War of the Rebellion: Serial 115 Page 0314 PRISONERS OF WAR, ETC.

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of State October 28, 1861, directing John A. Kennedy, superintendent of polilce in New York, to arrest McAuliff on his arrival and examine his papers. He was accordingly arrested November 10, 1861, but nothing found upon him. In answer to the request of Mr. Kennedy for instructions what to do with McAuliff the Secretary of State directed November 14, 1861, the former to adopt such proceedings in matter as in his judgment was proper, and if released to compel McAuliff to stipulate on oath not to enter or correspond with any of the State in insurrection against the Government of the United States.

This man [Withers Smith] was arrested in Fairfax County, Va., where he resides, on the 28th of October, 1861, and taken to the headquarters of General Smith and soon after brought to Washington and confined in the Thirteenth Street Prison. He was charged with aiding the rebels. A report of E. J. Allen transmitted by the provost - marshal, General Porter, sets forth on the testimony of Isaac Tyson, Charles E. Johnson and William Walters that Smith was a member or agent of the rebel vigilance committee of Fairfax county and appointed to go around the county and learn who were Union men and who were secessionists and report their names to the committee; that on one occasion Smith said that every man who did not take up arms in favor of the Southern cause was a traitor to the South. On another occasion Johnson said to Smith that he should never take up arms against the Stars and Stripes, to which Smith answered that he had better not talk in that way as they has a viligance committee into whole hands he sould be given. Also that Smith went around serving notices on the members of the State militia in Fairfax County; that such a notice was served on a young man named Albert Peacock, and that Peacock left Virginia for Georgetown that same night; that the tenor of those notices was that the person upon whom one was served must be at the place of rendezvous to be drilled for the purpose of repelling the invasion of the State by Northern troops. Also that Smith has been from the beginnign of the rebellion an active rebel, and that when the draft was made out for the militia of Virginia said Smith went round and served the notice on different persons, and that one of the witnesses had seen such notices with Withers Smith's name signed thereto. That on another occasion Smith told said Johnson that the Parmetto flag would by flying over the Capitol in two weeks from that time; and when said Johnson responded that if so it would be without his aid Smith replied that he would report him to the vigilance committee the next day at Fairfax Court - House, and that if he did not take up arms against the Government he should leave the State of Virginia, for he was appointed by the vigilance committee to report the name of every Union man to them; and also that said Smith did report him to said vigilance committee and said committee thereupon had Johnson before them and threatened him and forbid him from going to the District of Columbia. Said Smith was transferred from the Thirtenth Street Prison to the Old Capitol Prison where he continued in custody February 15, 1862, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department.

The papers on file in the Department of State concerning this man [Edwaed McMurdy] do nos how where or at what time he was arrested. He was charged with being a spy in the rebel service and committed