War of the Rebellion: Serial 115 Page 0476 PRISONERS OF WAR, ETC.

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my position if my conclusions led me to support the couse of the Union. It deprives me of all deliberation and free will. If proposes to rivet patriotism upon me by fetters and to grind loyalty into me by the horrors of the prison. It seeks to anticipate the regular conclusions of my own reason and judgment and to make me a patriot by the potent process of the dungeon. I cannot accept your prescription. Arbitrary power and brute force have given you control oveu can exercise none oveer the mind. I cannot b eforced by any threat or menace of the govenment to throw away all my chances and capacities for public service in the future and to permit byself to be presented before the country as one who has taken his position on the present eventful crisis of the country not by the light of his own reason and patriotism but under a threat of perpetual imprisonment by the Governemtn. Such submission on my part would consign me to deserved contempt and to perpetual inactivity. Even the Union men of Virginia would spurn my counsel and turn their backs upon my recommendations.

I need nott trouble you with further remariks. The fackts of my case are fully before the government. It has power to prolong my imprisonment. It will have to use that power under a just responsibility to the country and to the civilized wirld.

I am, very respectfully, your obedient servant,


WASHINGTON, September 26, 1861.

Honorable JUDAH P. BENJAMIN, Richmond, Va.

DEAR BENJAMIN: I suppose that I may abandon all hope of having you with me at the argument of the Alexander cas in the Supreme Court. The continuance or dismissal as I suppose will be determined upon all of the cases from the seceded States, making certain the hearing of ours at the next term. As you will not be able to be present and I am anxious that you save your fee cannot you send a full brief?

Differ as we may-and do tatally-on the quesstions growing out of the deplorable crisis in which we are I shall ever remember with great pleasure the many pleasant hours I have spent with you and lament our separtaion, which I fear is to bee forever.

Among the sad consqunces growing out of the present strife is the arrest of gentlemen on both sides in whom I am sure you feel with me a friendly interest. Here my and your friend, Mr. Faulkner, is under arrest and has been for many weeks. He is now in Fort Lafayette, N. Y. You have I am tld Mr. Harry Magraw. Now I have no doubt that if Magraw was discharged I could at once procure the discharge of Faulkner. mr. Davis knows me well enough to be satisfied that I would endeavor in good faith to carry out such a purpose, and my relation to the Administration here is such that I am as certain as I can be of any future event that the endeavor would be successful. Mr. Faulkner I have long known intimately, and I am most anxious to relieve him from his present condition and restore him to his family, deeply distressed, as they cannot but be, at his imprisonment, Magraw's motive in visiting your camp was a humane one and however technically considered he may have rendered himself liable to arrest his is not a case for extreme rigor.

Hoping that you will fing an opportunity to write me and that my suggestion as to Faulkner and Magraw may be carried out, I am sincerely and will continue, happen what will, to be your friend,