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HEADQUARTERS MOUNTAIN DEPARTMENT,
Middletown, June 25, 1862.

Hon. EDWIN M. STANTON,

Secretary of War, Washington, D. C.:

Walter Cool, Matthew Corbitt, Frederick Chewning and Harrison C. Rollins were recently sentenced to death by military commission at Clarksburg. The last named called himself Captain Spriggs but I am informed is not the man. The sentence is not yet approved. Have you any orders in these cases?

J. C. FREMONT, Major-General, Commanding.

HEADQUARTERS, Fort Monroe, Va., June 25, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: In October last I was authorized* by the Secretary of State to arrest Judge R. B. Carmichael, of the Eastern Shore of Maryland, if I should deem it expedient, and if necessary in his own court. In the communication by which this authority was conferred was inclosed a printed memorial addressed to the Legislature of Maryland, signed by him and expressing the most disloyal sentiments. I did not on full consideration deem it advisable to make the arrest at that time.

Soon afterwards a military arrest was made on the Eastern Shore of Maryland in a county in Judge Carmichael's district by an officer of the Second Regiment of Delaware Volunteers. At the next term of the court the judge charged the grand jury that it was their duty to present all persons concerned in such arrest and all persons who had given information on which such arrest had been made. His charges in other counties as well as this were of a most disloyal and offensive character, and it was represented to me by Governor Hicks and the most respectable citizens of the Eastern Shore that the hostile feeling to the Government prevailing there was kept up by himself and a few associates. Under the charge referred to the Hon. Henry H. Goldsborough, president of the Senate of Maryland, and several officers of the Second Delaware Regiment were presented by the grand jury and I was informed that bills of indictment had been found against them. The trial of the honorable Mr. Goldsborough was expected to take place in the month of May last and four officers of the Delaware regiment were summoned as witnesses in his behalf. They came to me and expressed a great unwillingness to obey the summons as they had been presented by the grand jury and apprehended that they would be arrested if they made their appearance in the county.

It was under these circumstances and after the repeated and earnest solicitations of the principal Union men in Judge Carmichael's judicial district that I dispatched Mr. McPhail, deputy provost-marshal of the Baltimore military police, with four policemen to Easton, in Talbot County, where the court was in session, to accompany the four officers who were summoned as witnesses, with instructions to arrest Judge Carmichael if on consultation with the honorable Mr. Goldsborough it should be thought expedient. He bore a letter from me to Mr. Goldsborough † requesting him (Mr. G.) to advise as to the propriety of making the arrest.

See Seward to Dix, October 3, 1861, Vol. II, this Series, p. 85. + See Vol. III, this Series, p. 576.

It was on full consideration deemed expedient that the arrest should be made in court in order that the proceeding might be the more marked. The bold, open and defiant hostility of the judge to the Government from the very commencement of the rebellion and his known efforts to place Maryland on the side of the insurgent States; to embarrass the officers of the Government in the measures they deemed necessary for the maintenance of its authority and to keep alive a spirit of disaffection in his judicial district were alone deemed sufficient to warrant his arrest as a measure of public security. The prostitution of his judicial authority to the prosecution of loyal men and of public officers who had only performed their duty is considered as fully justifying the manner in which it was decided to make the

arrest.

When Mr. McPhail accompanied by two of the policemen ascended the bench and respectfully announced to the judge the order to take him into custody by the authority of the United States he denied the authority of the Government and inade a violent attack upon one of the policemen. Mr. McPhail was thus compelled to use force to secure him, and he unluckily received a superficial wound on the head before he ceased to resist. It is worthy of consideration that although the court-room was crowded and although the judge appealed to the officers of the court to aid him not one of them or of those who sympathized with him came forward in his defense, a fact which would seem to indicate that the act of the Government after so long and patient an endurance of his treasonable conduct was considered neither arbitrary nor unjust by his own neighbors.

To guard against the contingency of an armed opposition to the police officers I sent two companies of infantry to Talbot County, but they did not reach Easton until an hour after the arrest was made and their services were not put into requisition.

It is proper to add that I addressed a letter* to the Governor of Maryland some weeks before the arrest stating that I was strongly disposed to make it and that my wish was to send the judge beyond the limits of the State. The Governor gave me no advice, but preferred to leave the matter where it was, trusting to my discretion to make a prudent use of the power which had been intrusted to me by the Government.

