War of the Rebellion: Serial 115 Page 0483 SUSPECTED AND DISLOYAL PERSONS.

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FORT HAMILTON, September 5, 1861.

Honorable WILLIAM H. SEWARD,

Secretary of State, Washington, D. C.

SIR: In obedience to your instructions dated the 3rd instant at the State Department, Washington, D. C., I have discharged the prisoner, Thomas S. Serrill. Inclosed you will receive the oath legally administered and taken by him which was the condition of the discharge.

Very respectfully, your obedient servant,

MARTIN BURKE,

Lieutenant-Colonel, U. S. Army, Commanding.

[Inclosure.]

STATE OF NEW YORK, County of Kings, ss:

I, Thomas S. Serrill, of the city and county of Philadelphia, do solemnly swear that I will support, protect and defend the Constitution and government of the United States against all enemies whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, relolution or law of any State convention or legislature to the countrary notwithstantind; and further that I do this with a full determination, pledge and purpose without any mental reservation or evasion whatsoeveer; and further that I will well and faithfully perform all the duties which may be required of me by law. So help me God.

THOS. S. SERRILL.

Sworn to and subscribed before me this 5th day of September, 1861.

CHARLES W. CHURCH,

Justice of the Peace.

OFFICE OF THE U. S. DISTRICT ATTORNEY,

New York, September 6, 1861.

Honorable WILLIAM H. SEWARD.

SIR: In the matter of Thomas Steele Serril Mr. Evarts and myself took sundry depositions and were about to proceed to Fort Lafayette when Mr. Blatchford showed us your letter in which you state that you have directed his discharge. I agree with Mr. Evarts, a copy of whose letter to me follows below, that as a condition of the release of his property Serrill should be required undeer the circumstances to pay the expenses of his arrest and examination. From a conversation with his counsel. Mr. Potter, I infer that he regards this suggestion as proper and that I should have no difficulty in so arranging in relation to a redelivery to him of the bank notes and accounts taken from his person. The bank notes are in the hands of the officers of the customs but I presume they would deliver them upon my request.

Very respectfuly, your obedient servant,

E. DELAFIELD SMITH,

U. S. District Attorney.

[Inclosure.]

2 HANOVER STREET, September 5, 1861.

E. DELAFIELD SMITH, Esq., U. S. Attorney.

DEAR SIR: The decision of the Governmerrill upon his taking the oath of allegiance renders any further prosecution of the examination I had commenced unnecessary. I had made, however, a sufficient examination in the matter to satisfy myself that the arrest of the prisoner was not only fully justified by his own statements made on shipboard but that the Government would have been inattentive to