War of the Rebellion: Serial 115 Page 0423 SUSPECTED AND DISLOYAL PERSONS.

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his action, judicial or otherwise. Courts and judges, however, cannot alter on suspend the law, and it has occurred to me that Quillen may not be of sufficient consequence to render worht while any stand by us in the matter. If you think proper please telegraph me. I will postpone action till you telegraph or write.

With great respect, gratefully and truly, yours,

E. DELAFIELD SMITH.

P. S. -I should add that if the military officer refuses to produce Quillen I believe Judge Shipman will assume the responsibility and decline to grant an attachment or order to show cause.

Respectfully,

E. D. S.

[Indorsement.]

Perhaps it will be well for General Scott to give instructions to the commandant to obey no writ.

WILLIAM H. SEWARD.

FORT COLUMBUS, N. Y., July 24, 1861.

Colonel E. D. TOWNSEND,

Assistant Adjutant-General, U. S. Army, Washington, D. C.

SIR: I understand that writs of habeas corpus will probably be served upon me in the cases of Purcell M. Quillen * * * detained by me under the order of General Scott. It seems to me proper to ask instructions as to the course which it will be best for me to pursue in the event of the service of such writs.

Very respectfully, your obedient servant,

MARTIN BURKE,

Brevet Lieutenant-Colonel, Commanding.

HEADQUARTERS OF THE ARMY,

Washington, July 24, 1861.

Colonel D. D. TOMPKINS,

Quartermaster's Department, Numbers 6 State Street, New York:

Send orders immediately to commanding officers of Forts Hamilton and Lafayette to rturn to writ in case of Purcell M. Quillen that he begs leave to deline obeying the writ at this time.

WINFIELD SCOTT.

HEADQUARTERS OF THE ARMY,

Washington, July 29, 1861.

Lieutenant Colonel MARTIN BURKE, U. S. Army,

Fort Hamilton, New York Harbor.

SIR: Your letter of the 24th instant has been received. Orders were sent you the 24th instant in case a writ of habeas corpus was served on you in the matter of Purcell M. Quillen to return upon it that you beg leave to decline obeying the writ at this time. * * *

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

E. D. TOWNSEND,

Assistant Adjutant-General.