for the execution of this order.*

...

By command of Major-General McClellan:

S. WILLIAMS, Assistant Adjutant-General.

* Nominal list of thirty-seven names, all soldiers except one civilian, omitted.

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FORT WARREN, Boston Harbor, November 13, 1861.

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

SIR: In obedience to the instructions contained in yours of the 8th ultimo I have the honor to forward herewith a roll* of 250 prisoners of war. To make out this list I have with care selected the sick, feeble and infirm-secondly, the maimed, and lastly the boys or young men far under age. I have included Lieut. Col. C. H. Tyler, Confederate service. He tells me he was considered and treated as a prisoner of war until he arrived at Fort Lafayette. The list furnished me by that post does not give the reason for the confinement of the prisoners but {p.134} is merely headed as a “List of prisoners.” Accompanying this communication you will please find the certificate* of Dr. Peters stating that Colonel Tyler is in very feeble health.

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

J. DIMICK, Colonel First Artillery, Commanding Post.

* Omitted.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 13, 1861.

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

SIR: I am in receipt of your letter of the 12th instant. As the Secretary of War has authorized me in his letter of October 16 (a copy of which has been sent you) to exchange Lieutenant Worden for Lieutenant Sharp I will send Lieutenant Worden to you as soon as he is placed at my disposal.

I telegraphed last evening to the Secretary of War requesting Lieutenant Worden might be sent to me at once, as the Secretary proposed in his letter above referred to.

If you will allow Lieutenant Sharp to come here at once as you so politely offer I will retain him here until the arrival of Lieutenant Worden and make the exchange on perfectly equal terms without any conditions or exactions whatever.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

–––

HEADQUARTERS DEPARTMENT OF NORFOLK, November 13, 1861..

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

SIR: I will refer your letter of the 12th instant to my Government for instructions concerning the exchange of Lieut. Albert Kautz. As this Government has on all occasions been ready to exchange prisoners on fair terms according to the usages of civilized nations I have no doubt they will accept your proposition.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 13, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I am not instructed or authorized by my Government to make a formal exchange of prisoners on any terms. What I proposed to you in my letter of yesterday in relation to Lieutenant Sharp was that if you would assure me that Lieutenant Worden should be sent to me {p.135} without delay and without exactions I on my part would release Lieutenant Sharp unconditionally without waiting for the arrival of Lieutenant Worden and send him to you by a flag of truce.

The last paragraph of your letter of to-day wherein if I understand you aright you intimate a formal exchange induces me to suppose that possibly I may not hitherto have made myself clearly understood, and hence the reason why I now address you with the view of saying that I am not at liberty to act upon any other grounds than those above mentioned, which in effect amount to this: Give me one and I will give you the other, all formalities in the matter itself to be dispensed with and no conditions to be imposed upon either individual. If you will accept these Lieutenant Sharp shall be put at your disposal forthwith.

Respectfully, your obedient servant,

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

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 14, 1861.

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

SIR: I am in receipt of your letter of the 13th instant. To avoid any misunderstanding I refer you to my instructions, the letter of the Secretary of War* to me dated October 16, a copy of which has been sent to you.

In your letter of the 12th instant you say “I will release Lieutenant Sharp unconditionally,” but the previous part of the same sentence makes this condition, viz, that I shall assure you “that Lieutenant Worden shall be sent to you.” If this is not exchange what is it?

As authorized by my instructions I am ready to exchange Lieutenant Worden for Lieutenant Sharp.

I remain your obedient servant,

BENJ. HUGER, Major-General, Commanding Department

* See Benjamin to Huger, p. 729.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, Sandusky, Ohio, November 15, 1861.

General M. C. MEIGS, Quartermaster-General U. S. Army, Washington, D. C.

GENERAL: I have the honor to inclose herewith the lease* for the land to be occupied on Johnson’s Island for the depot of prisoners of war; also the contract* and bond* for the erection of the buildings, all made under my direction. Some little additional expense has been put on the buildings to make them more suitable for this winter climate and I have allowed the contractors $1,500 to cover the increased expense of erecting the buildings on the island, an amount which seems to me only reasonable. The quarters for the officers who are prisoners will accommodate 256 persons, one-fourth more than on my estimate, and have four small rooms and two large ones in each building for mess-rooms and kitchens. All the quarters with the hospital, store and block-houses and the fencing which on account of the character of the {p.136} lumber will cost more than I expected will give a total cost of less than $28,000, and there can be little doubt that $30,000 will cover all contingencies. I inclose also a plan* of the arrangement of the buildings on the ground. In the two lines of buildings for prisoners there are sites for two additional buildings for officers and two for soldiers besides ground for a third line if more room should be required. A site is also selected for the commanding officer’s quarters if it should be thought advisable to order a major to command, as I think will be found to be absolutely necessary, and a site for another building if more quarters should be required for the guard. The one block to be erected for the guard will quarter two companies of eighty-four men each. The plat contains only part of the cleared ground and is less than one-third of the land leased. Much of the lumber is already on the ground and the work is progressing rapidly. The contractors are energetic, reliable men and will complete the work in the least possible time. I gave them till February 1 because circumstances might render it beyond their power to fulfill the contract in less time but I am satisfied if the weather is favorable they will do it within that time.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

* Omitted.

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RICHMOND, November 15, 1861.

DEAR SIR: I would respectfully report the following names* of Company H, First California Regiment, U. S. Volunteers, Colonel Baker commanding, as having been taken prisoners at the late engagement at Ball’s Bluff, near Leesburg, on the 21st of October last, making 2 commissioned officers and 40 non-commissioned officers and privates that are here as prisoners belonging to my company.

I remain, very respectfully, your obedient servant,

FRANCIS J. KEFFER Capt., Comdg. Company H, First California Regt., U. S. Vols.

P. S.-I would state that I have been selected in connection with twelve other officers as hostages for the crew of the privateer Savannah, to be treated as persons accused of infamous crimes and to receive the same punishment they receive. We (the hostages) have been removed from the building where the prisoners of war are confined and placed in the county jail.

Very respectfully, yours,

FRANCIS J. KEFFER, Captain.

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COLUMBUS, OHIO, November 16, 1861.

General THOMAS:

General Mitchel has ordered improvements and a permanent extension to the establishment for prisoners of war at Camp Chase which must occasion considerable expenditure. The work is in progress. I report for the information of the Department.

W. HOFFMAN, Commissary-General of Prisoners.

{p.137}

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 16, 1861.

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

SIR: I have referred your letter of the 12th instant to my Government and received its views in reply.

1. Lieutenant Worden is now on his way here, and on his arrival and the release of Lieutenant Sharp I am authorized to restore Lieutenant Worden to you “without any exactions or conditions whatsoever,” as has been agreed between us.

2. I am also directed to say that your proposal to exchange Mr. H. K. Stevens, of South Carolina, for Lieutenant Kautz is certainly not in accordance with that honorable sense of equality and fair dealing that ought to characterize such propositions between belligerent powers. In saying this I entirely acquit you of any imputation which my language may seem to convey. I refer solely to the action of your Government. They seize upon Southern citizens as prisoners of state and then tender them in exchange for prisoners of war. We are not so obtuse as to be blind to the unfair advantage they thus seek to obtain. Humanity and regard for our unfortunate citizens thus reduced to captivity are, however, stronger motives of action than the just indignation inspired by such a course of conduct on the part of our enemies.

