TURNER, Judge Advocate to William H. Seward, September 17, 1862

Major Turner to Mr. Seward.

Sir: I have the honor to acknowledge the receipt of your note of the 15th instant, in relation to Francis Carroll, with the enclosures therein named, and in answer thereto, and additional to my communication of the 5th instant upon the same subject, respectfully to say: That since the 5th instant, by order of the Secretary of War, I have examined the persons imprisoned at Fort Lafayette for alleged political offences, and among the persons examined was Francis Carroll. He claimed to be a British subject and in nowise amenable to the United States government. He said he would not take an oath to abstain from rendering aid and comfort to the rebellion, because, owing no allegiance to the United States, he had the right to aid and assist “either side,” at his pleasure. He is an Irishman, of unusual volubility, and apparently, by his language and conduct, a desperate and reckless person.

Although it may not be strictly within the rules of official correspondence, I will take the liberty to state that the commandant at Fort Lafayette informed me that Carroll addressed a letter to the British consulate at New York, asking intervention and protection, if they had time, aside from wine and women, to give it, and that the answer thereto was, that if he used language as impertinent and insulting to the United States officials, his imprisonment was merited

There may not be any objection to discharging Carroll on condition that he will leave the United States, as suggested in the postscript of your note, provided it be desired, and reliable assurance or guarantee be given that he shall not return; but in times like the present, I am quite sure that persons of such desperate and reckless character had better be under restraint, for the better preservation of the peace and good order of all nationalities.

With assurances that your suggestions and recommendations in this regard will be promptly followed, I have the honor to be, very respectfully, your obedient servant,