selves for registry on or before that day; and all such persons coming within the department after that day will report immediately on their arrival. Those who fail to comply with this requirement, will be regarded as spies or emissaries of the insurgent authorities at Richmond, and will be treated accordingly. The registry in this city will be at the headquarters of Major-Gen. John J. Peck, second in command in the department, at No. 37 Bleecker street; and in all other places out of this city at the offices of the nearest provost marshals. The registry will contain a complete description of the persons reporting, and also their places of residence, which must not be changed without notice at the place of registry.

By command of Major-General DIX. D. T. VAN BUREN, Colonel and Ass't Adj.-General. Several hundred persons from the Southern States appeared at the rooms designated in this order, and were registered. Each person was examined privately, and a record taken of his or her name, a description of his personal appearance, his former and present place of residence, his business or pursuit, and a general examination of his antecedents, intentions for the future, &c., was made. If the person subscribed to the oath, and his answers were considered satisfactory, he was allowed to depart; but if he refused to take the oath of allegiance, or the officer (Major Haines) entertained any suspicions in regard to his character, he was sent to report to Gen. Dix.

On the next day, October 29th, Brig. Gen. Green commanding the militia forces of the State, issued the following order:

HEADQUARTERS FRONTIER DEFENCES,
SYRACUSE, October 29.

General Order No. 2.

Pursuant to an order of his excellency the Governor and commander-in-chief, issued on the 12th day of August last, the General commanding assumed command of the district lying along the Canadian frontier, extending from the east line of the county of Monroe to the boundary line of the State of Vermont, and embracing the counties of Wayne, Cayuga, Oswego, Onondaga, Jefferson, St. Lawrence, Franklin, and Clinton. The General commanding now again enjoins upon all subordinate officers within the said district to exercise a special vigilance in guarding against any hostile invasions of this State by persons in the Canadian provinces, to the end that the peace of the State may be preserved from violation or disturbance. A State election is to be held on the 8th day of November next, and it has been suggested that evil-disposed persons across the border may deem this a favorable occasion to pass the frontier for the purpose of depredation upon the property of our citizens. Officers of the National Guard, within the department, are therefore reminded that unusual vigilance to intercept all such attempts will be required. But persons peacefully coming to or attend. ing the polls at the election are not to be interfered with under any pretext whatever. The election is to be held solely under the authority of the State, and is regulated by State laws, carefully framed and eminently adapted to prevent as well as punish all improper and fraudulent voting. The people in their Sovereignty and by their Constitution have regulated their right of suffrage, and this right can only be challenged and tried before the inspectors and judges of election. No military interference can be permitted. The General commanding recognizes danger to the public peace in the proposed attempt of a majorgeneral, holding his commission under the Federal Government, to take under his care and supervision within the said district the election to be held as aforesaid. For this contemplated interference there

is no necessity, authority, or excuse. The Federal Government is charged with no duty or responsibility whatever relating to an election to be held in the State of New York. Officers in the National Guard in this department, will therefore vigilantly repress all attempts to disturb the peace, will do their utmost to preserve order and quiet on the day of the election, and, if necessary, will prevent all interference with the right of any person or persons peacefully to attend at the places where the polls shall be held. By order of

JOHN A. GREEN, Brig.-Gen. Commanding. MILTON H. NORTHROP, Captain and A. A. G. On Nov. 2d Maj.-Gen. Dix issued the following instructions to the provost marshals and their deputies in his department:

HEADQUARTERS DEPARTMENT OF THE EAST,

General Orders No. 85.

YORK Nov.