I am therefore authorized to consent to the exchange of Mr. Stevens for Lieutenant Kautz and to tender the further exchange, which seems to be invited by your letter, by offering to restore to you Lieutenant Selden for Mr. Benjamin P. Loyall, of Virginia. In the course of a few days I hope to suggest the names of others of your officers to be offered for Messrs. Butt and Dalton.

In consenting to these exchanges I beg to protest in the name of my Government against a system unknown in the rules and usages of warfare by which unarmed men taken captive as political prisoners or prisoners of state are held by the Government of the United States to be tendered in exchange for its officers captured in battle, and that in consenting to such exchanges this Government is moved by a sense of humanity and concern for its captive citizens and is not to be understood as conceding that the exchange is a fair and equal one.

I remain, very respectfully, your obedient servant,

BENJ. HUGER, Major. General, Commanding Department.

[Indorsement.]

Returned to Major-General Huger November 20, 1861.

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

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 18, 1861.

Hon. THOMAS A. SCOTT, Acting Secretary of War.

SIR: On the 11th instant I transmitted a copy of a letter from Maj. Gen. B. Huger, commanding at Norfolk, in which he said: “My Government will allow clothing, blankets and other articles necessary for the comfort of prisoners of war to be sent them.”

{p.138}

In transmitting the letter I intended to inform you that in proposing the arrangement with General Huger I made no allusion whatever to the authorities at Washington. It was simply an inquiry of my own whether clothing would be forwarded to Richmond for our prisoners. The prisoners at Richmond as it would appear from their letters to friends are suffering very much for the want of clothing and other articles necessary to their comfort.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF WESTERN VIRGINIA, Camp, Gauley Mountain, W. Va., November 19, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commanding U. S. Army, Washington, D. C.

GENERAL: ... I have sent Capt. W. F. Raynolds with a flag of truce to Floyd proposing that he should put a stop to the abhorrent practice of kidnapping unarmed citizens, and promising on that condition to release certain hostages now in [our] possession. He will be able to report where the rebels are to be found.

...

Very truly and respectfully, your obedient servant,

W. S. ROSECRANS, Brigadier-General, U. S. Army.

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NAVY DEPARTMENT, Washington, November 19, 1861.

Flag-Officer L. M. GOLDSBOROUGH, North Atlantic Blockading Squadron, Hampton Roads, Va.

SIR: I inclose herewith copy* of the will of the late Lieut. John B. Stewart, of the Navy, together with a copy* of a letter addressed to his sister by Commodore Read, governor of the Naval Asylum, announcing his death.

He has bequeathed his property to his sister who is a resident of North Carolina, and the Department desires you to forward the inclosed by flag of truce at the first opportunity to the general in command at Norfolk, with the request that he will send them to their proper destination.

I am, respectfully, &c.,

GIDEON WELLES.

* Omitted.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 19, 1861.

Flag-Officer L. M. GOLDSBOROUGH, Comdg. North Atlantic Blockading Squadron, Hampton Roads.

SIR: This will be delivered to you by Lieutenant Worden, U. S. Navy, who is on his parole.

On your sending Lieutenant Sharp, C. S. Navy, to me my Government will consider Lieutenant Worden released from his parole.

With the highest respect, I remain, your most obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

{p.139}

[NOVEMBER 19,1861.-For Huger to Wool relating to exchange of Surgeons De Witt C. Peters and Wyatt M. Brown, see Vol. I, this Series, p. 67.]

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 20, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I beg to acknowledge the receipt of two letters from you by the flag of truce of yesterday, one of which dated the 19th instant was handed to me in person by Lieutenant Worden, and the other dated the 16th instant came to me by one of my staff officers, to whom I understand it was given by the officer charged with your flag of truce.

With regard to the former and the first paragraph of the latter I am happy to say that I now send to you Lieutenant Sharp and place him entirely at your disposal in full accordance with what has passed between us on the subject. With regard, however, to the rest of your letter of the 16th instant there are parts of it which I regret you should have been called upon to write for instead of facilitating the object in view they must necessarily have an opposite effect. The proposition for you to receive Mr. Stevens in place of Lieutenant Kautz was made entirely on my own responsibility and without even the knowledge of my Government, and I made it (to say nothing on the score of humanity) because I considered Lieutenant Sharp as already virtually pledged for Lieutenant Worden and because I had no more suitable person under my control to offer, feeling at the time if not agreeable it might be gracefully declined.

It strikes me as not a little remarkable that while in one sentence you are called upon to express indignation at this proposition in the very next you are not only authorized to accept it but even to suggest its extension to several similar cases, and permit me to observe I am not aware that I did invite this suggestion on any occasion of our correspondence. Nevertheless I am not only willing but very anxious to give you besides Mr. Stevens for Lieutenant Kautz, Mr. Loyall for Lieutenant Selden and Messrs. Butt and Dalton for others upon whom we might agree, but it is due to frankness for me to say once for all that I can neither entertain this nor any other suggestion from you so long as it is coupled with even a rebuke much less an insult to my Government.

I therefore return you herewith your letter* in view and under the hope that upon further reflection you may be enabled to modify it so as to remove all objectionable features and thus that we may be permitted to proceed becomingly in the merciful object before us. Until then I am constrained to say things must stand as they now are.

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

* See Goldsborough’s indorsement on Huger’s letter of the 16th.

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HEADQUARTERS DEPARTMENT OF NORFOLK, November 21, 1861.

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

SIR: Lieutenant Sharp, C. S. Navy, arrived yesterday and as stated in my letter of 19th instant his being thus liberated releases Lieutenant Worden from his parole.

{p.140}

As you state “the proposition for you to receive Mr. Stevens for Lieutenant Kautz was made entirely on my own responsibility and without even the knowledge of my Government” I cheerfully withdraw such portions of my letter as hold them responsible for it. I have acted under the express instructions of my Government and can only release their prisoners of war on such terms as they prescribe. As far as I am individually concerned I am as you express yourself “not only willing but really anxious” to release such as I have authority to dispose of.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., November 22, 1861.

Maj. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: Agreeably to what is now fully understood between us I send you to-day by flag of truce Mr. H. K. Stevens without pledge or parole, to be received in place of Lieutenant Kautz, U. S. Navy. Will you be good enough to acknowledge this transaction in writing? Mr. B. P. Loyall having signed a written pledge to the effect that he will return to me as prisoner within fifty days unless Lieut. George L. Selden, U. S. Navy, is delivered to me in the meantime without pledge or parole I send him also to you by the same opportunity.

I am ready to meet you at your earliest convenience in the cases of Messrs. Butt and Dalton. It will afford me a pleasure when the moment arrives that I can restore them to their liberty.

Very respectfully, your obedient servant,

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

[Inclosure.]

U. S. SHIP CUMBERLAND, Newport News, November 22, 1861.

I, B. P. Loyall, hereby pledge my sacred honor to return as a prisoner to the senior officer of the Navy of the United States commanding at Hampton Roads within fifty days from this time unless in the meanwhile Lieut. George L. Selden, U. S. Navy, is delivered up to said senior officer without pledge or parole by Maj. Gen. Benjamin Huger or some other competent authority at Norfolk, Va.

