111 Series II Volume II- Serial 115 - Prisoners of War
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prisoners of war who may be sent there for safe-keeping. His excellency the governor of Massachusetts will detail a battalion of volunteers as a garrison for the fort on your application to him, which application the General-in-Chief desires you to make as early as practicable as the order for transferring the prisoners from New York Harbor cannot be given until you are established at Fort Warren. The general desires you to be governed by the following general instructions:
First. That the prisoners be securely held and that they be allowed every privilege consistent with this end, including opportunity to take air and exercise and be treated with all kindness.
Second. That a record be kept of the name, dates of confinement and release of the prisoner.
Third. That they may be permitted to provide themselves with such comforts as they require, if they have the pecuniary means; that they be allowed to receive under proper inspection articles of food, clothing and small sums of money not exceeding $20 at a time, &c., which may be sent them by friends.
Fourth. That they be allowed to transmit and to receive unsealed letters through your hands which on inspection shall be found to contain nothing inflammatory or injurious to the United States, and to receive or purchase the newspapers of the day. You will use your own discretion whether to forward or return to the writes as improper such communications as you receive from or from the prisoners, and in case of doubt you will forward them to this office for consideration.
Fifth. That persons intercourse with visitors be not allowed them except by express permission from proper authority in Washington, and then only in the presence of an officer.
Sixth. That when released by proper authority prisoners shall be examined to see that they bear their persons no authorized communication from those left in the fort.
Seventh. That an exact account be kept of the subsistence and clothing issued by the Government to each person. You will receive without other special instructions in each case all prisoners who may be delivered to you by order of the Secretary of War or State or by the U. S. marshal for the district. Should writs of habeas corpus observed on you for the prodisoners of war you will respond thereto that they are held as prisoners of war, and in these cases and also in any case of a political troubles you cannot comply with the requisition of the honorable judge. If then a writ of attachment is attempted to be served on you will resist being taken yourself or having your prisoners liberated with all the force at your command. The President's authority to suspend to writ of habeas corpus at Fort Warren is herewith inclosed.
You will keep well on your guard against any possible attempt to liberate your prisoners by a coup de main from the sea.
The Quartermaster's and Subsistence Departments have given orders for putting the quarters at Fort Warren in comfortable condition, and for supplying the post with provisions. Report by telegraph to this office when you are ready to have the prisoners transferred from New York Harbor.
I am, sir, very respectfully, your obedient servant,
E. D. TOWNSEND,
Assistant Adjutant-General.
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