[Inclosure Numbers 12.]

PORTSMOUTH, N. H., December 9, 1862.

Honorable E. M. STANTON,

Secretary of War:

SIR: I have learned recently that a friend who had approached you to ask that there might be a hearing or investigation of my case, and of the allegations against me, and found you apparently impressed with the most earnest conviction of my "unworthiness" and "incapacity." I would, sir, a thousand times prefer to be in my grave than to merit such an opinion from you; and I would almost sooner be there now than to be even unjustly believed so; but for my children's sake and honor, and for that good name which to me is far more than life itself, and for my final triumph, which will surely come, it is my duty to bear all my present sufferings, for it is no ordinary insensate that is thus struck down. And if the purity of a high and unimpeached official character for more than twenty-four years of faithful service does not avail to obtain for me even a hearing, to give a doubt even that I could so suddenly have changed to a vile an worthless character, the consciousness, the knowledge that I have been always right in my acts and faithful and high minded in my attention, will still bear me up against these cruel opinions and harsh treatment.

I consider, sir, that it is absolutely impossible that, after so many years of unimpeached good conduct, I could all at once have changed, or done such things as to merit the opinion you appear to have of me, without my being conscious of or able to suspect some wrong thing that I have done. But it is so. I cannot suspect even a single act of wrong that I could be charged with doing, and although I know that some three or four persons have, from the most causeless, bitter feelings, repeatedly attempted to injure me, I have learned nothing that even they have said that can account to my mind for your opinion, as I learn it, that you have been mild with me and that a trial would be worse for me. I cannot suspect a cause.

I know of and can find nothing in the Department but the assumption, the intimation, not the charge, that I had disobeyed orders at James Island, and the statement that I was remonstrated with in vain by my juniors. And I consider that I have the most ample proof that both these allegations are entirely false, and even that my course there was most praiseworthy and indispensably the only one to pursue. And of General Rosecrans' charges, with the exception of one remark, not the threat, to the man whose carelessness caused my horse to fall in the river with all his equipments on, while I was going at night to attack an enemy, I aver (what I believe I can prove most fully) that each and every specification is most foully false.

I appeal to the record of my previous praise from every commander for twenty-four years to ask you for a hearing by an impartial person; to allow the Judge-Advocate-General, to whom personally I must be a stranger, to take up my case, and send for me, and report upon it to you. I ask but a day or a half day of this or some such officer's time, to save the months or years of suffering to myself an of efficient field service to my country.

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

H. W. BENHAM.