To Provost Marshals and their Deputies in the Several States in this Department.

partment General Orders No. 80, you are hereby inIn pursuance of the intimation contained in Destructed to make such arrangements within your respective districts as may be practicable, for the detection of persons coming into the department for the purpose of voting, who have been in the service deserted from the service of the United States, or of the authorities in the insurgent States, who have who have fled to evade the draft. All such persons will be promptly arrested and sent to these headquarters. For this purpose detectives should be employed for two or three days before the election, and the aid of the inspectors is solicited in furnishing any information which may be obtained at the polls, and which may lead to the detection of the guilty parties. Through this information, and that obtained by detectives and challengers, it is believed that those who have the hardihood to attempt to add to their other crimes that of fraudulent voting, may be brought to punishment.

No military force will be embodied at or in the vicinity of any of the polls, and there must be no interference in any manner with the exercise of the right of suffrage, or with those who are charged with the performance of any duty connected with the election in any of the States in this department under their constitutions and laws. But if the civil authorities shall call on you to aid them in keeping the peace, you are authorized and required to do so, acting in strict subordination to them.

After the election the greatest vigilance will be exercised in regard to persons crossing the frontier into Canada; and if, in any case, there is good reason to believe that they belong to any of the classes above enumerated, they will be detained and promptly reported to these headquarters for instructions. By command of

Major-General DIX.

D. T. VAN BUREN, Col. and Ass't Adj't-Gen. the following proclamation to the people of the On the same day Governor Seymour issued State:

EXECUTIVE CHAMBER, ALBANY, November 2, 1864. In a few days the citizens of this country are to exercise their constitutional duty of electing a President and Vice-President of the United States, at a time when the condition of our country excites the deepest interest.

The questions of the day not only affect the personal welfare of all, and the happiness of their homes, but also are of a character to arouse the passions and lead to angry controversies between parties.

The existence of a terrible civil war and the assertion of the right of military commanders in some sections of our country to interfere with elections, have caused painful and exciting doubts in the minds of many with regard to the free and untrammelled exercise of the elective franchise. I therefore appeal to

all men of all political parties to unite with those holding official positions, in their efforts to allay undue excitement, soften the harshness of party prejudices and passions, and to avoid all measures which tend to strife or disorder.

However we may differ in our views of public policy, we are alike interested in the maintaining of order, in the preservation of the rights and the promotion of the prosperity of our State.

While we do not agree as to the methods by which these ends are to be gained, they are earnestly sought by all.

It is certain they cannot be reached by angry controversies, unreasonable suspicions or disorderly actions.

There are no well-grounded fears that the rights of the citizens of New York will be trampled upon at the polls.

The power of this State is ample to protect all classes in the free exercise of their political duties. In doing this the public authorities will be upheld by good citizens of all parties.

There is no reason to doubt that the coming election will be conducted with the usual quiet and order. Sheriffs of counties, and all other officers whose duty it is to keep the peace and protect our citizens, will take care that every voter shall have a free ballot in the manner secured to him by the Constitution and laws. It will be their duty to see that no military or other organized forces shall be allowed to show themselves in the vicinity of the places where elections are held, with any view of menacing or intimidating citizens in attendance thereon. Against any such interference they must exercise the full force of the law, and call forth, if need be, the power of their districts. In witness whereof I have hereunto signed my name, and affixed the Privy Seal of the State, [L. S.] at the city of Albany, this 2d day of Nov., in the year of our Lord 1864.

By the Governor : HORATIO SEYMOUR. D. WILLIAMS, Jr., Private Secretary.

On the same day, Nov. 2, the Secretary of State, Mr. Seward, sent by telegraph the following despatch to the Mayors of New York, Albany, and other cities:

WASHINGTON, Nov. 2, 1864.

This department has received information from the British provinces, to the effect that there is a conspiracy on foot to set fire to the principal cities in the Northern States on the day of the Presidential election. It is my duty to communicate this information to you.

W. H. SEWARD.

The Mayor of New York replied as follows: MAYOR'S OFFICE, NEW YORK, Nov. 8. Hon. William H. Seward:

Your despatch is received. I have no fears of such threats being carried out, or even attempted. However, I shall take all precautionary measures, and am amply prepared. Should any Federal assistance be necessary, I shall invoke the same without delay.

