NEW YORK, August 23, 1861.
Honorable R. M. T. HUNTER.
SIR: I am requested by my friend Mr. Sullivan to add a few words in support of his request. In addition to the reasons which he has urged, under the laws of the United States themselves the acts charged in the indictment in my judgment are not piracy if done under a commission from one or more of the States of the Union, and the documents asked for are therefore all-important for the purpose of showing that the commission was issued by authority emanating from the State of South Carolina and other States whether in or out of the Union. I would add to Mr. Sullivan's list of papers an examplified copy of the record of the prize court which condemned the Joseph (the Savannah's prize) in Charleston. The State recoreds can all be certified under the act of Congress of the United States so as to make them evidence in its courts. The acts of the Confederate States should be exemplified and compared with the original records by some one whoe would be prepared to come on personally as a witness under a safe conduct, and whose name should be furnished to us as soon as practicable in order that the necessary safe conduct may be procured. The record of the prize court in Charleston should be compared in the same manner, and the name of a witness from there to prove it be furnished in like manner. We should also have a copy of the act under which the prize court is organized compared and ready to be proved in the same manner. I consider all these things of the most vital importance to a successful defense.
I have the honor to be, respectfully, your obedient servant,
WAR DEPT., ADJT. GENERAL'S OFFICE, Numbers 69.
Washington, August 28, 1861.
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II. All enlisted men in the volunteer service who have been taken prisoners by the enemy and released on parole will be discharged from the service.
HEADQUARTERS DEPARTMENT OF NEW MEXICO,
Santa Fe, N. Mex., August 28, 1861.
Captain A. GIBBS,
Mounted Rifles, Commanding Department
en route to Fort Leavenworth, Kans., and
Captain J. H. POTTER,
Seventh Infantry, Commanding Detachment
en route for Fort Leavenworth, Kans.
SIR: The colonel commanding directs that when the necessary arrangements are completed that you march with your command to Fort Leavenworth via Forts Wise and Larned, if the circumstances of the country will permit your taking the direct route. If upon your arrival at Fort Wise you should be advised that your command would be liable to interruptions on the usual route the colonel commanding desires that you will move from Fort Wise in the direction of the Smoky Hill Fork of the Kansas and down that stream to Fort Riley; or if considered safe that you go direct to Fort Kearny, taking a Fort Wise subsistence to fast your command to either of those posts.