family and deesn't care with whips; that he left Memphis fearing that he might old acquaintances in Alexandria he got on a spree and might have made some remarks the presence of the officers who were drink with him considerable and that he Emerson) thinks he has suffered enough, having been in jail nearly four months without an examination. He also states that his health is suffering for the want want of recration and on account of the unhealtines of his present quarters which latter state of affairs my operative (P. H. D.) fully certifies to.
Although a man who does not care which side whips in this contest is not exactly the man we would like to affialiate with these trying times still has made the impression in our bureau that he would not be a dangerous man to set at large under the humarizing influence of the oath of allegiance. His palming himself off among the officers at Alexandria or being introduced by his comrades, in the language of his counsel, as a U. S. officer is represented by his counsel as a drunken joke incident to the spree that he was on.
I herewith inclose you to documents received from the State Department.
Respectfully, your obedient servant,
E. J. ALLEN.
I have reason to believe from the representations contained in the within report and from whatI have been able to obtain that the arrest and committal of the within-named John S. Emerson grew out of indiscretions of his while in a state of intoxication without any real criminal intentions on his part, and I would respectfully recommend his discharge.
Very respectfully, &c.,
Brigadier-General and Provost-Marshal.
DEPARTMENT OF STATE, Washington, October 16, 1861.
Brigadier General ANDREW PORTER,
SIR: Let John S. Emerson, a prisoner confined in your custody, be released on takine the oath of allegiance to the Government of the United States stipulating that he will neither enter any of the States in insurrection against the authority of the United States Government nor hold any correspondence whatever with persons residing in those States without permission from the Secretary of State; and also that he will not to anything to the United States during the present insurrection. You will please make the stipulations a part of the oath.
I am, sir, very respectfully, your obedient servant,
F. W. SEWARD,
I. John S. Emerson, late of Memphis, Tenn., solemnly swear on the Holy Evangelists of Almighty God without any mental reservation that I will at any and all times hereafter and under all circumastances yield a hearty and willing support to the Constitution of the United States and to the Government thereof; that I will not either directly or indirectly take up arms against the Government or aid those now in