293 Series II Volume III- Serial 116 - Prisoners of War
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which notwithstanding what you have siad to me will I am sure receive your impartial consideration.
First. You said to me that there wasnothing "extraoridnary" in General Stone's case which entitled it more than anyothermattrof business to precedence in your attentiono r ind rawing it to an immediate conclusion. I respectfully submit that almost every feature of it is extaordinary. That a man who has rendered such eminent and universally acknowledged service in saving this very capital, and who followed that service up ashe did with other services scarcely less emiment, that this man whose praise is in everybody's mouth (saving a few mere partians and newspapers spies) should be so suddenly siezed and incarcerated is in itself extaoridnary. It is the more extraoridnary when you remember that he had never received one wordof cesure nor one look of disapprobation from any military superior; that he had again and again asked a court of inquiry into the Ball'sBluff business and had been put off with answers to the effect that none was needed or that the public service would be injured by it or the like. General Stone had again and again within the wek or ten days preceding his arrest sought an interview with yourself but was disappointed in meeting you, sometimes at appointed times, doubltess through reason of your other urgent business. And in the brief interviews he had with you he received no intimation that youhad not your old confidence in him. Nor indeed do I understand from you that to this day that confidenceis in your mind shaken, but that something or somebody (what and who I am not allowed to know) has left you no choice as to taking decisive action in the matter.
It is military usage I am told that an officer of so high a rank as Brigadier-General Stone should not be arrested without a preliminary examination of the pendency of which he generally has notice; but if I have rightly understood you in our interviews of yesterday and of this day now, when more than eight, yes twelve full days have elapsed since the arrest, somebody is still engaged in the "examination" or "investigation" of the case, and neither General Stone nor his family nor his counsel can be allowed to know either who his accusers or what the accusations against him are. I do not complain of the mere fact of any examination or investigation made by your direction, and if the case were declared extraordinary" there would be more reason to acquisce in this sstate of things; but being confessed by the Government extraordinary it would follow that it should have extraoridnary attention.
Second. If treason or treasonable dealings are the burndens of the suspicions against General Stone now and here are the men and the place and the time for proving or refuting them. In the fortune of war it is not likely that so many of them can ever be found together again. If by the fortune of war some Government witness should die andin a subsequent trial the prosecution fail for any reason do you not know that his enemies will attribute his acquittal not to his innocence but to that casualty? When General Stone is proved innocent there will be but one worhty reparation which the Government can make. That will be by giving him the opportunity once more to prove his innocence in his command on the battle-field and in the hot work of war. This delay seems likely to prevent that, sinking as the rebellion is every hour.
Third. General Stone's incarceration at Fort Lafayette is I submit "extraordinary. " If you were convinced of this I am sure you would ameliorate it, for you told me on Monday that it was as you supposed "a matter of course" that he should go thither. Everywhere the general public look upon the selection of that distant fort as in itself
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