360 



HABEAS OOEPUS. 



Except in the cases of persons captured from 

 privateers or who were placed as prize crews 

 on board of vessels captured by privateers and 

 subsequently recaptured, there were no trials 

 for treason in any court of the United States. 



The course pursued by the Government was 

 to arrest persons suspected of treasonable ac- 

 tions or sympathies upon satisfactory informa- 

 tion. They were then imprisoned and subse- 

 quently released on taking the oath of allegiance 

 to the Government, or upon its becoming evi- 

 dent that the information was exaggerated. The 

 manner in which arrests were at first made, and 

 the information given to the public respecting 

 the cause, are indicated by a few examples. 



Mr. Eoss Winans, a respectable citizen of 

 Baltimore, when on his way from Frederick to 

 Baltimore in Maryland, after the adjournment 

 of the Legislature, of which he was a member, 

 was arrested at the station called Eelay House. 

 An officer entered the cars and courteously in- 

 quired his name of him and stated, upon being 

 informed, that he held an order for his arrest. 

 He was taken from the cars across the track to 

 an office and placed under military guard until 

 the next day, when through the unremitting 

 efforts of his friends he was released. The 

 public were informed that he was arrested by 

 order of the President, upon the charge of fur- 

 nishing ammunition to the South. 



Mr. Faulkner, ex-Minister to France, was 

 arrested upon an order from the State Depart- 

 ment and confined in Fort Lafayette, in New 

 York harbor, and subsequently was removed to 

 Fort Warren at Boston. He afterwards was 

 allowed to proceed on his parole to Eichmond, 

 and effect an exchange of a Federal prisoner for 

 himself. No cause for his arrest has ever been 

 made public. 



The Mayor of Washington, James G. Berret, 

 was arrested and confined in Fort Lafayette, 

 and subsequently in Fort Warren. Afterwards 

 he was released. The only fact of which the 

 public were made acquainted was, that he had 

 declined to take the oath prescribed by act of 

 Congress to the Police Commissioners at Wash- 

 ington. 



At the same time, Captain Eobert Tansill, 

 and Lieutenant Thomas S. Wilson, of the Ma- 

 rine Corps, who had tendered their resignations, 

 were arrested and conveyed to Fort Lafayette. 

 No further facts were given to the public. 



Two parties existed in the Legislature of Mary- 

 land one sympathizing with the South, and 

 the other devoted to the Union. Numerous ad- 

 journments were made for a short period, after 

 which that body would again meet. At the 

 close of the last adjournment the Senate refused 

 .to re-assemble. There was a formal opening 

 of the House by the clerks, only a few members 

 being present, and a recess taken. At this time 

 small squads of a Wisconsin regiment stationed 

 at Frederick, were observed moving through 

 the city, all taking different directions towards 

 the outskirts. Thus in-about a half-hour a cor- 

 don of armed pickets circled the entire town, 



with instructions to allow no one to pass out 

 without a written permit from a member of 

 General Banks' 'staff, who had been appointed 

 provost-marshal. This had scarcely been ac- 

 complished before a squad of police officers 

 from Baltimore commenced to search the city 

 for parties they were ordered to arrest. In the 

 course of twenty-four hours, nine members of 

 the House of Delegates were arrested, and also 

 the officers of both Houses and the State Print- 

 er. Of the latter persons, however, all except 

 one took the oath of allegiance and were then 

 discharged. The others were sent to Fort 

 Lafayette. The public were told, that tBe 

 arrested members of the Legislature were in- 

 formed that their vote in favor of certain reso- 

 lutions was the cause of their arrest. 



Marshal Kane, at the head of the Police 

 Department at Baltimore, was arrested by a 

 military force and finally sent to Fort Lafay- 

 ette. The commanding General issued a proc- 

 lamation at the time stating the cause of this 

 arrest. (See page 58.) The Mayor and the 

 Board of Police Commissioners were subse- 

 quently arrested and sent to Fort Lafayette. 



In short, the process of arresting and confin- 

 ing in Fort Lafayette actually began in July. 

 The routine was nearly the same in all cases. 

 An order from Washington was received, gen- 

 erally by telegraph, to arrest and confine a per- 

 son designated. The arrest, being forcibly made 

 by the U. S. Marshal with armed attendants, 

 the prisoner was conveyed to Fort Hamilton and 

 turned over to Colonel Burke ; an aid and 

 guard of soldiers then conveyed him by boat to 

 Fort Lafayette, where he was taken charge of 

 by Lieutenant Wood, who gave a receipt for 

 the prisoner, who was then divested of any 

 weapons, money, valuables, or papers in his pos- 

 session. His baggage was opened and searched. 

 A soldier then took him in charge to the desig- 

 nated quarters, which was a portion of one of 

 the embrasures for guns, lighted only from the 

 port-hole, and occupied by seven to eight pris- 

 oners. "For each of these there was furnished 

 a straw mattress on an iron bed ; one blanket, 

 one pillow and two sheets, which were never 

 changed. One basin and pitcher served for all 

 their morning ablutions in salt water. The 

 breakfast was composed of one pint chiccory- 

 water sweetened in milk, a piece of salt pork 

 and a piece of bread. Such papers and letters 

 as had been opened, read, and approved of by 

 the officer, were allowed the prisoners. At din- 

 ner was allowed rice or bean soup in tin plates, 

 with iron spoons, bread and pork, or beef; and 

 at supper, chiccory-water in tin cups and one 

 slice of bread." Occasionally, water becoming 

 scarce, the prisoners were put upon allowance. 

 Candles were allowed until 9 P. M., when they 

 were generally burned out. The prisoners could 

 write to their friends, but the letters were not 

 sent if the contents were not approved by the 

 officer. To this institution persons were com- 

 mitted by lettres de cachet, and discharged as 

 mysteriously. 