C. GODFREY GUNTHER, Mayor.

On Nov. 4th, Maj.-Gen. Butler arrived at New York City, from Fortress Monroe, and took command in this city. On the Monday after noon preceding the election, the 6th, 7th, and 10th Conn., under Maj. Hawley, and other regiments, making about 7,000 men, arrived at Fort Hamilton and Governor's Island, in New York Bay. On Tuesday morning, the day of election, they were placed on board of steamers, and the vessels were stationed at various points opposite the Battery, and in the North and East Rivers. They were within call on Tuesday, Wednesday, and Thursday, and could have been marched to any part of the city in half an hour.

For the order of Maj.-Gen. Butler, on assuming command, see UNITED STATES, p. 797.

On Nov. 7th Maj.-Gen. Peck, at Buffalo, issued the following order:

HEADQUARTERS DEFENCES OF THE FRONTIER, BUFFALO, Nov. 7. General Orders No. 12.

In pursuance of orders from the East, the undersigned assumes command of the forces on the frontier. The Government has not been unmindful of the exposed condition of this portion of the country now menaced by piratical invaders. The Government was slow to believe that any considerable force of the rebels would assemble in Canada for the sole purpose of murdering and pillaging undefended towns along the border. Such is, however, the fact, and rumor says plans have been matured for the commission of crimes of a blacker character than has marked any former civilization.

Maj.-Gen. Dix has made ample preparations for any emergency, and my mission is to insure full protection to the frontier and to any of the civil authori ties in maintaining order. No interference in elections will be permitted. Communications of the civil authorities from localities along Central Railroad and Lake Ontario will receive attention. All orders from department headquarters will remain in force; reports will be made as heretofore.

JOHN J. PECK, Maj.-Gen. Col. S. H. BURTON, Chief of Staff. Lieut. J. S. MCVEY, A. D. C.

On Oct. 27th Moses J. Ferry and Edward Donahue, jr., State agents to receive the votes of soldiers at Baltimore, were arrested by the closed. provost marshal, and the State agency At the same time the State agency at Washington was closed, and Col. North and other persons arrested and confined in prison. The charges alleged against the parties were the commission of frauds in connection with soldiers' votes. On the same day the military commission sitting in Washington, of which Gen. Doubleday was president, adjourned to assemble at Baltimore. Before this commission the persons arrested in Baltimore were arraigned on a charge of fraud and forgery in procuring soldiers' votes. Ferry made a confession to the Court:

I do not recollect the time when the first papers were forged, but it was in the presence of O. K. Wood, of Clifton County, N. Y. It was done in my office, No. 85 Fayette Street, Baltimore. I am and have been for the past two years agent for the State of New York, appointed by Gov. Seymour to look

after the sick and wounded soldiers of New York.

I first saw Wood on Wednesday of last week, at my office. He came and represented himself as an agent of the Central Committee of his county to look after its local ticket. He talked about the way in which sign the names of soldiers and officers, and then send votes should be taken. It was agreed that we should them home to have local tickets filled in. I made out small papers. I signed the names of soldiers on quite a number of them. I cannot tell what names we signed. The names we signed to the papers are now in the bundle on the table. I did not sign the names of officers, but Donahue signed any quantity of them.

There was a large package of these papers left with me which I destroyed. That package contained over these was first suggested by a man named Stephen 200. Donohue signed them all. The idea of forging Maxon. He is from the western part of the State of New York. He is a State Agent. It was first pro

posed almost two weeks ago. I do not know how many forged papers were sent off, but I heard them say they were sent from Washington by the dry-goods box full. I sent a package of forged papers to Gen. Farrell, with the following letter:

BALTIMORE, 22d.