B. P. LOYALL.

[Indorsement.]

NOVEMBER 22, 1861.

I send this copy of the pledge signed by Mr. Loyall to General Huger in order that he may have a full and clear understanding of the whole matter.

Most respectfully,

L. M. GOLDSBOROUGH, Flag-Officer.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, November 23, 1861.

Maj. Gen. BENJAMIN HUGER Commanding Department, &c., Norfolk, Va.

SIR: I beg to suggest to you for your consideration that Captain Ricketts, U. S. Army, now at Richmond a prisoner and as I understand {p.141} suffering seriously from a wound, may be sent to me without pledge or parole with the understanding that I will send to you in his place Mr. Walter R. Butt, late a lieutenant in the U. S. Navy. I make this proposition entirely on my own responsibility and under the belief and hope that it may be agreeable to you. If you will accept it I will place Mr. Butt at your disposal forthwith on conditions similar to those asked of Mr. Loyall yesterday, without waiting for Captain Ricketts’ appearance.

Respectfully, your obedient servant,

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

–––

BALTIMORE, November 25, 1861.

Col. T. A. SCOTT, Assist ant Secretary:

The Adams Express Company will convey from any of the Northern cities to Fortress Monroe free of charge any blankets or other articles intended to be sent by the Government to parties held as prisoners of war in the South. We shall be pleased to be put in communication with the proper officer on this subject.

S. M. SHOEMAKER, Superintendent Adams Express

–––

GENERAL ORDERS, No. 102.}

HEADQUARTERS OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 25, 1861.

...

II. The Secretary of War directs that all officers and enlisted men of the volunteer service now prisoners in the hands of the enemy or reported as missing in action, or that may be hereafter taken prisoners or reported missing in action, be transferred to skeleton regiments to be formed by the Governors of the respective States and to consist entirely of such prisoners and missing officers and men. The vacancies thus occasioned in the organized regiments will be filled by the Governors of the various States to which the regiments belong.

...

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

–––

GENERAL HOSPITAL, Richmond, Va., November 25, 1861.

ADJUTANT-GENERAL U. S. ARMY, Washington.

SIR: It has been suggested to me by persons interested in my wounded condition, and a prisoner since the 21st of July, that my release can probably be effected and that I can be permitted to return to the North should Captain de Lagnel, now a prisoner at Fort Warren, Boston, be also released, both of us being of the same rank, wounded , and of the same arm of service. May I ask your earliest consideration and reference to the proper authorities?

I am sir, very respectfully, your obedient servant,

JAMES B. RICKETTS, Captain, First Artillery, U. S. Army.

{p.142}

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FORT WARREN, Boston Harbor, November 25, 1861.

General L. THOMAS, Adjutant-General, Washington.

SIR: In obedience to the indorsement on the complaint sent to me under date of the 22d* I have to report the sick prisoners as comfortable as they could be made in any army hospital. It is true for one day after their arrival that they had not the comforts needed in consequence of the bedding not accompanying the prisoners, but the next day the mayor of Boston supplied everything necessary for their comfort until the arrival of the hospital stores from New York. Doctor Peters complained of the newspaper reports respecting the sick and wished to contradict them under his own signature but I advised him not to notice them. The prisoners of war have been well quartered from the day they landed; very soon bunks were put up in their rooms and they think that everything has been done for their comfort. I never heard a complaint from any one of them. They seem to be in better health than when they arrived owing to the pleasant weather. I must say that many of them appeared to have feeble constitutions. The bedding of the prisoners of state was retained at Fort Lafayette; this caused some inconvenience to them, but now they are supplied with everything needed for their comfort.

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

J. DIMICK, Colonel First Artillery, Commanding Post.

* Not found.

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QUARTERMASTER-GENERAL’S OFFICE, Washington, November 25, 1861.

Maj. Gen. JOHN E. WOOL, Comdg. Department Virginia, Fort Monroe, Va.

GENERAL: I have directed Colonel Vinton to send to the quartermaster at Fortress Monroe 2,000 suits of infantry clothing, including underclothing, shoes, overcoats, blankets and forage caps, for the prisoners held by the rebel Government. As many of the prisoners are represented to be in great suffering from the want of clothing please have it forwarded under cover of the first flag of truce after it comes into the hands of your quartermaster. The funds to pay the freight should also be forwarded.

Very respectfully, your obedient servant,

M. C. MEIGS, Quartermaster-General.

–––

HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., November 25, 1861.

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

SIR: I have to acknowledge the receipt of your letter of the 21st instant inclosing the will of the late Lieut. John B. Stewart, U. S. Navy. Commodore [G. C.] Read states he incloses a letter from Lieutenant Stewart to his sister. No such letter was inclosed. Will you please inquire of Commodore Read for it? The name and address of his sister are not given in any of the papers; I have written to Raleigh to inquire about her.

{p.143}

I have also received yours of the 22d at which time you sent up Mr. Stevens to be received in place of Lieutenant Kautz; also Mr. B. P. Loyall on parole to await the arrival of Lieutenant Selden. I hope to address you fully concerning them in the course of a few days and also concerning the proposition contained in your letter of the 23d instant which has been duly received and referred. If the delay of a day or two occurs please attribute it to temporary absence from the city and not to any neglect on my part.

I remain, very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding Department.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, November 27, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: Herewith I transmit for your consideration a letter dated the 22d [20th] instant addressed to the Hon. Jefferson Davis, President of the Confederate States of America, at Richmond, Va., by N. Harrison, attorney for the officers and crew of the Petrel and Enchantress, with a certified copy of docket entries in the circuit court of the United States, dated October 8, 1861, against Perry for high treason, and a printed document* of the trial of William Smith for piracy as one of the crew of the Confederate privateer Jeff. Davis, by D. F. Murphy. I also send you two letters dated November 22, one addressed to myself or Flag-Officer L. M. Goldsborough, and the other to Commodore Pendergrast, requesting that the documents might be forwarded to Jefferson Davis. Not being inclined to forward them as desired I have deemed it proper to transmit them to you for such disposition as you may direct.

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

JOHN E. WOOL, Major-General.

* Omitted here; see trial of William Smith, p 58 et seq.

[Enclosure No. 1.]

PHILADELPHIA, November 20, 1861.

Hon. JEFFERSON DAVIS, President of the Confederate States of America.

SIR: I herewith transmit to you three printed copies of the trial of William Smith (prize master of the Enchantress and one of the crew of the privateer Jeff. Davis) who was lately convicted of piracy before the circuit court of the United States for the eastern district of Pennsylvania. Smith’s real name is Walter W. Smith, but it was deemed unnecessary by his counsel to put in a plea of misnomer and to delay the trial of the case on that account. It will be seen from the last page of the pamphlet that his comrades, Daniel Mullings, Edward Rochford and Thomas Quigley were subsequently tried and convicted in the same court and for the same offense. In all these cases motions for a new trial and in arrest of judgment have been made which are still pending.

