OFFICE OF THE U. S . DISTRICT ATTORNEY,

New York, August 28, 1861.

Honorable WILLIAM H. SEWARD, Secretary of State.

SIR: Your communication of the 27th instant in relation to the case of Mr. Serrill with tyhe accompanying book and letters was this day received. Mr. Smith is absent from this city but is daily expected to return, and Mr. Evarts in Vermont. I learn from his law partner that he is not to return for several weeks. Mr. Smith will certainly be at the office by next Monday, the 1st proximo. Awaiting any further instructions,

I am, sir, your obedient servant,

STEWART L. WOODFORD,

Assistant U. S. Attorney.

DEPARTMENT OF STATE, Washington, September 3, 1861.

TTHURLOW WEED, R. M. BLATCHFOR and ROBERT MURRAY, Esqs.,

New Yourk.

GENTLEMEN: Your letter* relating to the case of Thomas S. Serrill has been received. I have directed that Serrill be discharged from duress on his taking and subsribing an oath of allegiance. * * *

I am, gentlemen, respectfully, your obedient servant,

WILLIAM H. SEWARD.

DEPARTMENT OF STATE, Washington, September 3, 1861.

Colonel MARTIN BURKE, Fort Hamilton, N. Y. .

COLONEL: From trustwirthy representations which have been made to this Department it is thought that the discharge of Thomas S. Serrill now confined in fort Lafayette may compatibly with the public interest be granted upon the condition of his swearing and subscribing before a magistrate the accompanying oath of allegaince. You will inform him of the condition, and if it be accepted the form of oath when executed must be returned to this Department for file.

I am, colonel, your very obedient servant,

WILLIAM H. SEWARD.

OFFICE OF THE U. S. DISTRICT ATTORNEY,

New York, September 4, 1861.

Honorable WILLIAM H. SEWARD.

SIR: On reaching home Monday last after a short absence I found your letter derecting an examination of Serril by myself personally or by Mr. Evarts. As the examination may be quite likely to require his descharge I thought it wise to have our actithe opinion of a lawyer of Mr. Evarts' position having no official connection with the Government. Mr. Evarts has come from the country in response to a telegraphic dispatch from me. We are now engaged in the examination and shall proceed to Fort Lafayette to-morrow. I will transmit minutes of the examination and Mr. Evarts' opinion to you.

Very respectfully, your obedient servant,

E. DELAFIELD SMITH,

U. S. District Attorney.

---------------

*Not found.

---------------