I am, very respectfully, your obedient servant,

JOHN A. DIX,
Major-General.

SPECIAL ORDERS,
No. 16.

HEADQUARTERS MIDDLE DEPARTMENT,
Baltimore, Md., June 25, 1862.

I. By direction of the Secretary of War Maj. G. B. Cosby and Capt. V. Sheliha, Confederate Army, will be sent to Fort Delaware. Maj. H. Z. Hayner, aide-de-camp, U. S. Army, will accompany these prisoners thither to-day, turn them over to the commanding officer of that post, take a receipt for them and return to these headquarters.

By command of Major-General Wool:

WM. D. WHIPPLE, Assistant Adjutant-General.

* Omitted here; Dix to Bradford, February 10, 1862, Vol. II, this Series, p. 213.

OFFICE COMMISSARY-GENERAL OF PRISONERS,
June 25, 1862.

COMMANDING OFFICER, Military Prison, Alton, Ill.

SIR: Will you please furnish me for the War Department with a list of all prisoners of war who have been or are now in confinement at the Alton Prison and please furnish a duplicate of the same for this office. Citizens and soldiers should not be entered on the same list. 1 will send you blank rolls for this purpose by express and also blank monthly returns of prisoners, with the request you will furnish a return monthly to this office. The roll called for above will take the place of those required in General Orders, No. 54, of May 17, from War Department, and if other rolls have been called for you need not furnish them till you have further instructions.

Very respectfully, your obedient servant,

W. HOFFMAN,

Colonel Third Infantry, Commissary-General of Prisoners.

(Same sent to other commandants of military prisons.)

FORT HAMILTON, N. Y. Harbor, June 25, 1862.

Brig. Gen. L. THOMAS,

Adjutant-General U. S. Army, Washington, D. C.

SIR: Your telegraphic dispatch allowing Mr. Soulé, prisoner at Fort Lafayette, to keep his servant was received. The servant was sent to Fort Lafayette and Lieutenant Wood, my officer commanding that post, received the proper orders on the subject. The inclosed note from him states that Mr. Soulé did not wish his servant to remain with him. I am, sir, very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel Third Artillery.

[Inclosure.]

FORT LAFAYETTE, N. Y. Harbor, June 25, 1862.

COLONEL: Jules saw his master in my presence and he told him to go back to New Orleans. Nothing passed between them more than above.

I am, colonel, very respectfully, your obedient servant,
CHAS. O. WOOD,

First Lieutenant, Ninth Infantry, Commanding Post.

HEADQUARTERS,

Fort Hamilton, N. Y. Harbor, June 25, 1862.

L. THOMAS, Adjutant-General U. S. Army, Washington.

GENERAL: I have the honor to report that owing to a spirit of insubordination on the part of the privateer prisoners now confined at Fort Lafayette in refusing to police their quarters and the space in front of their quarters unless their officers were made to do the same and by crying out in favor of Jeff. Davis and numerous other evidences of insubordination they have been put in irons. The work required of them was that a detail of ten men should turn out each day for the space of about a quarter of an hour to do the necessary policing which 5 R R-SERIES II, VOL IV

would bring it upon each man about once in twelve days. this may be submitted to the honorable Secretary of War. I am, very respectfully, your obedient servant,

I desire that

MARTIN BURKE, Lieutenant Colonel Third Artillery.

HEADQUARTERS,

Fort Hamilton, N. Y. Harbor, June 25, 1862.

L. THOMAS, Adjutant-General U. S. Army, Washington.

GENERAL: Lieutenant Wood, commanding at Fort Lafayette, has just reported that Miss Wells (who has a permanent pass from Assistant Secretary of War P. H. Watson to visit John Harleston, prisoner of war) while on a visit to John Harleston, prisoner of war, was detected in handing the prisoner the inclosed letter (to which I respectfully call the attention of the honorable Secretary of War) and $20. Miss Wells had already (this day) given the prisoner $20, which was turned over to Lieutenant Wood in the usual way. I have annulled the pass of Miss Wells until I receive further orders from the War Department. Very respectfully, your obedient servant,

MARTIN BURKE, Lieutenant-Colonel Third Artillery.

[Inclosure.]

