so assured by an old friend of Mr. Guthrey, resident here, a very respectable gentleman now retired from business, who will cheerfully testily thereto if need be.

I am, sir, very respectfully, your obedient servant,

H. C. HARDY.

It may seem superfluous but I will add my firm belief that he has never had any idea of going home without first having obtained liberty from the Department of State. If the libel suit pending against his property had been tried on the 26th ultimo as it was appointed it was I think his intention then to apply to the Department of State for leave to go home.

H. C. H.

NEW YORK, January 6, 1862.

Honorable F. W. SEWARD, Assistant Secretary of State.

DEAR SIR: On my return I find Mr. Hutchins so situated by reason of the extreme illness of a member of his family that he may not be able to visit Mr. Guthrey. I have therefore to request that the permission to see Mr. Guthrey be made so as to admit Mr. Hutchins or myself. The charge made against Mr. Guthrey we understand to be that he violated his parole by writing South or attempting to go South. It is now desirable that he should have an opportunity to make his explanation. We can scarcely believe it possible that he should have been guilty of either offense, as he has been engaged in preparing for the trial of a cause involving a large amount of property in which the question of his loyalty is involved.

Your early attention would oblige, yours, very respectfully,

AUGUSTUS SCHELL.

DEPARTMENT OF STATE, Washington, January 29, 1862.

SENTH C. HAWLEY, Esq., New York.

SIR: Herewith I inclose a sworn statement from Mr. J. Garnett Guthrey, a prisoner at Fort Lafayette. Will you please return it to this Department after reading it with your opinion thereon?

I am, sir, very respectfully, your obedient servant,

F. W. SEWARD,

Assistant Secretary.

[Inclosure.]

STATE OF NEW YORK, Kings County, ss:

John G. Guthrey, now in Fort Lafayette, being duly sworn says that he was arrested on the 24th day of December last in the city of New York; that as he has been informed the cause of his arrest was the alleged violation of his parole in writing to his friends in the South and in making arrangements to leave the city of New York. This deponent in answer to said alleged charges denies that at any time since his release from Fort Lafayette, on or about the 3rd day of October last he has written or communicated in writing with any person or persons in Virginia or any other of the Southern States, and he denies that he has at any time made any arrangements to leave the State of New York in violation of his parole, nor has he had any intention of leaving said