War of the Rebellion: Serial 115 Page 0688 PRISONERS OF WAR, ETC.

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withstanding; and further that I do this with a full determination, pledge and purpose without any mental reservation or evasion whatesoever; and further that I will well and faithfully perform all the duties which may be requiredof my by law; and also that I will do no act hostile or injurious to the Government of the United States nor enter any State in insurrection against its authoirty nor hold any correspondence with citizens residing in those States nor be engaged in treasonable correspondence with any person whomsoever during the present hostilities without permission from the Secretary of State.


Sworn to and subscribed before me this 21st day of October, 1861.

J. C. LAY,

First Lieutenant, Twelfth Infantry.

DEPARTMENT OF STATE, Washington, October 22, 1861.

Lieutenant Colonel MARTIN BURKE, Fort Lafayette, N. Y.:

Do not release Sullivan from Fort Lafayette.


HEADQUARTERS, fort Hamilton, October 22, 1861.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: In answer to your dispatch of this date, received 1. 40 p. m., I have to state that Algernon S. Sullivan, a state prisoner, was released by your order yesterday evening in accordance with your letter of the 18th instant handed to me on the same evening by a deputy of Marshal Murray, from New York.


Lieutenant-Colonel, Commanding.

Case of Robert Elliot.

Robert Elliot was arrested in the State of Maine by order of the Secretaryof War and committed to Fort Lafayette September 7, 1861, and from thence transferred November 1, 1862, to Fort Warren. He was charged with disloyalty and being in open and avowed sympathy with the rebels; evidence was had of his having organized a company of his fellow-townsmen for disloyal purposes. Governor Washburn, of Maine states in a letter to the Secretary of Stae dated October 30, 1861, that-

The propriety of the arrest of Mr. Elliot is I think unquestionable from the evidence contained in the paperse which have been laid before me, to say nothing of many facts which have come to my knowledge from other sources, his treasonable designs and practices are in my judgment fully established. * * * The most salutary results have followed the prompt and wise action of the Government in this regard. I do not perceive, however, that the public good requies his further detention at Fort Lafayette.

An order was issued from the Department of State November 2, 1861, directing Colonel Dimick, commanding at Fort Warren, to release Elliot on his taking the oath of allegiance to the Government of the United States. He was accordingly released November 7, 1861. - From Record Book, State Department, "Arrests for Disloyalty. "