War of the Rebellion: Serial 115 Page 0352 PRISONERS OF WAR, ETC.

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effect. I am acquainted with no facts warranting his further detention. On the contrary I believe that justice to the prisoner and the honor of the Government alike demand his immediate release. I am, sir, most respectfully, yours,


U. S. Attorney.

DEPARTMENT OF STATE, Washington, December 13, 1861.

Lieutenant Colonel JUSTIN DIMICK, Fort Warren.

SIR: Let Richard H. Alvey, a prisoner confined in Fort Warren, be released on taking the oath of allegiance to the Government of the United States stipulating that he will neither enter into any of the States in insurrection against the authority of the United States Govrnment not hold any correspondence whatever with persons residing in those States without permission from the Secretary of State; and also that he will not do anything hostile to the United States during the present insurrection. I transmit this order to John S. Keys, esq., U. S. marshal, who has been instructed by this Department to cause a police examination to be made in some cases of the persons and baggage of prisoners discharged from custody to the end that no correspondence or other improper papers be coneyed by them to persons outside the fort.

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


Assistant Secretary

HEADQUARTERS, Baltimore, December 14, 1861.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: In response to your letter of the 10th instant * * * I know nothing of Richard H. Alvey. He was sent here from the Upper Potomac. I respectfully sugest that persons who have been long in confinement without specific charges against them should be released on taking the oath of allegiance. This it is supposed is such a case. The papers in his case are herewith returned.

I am, very respectfully, your obedient servant,



FORT WARREN, Boston Harbor, December 19, 1861.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: After an imprisonment of six months (since 18th of June last) I was yesterday offered release upon terms of taking an oath of allegiance and stipulating to observe certain other conditions. I extremely regret that the tems of the tendered release were such as I could not accept consistently with self-respect and a proper regard for the opinion of those with whom I live and ma accustomed to associate. However willing and ready I may be upon all lawful occasions to take an oath of allegiance to the Government (and I hold myself rady upon all such occasions) I cannot reconcile it to my own self-respect to become the especial object of tests that are not prescribed to all others bearing the same relation to the Government as myself (that of a mere private citizen) nor justified by any law of the land. The oath of allegiance pro-