I also transmit to you a transcript from the record in the case of the United States versus William Perry and others (the officers and crew of the privateer Petrel) charged with treason before the same court, This transcript shows the number and also the shipped names of all the Petrel prisoners with the exception of the defendant, Austin C. Williams, {p.144} who says he was registered by the name of William Dyer. Frank Albor (the cabin boy) has recently died in prison of consumption, having received at the hands of Mr. Taylor, the acting superintendent of the cells at Moyamensing Prison, all the humanity and kindness in his power. The other prisoners, with the exception of Capt. William Perry and William Sharkey, are in good health. Captain Perry has suffered and is still suffering severely from rheumatic gout. Upon the application of the prisoners’ counsel the trial in the case of the Petrel has been continued until the next term of the court, which will commence on the first Monday of April, 1862.

All the aforesaid parties have been in Moyamensing Prison for more than three months under close confinement, and my object in addressing you this letter is as counsel for the accused respectfully and earnestly through you to appeal to the Government of which you are President to submit some proposition to or to enter into some negotiation or arrangement with the Government of the United States by virtue of which these prisoners, all of them (whether convicted or unconvicted), may be dealt with and exchanged for as prisoners of war and liberated as soon as possible from confinement. I shall apply to the Government of the United States for permission to transmit to you this letter and the accompanying documents for such consideration and action as may be respectively had thereupon, hoping that the result may be a speedy discharge of my clients from a long and severe imprisonment.

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

N. HARRISON, Attorney for the Officers and Crew of the Petrel and Enchantress.

[Sub-inclosure.]

In the circuit court of the United States in and for the eastern district of Pennsylvania, in the third circuit.

[No. 1. October session, 1861. Indictment, high treason. True bill.]

The United States of America versus William Perry, Richard M. Harvey, Charles Campbell, August Peyrusset, Robert Barret, Henry Mills, Edward Flynn, William Sharkey, Daniel Courtney, John M. Morgan, Frank Albor, George Hawkins, Asa Delahay, John Cunningham, Richard R. Jeffries, William H. Hazlehurst, George S. Harrison, John Mark, Hugh Monagrow, William Bryan, Michael Dillon, Henry A. Run, John Mallings, John W. Dearing, C. H. Marriott, George II. Roberts, Thomas A. Brookbanks, Richard Lewis, Edward Murphy, John H. Edwards, Thom as Woods, John G. S. Tucket, Austin C. Williams, Henry Autmans, George Sawden and John Cronin.

October 5, 1861.–Indictment remitted from the district court, act of Congress.

October 15, 1861.-Certified copy of the indictment and of the list of jurors furnished to the defendants (to each of them).

November 11, 1861.-Mr. Ashton, assistant attorney of the United States, moves for the arraignment of the prisoners William Perry, Richard M. Harvey and Charles Campbell.

George M. Wharton, N. Harrison and J. P. O’Neill, esqs., appear for the said prisoners and move for a continuance till next term. Affidavit of William Perry, Richard M. Harvey and Colin Campbell presented and read. Motion for continuance argued by Messrs. Wharton, {p.145} Harrison and O’Neill for the said prisoners and by Messrs. Ashton, Kelley and Earle for the United States.

Mr. Ashton, assistant attorney of the United States, moves for the arraignment of the prisoners Richard Lewis and Thomas A. Brookbanks. N. Harrison, esq., appears for the said prisoners, Richard Lewis and Thomas A. Brookbanks, and moves for a continuance till the next term.

November 12, 1861.-J. Hubley Ashton, esq., assistant attorney of the United States, moves for the arraignment of the prisoners. And now, to wit, November 12, 1861, the prisoners William Perry, Richard M. Harvey, August Peyrusset, Henry Mills, Edward Flynn, William Sharkey, Daniel Courtney, George Hawkins, William H. Hazlehurst, George S. Harrison, John Mallings, C. H. Marriott, George H. Roberts, Thomas A. Brookbanks, Richard Lewis, Edward Murphy, John H. Edwards, Thomas Woods, John G. S. Tucket, Austin C. Williams, George Sawden and John Cronin being arraigned, &c., and being immediately and severally asked how they will acquit themselves of the premises above laid to their charge severally do say that they are not guilty thereof, and thereof for good and for ill they put themselves upon the country. And J. Hubley Ashton, esq., assistant attorney of the United States, who prosecutes for the United States in this behalf doth the like.

And the said prisoners Charles Campbell, Robert Barrel, John M. Morgan, Asa Delahay, John Cunningham, Richard R. Jeffries, John Mark, Hugh Monagrow, William Bryan, Michael Dillon, Henry A. Run, John W. Dearing and Henry Autmans being at the same time arraigned, &c., and being immediately and severally asked how they will acquit themselves of the premises above laid to their charge, protesting severally as follows: The said Charles Campbell that his name is Colin Campbell and not Charles Campbell; the said Robert Barret that his name is Robert Barnet and not Robert Barret; the said Asa Delahay that his name is Andrew C. Delahay and not Asa Delahay; the said John M. Morgan that his name is John N. Morgan and not John M. Morgan; the said Richard R. Jeffries that his name is Richard H. Jeffers and not Richard R. Jeffries; the said John Cunningham that his name is John C. Cunningham and not John Cunningham; the said John Mark that his name is John Mack and not John Mark; the said Hugh Monagrow that his name is Hugh Monaghan and not Hugh Monagrow; the said William Bryan that his name is William Brain and not William Bryan; the said Michael Dillon that his name is Michael Dooling and not Michael Dillon; the said Henry A. Run that his name is Henry A. Rowan and not Henry A. Run; the said John W. Dearing that his name is John M. Dearing and not John W. Dearing; and the said Henry Autmans that his name is Henry Oltmans and not Henry Autmans-do severally say that they are not guilty thereof; and thereof for good and for ill they put themselves upon the country. And J. Hubley Ashton, assistant attorney of the United States, who prosecutes for the United States in this behalf; doth the like, therefore, &c.

And now the motion for a continuance made in behalf of the prisoners William Perry, Richard M. Harvey and Charles Campbell (the last named representing and declaring himself to be Colin Campbell) being before the court, and the affidavit of William Perry, Richard M. Harvey and Colin Campbell being filed, it is ordered by the court that the said motion for a continuance be granted. And now the court having granted the application for a continuance on the part of the defendants {p.146} Perry, Harvey and Campbell, upon the motion of counsel on their behalf and the counsel of the other defendants having on the same reasons moved for a continuance on behalf of the other defendants the application on their behalf is granted likewise.

Whereupon all the prisoners are remanded.

UNITED STATES OF AMERICA, Eastern District of Pennsylvania, ss:

I, Benjamin Patton, clerk of the circuit court of the United States of America for the eastern district of Pennsylvania, in the third circuit, do hereby certify the foregoing to be a true and faithful copy of the docket entries in the above case.

In testimony whereof I have hereunto subscribed my name and affixed the seal of the said circuit court at Philadelphia this 21st day of November, in the year of our Lord 1861, and of the independence of these United States the eighty-sixth.

CHAS. M. BENCHARD, Senior Clerk of Circuit Court.

[Inclosure No. 2.]

PHILADELPHIA, November 22, 1861.

General J. E. WOOL, or Flag-Officer L. M. GOLDSBOROUGH, Fort Monroe.

