War of the Rebellion: Serial 115 Page 0974 PRISONERS OF WAR, ETC.

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to New York and thence to Washington City where he will call and report himself to you. He is the bearer of a letter from Judge William Marvin giving a full statement of his case.

Captain McKay was the reputed owner of the steamer Salvor, captured by the U. S. steamer Keystone State on the 14th of October last while attempting to run the blockade. The Salvor was under English colors and was taken to the port of Philadelphia for trial. Captain McKay was detained here for trial, but as all the evidence in his case was taken North on the Salvor there was no evidence to criminate him and the grand jury returned the indictment of treason as "not a true bill. " I found Captain McKay a prisoner when I assumed the command here in November and have been expecting instructions about him, but not receiving them I have after consultation with Judge Marvin concluded to release him on his pledge to repair to Washington and report himself to you.

Inclosed is a copy of a letter* I addressed to Adjutant-General, U. S. Army, on the 7th of December last, and a copy of the certificate of the U. S. district court of the action of the grand jury.

Very respectfully, your obedient servant,

B. H. HILL,

Major, Second Artillery, Commanding.

DEPARTMENT OF STATE, Washington, January 29, 1862.

ROBERT MURRAY, Esq., U. S. Marshal, New York.

SIR: Herewith I inclose a statement from the master of the prize steamer M. S. Perry. He claims to be a British subject and states that several of his crew are confined at that fort. * * *

I am, sir very respectfully, your obedient servant,

F. W. SEWARD,

Assistant Secretary.

[Inclosure.]

FORT LAFAYETTE, New York Harbor, January 22, 1862.

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

SIR: I beg to cal your attention to my case and that of the remaining portion of my crew as well as passenger McKay (a youth of sixteen years). I am or rather was the master of the British steamer M. S. Perry, owned by John McClelland [McLenan], esq., resident of Havana, though a British subject. The M. S. Perry was on a legitimate voyage from Havana to Nassau and was captured thirty-five miles from Key West, without any intention of entering any Southern port. A portion of the crew have been released and I know of no reason for my capture in the first place nor for my present detention. I have been now confined in this fort since the early part of November and as you must have the full facts before you this time I desire most respectfuly to solicit your immediate attention to my case and that of my crew.

I am, sir, your obedient servant,

FRANCISCO MENENDEZ,

Master of the British Steamer M. S. Perry.

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* See Hill to Adjutant-General, December 7, 1861, and inclosure.

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