War of the Rebellion: Serial 115 Page 0933 SUSPECTED AND DISLOYAL PERSONS.

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U. S. MARSHAL'S OFFICE, New York, January 21, 1862.

Honorable WILLIAM H. SEWARD, Secretary of State, Washington.

SIR: Agreeably with instructions communicated in your letter of the 17th [16th?] instant I proceeded to Fort Lafayette to administer the oath of allegiance and release W. T. Casto. * * * [He] refused to take the oath and consequently remains in custody. * * *

I am, sir, your most obedient servant,


U. S. Marshal.

WAR DEPARTMENT, Washington, February 21, 1862.

Lieutenant Colonel MARTIN BURKE, Fort Lafayette, New York Harbor.

COLONEL: You may release on the 22nd of February instant the following prisoners confined in Fort Lafayette upon their engaging upon their honor that they will render no aid or comfort to the enemies in hostility to the Government of the United States: W. T. Casto. * * *

By order of the Secretary of War:



FORT LAFAYETTE, New York Harbor, February 22, 1861.

We the undersigned do solemnly promise upon our word of honor that we will render no aid or comfort to the enemies in hostility to the Government of the United States.



Case of Captain Michael Berry.

Captain Michael Berry, of the "high seas,' was arrested by order of the Secretary of State in New York October 7, 1861, and conveyed to Fort Lafayette, and was on the 1st of November transferred to Fort Warren. The charges against Captain Berry were his openly expressed sympathy for the rebel cause; talked secession loudly and publicly, and when captain of a steamer running between New York and Charleston and after South Carolina had formally seceded he carried the rebel flag into and out of the port of Charleston, and that as a token of his loyalty to the rebel cause he was presented with and accepted a cane from a committee of citizens of Charleston. The said Michael Berry remained in custody at Fort Warren February 15, 1861, when in conformity with the order of the War Department of the preceding day he was transferred to the charge of that Department. - From Record Book, State Department, "Arrests for Disloyalty. "

DEPARTMENT OF STATE, Washington, October 24, 1861.

Honorable SETH C. HAWLEY, New York.

SIR: Herewith I transmit to you certain statements in reference to the case of Captain Michael Berry, now cinfined in Fort Lafayette, N. Y.