If you are energetic you will be able to get the within

votes all arranged for the 8th of November. I should have done more to them, but I have not time. They are all on

the square, the same as the blacks got theirs; neither would

bear close scrutiny. Ed. Donahue said send this to you, and I have done it. Yours truly, DEMOCRAT. P. S. They are all soldiers-company and regiment all O. K. The rest I have nothing to say. If you have no use for them send them back. M. J. FERRY.

Mr. Ferry then entered a plea of guilty, which was accepted, and the Judge Advocate recommended him to the clemency of the Court.

On the 28th the trial of Donahue came up. The military commission consisted of the following members: Maj.-Gen. Doubleday, Brig.Gen. Fessenden, Col. R. Butler Price, Lieut.Col. T. A. Barker, Capt. J. H. Platt, and Capt. M. H. Ellis, with Judge-Advocate John A. Foster. The prisoner objected to the jurisdiction of the Court, on the ground that the offence charged was one which should be tried not by a military but a civil court, and pleaded guilty to having signed certain blanks with the name of C. G. Arthur, A. A. G., and that there was no such person in existence, therefore it did not constitute a crime. The Judge Advocate replied: The offence is not one against the State of New York. To constitute a crime against the State of New York, the offence must be committed within the State. This crime was committed within the State of Maryland. If the State of New York were to attempt to punish it, it would not be known in what court to try the prisoner. The crime was not committed in that State, consequently the State of New York would have no jurisdiction. On the other hand, it is not a crime against the State of Maryland. It is neither a common law crime of forgery, which requires that it should be for the sake of gain-money; nor is it a statutory crime in Maryland. It is not a crime against the civil laws of the United States; it is not a common law forgery in the United States. Hence, if a military court have no power to try the case, it cannot be tried at all. The act of the State of New York, entitled "An Act to enable the qualified electors of this State, absent therefrom in the military service of the United States, in the army or navy, to vote," is only intended to be a law in time of actual war, when quasi military law is the law of the land.

This crime goes directly to the efficacy of the service. The deprivation of a soldier of his right to vote, the knowledge that he was defrauded of it, would have a demoralizing effect. If his false vote be received at the polls, his true vote, when presented afterward, will be rejected. The very foundation of the Government, which guards the rights of citizens as electors, is by that act attacked. And the only mode in which the offence can be punished is by the military authorities. The offence is to a great extent a violation of General Order No. 265, which commands officers to take measures to secure the freedom and fairness of the election, and to see that it shall be conducted with due regard to good order and military discipline. What greater attack on good order and military discipline than this?

The Court decided that it had jurisdiction in the

of years. The Court then adjourned to meet at Washington on Nov. 3d for the trial of Col. Samuel North, Levi Cohen, and M. M. Jones. These persons, together with others by the names of Reeves and Schofield, were charged with conduct prejudicial to good order and military discipline, and with fraud toward the New York State electors, in that they forged the names of officers and soldiers to what purported to be ballots of said soldiers to be used at the election. They were also charged with dry blanks, which purported to be signed by falsely and fraudulently issuing divers and sunofficers and soldiers in the military service of the United States, authorizing certain parties to cast their votes at the ensuing State and national election with intent to defraud the true elector of his rights.

sued the following order: Meantime, on Oct. 30th, Gov. Seymour is

ALBANY, October 80. To Amasa J. Parker, William F. Allen, and William Kelly, greeting:

It being reported that Col. Samuel North, agent with certain other citizens of this State, not in the of the State of New York at Washington, together military or naval service of the United States, have been placed in arrest by the military authorities of the United States, and no reason for such arrest hav ing been given to me, and being anxious to learn the fact of such arrest and the grounds therefor, to the end that no innocent persons may be imprisoned without a fair and speedy trial, and that no obstacle may be put in the way of soldiers of this State having a fair ballot, according to its laws;

Know you, that I, Horatio Seymour, Governor of the State of New York, do hereby appoint you, Amasa J. Parker, William F. Allen, and William Kelly, Commissioners for and in behalf of the State of New York, and do authorize and direct you and each of you forthwith to proceed to the city of Washington as such Commissioners, there to inquire into the facts and circumstances relating to such arrests and alleged causes thereof, and to take such action in the premises as will vindicate the laws of the State and the rights and liberties of its citiall attempts to prevent soldiers from this State, in zens, to the end that justice may be done, and that the service of the United States, from voting, or to defraud them to coerce their action in voting, or to detain or alter the votes already cast by them in pursuance of the laws of this State, may be exposed and punished, and that you report your proceedings to me with all convenient speed. (Signed) HORATIO SEYMOUR.