SIR: Through the kindness of Commodore Pendergrast I am able to forward to you an open package containing a letter and some documents for Mr. Jefferson Davis which I ask the favor of you to examine and if proper to allow to be sent over to Norfolk, and thence transmitted to Mr. Davis. It may be proper to add that before applying to Commodore Pendergrast for the favor of forwarding this to you I showed the whole matter to Mr. J. Hubley Ashton, acting district attorney for the United States in this city, from whom I received a letter for Commodore Pendergrast of which I herewith send you a copy.

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

N. HARRISON, Attorney for the Officers and Crew of the Petrel and Enchantress.

[Sub-inclosure.]

OFFICE OF U. S. ATTORNEY, 128 South Sixth Street, Philadelphia, November 22, 1861.

Commodore PENDERGRAST.

SIR: Mr. N. Harrison, who is of counsel for the parties now imprisoned here for piracy and treason, wishes to transmit a letter that he will show you to Richmond together with a printed report of the trial of certain of those parties. I can see no objection to the sending of this letter and pamphlet. I tell him that the better plan would be to send them to Fortress Monroe with a request to the commander to transmit them with the first flag of truce that may be sent to Norfolk. He desires especially to know how these documents may be sent to Fortress Monroe. Mr. Harrison will show you his letter so that you will be able to determine whether there is any impropriety in facilitating Mr. Harrison’s project.

Very truly yours,

J. HUBLEY ASHTON, Assistant U. S. Attorney.

The above is a true copy of Mr. Ashton’s letter to Commodore Pendergrast which was handed to me open by Mr. Ashton for me to read.

N. HARRISON.

{p.147}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, November 28, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commanding the Army.

GENERAL: Herewith you will receive a communication from J. G. Martin, adjutant-general North Carolina. In relation to so much as refers to furnishing clothing for the prisoners of the United States in North Carolina I would remark that I have already made arrangements with Major-General Huger for the transportation of clothing, and 2,000 suits have been ordered for that purpose by the Quartermaster-General and will be forwarded as soon as received.

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

JOHN E. WOOL, Major-General.

[Enclosure.]

HDQRS. NORTH CAROLINA TROOPS, ADJT. GEN.’S OFFICE, Raleigh, November 23, 1861.

Major-General MCCLELLAN, General-in-Chief U. S. Army, Washington, D. C.

GENERAL: I have under my charge about 120 prisoners belonging to your Army, part of them, about 40, taken in Virginia, the others from the steamer Union wrecked on our coast. They all want blankets and many of them clothes. I have furnished clothing to some of them but can do so no more. I write now to say that if you will furnish me with such clothing as you wish given them I will turn it over to some one of your officers for distribution among the officers and men. I will also deliver to any officer you may name such amount of money as you may think proper for the use of your officers and men in such sums as I think necessary if you will cause the same amount to be placed subject to the order of Col. William F. Martin, Seventh [Seventeenth] Regiment North Carolina Volunteers, prisoner of war taken at Hatteras, now at Fort Warren, for the use of his officers and men under such regulations as you may think necessary. Four days since it was considered necessary to confine in jail* Lieutenant-Colonel Bowman, of the Pennsylvania Volunteers. The reason for this you will probably have seen stated in the newspapers. Before that he was on parole and accorded the limits of this city as the other officers still are. This letter is written with the knowledge and sanction of the Governor.

I am, general, respectfully, your obedient servant,

J. G. MARTIN, Adjutant-General.

* As a hostage; see pp, 131,132.

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DEPARTMENT OF STATE, Washington, November 29, 1861.

Hon. EDWARD BATES, Attorney-General.

SIR: Major-General Wool has transmitted to this Department from Fortress Monroe a packet with the following address-

and accompanying papers. This packet contains a letter to the person addressed from a Mr. N. Harrison, attorney for certain persons recently tried for piracy in Philadelphia, and was forwarded to General Wool by the express sanction of J. Hubley Ashton, assistant attorney of the United States there.

{p.148}

In pursuing this course it is conceived that Mr. Ashton committed a serious indiscretion at least which deserves and I trust will receive a proper reprimand from you.

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

WILLIAM H. SEWARD.

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HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 2d, 1861.

Major-General WOOL, U. S. Army Commanding Department of Virginia, Fort Monroe, Va.

SIR: I inclose herewith Special Orders, No. 316, of this date, and a copy of a letter to Colonel Dimick, both relating to the release of certain prisoners of war who shall be sent to Fort Monroe. The General-in-Chief desires you to permit them to go through our lines to Norfolk, or if they prefer to Hatteras; also to make known to them that if any one of them shall procure the release of one of our prisoners of like grade in the hands of the enemy he may be considered as relieved from the oath not to bear arms against the United States which they all have taken.

I am, sir, &c.,

L. THOMAS, Adjutant-General.

[Enclosure No. 1.]

SPECIAL ORDERS, No. 316.}

HDQRS. ARMY, ADJT. GEN.’S OFFICE, Washington, November 29, 1861.

...

III. The following-named prisoners of war confined in this city will be sent to Fort Monroe, and thence under a flag of truce through the U. S. lines and released on taking an oath not to engage in arms against the United States.*

...

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

* List of thirty-two names omitted.

[Enclosure No. 2.]

HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, November 29, 1861.

Col. J. DIMICK, First Artillery, U. S. Army, Fort Warren, Boston, Mass.

SIR: The General-in-Chief directs that the 250 prisoners of war named on the list inclosed in your letter of the 13th instant be sent by sea to Fort Monroe, Va., and thence by a flag of truce to Norfolk, on condition that they take the oath not to bear arms against the United States according to the form* inclosed herewith. It may be understood that should any of our officers or men now prisoners in the hands of the enemy be set free in consequence of this action a like number and of the same grade of the prisoners herein referred to may be released from their parole.

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

L. THOMAS, Adjutant-General.

* Not found.

{p.149}

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 29, 1861.

Maj. Gen. B. HUGER, Commanding, Norfolk, Va.

GENERAL: This is to acknowledge the receipt of $255 for Lieut. Col. J. A. J. Bradford, prisoner of war; $20 in bills on Alexandria, Baltimore and Merchants and Mechanics’ Bank of Washington for William H. Seymour, private, North Carolina Defenders; and a letter from the adjutant-general of North Carolina addressed to Col. William F. Martin, Seventh [Seventeenth] Regiment North Carolina Volunteers, a prisoner of war, inclosing two drafts from General J. G. Martin in favor of General J. G. Martin, for $800, and in favor of James Larocque for $806.53; in all $1,606.53, which will be duly forwarded.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 29, 1861.

General BENJAMIN HUGER, Commanding Department of Norfolk, Norfolk, Va.

SIR: The major-general commanding this department wishes to know whether sugar, tea and coffee can be forwarded and be permitted to be used by our prisoners in Richmond.

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

WM. D. WHIPPLE, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, November 30, 1861.

Hon. GIDEON WELLES, Secretary of the Navy.

