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Hon. W. H. SEWARD:

NEW YORK, September 10, 1861.

I have arrested John K. Millner on the charge of purchasing a patent for rifling cannon for the rebels. The machine was to have been shipped South this evening. What shall I do?

ROBERT MURRAY,

U. S. Marshal.

DEPARTMENT OF STATE, Washington, September 10, 1861.

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

Send John K. Millner to Fort Lafayette.

WILLIAM H. SEWARD.

Hon. W. H. SEWARD:

NEW YORK, September 11, 1861.

Robert R. Walker, of Brooklyn, the partner of Millner in the rifle gun transaction, is in custody. What shall be [done] with him? JOHN A. KENNEDY,

Superintendent.

DEPARTMENT OF STATE, Washington, September 12, 1861.

ROBERT MURRAY, U. S. Marshal, New York:
Arrest Bethel Burton and take him to Fort Lafayette.

W. H. SEWARD.

Hon. WILLIAM H. SEWARD:

NEW YORK, September 12, 1861.

I have arrested Bethel Burton, the person that sold the patent to Millner to make the rifle gun. What shall I do?

Hon. WILLIAM H. SEWARD:

ROBERT MURRAY,

U. S. Marshal.

NEW YORK, September 12, 1861.

I have arrested B. F. Corlies on the charge of printing bank bills for the rebels. The evidence against him is conclusive. What shall I do?

ROBT. MURRAY,

U. S. Marshal.

U. S. MARSHAL'S OFFICE, New York, September 12, 1861. Hon. WILLIAM H. SEWARD, Secretary of State, Washington.

SIR: In obedience to your orders I have arrested John K. Millner and Marcus Cicero Stanley,* who are now at Fort Lafayette. I have also made every effort to arrest the president of the Bank of the Republic but am afraid the bird has flown. Inclosed you will please

*See p. 766 for case of Stanley.

find a sheet of shinplasters, printed for the said Millner by Corlies, of this city, who I have also arrested and await your directions in regard to him.

Yours, respectfully,

ROBERT MURRAY,
U. S. Marshal.

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DEPARTMENT OF STATE, Washington, September 13, 1861.

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

Send Corlies mentioned in your letter of yesterday to Fort Lafayette.

WILLIAM H. SEWARD.

NEW YORK, September 14, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State:

On the 2d instant J. K. Millner gave our firm an order for 1,000 sheets of bills for the Bank of Pittsylvania, Chatham, Va., to be lithographed. The order was executed and the bills delivered on the 9th instant, for doing which B. F. Corlies, my partner, has been arrested and sent to Fort Lafayette. This order was received in the regular course of our business (amounting to $135) and executed without any intention or supposition on the part of our firm that we were violating the laws of the United States. We have never felt that our loyalty should be for a moment questioned, having rendered all the aid in our power since the rebellion first commenced to sustain the Government, I as a member of the Seventh Regiment New York State Militia going with the regiment to Washington when ordered there, and during my absence Mr. Corlies sent our porter, Theodore Craft, with the Eighth Regiment New York State Militia, our firm (with moderate means, having recently commenced business) paying his salary during the term of his enlistment for three months and hiring a person to fill his place while away. Respectfully,

CHARLES A. MACY, JR.

The undersigned have long and intimately known the parties constituting the above firm and know the above statement to be true in every particular.

CHAS. A. MEIGS.
CHARLES A. MACY.
JACOB CAMPBELL, JR.

FORT LAFAYETTE, September 15, 1861.

CHARLES O'CONOR, Esq., New York.

DEAR SIR: I perceive by the newspapers that the Government of the United States has taken steps to confiscate what funds I have in the hands of Messrs. Peters, Campbell & Co., of New York, and I wish you to undertake to defend the case for me and also to get me my personal liberty; and if you will be allowed to see me I would be glad for you to visit me at once and have a conversation with me and I will satisfy you about my responsibility to pay you for your services. Your early attention to my request will very much oblige, yours, respectfully,

J. K. MILLNER.

P. S.-You are requested not to publish the above letter or any part of the same.

J. K. M.

DEPARTMENT OF STATE, Washington, September 17, 1861.

Col. MARTIN BURKE, Fort Hamilton, N. Y.

COLONEL: I will thank you to direct B. F. Corlies, now confined as a political prisoner at Fort Lafayette, to be discharged upon his taking the oath of allegiance.

I am, your obedient servant,

WILLIAM H. SEWARD.

STATE OF NEW YORK, County of Kings, ss:

I, Benjamin F. Corlies, do solemnly swear that I will support, protect and defend the Constitution and Government of the United States against all enemies whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State convention or legislature to the contrary notwithstanding; and further that I do this with a full determination, pledge and purpose without any mental reservation or evasion whatsoever. So help me God.

BENJ. F. CORLIES.

Sworn to and subscribed before me this 18th day of September, 1861. CHARLES W. CHURCH, Justice of the Peace.

FORT LAFAYETTE, September 21, 1861.

Hon. W. H. SEWARD, Secretary of State, Washington. DEAR SIR: I wish for you to give me written permission to send to Virginia for my wife as I am confined here and do not know when I will be able to get out, and in case that I get my release (which I am sure that I would get if I could see you) I would prefer remaining in New York until the war is over. I can employ a man to go to Virginia for my wife if you will give the permission and give me a chance to see the parties.