E. L. C. sends you what you ask for through Colonel Burke, but fears you want more, so I hand you inclosed. Do let us know if you want for anything. I have seen a letter from a Confederate officer, dated Richmond, May 20. He is full of hope. We have heard quite lately from New Orleans; the same spirit there. In Baltimore they are quietly waiting for the good time to come. The Republicans look not quite so top-heavy, and Heaven grant that you may defeat them before Richmond, and then England and France will acknowledge you without any more delay. Private accounts from McClellan's army are fearful, but still do not let the South think he is weak. They say Halleck has re-enforced Mac and that he loses in that Chickahominy Swamp two regiments a week. Now that the Seventh is again ordered off and to Fortress Monroe a great change has taken place. Fathers look pale and begin to think it is a very anxious time. It is horrid to wish for the death of people, but I feel sure if twelve of that regiment could die it would have a most beneficial effect. In New Orleans without the assistance of Yellow Jack the mortality is fearful. Five in one hearse is nothing unusual in one day. With what pleasure they must look on these funerals. We are anxiously expecting news from Charleston, but we will have to wait long. I see no Huger mentioned, but suppose Capt. H. C. King is Margaret's brother. Mr. Henry Grinnell's son (in the Confederate Army) was wounded and taken prisoner at Front Royal. He is now in Washington. His mother went to see him. He says that before the South is subjugated every man will have to be killed; then every woman and every child. He had his two fingers shot off and part of his hand. He is crazy to be exchanged and fight again. We do not speak of this out in New York, for it might place the family in a disagreeable position. What I would give to have a long talk with you. I have so much to say. I wish you could read the letter of that officer. The spirit is magnificent. He says the women

deny themselves everything and devote all their time to the wants of the army, from city belles to factory girls. He adds:

The Southern people have, or rather had, their faults, which have disappeared, and in their place a crop of the most magnificent virtues has sprung up. They are prepared for reverses, and even if defeated before Richmond will retreat and fight elsewhere.

People here are fearfully disappointed about New Orleans. They thought they would have cotton in abundance, but none comes, and the Republicans are obliged to send gold at 72 or buy exchange at 1183 in place of filling ships with cotton as they expected. Your eyes must be weary, so adieu.

DETROIT, MICH., June 25, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

COLONEL: In compliance with your order dated Washington, June 12, 1862, requiring me to visit the permanent camps at Albany, Utica, Rochester and Elmira, N. Y., and also the U. S. barracks at Buffalo to ascertain their capacity for quartering troops and to make you a written report thereon accompanied by a general plan of each camp, I have the honor to submit the result of my examination of the camps so specified at Elmira as their condition when visited by me on or near the 19th instant.

First, Camp Rathbun:* This camp is located about one mile to the west of the town on a fine road and is easily accessible at all seasons. Its situation is quite as high as the surrounding country on firm, hard, gravelly soil covered with greensward which does not during the most violent storms become soft, as it gently slopes toward a stream on the south side and is partially drained. There is not in its vicinity either marsh or standing water nor dense forest or shrubbery which could generate malaria or disease, and the whole country about Elmira is exceedingly healthful and no forms of low fever prevail. The camp is abundantly supplied with fine, pure limestone water from two large wells on the ground. Fuel is plentiful in the vicinity and can be furnished on the ground at $2.50 per cord for hard wood and $2 per cord for soft. The ground is shut in on three sides by a low fence of about 4 feet in height built by nailing slat boards at intervals of about 15 inches to posts set in the ground 10 feet apart. The fourth side is bounded by a running stream of soft water about 25 feet wide used for bathing purposes. Lumber can be purchased suitable for building a high strong fence at 62 cents per foot and posts 8 feet out of the ground at 16 cents each. The buildings were all built by the Government and both they and the grounds are exclusively under its control, and at present are in the charge of Col. E. F. Shepard, of the New York vol unteers, whose headquarters are at Elmira. He has at present about fifty men, volunteer troops, in their occupancy. The ground is about 500 by 300 yards and although limited in extent is admirably adapted to military purposes. The buildings are all new, wooden, one story in height, with pitched roofs, and have firm floors of plank free from dampness. They are covered with boards placed with the edges together both on the sides and roofs of the buildings, and the joints or seams so formed are again covered by an outer board, making a nearly water-proof covering. They are all well ventilated by square windows

* See p. 69.

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