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CONFIDENTIAL.]

U. S. MARSHAL'S OFFICE,
New York, November 1, 1861.

Hon. WILLIAM H. SEWARD, Secretary of State, Washington.

SIR: I deem it my duty to inform you that I have been importuned by a great many lawyers and others representing themselves to be friends of Mr. Millner, who was confined in Fort Lafayette for his secession proclivities and subsequently removed to Boston, to assist in procuring his release. On my visiting the fort on Sunday I learned from him that he had offered a fee of $2,000 to any party or parties who could effect his liberation. Hence the anxiety and importunity evinced by certain parties to aid him in his endeavors. As I have no doubt that you will be similarly importuned I deem it only right and proper that I should put you in possession of the object the parties have in view to procure his release. He is undoubtedly one of the shrewdest and cleverest men that has been arrested, and will leave no stone unturned to procure his liberation by any means he can resort to. I am, sir, your very obedient servant,

ROBERT MURRAY,

U. S. Marshal.

FORT WARREN, Boston, November 12, 1861.

His Excellency PRESIDENT LINCOLN, Washington, D. C.

SIR: I was arrested in Brooklyn on the 12th day of September last. I have never had any charge made against me up to the present time. I am therefore at a loss to know what the charge is, and respectfully ask that my case be brought to a trial-if guilty convicted; if not allow me to go to the support of my helpless family, who are now suffering for the necessaries of life in consequence of me their only support [being] taken from them. My wife in all probability is just now in her confinement, without funds and surrounded by a small family.

As to my case I would refer you to Reverend Doctor Buddington, of the Clinton Avenue Congregational Church, Brooklyn; that is my social position and standing in the community amongst whom I dwell. Now as to cause of my imprisonment; so far as I can learn from the papers of New York and the two individuals imprisoned with me in Fort Lafayette they are true in part as follows: I employed Mr. Walker as agent on commission to sell for me a patent right for a gun in the United States, France, England and Belgium. He introduced me to several persons, amongst whom was Mr. Milluer, the individual now imprisoned with me. Each and all including the latter utterly refused to purchase the right in said gun or any part, parcel or interest in said gun, which is all the cause I can assign for my arrest and impris onment and Mr. Walker being allowed to go clear, the only one with whom I had any transactions in the case.

I am I think entitled to a hearing or a trial, but give me a fair chance for my life. I might with the same propriety be held responsible for being introduced to others for the purpose of disposing of my patent. I am not disposed to find fault with the Administration for being stringent in the discharge of their official duties, but I do feel as though there is done me a grievous wrong, and trust in you, sir, for the sake of my wife and children. That alone, sir, even though I was guilty will I trust for their sake induce you to show me an act of kindness never to be forgotten, as my wife and children are to me the only

comfort on earth, for whom I live and exist. I pray you, sir, that you will restore me once more to them. Anything you require of me in my power I will comply with, and shall consider myself under everlasting obligations to you.

I have the honor to be, Your Excellency's most obedient, humble servant,

BETHEL BURTON.

413 BROOME STREET, NEW YORK, November 25, 1861.

F. W. SEWARD, Assistant Secretary of State.

*

*

SIR: * A reconsideration of Mr. Millner's case does not change my conclusion. If you will refer to the papers on file in your Department relating to him you will find grounds I think for allowing him to remain where he is. * * *

I am, very respectfully, yours,

S. C. HAWLEY.

U. S. MARSHAL'S OFFICE, Boston, November 28, 1861.

Hon. WILLIAM H. SEWARD,

Secretary of State of the United States.

** *

SIR: * I learn from one of those discharged to-day that Bethel Burton, of Brooklyn, N. Y., boasted that he had sold a new gun to the rebels at Richmond and had men employed there manufacturing the gun, and that he would take the oath and regard it of no sort of force or obligation whenever by so doing he could get liberated, and I mention it to you in order to prevent the imposition he would delight to practice on the Government. * * *

I have the honor to be, very truly, your obedient servant,
JOHN S. KEYES,

U. S. Marshal.

FORT WARREN, November 28, 1861.

