War of the Rebellion: Serial 115 Page 0804 PRISONERS OF WAR, ETC.

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to adopt is causing injury to the property. If my proposition cannot be admitted by the Administration it may be that some modification of it might meet their views and at the same time save the property in the paper.

I should be assisted and gratified by being instructed in the wishes of the President in this matter, and am, Your Excellency's obedient servant,


DEPARTMENT OF STATE, Washington, October 21, 1861.

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

SIR: You will please release James A. McMaster on the terms proposed by himself. To aid you in determining what those terms are I forward his letter* addressed to William H. Ludlow, esq., together with that in which it was inclosed* to this Department. You will please return them to me with your report in the case.

I am, sir, your obedient servant,


FORT HAMILTON, October 23, 1861.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: Inclosed please find oath of allegiance with protest annexed of James A. McMaster, whom I have this day released by your order.

Very respectfully, your obedient servant,


Lieutenant-Colonel, Commanding.


FORT HAMILTON, N. Y., October 23, 1861.

I, James A. McMaster, do solemnly swear that I will support, protect and defend the Constitution and Government of the United States against all enemies whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same any ordinance, resolution or law of any State convention or legislature to the contrary not with- standing; and further that I do this with a full determination, pledge and purpose without any emnal reservation or evasion whatsoever; and further that I will well and faithfully perform all the duties which may be required of me by law. So help me God.


Sworn to and subscribed before me this 23rd day of October, 1861.

J. C. LAY,

First Lieutenant, Twelfth Infantry.

I protest against the demand made on me to take the above oath to all the requirements of which I hold myself already bound as being at citizen of the United States. I protest against it because their is no warrant of law or of justice in requiring the oath of me. I insist moreover on adding this protest to the record of my oath.



*Not found.