War of the Rebellion: Serial 119 Page 1053 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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RICHMOND, March 15, 1864.

Brigadier General JOHN H. WINDER:

SIR: I have examined the papers in the case of one Tom Heath, a freeman of color, who was imprisoned in one of the military jails of this city on the 5th instant. Heath is a resident of Goochland County and is charged by a gentleman of the highest respectability and veracity with having acted as a guide to the enemy during the recent raid of General Kilpatrick and Colonel Dahlgren through Goochland. The only witness I learn against the accused is a son of Mr. S. D. Fisher, whose testimony, in the absence of other witnesses, would not be sufficient proof of the overt act of treason, although there is no doubt of Heath having adhered to the enemy, giving them aid and comfort. His offense is one of so grave a character that I regret to say he cannot, I fear, be successfully prosecuted for treason. The act of Congress of the 15th of February, 1864, providing for the suspension of the writ of habeas corpus in certain cases, will enable the Secretary of War to inflict the punishment of imprisonment upon the accused. He has clearly been guilty of the crime of communicating intelligence to the enemy, giving him aid and comfort and holding intercourse with the enemy without necessity and without the permission of the Confederate States, and he may therefore be imprisoned and denied all recourse to the writ of habeas corpus. As hard labor for the benefit of the Confederate States should be superadded to the punishment of imprisonment, I have no recommend the immediate reference of the papers in this case to Judge Campbell, the Assistant Secretary of War, who will issue the necessary orders for the imprisonment of Heath. The crime with which he is charged is one of such frequent occurrence that an example should be made of Heath. It is a matter of notoriety in the sections of the Confederacy where raids are frequent that the guides of the enemy are nearly always free negroes and slaves.

Respectfully,

P. H. AYLETT,

C. Sney.

[First indorsement]

HEADQUARTERS DEPARTMENT OF HENRICO,

Richmond, March 18, 1864.

Respectfully forwarded to the Secretary of War.

JNO H. WINDER,

Brigadier-General.

[Second indorsement.]

MARCH 18, 1864.

ASSISTANT SECRETARY:

This man, a free negro, piloted Dahlgren in Goochland. But one witness can be had to prove guilt and Mr. Aylett asks to have him confined and put to labor, denying recourse to habeas corpus. Recommendation approved.

B. R. W[ELLFORD], JR.

[Third indorsement.]

MARCH 25, 1864.

Refer to Brigadier-General Winder to have him detained in custody and placed at hard labor work in a secure place and for other attention.

By order:

J. A. CAMPBELL.