WILLIAM H. SEWARD, Secretary of State.

DEAR SIR: The U. S. marshal of Boston came down here to-day and read your order* in regard to employing counsel to obtain releases, and if the prisoners have any requests to make to direct them to you in person. All I have to say in my case is that I am willing to take the oath of allegiance to the Government of the United States on condition of obtaining my release and also not to return to Virginia or any of the seceding States without permission from you. Having written to you some time ago and never hearing from you in regard to my case I thought that in the crowd of business necessarily upon you that you had overlooked my case, and I requested my friends outside to make an effort to obtain my release, which of course they have not done nor could not do until I made my request directly to you which is much the best plan.

Hoping you will give my case your early attention I remain, yours, respectfully, J. K. MILLNER.

* See p. 151 for Seward to Keyes, November 26.

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FORT LAFAYETTE, December 1, 1861. Hon. WILLIAM H. SEWARD, Secretary of State.

DEAR SIR: Thinking that it was best to have my case presented to you by some person with whom you were acquainted I requested Mr. W. H. Ludlow to see you in my behalf but from your letter the other day I think it best to apply to you in person in my own behalf. As I have been confined some three months now and Mr. Walker who was arrested under the same charge has been released I am compelled to think if you would investigate my case you would set me at liberty. Hoping and believing that you will do me the justice to once more give me my liberty, I remain, yours, respectfully,

J. K. MILLNER. P. S.-I have not paid Mr. Ludlow any money, nor neither will do so so long as it is against your orders.

J. K. M.

FORT WARREN, Boston, December 2, 1861. Hon. WILLIAM H. SEWARD, Secretary of State, Washington.

SIR: I was arrested in Brooklyn September 12. Since that time I have been closely confined. I have a family of three children. My wife has just been confined of a still-born baby caused from her troubles and anxiety of mind. I had some means when arrested which is now exhausted, and my further confinement here is the more harassing to me because productive of misery to them.

A few days ago an ordert was read by the U. S. marshal of this place directing that application be made direct to the Department of State for an examination of their case. Being perfectly conscious of never having been engaged either directly or indirectly in any act inimical to the Federal Government I believe that an investigation of my case must result in my immediate discharge, and therefore respectfully request the Department to take action on the case, which I again respectfully insist must result in my relief from this distressing condition in which I and my family are now placed. Did I know the charge against me I might be able to defend myself from the odium thrown on my character. Until I hear from the Department I refrain from any further communication on the subject.

The early attention of the Department will much oblige, your obedient servant,

BETHEL BURTON.

P. S.-I am and always was a Union man. I am ready to comply with the requirements of the oath administered to other prisoners on condition of my release. I can prove my sincerity to the Union by the highest authority when called upon to do so.

B. B.

FORT WARREN, Boston Harbor, December 30, 1861.

His Excellency ABRAHAM LINCOLN,

President of the United States, Washington.

SIR: I was arrested in New York on September 10, 1861, by Marshal Murray acting under orders received from the Department of State

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Concerning Ludlow see Hawley to Seward, November 25, p. 149; Seward to Colonels Dimick, Burke and Loomis, November 26, p. 151, and same to Burke and Dimick, November 27, p. 153; Murray to Seward, December 7, with its inclosures, p. 174. † See p. 151 for Seward to Keyes, November 26.

and have been confined since that time in Forts Lafayette and Warren, the latter being my present place of confinement. Since my arrest suits have been instituted in the courts of New York against me amounting to over $30,000, which amount I have on deposit there and has been there since April 1, 1861. The object of the suits is the confiscation of my property. My object in writing to Your Excellency is that I may be allowed my liberty to attend the said suits upon such terms as you may designate. Although a native of Virginia my property is in New York. I have therefore no desire to go South. I only ask to be permitted to defend my property in suit. Evil-disposed persons, my enemies, are endeavoring to have my property confiscated whilst I am here, well knowing were 1 at liberty they could not accomplish their designs. I am willing to enter into any obligation the Government may require of me.

