War of the Rebellion: Serial 115 Page 0548 PRISONERS OF WAR, ETC.

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DEPARTMENT OF STATE, Washington, September 23, 1861.

Colonel MARTIN BURKE, Fort Hamilton, N. Y.:

Upon the receipt of this letter you will discharge from custody the Danish subject Andres Stambol understood to be a prisoner at Fort Lafayette, concerning whom I addressed you a letter on the

I am, your obedient servant,

WILLIAM H. SEWARD.

NEW YORK, October 2, 1861.

Honorable W. H. SEWARD.

SIR: We have been employed as the counsel of the captain and part owner of the schooner Henry Middleton, libeled by the United States for condemnation. Captain Barkley, the master, is confined in Fort Lafayette, and for no offense but that of being found on the vessel (a course not unusual as we understand in such cases), and we are deprived of the means of consulting with him or preparing his defense in the suit against his vessel (to which suit we believe he has a perfect defense), as also from getting personal effects of his on board the vessel. We would respectfully ask permission to see him and prepare the defense in his case, stipulating not to take any steps to procure his personal release unless the Government accord it. It would seem very hard to prevent us seeing and conversing with him or subjecting the communications of counsel to the inspection of the military officer in command, virtually compelling him to defend through the military officer of the United States. We would submit to the fair consideration of the United States whether it is of any possible use or equitable to keep the captain there under the circumstances.

Yours, respectfully,

BEERE, DEANE & DONEHUE.

DEPARTMENT OF STATE, Washington, October 4, 1861.

Honorable GIDEON WELLES, Secretary of the Navy.

SIR: Application having been made to this Department for intercourse with persons on board the schooner Henry Middleton, understood to have been captured off Charleston, I will thank you for such information as may be in the Navy Department in regard to the circumstances attending the capture in order that the propriety of granting the application may be determined.

I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

DEPARTMENT OF STATE, Washington, October 8, 1861.

Colonel MARTIN BURKE, Fort Hamilton, N. Y.

COLONEL: Messrs. Beebe, Deane & Donohue, who represent theel for Captain Barkley, of the schooner Henry Middleton, who is confined at Fort Lafayette, request an interview with him on business. You will accordingly cause it to be granted to them or either of them in the presence of a commissioned officer of the United States.

I am, colonel, your very obedient servant,

WILLIAM H. SEWARD.