War of the Rebellion: Serial 115 Page 0770 PRISONERS OF WAR, ETC.

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more to the point, but the facts alleged therein when separated from the inferences and opinions are not inconsistent with the innocence of Mr. Stanley. Large numberes of recruting stations have been opened in this city. Great competition has existed between them. Numbers of most earnest patriots have been busy in securing enlistments into the particular corps in the success of which they have left interested, nor have they hesitated to get men away from each other when opportunity offered. But such acts are not treasonable; they result from a possible excess of loyal zeal.

Upon the testimony submitted by you the arrest of Stanley would be justified although it would not be clearly sufficient to convict him of any crime, and looking upon that testimony alone I should be of opinion that he should be held for the present. Considering, however, that your object is simply to arrive at a just conclusion as to the guilt or innocence of Mr. Stanley I venture to transmit a mass of testimony on behalf of Mr. Stanley which has bee voluntered by the several persons whose affidavits are inclosed. These affidavits show that Mr. Stanley has openly carried the American flag, talked strongly for the Government and against rebellion, been active in securing enlistments for the Federal Army, paid numerous and considerable sums of money to aid the raising of loyal troops, been at the cost of a stand of colors to be presented to a regiment of volunteers, expressed the opinion that the United States would put down the rebellion in a short time and advised investments in the Federal loan. These facts are quire inconsisten with treasonable practices or even sympathy with rebellion; they are earmarks of loyalty. They could not have been pretenses to cover up such trifling practices as are charged in the affidavits against him.

If therefore you will allow me to consider all the testimony contained in all the affidavits against and on behalf of Muld decide without hesitation that Marcus C. Stanley is a loyal man, earnestly devoted to and desiring the success of the United States Government in its contest with rebellion and not guilty ofhte charges contained in the affidavits of Andrew Sheehan and Charles Diamond.

I remain, very respectfully, yours, &c.,


I herewith inclose the documents forwarded* me and also affidavits on behalf of Mr. Stanley made by J. H. Godwin, Alexander Ward, William Ryan, Francis Clark, John Clancy, Jacob L. Dodge, Henry L. Jewell and John A. Duff. +

S. C. H.



Assistant Secretary of State of the United States.

DEAR SIR: Yours of the 17th++ covering further documents relating to the case of M. C. Stanley is received. They contaiin cumulative evidence to the loyalty of Mr. Stanley. You will have received my communication on this subject forwarded last evening. These papers strengthen my conclusion and I have nothing to add to it. Whatever


*Affidavits of Sheehan and Diamond.

+Omitted; substance stated in Hawly's report.

++Not found.