Hoping this matter will receive your speedy attention I am, with great respect, your obedient servant,

J. K. MILLNER.

FORT WARREN, January 8, 1862.

Hon. W. H. SEWARD, Secretary of State.

DEAR SIR: Having been in confinement now for four months I make a request of you to release me on parole to visit New York on business and I will report myself here at the expiration of my parole or to the U. S. marshal in the city of New York as you may direct.

Hoping you will see proper to comply with my request I remain, your obedient servant,

J. K. MILLNER.

FORT WARREN, January 23, 1862.

Hon. W. H. SEWARD, Secretary of State, Washington, D. C.

SIR: I am now nearly five months in prison. I have during that time made several appeals to you to the end that I might procure my release. I am confident that I have not violated any law at any time, and it is with this feeling that I now persist in urging upon you a speedy trial or a release from prison. Pecuniary circumstances press heavily on me; the toil of years is about to be torn from my grasp, and those whom I thought were my friends would now prefer keeping me here for selfish purposes.

I am willing to accept any terms to procure my release, an oath or a parole, although I think either uncalled for in my case.

Hoping you will consider this in a spirit of conciliation I am, respectfully, your obedient servant,

BETHEL BURTON.

FORT WARREN, January 23, 1862.

Hon. W. H. SEWARD, Secretary of State, Washington, D. C.

DEAR SIR: Will you release me on parole for thirty days to visit New York City upon some private business that needs my personal attention?

Yours, respectfully,

J. K. MILLNER.

NEW YORK, February 15, 1862.

F. W. SEWARD, Assistant Secretary of State.

SIR: Bethel Burton, a citizen of Brooklyn, was a prisoner in Fort Warren. I have seen no notice of his release. If he is not released I think he should be. I have no doubt of his loyalty. His offense was the same as Senator Bright's, only the Senator acted from an impulse of political infidelity and Mr. Burton from the attractions of commercial speculation. He offered a patent rifle to the Confederate authorities. He has been well punished and I am satisfied that he may be released with safety. He has always been desirous to take the oath of allegiance. I have no means of knowing (except through casual reports in the papers) what prisoners are discharged and therefore this may be in behalf of one already discharged.

I think the time is approaching if it has not already come when numbers of political prisoners might with safety be released. I am so impressed that future trouble may grow out of these arrests and deten tions that I intend to write you on the subject when I get time.

Yours, respectfully,

S. C. HAWLEY.

WAR DEPARTMENT, Washington, February 17, 1862.

Col. JUSTIN DIMICK, Fort Warren, Boston.

COLONEL: You may release Mr. Bethel Burton on his giving his written parole of honor that he will render no aid or comfort to the enemies in hostility to the Government of the United States.

I am, colonel, &c.,

E. M. STANTON,
Secretary of War.

FORT WARREN, February 24, 1862.

Hon. E. M. STANTON, Secretary of War.

DEAR SIR: I ask the favor of you to be released from this place upon the same terms you have given to other prisoners.

Hoping you will comply with my request I remain, your obedient servant,

J. K. MILLNER,
Of Danville, Va.

FORT WARREN, Boston Harbor, March 17, 1862.

Hon. EDWIN M. STANTON, Secretary of War, Washington.

SIR: In reply to yours of the 15th I have the honor to report that * * * Bethel Burton ordered to be released on 21st ultimo had already been released by the Secretary's order of the 17th ultimo. I am, sir, with highest respect, your obedient servant,

J. DIMICK,

Colonel First Artillery and Brevet Colonel, Commanding Post.

76 WATER STREET, NEW YORK, March 28, 1862.

Hon. Secretary SEWARD, Washington, D. C.

DEAR SIR: At the time of your ordering my arrest and confinement in Fort Lafayette last September, 10th, by the U. S. marshal or

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