SIR: I have the honor to inform you that this Department has received from General Wool at Fortress Monroe a packet relative to the recent trial of pirates at Philadelphia. This packet has the following address:

It appears from a copy of a letter in the packet from J. Hubley Ashton, assistant U. S. attorney at Philadelphia, to Commodore Pendergrast that the commodore was requested to transmit the packet to Fortress Monroe to be forwarded, and it is presumed that he complied with the request.

If he did in my judgment he committed an indiscretion which should receive a proper rebuke from the Navy Department.

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

WILLIAM H. SEWARD.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., November 30, 1861.

Maj. Gen. B. HUGER, Commanding at Norfolk, Va.

GENERAL: ... I perceive that a change has been made in the disposition of the prisoners. Will it make any difference in forwarding money and clothing for them; that is will you forward to Raleigh {p.150} or any other place money and clothing? I have money on hand and more expected, but retain it until I hear from you on the subject.

I am, very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York City, November 30, 1861.

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

GENERAL: It is necessary in order that time may not be lost that I should consult you in person in relation to matters connected with my duties as commissary-general of prisoners, and I respectfully ask to be ordered to Washington for this purpose.

I am, very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

[Indorsement.]

ADJUTANT-GENERAL’S OFFICE, December 2, 1861.

Lieutenant-Colonel Hoffman will repair to this city on duty and then return to New York.

By command:

E. D. TOWNSEND, Assistant Adjutant-General.

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DEPARTMENT OF STATE, Washington, December 2, 1861.

Maj. Gen. JOHN E. WOOL, Fort Monroe, Va.

GENERAL: I have received your letter of the 29th ultimo, and have forwarded to Colonel Dimick at Fort Warren, Boston, the drafts which accompanied it, the proceeds of which are intended for the benefit of North Carolina prisoners there.

I am your very obedient servant,

WILLIAM H. SEWARD.

–––

[DECEMBER 3-11, 1861.-For correspondence relating to Union sentiment and arrest of 134 so-called Union conspirators in Arkansas, see Series I, Vol. VIII, pp. 69,662, 699,700, 710.]

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HEADQUARTERS DEPARTMENT OF THE MISSOURI, Saint Louis, Mo., December 3, 1861.

Maj. Gen. GEORGE B. MCCLELLAN, Commander-in-Chief, Washington, D. C.

GENERAL: ... I have directed to the Adjutant-General of the Army the correspondence between General Grant and Bishop General Polk in relation to the exchange of prisoners.* After full consideration of the subject I am of the opinion that prisoners ought to be {p.151} exchanged. This exchange is a mere military convention. A prisoner exchanged under the laws of war is not thereby exempted from trial and punishment as a traitor. Treason is a state or civil offense punishable by the civil courts; the exchange of prisoners of war is only a part of the ordinary commercia belli.

Very respectfully, your obedient servant,

H. W. HALLECK, Major-General.

* For this correspondence, see Vol. I, this Series, p. 511 et eeq.

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

Maj. Gen. B. HUGER, Commanding at Norfolk, Va.

GENERAL: I send herewith by flag of truce Charles H. Pandorf and Benjamin Sutton, the latter a discharged prisoner. I also send under cover to you a package of letters addressed South.

Agreeably to your suggestion I will send on Thursday clothing, &c., for prisoners. It would be very desirable to ascertain the location of those sent from Richmond.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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WASHINGTON, December 4, 1861.

To THE HOUSE OF REPRESENTATIVES:

I transmit herewith a report from the Secretary of State in reply to the resolution * of the House of Representatives of the 13th of July last in relation to the correspondence between this Government and foreign nations respecting the rights of blockade, privateering and the recognition of the so-called Confederate States.

ABRAHAM LINCOLN.

* See p. 8.

[Inclosure.]

DEPARTMENT OF STATE, Washington, December 4, 1861.

To the PRESIDENT:

The Secretary of State to whom was referred a resolution of the House of Representatives passed on the 13th day of July last requesting the President at the beginning of the next session of Congress if compatible with the public service to communicate to that House all correspondence with the English, French, Spanish and other governments with reference to the rights of blockade, privateering and the recognition of the so-called Confederate States, has the honor to report that the correspondence thus called for has been submitted with the President’s annual message to both Houses of Congress.

Respectfully submitted.

WILLIAM H. SEWARD.

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NAVY DEPARTMENT, Washington, December 4, 1861.

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

SIR: I have the honor to inform you in reply to your letter of the 3d* instant touching the loyalty of Mr. Griffin, late of the U. S. Navy, {p.152} that the only knowledge or information I have of him is that he is from Georgia and that he declined to accompany the steamer Star of the West when she was dispatched to provision Fort Sumter last spring when it became known that that was her destination.

I am, respectfully, your obedient servant,

G. V. FOX, Assistant Secretary.

* Not found.

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RICHMOND, VA., December 4, 1861.

Hon. B. F. GRANGER, [Representative in Congress, First District of Michigan].

DEAR SIR: I take the liberty of addressing you, the Representative of the First Congressional district, in behalf of 72 sons of Michigan, 40 of whom are from your immediate district, 14 hailing from your own county of Washtenaw. They are widely dispersed, a portion being in Charleston and others in Richmond, Columbia, New Orleans and Tuscaloosa and some will in a few days be sent to Salisbury, N. C. They are a portion of 3,000 loyal citizens of the United States now held as prisoners of war. Most of them have been in close confinement under very unfavorable circumstances over four months.

I might picture to you their present condition but deem it unnecessary. You can readily conceive how men taken (generally without money) with clothing originally of poor quality, having already had three months’ service in the field, will naturally appear after four months more have passed, in most cases without a change of any garment. Can you believe they are in a condition to stand the changes of even a Southern climate? We know they are not and unless something is done for their relief their decimated ranks next spring will tell a fearful tale.

I have just read a note from an educated young man of a Northern city who left a situation as bank clerk and enlisted as a private to serve his country. He was wounded and taken prisoner at Manassas. He says: “I have no shirt or socks and suffer much from cold and damp and at every breath it seems as if a knife were plunged into me; I cannot stand it much longer.” This is but one case of many that I might cite had I time. I have seen sights that made my heart bleed. I am convinced that many are now sustained only by the hope that it will not much longer continue thus and that a speedy exchange will restore them to their families and friends, from whence after a restoration to health they may return to the service of their country. It is said “hope deferred maketh the soul sick.” Let it be understood there is to be no exchange and many would welcome death.

Now let me ask, is all this necessary? The question naturally arises with us has not as much been conceded already as would be in a full exchange of prisoners? Flags of truce are of almost daily occurrence; prisoners have been taken in arms against the Government with stipulations, since honestly carried out, that they would be received and treated as prisoners of war; paroles have been recognized at our capital and fifty-seven of our prisoners returned to their homes and friends by order of General McClellan; prisoners have been exchanged with all the usual formalities on the Mississippi, and naval officers are even now on their way home in exchange for an equal number sent here by our Government or its agents.

Of course in our isolated position we cannot know all the different aspects in which the question will present itself; we can only judge of {p.153} acts that come under our observation and reason that the same rule that will exchange one will exchange an army. I admit that we are anxious on the subject, and we have cause to be. Humanity prompts and justice demands it.

