insurrection now existing against the Government. If so it is of course liable to seizur and condemnation, and I know of no reason why it should not be condemned accordingly.
I have the honor to be, with high respect,
NEW YORK, October 1, 1861.
Honorable SIMON CAMERON, Secretary of War.
SIR: We have the honor to report that pursuant to the instructions of the War Department we have examined the case of John Garnett Guthrey, a citizen of the State of Virginia, now confined as a state prisoner at Fort Lafayette in the harbor of New York; that a personal interview was had with the asid Guthrey in which he fully stated his object in visiting the State of New York; that it was purely for business purposes entirely disconnected with the present unfortunate troubles existing in the country; that he has not taken any part with the proceedings of the so-called Confederates in their attack upon the Government of the United States, but on the contrary by his advice and efforts has endeavored to sustain the General Government; that at an early stage of the rebellion and before any action was taken by the State of Virginia he was one of a party in Petersburg, Va., the place of his residence, to haul down the secession flag which had been presumptuosly raised in that city; that he with thousands of others in Virginia are true and loyal men but are entirely helpless so far as action is concerned in sustaining the United States Government; that he never has nor does he intend to take action against the Federal Government nor give and comfort to those in arms against it; is ready and willing to give any pledge which may be required by the Department to that effect; that the inclosed letter and affidavit of H. C. Hardy,* a most respectable and intelligent merchant of this city, fully states the purposes and objects of Mr. Guthrey's visit to New York and that we have full confidence in the truth of the same.
After considering this case we are of opinion that there does not seem sufficient grounds on which to detain Mr. Guthrey as a prisoner of state, and therefore recommed to the War Department that he be discharged from custody upon such conditions as the Department deem just.
Yours, very respectfully,
E. DELAFIELD SMITH,
U. S. District Attorney.
DEPARTMENT OF STATE, Washington, October 2, 1861.
ROBERT MURRAY, U. S. Marshal:
(For Colonel Martin Burke, Fort Lafayette, N. Y.)
Release John Garnett Guthrey on engagement to do no act hostile or injurious to the Government of the United States nor enter nor hold correspondence with any insurrectionary State during insurrection without consent of the Secretary of State.
F. W. SEWARD,
Assistant Secretary of State.
* See Hardy to Low, pp. 512, 513.