War of the Rebellion: Serial 115 Page 0426 PRISONERS OF WAR, ETC.

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DEPARTMENT OF STATE, Washington, September 12, 1861.

Colonel MARTIN BURKE, Fort Hamilton, N. Y.

COLONEL: James M. Smith, of 247 Broadway, New York, having requested an interview on business with Austin E. Smith, a political prisoner at Fort Lafayette, I will thank you to comply with his request, being careful, however, that the interview takes place in your presence or in that of some other commissioned officer of the United States.

I am, colonel, your very obedient servant,


DEPARTMENT OF STATE, Washington, October 10, 1861.


Fourth Auditor of the Treasury, Washington.

SIR: I inclose a note* to the Secretary from Mr. Senator Latham and will thank you to inform me if it is necessary that Mr. Austin E. Smith, who you are aware is a state prisoner at Fort Lafayette, should be released for the purpose of coming hither to settle his accounts. Please return the note with your answer.

I am, sir, your obedient servant,


Assistant Secretary.

DEPARTMENT OF STATE, Washington, October 11, 1861.

Lieutenant Colonel MARTIN BURKE, Fort Lafayette, N. Y.

SIR: Let Austin E. Smith, a prisoner confined at Fort Lafayette, be released on taking 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 do anything hostile to the United States during the present insurrection. I transmit this order to Robert Murray, esq., U. S. marshal, who has been instructed by this Department to cause a plice 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 conveyed by them to persons outside the fort.

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


DEPARTMENT gton, October 31, 1861.

HOBART BERRIAN, Esq., Fourth Auditor of the Treasury.

SIR: I have received your letter of the 29th instant* apprising me of the result of the adjustment of the accounts of Mr. Austin E. Smith, late navy agent at San Francisco. If you should not have already communicated the same information to him I would suggest that it be done.

I am, your very obedient servant,



*Not found.

+Smith declined to take the oath. See Smith to Seward, December 7, p. 427.