I believe I speak the sentiments of all here when I say we do not wish to embarrass the action of our Government in the least, but we cannot understand how a full exchange will do more injury than acts already done. We believe belligerency can be recognized without involving independence. Surely the war cannot continue for years or even months longer without this question becoming so important that it must be met and an exchange effected. Then why delay what must inevitably be? We enlisted to serve our country and if necessary die for it, but we would prefer a different death than the one awaiting us here. I cannot say all I would for obvious reasons, but I can say we are suffering from neglect, so much so that it is the subject of newspaper paragraphs here and elsewhere. It makes my face burn to read them and think that over four months have passed and nothing done for our relief.

We have frequently heard that clothing was to be sent to us but winter has come and no clothing, but sickness has. It has been said that the Confederates sent the most destitute to the far South from motives of humanity. However that may be I saw some go without shirts and many without shoes or socks, and even some with drawers and no pants. I am sorry to say this and perhaps my doing so will prevent this reaching you, but I trust it will not. I may be treading on forbidden ground, but I will say that I believe this would not be if clothing could be obtained here. It could not in sufficient quantities. Southern troops are clothed by contributions from home of home-made cloth. Those that have means to purchase can find limited quantities at extravagantly high prices-beyond the means of most of us. Clothing can be sent safely. The Massachusetts men having been here but about six weeks have already been supplied with full outfits from their friends at home. Cannot Government send as well as they? The Confederates have recently furnished quilts as substitutes for blankets, which could not be obtained, and straw sacks, which is some improvement, but we still need blankets and clothing, especially pants, shirts, drawers, socks and shoes.

I am sorry to trouble you with this matter, but thinking your position would enable you to do much I venture to do so. If we are to remain here and Government does not speedily provide for our wants will you please call the attention of such citizens of Michigan as may be in Washington to this matter? I know that an appeal to the people of our State would be promptly met, and I feel assured that our necessities would have been attended to ere this had it been known that it Was required and could be done. What is done should be at once.

Very respectfully, yours,

- -.

Should there be any persons in Washington from Ypsilanti please show them this letter.

I inclose a slip cut from this morning’s [Richmond] paper:

{p.154}

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Resolution adopted by the House of Representatives December 4, 1861.

Resolved, That the Committee on Military Affairs be instructed to inquire what change if any is necessary in the law providing for the payment of soldiers who are held as prisoners of war.

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Resolution adopted by the House of Representatives December 4, 1861.

Whereas, in July, 1861, at Fort Fillmore, in New Mexico, Maj. Isaac Lynde, U. S. Army, abandoned said fort and shortly after its abandonment surrendered a largely-superior force of U. S. troops under his command to an inferior force of Texas troops without firing a gun or making any resistance whatever; and

Whereas, it is charged and believed that said surrender was the result of treason or cowardice or both, in which surrender other officers under his command were also concerned: Therefore

Resolved, That the Secretary of War be requested if not incompatible with the public interest to report to this House what measures have been or ought to be taken to expose and punish such of the officers now on parole as were guilty of treason or cowardice in that surrender and relieve from suspicion such as were free from blame.

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NAVY DEPARTMENT, Washington, December 5, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: In reply to your communication of the 30th ultimo respecting a packet received by you from General Wool addressed to the Hon. Jefferson Davis, &c., &c., and which from an inclosure appears to have been forwarded by Commodore Pendergrast, I have the honor to inform you that that officer was called upon to say if he did forward the package and why he did so. A copy of his reply is herewith inclosed in which he denies having forwarded the package, but thinks it was sent by the U. S. steamer State of Georgia without his order. The matter will be further investigated.

I am, sir, respectfully, your obedient servant,

GIDEON WELLES.

[Inclosure.]

COMMANDANT’S OFFICE, U. S. NAVY-YARD, Philadelphia, December 3, 1861.

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

SIR: I have the honor to acknowledge the receipt of your letter of the 30th ultimo informing me that a package addressed to the Hon. J. Davis, president, &c., &c., at Richmond, Va., was forwarded by me to General Wool at Fortress Monroe, and I am asked to inform the Department whether or not a package so addressed was forwarded by me, and if so under what circumstances.

In reply I have to say that I forwarded no such package to General Wool, but will remark that I believe such a package may have gone from a Mr. Harrison, a lawyer in this city, who defended some prisoners and who applied to me for information as to how he should proceed in sending communications to Virginia in relation to the proceedings of {p.155} the U. S. district court. I replied to him that it could only be done by sending open or unsealed letters to the military or naval commanders at Fortress Monroe to go by a flag of truce. The package I believe was sent by the steamer State of Georgia but without my order.

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

G. J. PENDERGRAST, COMMANDANT.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 5, 1861.

Maj. Gen. B. HUGER, Commanding at Norfolk, Va.

GENERAL: I am at a loss to know how to address the articles of clothing designed for the Federal prisoners. Will you enlighten me? I make this request in consequence of the location of many of the prisoners having been changed. I am aware that I am giving you much trouble, yet as it is an act of mercy to the wounded, poor and needy from my former knowledge of your character I feel assured you will do whatever you can consistently with your duty to aid me in the matter.

I have received some 2,000 suits of clothing from the United States for the Federal prisoners in the South. Not being directed for any troops in particular I shall not send them forward until I learn from you if you can give me the required information as to the location of the prisoners.

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

JOHN E. WOOL, Major-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 5, 1861.

Maj. Gen. B. HUGER, Commanding at Norfolk, Va.

GENERAL: I forward to you by flag of truce six boxes addressed to Lieut. I. W. Hart, Twentieth Regiment Indiana Volunteers, at Norfolk, containing the following articles of clothing for prisoners of war: 53 woolen blouses, 53 caps, 53 shirts, 53 blankets, 53 pairs of trousers, 53 pairs of drawers, 53 pairs of shoes, 53 pairs of socks and 37 great-coats. Also nineteen cases addressed to First Lieut. Charles L. Peirson, Twentieth Regiment Massachusetts Volunteers, a prisoner of war in Richmond, containing the following articles for distribution to Massachusetts troops, prisoners of war: 350 blankets, 350 overcoats, 700 flannel shirts, 700 pairs of socks, 700 pairs of drawers, 350 pairs of trousers, 350 pairs of shoes, 301 towels, 170 handkerchiefs.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

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U. S. FLAG-SHIP MINNESOTA, Hampton Roads, Va., December 7, 1861.

Brig. Gen. BENJAMIN HUGER, Commanding Department, &c., Norfolk, Va.

SIR: I understand that quite a number of seamen are held as prisoners by the Confederate States. My Government is holding similarly {p.156} a number of individuals, late officers of the U. S. Navy and Marine Corps avowing secession principles, who are petitioning for their release. Their names are as follows: Robert Tansill, late captain, U. S. Marine Corps; John R. F. Tattnall, late first lieutenant, U. S. Marine Corps; T. S. Wilson, late first lieutenant, U. S. Marine Corps; H. B. Claiborne, late midshipman, U. S. Navy; Hilary Cenas, late midshipman, U. S. Navy; A. D. Wharton, late midshipman, U. S. Navy; W. M. Page, late surgeon, U. S. Navy; James E. Lindsay, late assistant surgeon, U. S. Navy.

I am willing to make an equitable arrangement with you in order that these individuals may be gratified, or in other words to send them to you provided you will send to me such number of the above-mentioned seamen as may be agreed upon between us.