D. WILLIAMS, Jr., Private Secretary.

This Commission reported to the Governor on Nov. 3d. They arrived in Washington and entered upon the business committed to them on Monday, Oct. 31st. After a preliminary interview with the Secretary of War, the following written request was submitted to him:

WAR DEPARTMENT,

WASHINGTON CITY, October 81, 1864. The undersigned request the Secretary of War that he will give them an order to receive the soldiers' votes which have been taken and are now in the custody of the provost marshal at the New York agency in this city, as further delay to forward the votes may make it too late to use them at the approaching election.

the New York agency in this city may be handed They also request that the blanks in the office of over to an agent of the State of New York, to be

used, and that the agents may be permitted to proceed and take further soldiers' ballots, to be forwarded to the State of New York; and that a military officer of the New York Volunteers may be designated by the Department to attend at the New York agency to administer oaths to voters.

The undersigned also request a copy of the charges against Col. North, and the others in custody. Also, a permit for the undersigned to see Colonel North and the others in custody, and to make provision for furnishing counsel to defend them.

AMASA J. PARKER, W. F. ALLEN, WILLIAM KELLY,

The Secretary assented to the request, and gave directions to his subordinates for their compliance. Several hundred ballots were obtained in different parcels through the Judge Advocate, which were all that had been seized. They had been detained five days on their way. They also visited Col. North in prison, which visit they thus report:

The undersigned availed themselves of the permit granted them to visit Col. North, M. M. Jones, and Levi Cohn. They found them in the "Carroll prison," in close confinement. They then learned that Messrs. North and Cohn had been confined together in one room, and had not been permitted to leave it for a moment during the four days they had been prisoners, even for the purpose of answering the calls of nature. They had been supplied with meagre and coarse prison rations, to be eaten in their room where they constantly breathed the foul atmosphere arising from the standing odor. They had no vessel out of which to drink water, except the one furnished them for the purpose of urination. They had but one chair, and had slept three of the nights of their confinement upon a sack of straw on the floor. They had not been permitted to see a newspaper, and were ignorant of the cause of their arrest. All communication between them and the outer world had been denied them, and no friend had been allowed to see them. The undersigned complained to the acting superintendent, who seemed humanely disposed, but justified his course by the prison rules and the instructions of his superiors. The undersigned afterwards complained of the treatment of these persons to the Judge Advocate, and also to the Secretary of War and the Assistant Secretary, and were happy to learn at subsequent visits to the prisoners that the severities were relaxed and their condition made more tolerable. But at neither

of these visits made to the prisoners by the undersigned, were they permitted to see them without a special permit, and only in the presence of an officer of the prison.

Application was next made to the Judge Advocate for a copy of the charges against Col. North, without success. The Commissioners then say: "From the best investigation the undersigned have been able to make, though there may have been irregularities, they have found no evidence that any frauds, either against any elector or the elective franchise, have been committed by any person connected with the New York agency."

They then delivered to the Secretary of War the following communication as presenting their case, together with a copy of their commission, with the request that they might be filed in the office of the War Department:

WILLARD'S HOTEL, WASHINGTON, Nov. 1. To Hon. Edwin M. Stanton, Secretary of War: SIR: We beg leave to submit to and leave with

you a copy of the commission from his excellency the Governor of the State of New York, under which we act in behalf of that State. From it you will perceive the nature of the duties assigned us.

