my knowledge but not with my consent. On the contrary the moment I was advised of their release by the U. S. commissioner I arrested them by virtue of the military authority vested in me by the President of the United States and sent them to Fort McHenry where they were still in confinement on the 1st of June when the command of the department passed into the hands of my successor.

2. By what authority Colonel Gunther, of Virginia, who refused to take the oath of allegiance was released on a conditional parole which bound him only not to take up arms against the Government while the Eastern Shore counties of Virginia remained under the U. S. authority.

Colonel Gunther was not released on any such condition as that assumed by the resolution. He was paroled by order of the commissioners appointed by the Secretary of War for the examination and disposal of state prisoners. Their order embraces other prisoners. So much as related to Colonel Gunther together with a memorandum of the execution of it is subjoined:

COMMISSION IN REGARD TO STATE PRISONERS,

New York, April 8, 1862.

Colonel W. W. MORRIS, Commanding Fort McHenry.

COLONEL: You will discharge from custody the following state prisoners on the conditions herein specified, viz: 1. Colonel Benjamin T. Gunther, on his parole of honor to rid or comfort to enemies in hostility to the United States and to hold no correspondence with any person in the insurgent States except in portions occupied by the U. S. forces.

* * * * * *

JOHN A. DIX,

Major-General.

EDWARDS PIERREPONT,

Commissioners.

We the undersigned have made ourselves acquainted with the contents of the above communication and give our paroles of honor to observe the conditions therein contained.

BENJ. T. GUNTHER.

Witness:

A. J. S. MOLINARD,

First Lieutenant, Second Artillery, Acting Assistant Adjutant-General.

It only remains to add on this point of inquiry that Colonel Gunther commanded a regiment of militia in Accomac County and immediately disbanded it on receiving my proclamation* to the inhabitants of that county and Northampton. He was released on a personal examination of his case.

3. By what authority the said Gunther was allowed to visit the camp of the Sixth Maryland Regiment at Lafayette Square, Baltimore, to search for runaway negroes.

After Colonel Gunther's release he came to me and asked permission to go to the barracks of the Purnell Legion, in Lafayette Square, to search for a negro belonging I think to his niece and supposed to have been brought from the Eastern Shore of Virginia by some of the men. I declined to give him the desired permission on the ground that I had no authority to surrender fugitives from labor or service and that he must have recourse to the civil authorities for redress. I understood afterwards that he procured a warrant from a magistrate and that he was admitted to the encampment with the officer to identify the supposed fugitive who was not found.

Very respectfully, your obedient servant,

JOHN A. DIX,

Major-General.

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*See Vol. II, this Series, p. 139, for this proclamation.

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