I am also willing that the arrangement should be extended so as to embrace Messrs. Butt and Dalton, the latter of whom it may be as well to say was as I have ascertained from letters in my possession appointed a lieutenant in the Confederate Navy so far back as last May, and while holding a commission in the Navy of the United States.

I am, very respectfully, your obedient servant,

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

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OFFICE COMMISSARY-GENERAL OF PRISONERS, New York, December 7, 1861.

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

GENERAL: The office and duties of commissary-general of prisoners are not familiar to the service and I therefore respectfully request in order to avoid embarrassment that those who are in charge of prisoners of war, civil or military, may be notified that I have been appointed to that office and that any directions I may give in relation to prisoners may be complied with.

Very respectfully, your obedient servant,

W. HOFFMAN, Lieut. Col. Eighth Infantry, Commissary-General of Prisoners.

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WAR DEPARTMENT, December 9, 1861.

General WADSWORTH, Arlington:

The order* has been made as desired, and I hope will result in the release of Captain Ricketts.

THOMAS A. SCOTT, Acting Secretary.

* See Thomas to Dimick, p. 158.

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HEADQUARTERS DEPARTMENT OF NORFOLK, Norfolk, Va., December 9, 1861.

Commodore GOLDSBOROUGH, Commanding North Atlantic Blockading Squadron.

SIR: I have to acknowledge the receipt of your letter of the 7th instant. I have already been instructed to say that on the release of three of the officers named by you, viz, Robert Tansill, late captain, U. S. Marine Corps, John R. F. Tattnall, late first lieutenant, U. S. {p.157} Marine Corps and T. S. Wilson, late first lieutenant, U. S. Marine Corps, a like number of U. S. officers of corresponding grade will be released by the Confederate States Government.

I will refer your letter to the proper authority and have no doubt I will be directed to consent to your proposal as regards the rest of the persons on your list. I will communicate with you as soon as I hear further on the subject. I beg to remind you that one of the naval prisoners, Master’s Mate Abbott, has been released by me on parole, expecting that some one of our citizens is to be returned in his place.

Very respectfully, your obedient servant,

BENJ. HUGER, Major-General, Commanding.

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Joint Resolution adopted by the House of Representatives Dec. 11, 1861.

Whereas, the exchange of prisoners in the present rebellion has already been practiced indirectly, and as such exchange would not only increase the enlistment and vigor of our Army but subserve the highest interests of humanity and such exchange does not involve a recognition of the rebels as a government; therefore

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be requested to inaugurate systematic measures for the exchange of prisoners in the present rebellion.

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WAR DEPARTMENT, December 12, 1861.

Hon. G. A. GROW, Speaker of the House of Representatives.

SIR: In answer to the resolution of the House of Representatives of the 4th instant asking what measures have been or ought to be taken to expose and punish such of the officers now on parole as were guilty of treason or cowardice in surrendering Fort Fillmore in New Mexico to an inferior force of Texas troops I have the honor to inclose a report of the Adjutant-General, which together with a copy of General Orders, No. 102, herewith furnishes all the information in the possession of the Department.

SIMON CAMERON, Secretary of War.

[Inclosure.]

HDQRS. OF THE ARMY, ADJUTANT-GENERAL’S OFFICE, Washington, December 11, 1861.

The Honorable SECRETARY OF WAR

SIR: I have the honor to acknowledge the reference to this office of a resolution from the honorable the House of Representatives dated December 4, 1861, asking what measures have been taken or ought to be taken “to expose and punish such of the officers now on parole as were guilty of treason or cowardice” in the surrender of a “force of United States troops” under Maj. Isaac Lynde in New Mexico in July, 1861, “to an inferior force of Texas troops,” &c.

In compliance with your instructions I have the honor to report that Major Lynde was by direction of the President of the United States dropped from the rolls of the Army November 25, 1861, for the offense alluded to in the resolution. It is believed that no other officer of the command was in any way involved in the suspicion of complicity in the {p.158} offense, and the commanding officer, Major Lynde, was the only person on whom the responsibility could rest.

The resolution is herewith respectfully returned, together with a copy of General Orders, No. 102.

Respectfully submitted.

L. THOMAS, Adjutant-General.

[Sub-inclosure.]

GENERAL ORDERS, No. 102.}

HEADQUARTERS OF THE ARMY, Washington, D. C., November 25, 1861.

I. Maj. Isaac Lynde, Seventh Infantry, for abandoning his post-Fort Fillmore, N. Mex.-on the 27th of July, 1861, and subsequently surrendering his command to an inferior force of insurgents is by direction of the President of the United States dropped from the rolls of the Army from this date.

...

By command of Major-General McClellan:

L. THOMAS, Adjutant-General.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, Fort Monroe, Va., December 12, 1861.

Maj. Gen. R HUGER, Commanding at Norfolk, Va.

GENERAL: I send to your care by flag of truce a quantity of clothing, &c., intended for prisoners of war at Richmond and elsewhere.

Very respectfully, your obedient servant,

JOHN E. WOOL, Major-General.

P. S.-I am detaining the clothing furnished by the United States* until I can ascertain the location of the Federal prisoners in the South. Can you not aid me in obtaining this information?

JOHN B. WOOL, Major-General.

* It is presumed the invoice sent above, and also the one on the 5th, were furnished by State authority.

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HEADQUARTERS DEPARTMENT OF VIRGINIA, &C., Fort Monroe, Va., December 12, 1861.

Maj. Gen. B. HUGER, Commanding Norfolk, Va.

GENERAL: The following extract from a letter addressed to Colonel Dimick, commanding Fort Warren, Boston Harbor, an official copy of which has been furnished me by the Adjutant-General of the Army, is sent to you for your information:

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

JOHN B. WOOL, Major-General.

{p.159}

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WAR DEPARTMENT, Washington, December 13, 1861.

Hon. F. P. BLAIR, Jr., Chairman Committee on Military Affairs, House of Representatives.

SIR: In answer to your communication of the 9th instant, inclosing a resolution of the House of Representatives of the 4th instant instructing the Committee on Military Affairs to inquire what change if any is necessary in the laws providing for the payment of soldiers who are held as prisoners of war, I have the honor to inclose a report of the Paymaster-General, whose views on the subject I particularly recommend to the attention of your committee.

Very respectfully,

THOMAS A. SCOTT, Acting Secretary of War.

[Inclosure.]

PAYMASTER-GENERAL’S OFFICE, December 11, 1861.

Hon. SIMON CAMERON, Secretary of War.

SIR: I have the honor to return herewith the resolution of the House of Representatives of the Thirty-seventh Congress relative to the payment of prisoners of war, and the letter of the Hon. F. P. Blair, chairman of the Committee on Military Affairs of the House, which papers have been forwarded by you to me with directions to report on the same. In obedience to those directions I would respectfully report that great complaints having been made on the subject of the non-payment of these men a plan was proposed to allow certain persons who might be considered as immediately dependent on the soldier for support to draw his pay while he was a prisoner even without a written authority from him. This plan was submitted for the approval of the President and being sanctioned by him was published as a general order of the Army. A copy of it is herewith inclosed.* It is believed that under