War of the Rebellion: Serial 115 Page 0425 SUSPECTED AND DISLOYAL PERSONS.

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in such State, but he declined either to take the oath or give his parole. On the 29th of October the Fourth Auditor of the Treasury informed the Department of State that on a final settlement of smith's accounts as late naval agent and acting paymaster at San Francisco a balance was found to be due from him to the United Sttes of $4,042. 47. On the 7th day of December having made no denial of his disloyalty Smith made several propositions to obtain his release, among which was a proposal to be exchanged for some loyal citizen held as a prisoner by the rebels, thus admitting his own treason. From all the evidence in the case it appears that Austin E. Smith is a disloyal man un full sympathy with the rebellion, and from his personal and social relation and respectability to obtain his release and serve him in his confinement possessed of dangerous influence and pwoer for evil. The said Smith having been transferred to Fort Warren remained ithe 15h of February, 1862, when in conformity with the order of the War Department of the proceeding day he was transferred to the charge of that Department. -From Record Book, State Department, "Arrests for Disloyalty. "

WASHINGTON, August 2, 1861.


Marshal Southern District of New York:

Deliver Austin E. Smith, a political prisoner, to Lieutenant Colonel Martin Burke, U. S. Army, commanding Forts Hamilton and Lafayette, who has instructions to receive and hold him in custody.



New York Harbor, August 3, 1 861.

Bvt. Lieutenant Colonel M. BURKE,

Commanding Forts Hamilton and Lafayette.

COLONEL: I this day received of Robert Murray, marshal southern district of New York, Austin E. Smith, a political prisoner, and have confined him in same room with Messrs. Lyon, Alvey, and the three police commissioners. I herewith inclose you the telegram from Honorable William H. Seward to Robert Murray authorizing him to deliver the prisoner at this post.

I am, colonel, with repsect, your obedient servant,


Second Lieutenant, Ninth Infantry, Commanding Post.

DEPARTMENT OF STATE, Washington, August 27, 1861.

Lieutenant General WINFIELD SCOTT, Washington.

GENERAL: Mr. Hobart Berrian, the Fourth Auditor of the Treasury, has addressed a letter to this Department requesting leave to visit Mr. Austin E. Smith at Fort Lafayette on business relating to his accounts as navy agent at San Francisco. I will consequently thank you to send Mr. Berrian a permit for that purpose.

I have the honor to be, general, your very obedient servant,


Assistant Secretary.