War of the Rebellion: Serial 115 Page 1494 PRISONERS OF WAR, ETC.

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Yancey and the mayor finally coincided in my proposition. The marshal was detailed to accompany me, and one or two citizen of Atlanta going to Richmond joined the party. We left Atlanta June 21st in the midst of a tumult excited by ill-disposed persons, who profited by the presence on train of an Alabama regiment, commanded by Honorable Colonel Hale, a member of your body. This gentleman soon reduced his troops to order and entering my car rode with me to his destination, Dalton.

I reached Richmond June 24; went to the Suptswood, took a room myself and sent Mr. Bassford to the President. Mr. Browne soon after came to me with Mr. Bassford and stated to me that Mr. Toombs having gone by request of the President to the governor of Virginia that gentleman had ordered me to be at once committed to jail. They both assured me that I should be released at once, the Confederate Government merely wishing to avoid any confict with the Virginia authorities. For two days I remained in jail, having no communication with any one and my baggage lying at the hotel.

On the third day Mr. Crane visiting the jail on business I engaged his services at once as my counsel. He put himself in comminication with my friends in Charleston and in this place and took steps to sue out for me a writ of habeas corups. This writ was granted me by Judge Meredith, who appointed July 4 for the hearing. On the hearing the judge ruled out all inquiry into the causes or justification of my arrest and confined my counsel to setting aside the jurisdiction of the governor of Virginia under the ordinance of April, 1861. The judge July 6 decided in favor of the governor's jurisdiction and remanded me to jail, but after seeing the evidence only in part recommended an application to the governor.

This I made on the same day through Mr. Attorney-General Benjamin. The governor promptly declared that he had no charge against me; that he had committed me at the request of the Confederate Government and would discharge me at once, "if they would state that they had not charge against me". Mr. Cane took this decleration to Mr. Toombs, who in his presence stated that I had been committed merely to take me out to the hands of a rabble; that he had not and never had had any charge against me, and that be condemned all the proceedings against me as illegal and disgraceful. Mr. Cane' statement to this effect will be found hereto appended. I have reason also to know that Mr. Toombs had expressed himself to the same effect in a letter written July 3 to a distinguished citizen of South Carolina. He said further to Mr. Crane that he must see the President as a matter of from before stating in writing what he had stated in words.

Tuesday, July 9, my counsel in obtaining from Mr. Toombs a statement to the effect that the Confederate Government had "no jurisdiction" in my case. Governor Letcher maintaining his point first taken declined to act on this, but leaving town soon after he deposited with on of his aides an order for my release to be executed immediately on the receipt of a more explicit statement from Mr. Toombs. My counsel notified Mr. Toombs' chief clerk of this, and I have myself addressed a brief sketch of the facts through Mr. Cane to the President.

But I still remain here incarcerated in the jail appropriated to felons. On the face of Governor Letcher's committal I was held to await a requisition from the authorties in Charleston. No such requisition has been made, and I have reason to know that the acting attorney-general of South Carolina and his honor Judge Magrath refused to have anything to do with any such requisition.