War of the Rebellion: Serial 115 Page 0304 PRISONERS OF WAR, ETC.

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Wallace to the Secretary of State dated Indianapolis, September 25, 1861, in which the arrest of Morton is mentioned as having taken place and asking what shall be done with him. Mr. Wallance refers to Morton as being a secessionist an as having been in the rebel army. In reply to Mr. Wallace the Secretary of State September 30, 1861, directed him to consult Governor Morton, of Indiana, and if the latter approved to take the prisoner to Fort Lafayette. No furtther information having been received at the Department of State relative to Morton it is presumed that he was discharged.

The first information relative to this man [C. J. M. Gwinn] eceived at the Department of State was contained in a letter from Honorable Reverdy Johnson dated September 27, 1861, saying that he is informed that said Gwinn was to be arrested on a charge of disloyalty; that he was perfectly loyal and ought not to be arrested. There are no papers on file in said Department showing that said Gwinn was ever arrested but there is on file an oath of allegiance purporting to be signed by C. J. M. Gwinn and date September 27, 1861.

David B. and John H. Crumbaugh * were arrested by the home guadr in Clark County, Ky., and taken to Camp Chase, Ohio, in October, 1861. They were charged with attempting to enter the insurrectionary States countraty to the Presindent's proclamation, David B. proposing to practice law in Arkanses and John H. intending to go to Mississippi where he had been egaged as an overseer of a plantation. A telegram dated November 7, 1861, from Governor Dennison, of Ohio, asks the release of the brothers Crumbaugh. The Secretary of State replies under date of November 8 that he is compelled postpone the release of any prisoners of war from Kentucky at this juncture. Subsequently the Secretary of State equested Governord them as to their dosposition to engaged not to accept employment of any kind in the South or do any act hostile to the United States.

Edward Payne was arrested near Lebanon Junction, Ky., by military authority about October 1, 1861, and sent to Fort Lafayette. At the time of his arrest he was armed with a revolver, rifle with sword bayonet, cartridge - box, bayonet scabbard, and in every way equipped for service. He confessed that he was on his way South to join the Confederate Army. He was released by order of the Secretary of State October 14, 1861, on taking the oath of allegiance and stipulating that he would not visit any of the insurgent States or hold correspondence with any persons residing in them.

Benjamin P. Loyall, a lieutenant in the Navy and attached to the U. S. ship Constellation, was arrested on arrival of said ship at Portsmouth, N. H., from the coast of Africa by order of the Secretary of the Navy for refusing to take the oath of allegiance to the United States Government. He was committed to Fort Lafayette October 2, 1861, and transferred to Fort Warren October 30. There are no papers on file in the Department of State showing how his case was disposed of by the Secretary of the Navy.

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* In a letter of Secretary Seward this name appears as Cunnebaugh.

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