In accordance with the suggestion made by your self at our first interview yesterday, we take the liberty of submitting in writing our claims in respect to the imprisonment of Col. Samuel North, Mr. Levi Cohn, and Mr. Morven M. Jones, now and since Thursday last in close confinement in the Old Capitol prison.

You are aware that they were, at the time of their arrest, in this city (Washington) as agents of the State under authority from the proper departments, to look after the interests and care for the soldiers United States. They were not in the military or naval service of the United States, and by no law of which we are aware were they subject to the mar. tial and military laws of the United States, or to the orders of the War Department.

from the State of New York in the service of the

Since our interview with yourself yesterday, we have seen Col. North in the presence of his keeper. By an inadvertent omission in our permit, we did not see the other prisoners.

We have also had interviews with Col. Foster, the Judge Advocate, having, as we understand, charge of the cases of the persons named, and have endea vored to learn the character of the offences charged against Col. North and the others named, and the nature of the charges made against them, and the character of the proofs. This was important to enable us to inquire into and prevent any attempt or anticipated frauds upon the election laws of our State, if any such were threatened. The proofs are withheld from us.

violation of any law of the United States, but relate The charges, so far as we can learn, are not for the to acts purporting to have been done under the law of the State of New York concerning elections, and making provisions for soldiers voting in that State, it being claimed that certain irregularities have intervened which give reason to suspect that frauds and forgeries are intended, and may be consummated.

These suspected and anticipated frauds have respect solely to the election laws of the State of New York, and the action of the Government in making the arrest is claimed to be justified upon the ground that unless thus prevented frauds will be perpetrated against the ballot-box at the approaching election in the State of New York.

We beg leave, in behalf of the State, respectfully to protest against this jurisdiction, assumed as well over the alleged offence as over the persons of the accused, who are citizens of the State, in its employ, and entitled to its protection.

The proper business of the State agency is greatly interfered with by the arrest and detention of the agents, and the State is deprived of its proper jurisdiction over its agents and citizens, over offences against its laws, and over its own ballot-box, and the exercise of the elective franchise within its limits.

most respectfully, demand, as we think we may prop We therefore most earnestly, and at the same time erly do in behalf of the State, the release of the persons named from arrest, that they may resume their business at the agency, if the Governor shall see fit

to continue them.

We also ask and would urge a compliance with our request that all the proofs in possession of the Government of the United States tending to show any wrongful acts or irregularities on the part of these agents may be furnished us, that we may report them to the Governor or other proper authority, to the end that the unfaithful agents may be removed, and if guilty of any offence, that they may be properly punished.

We do not consider this a proper occasion to argue the question of jurisdiction; but it may be fit and

proper to suggest some grounds upon which we think the arrests are without jurisdiction, that you may have them before you when you pass upon our demands.

1st. We claim that the military authorities of the United States have no jurisdiction of the persons of the individuals named; that they are not in the military service of the United States, or in any way subject to the orders of the military authorities; that they are the servants of the State of New York, subject to its authority and amenable to its laws.

2d. We claim that the acts charged, if proved to have been committed, are not offences against any law of Congress or any rule or order of the War Department made by authority of law.

3d. We claim that the acts, if offences at all, are only offences against the laws of the State of New York, and punishable by those laws only.

4th. The papers, whether incomplete and irregular and simply giving evidence, as is claimed, of an intended violation of the laws of New York, or complete in form, although forgeries in fact (if it is claimed there are any such, of which we are not informed), are evidence of no crime against the United States, and are of no value anywhere except in New York, where alone they can be used in the perpetration of any fraud, and that fraud would be against the sovereignty, the laws, and the people of that State.

5th. It is not to be presumed that the laws of New York are insufficient to guard against fraud of the character anticipated, or that they would be so badly administered that the frauds can be successfully accomplished, or if accomplished that the guilty will go unpunished.