In regard to my money that the Government has libeled here in the city of New York it has been there ever since before the proclamation of the 15th of April issued by the President, and I have not taken it home for the reason that I believed it was safer here than at home aud never had any idea of moving it until I got afraid of having it confiscated. And so far as the rebellion is concerned I have never taken any hand in it in any way, as I voted for Union men for my State convention, and when the ordinance of secession was voted on by the people I left home for the reason that I could not vote for it and was afraid to vote against it.

I have been here in this fort for some ten days, and if you would give me a chance I could prove to your entire satisfaction that I have neither committed treason nor intended any. If you will order a deputy marshal to convey me to Washington I will pay all of his expenses and my own and also his salary during the time, and I will guarantee if you will see me that you will order my release.

Hoping that you will comply with some of my request, I remain, yours, respectfully,

J. K. MILLNER, Formerly of Danville, Va.

P. S.-You will please not publish anything in this letter.

48 R R-SERIES II, VOL II

J. K. M.

DEPARTMENT OF STATE, Washington, September 24, 1861. SETH C. HAWLEY, Esq., New York.

SIR: I inclose herewith a letter from J. K. Millner, a prisoner now confined at Fort Lafayette, for you to examine and report upon the case. There are no papers here relating to it, and you will please apply to John A. Kennedy, the officer at whose instance the arrest was made. I am, sir, very respectfully, your obedient servant,

WILLIAM H. SEWARD.

DEPARTMENT OF STATE, Washington, September 25, 1861. SETH C. HAWLEY, Esq., New York.

SIR: I inclose herewith the telegraphic dispatch from Robert Murray, esq., U. S. marshal, which is all we have relative to the case of Bethel Burton, confined at Fort Lafayette. Will you please take such additional testimony as may be offered in regard to the case and return the inclosure with your report thereon?

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

DEPARTMENT OF STATE, Washington, September 25, 1861.

Col. MARTIN BURKE, Fort Lafayette, N. Y.

SIR: You will please permit the wife and children of Bethel Burton to visit him in the presence of a proper officer. I am, sir, your obedient servant,

WILLIAM H. SEWARD.

J. KERNAN.

FORT LAFAYETTE, September 25, 1861.

DEAR SIR: * * Go see Mr. Develin, son-in-law of Stetson who keeps the Astor House, and say to him if he will get permission to visit me I want to see him, and that if he will get me out from here that if he wants one or two thousand to help him in the election coming he cannot only do me an act of justice but aid the party in the coming struggle. I suppose you are posted and as I can say nothing more in this I will intrust you with this little errand for me, believing you will favor me with your services. * * * We have all the papers and discuss the affairs of the nation the same as though I was in the Canadas. Of course we can not write anything of a private nature, which is the only thing deprived of. I would wish you to say to Mr. Develin that I will take the oath given to others, for as you know I was always a Union man and can take it with a good grace. Whether in or out I feel a man's spirit buoying me up to meet any fate that may befall me. Come down often as I will like to see you even through a glass. Our numbers are increasing very fast, twenty being added since Sunday as you will see by the papers. Farewell, old friend, until next we meet.

BETHEL BURTON.

P. S.-It is my desire that nothing in this shall be made public.*

* Omitted portions refer to unimportant matters.

B. B.

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DEPARTMENT OF STATE, Washington, September 27, 1861.

SETH C. HAWLEY, Esq., New York.

SIR: Herewith I transmit to you all the papers on file* in this Depart ment relative to Robert R. Walker, a prisoner now confined at Fort Lafayette, and will thank you to take such additional testimony as may be offered and return them to me with your opinion as to the case. I am, sir, your obedient servant,

WILLIAM H. SEWARD.

NEW YORK, September 28, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: As requested by your letters of the 24th and 25th instant T have examined the cases of J. K. Millner and Bethel Burton and beg leave to submit the following report: On applying to John A. Kennedy, superintendent of police, as directed by you, I was referred to Robert Murray, marshal of the southern district, and John S. Young, sergeant of the New York detectives. I inclose herewith the affidavits of both. The testimony shows that Millner and Bethel are particeps criminis, engaged in the same transaction; the testimony relates to both. therefore make one report for both cases. The testimony is not taken in a manner nor is it of such a character as to be admissible in the case of Burton on a trial in a court of law. Nevertheless it is sufficient to establish to a moral certainty certain important leading facts and to satisfy any mind that testimony admissible by technical rules can be adduced sufficient to inculpate both the men.

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I think it is shown that Burton was the inventor of a new implement of war in the character of a rifle; that Millner was a speculator with means; that they put their heads together, went to Richmond and contracted with the military authorities in command of the armies now making war against the Government to supply them with 40,000 or 50,000 of the rifles; and that they were arrested here in New York while making preparations for performing their contract. They had not only intended and agreed to do this thing but had taken steps and done overt acts, such as engaging machinery and hiring men to manufacture the guns. All this can be amply and clearly proved I do not doubt. I therefore do not doubt that J. K. Millner and Bethel Burton have committed an offense against the United States for which they can be legally held and punished.

I will add that in this case as in many others the mercenary and not the political motive preponderated in inducing the acts of the parties, and also that the men are men of talents, enterprise and courage, well calculated and very likely to pursue money-making schemes regardless of law and patriotism.

I do not notice the matter of the paper money because one good reason for holding the men prisoners is enough; and further because I think that the uttering of the money was probably to have occurred at the South as a private speculation, in no way calculated to injure the United States Government or to aid the States or people who are engaged in rebellion. Punishment for that crime ought probably to proceed from the States where the money should be put in circulation. All of which is submitted.

Respectfully,

S. C. HAWLEY.

* Statements of Walker's friends establishing his loyalty, which are omitted.

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