War of the Rebellion: Serial 115 Page 0552 PRISONERS OF WAR, ETC.

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OFFICE OF U. S. DISTRICT ATTORNEY,

New York, January 10, 1862.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: On January 8 instant when the prize cause of the schooner Henry Middleton and cargo was reached in its order on the day calendar of the U. S. district court, Mr. Donohue, consel for Charles Barkley, claimant, stated to the court that his client was confined at Fort Warren and that he had bee unable to communicate with him. The district judge gave Mr. Donohue the inclosed cretificate and ordered the cause to be ajourned to the 22nd of January instant to await any action the Government might feel disposed to take in the premises. Mr. Barkley was I believe master of the vessel at the time of her capture but has never been examined before the prize commissioners. If not incosistent with the views of the Department it would facilitate the cause and strengthen the probablities of conedmining the vessel and cargo should the master be regularly examined. I desire only to lay the facts before the Department, leaving the matter of course entirely to its decision.

Veryour obedient servant,

E. DELAFIELD SMITH,

U. S. District Attorney.

[Inclosure.]

U. S. district court. The United States v. The Schooner Henry Middleton, her tackle, &c.

This cause being called in its order on the calendar, the U. S. district attorney being present and ready to try, the claimant's counsel stating that the claimant Charles Barkley is confined in Fort Warren, Boston, and his counsel is prevented from communicating with his client except in presence and hearing of a Government office, it is hereby certified that it is usual and proper that the counsel have the privilege of communicating privately with his client without being in the hearing of a stranger.

Dated January 8, 1862.

LAWR. R. BETTS,

U. S. Judge.

DEPARTMENT OF STATE, Washington, January 14, 1862.

E. DELAFIELD SMITH, Esq.,

U. S. District Attorney, New York.

SIR: I have to acknowledge the receipt of your letter of the 10th instant and its inclosures relative to the case of the prize vessel the Henry Middleton. In reply I inlcose herewith an order addressed to Colonel Justin Dimick directing him to deliver the prisoner Charles Barkley into the custody of Robert Murray, esq., the U. S. marshal, and an order for that officer to proceed to Fort Warren, receive the prisoner and convey him to New York to be examined. I will thank you to deliver these two inclosures to the U. S. marshal.

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

F. W. SEWARD,

Assistant Secretary.