But if this were not so, and it were morally certain that the frauds could and would be accomplished with impunity, the General Government would have no jurisdiction in the premises.

6th. The alleged fraudulent act would not be an offence against the soldier in the field. He cannot be deprived of his proper vote by any number of forgeries, and the presentation and reception of fictitious votes affect the whole people of the State and not the soldier alone.

7th. If the acts alleged could deprive the soldier of any right, it would be a right pertaining to him as a citizen and not as a soldier. He votes, if he votes at all, as a citizen of the State, and not as a soldier of the United States. For protection in his rights as a citizen he looks to the State only.

We will add that the laws of the State provide that parties guilty of the acts of which the parties named are suspected, shall upon their return to the State be punished.

In this connection we would refer to the cases of Ferry and Donahue, who, we learn, have been recently tried at Baltimore for acts to some extent of the same character as those charged upon Messrs. North, Cohn, and Jones.

Ferry and Donahue were, at the time of their arrest, in Baltimore, in the capacity of State agents, under authority from Gov. Seymour, and if we are not entirely mistaken in our views of the case, their trial was a nullity, for want of jurisdiction in the court or commission by which they were tried.

We therefore ask that these men be surrendered by the United States Government to the State Government, that they may be tried, and if guilty of any offence against the laws, be suitably punished.

Permit us also respectfully to suggest, without desiring to reflect on any of the agents of the departments, that the haste with which such trials were pressed through, and their ex parte character, the accused being without counsel, especially in a time of intense partisan feeling like the present, and before a court of supposed party bias, without at all bringing in question the integrity of the court, may well lead the public to distrust the fairness of the trial. We submit that if jurisdiction of the alleged

This communication was referred to the Judge Advocate General, Holt. The Commissioners then requested that the trial might be postponed until after the election, and that the prisoners might be released, in case their request of Nov. 1st was refused, on parole, to which the following answer was given:

WAR DEPARTMENT, WASHINGTON CITY, November 1. Messrs. Amasa J. Parker, W. F. Allen, William Kelly, Commissioners, &c.

GENTLEMEN: In reply to the request contained in your letter of this date, that the trials of Col. North, Mr. Cohn, and Mr. Jones, may be postponed until after the approaching election, I am directed by the Secretary of War to say that the Chief of the Bureau of Military Justice, Brig.-Gen. Holt, to whom the letter was referred, reports as follows: "The within paper is not regarded as presenting any legal grounds for postponing the trials referred to. It is believed that the cases should be allowed to take the ordinary course."

With regard to your request of this date for the release on their parole of the persons alluded to, General Holt further reports as follows: "It is expected that the trial of these parties will be proceeded with to-morrow. No reason is perceived, therefore, for paroling them."

Such being the view of the chief of the Bureau of Military Justice, the Secretary of War does not feel authorized to pursue a different course on the applications presented by you.

The Secretary regrets that it has not been in his power to make an earlier response to your application. I am, very respectfully, gentlemen, Your obedient servant,

JAMES A. HARDIE, Col. Inspector-Gen. U. S. A. The Commissioners then addressed a letter to the President, enclosing a copy of their communication of Nov. 1st, and stating the other proceedings in the case. They also addressed a final note to the Secretary of War, saying:

Although no formal reply has been made to our demand of the 1st inst., for the discharge of the prisoners, we think we may regard the answer to the requests referred to as clearly indicative of the determination of the Government to hold the persons accused, and try them by a military commission.

In this view, our duties as Commissioners have been fully discharged, and we expect to leave during the day for New York.

The report to the Governor then closed with a summary of the results of their commission :

Under these circumstances, after having retained counsel for the persons accused, the labors of the undersigned are brought to a close, their power is exhausted, and nothing remains but to report their proceedings.

The demands made in behalf of the State of New York are thus refused. The persons arrested are to be summarily tried before a military commission, clearly, in our opinion, without jurisdiction, in viola