OLD CAPITOL PRISON,

WASHINGTON, D. C., Nov. 11, 1862.

We, the undersigned persons, now confined in Room No. 16, Old Capitol Prison, hereby certify that on the evening of November 10, 1862, William P. Wood, Esq., Superintendent of said prison, did, in our presence and hearing, present to Dennis A. Mahony, of Dubuque, Iowa, Judge John H. Mulkey, of Cairo, Ill., Judge Andrew D. Duff, of Benton, Ill., and David Sheward, of Fairfield, Iowa, now confined in said prison, a form of oath and obligation of which a true copy is hereby annexed, requiring them to obligate themselves under oath not to prosecute any State or Federal officers who may have been instrumental or engaged in causing their arrest; and that unless they so obligate themselves they would not be released from imprisonment, and as they have, to our knowledge, made repeated but unsuccessful efforts to obtain from the authorities an examination or trial of the charges alleged to have been made against them, and as they have now suffered nearly three months' imprisonment, to the injury of their health and business, causing great family suffering, and in the case of the aforesaid Dennis A. Mahony, we are convinced that a continuance of the confinement would endanger his life.

Now we do certify that believing there is no hope for the aforesaid gentlemen to obtain justice or redress while they are imprisoned, we do recommend them to sign said obligation, although it is extorted from them as their only condition of release, and further we certify that the aforesaid gentlemen were unwilling to accede to this request and unjust condition, but at our solicitation they have been induced to comply.

THOMAS T. ELLIS, M. D.,

late Post-Surgeon, New York. THEO. T. EDGERTON, New York.

JOHN J. MORAN, M. D., Frederick, Md.

I

COPY OF OBLIGATION.

of

do solemnly

that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution, or law of any State convention or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatever; and further, that I will neither enter any of the States now in insurrection against the authority of the Federal Government, or hold any correspondence whatever with them or with any persons in them during the rebellion, without permission of the Secretary of War, and that I will in all things deport myself as a good and loyal citizen of the United States, and that I will not cause or commence any action or suit against the officers of any loyal State or of the United States, for causing my arrest or imprisonment at any future time. So help me God.

Sworn to and subscribed before me this day of

A true copy.

J. J. MORAN.

RELEASED AT LAST.

On the 11th of November, Messrs. Judge Duff, of Benton, Illinois, Judge Mulkey, of Cairo, Illinois, David Sheward, of Fairfield, Iowa, and the writer, were taken before Judge Advocate Turner, and without any trial, hearing, investigation or examination farther than to enquire of us whether we belonged to the Knights of the Golden Circle, and requiring us to subscribe an oath to the effect that we did not, and to subscribe the oath that we would not prosecute Federal or State officers who had been concerned in our arrest, we were "honorably discharged." This discharge was in the following words:

(COPY OF DISCHARGE.)

OLD CAPITOL PRISON, WASHINGTON, D. C., Nov. 11, 1862.

To all whom it may concern:

This will certify that the bearer, Dennis A. Mahony, a Prisoner of State, has been duly and honorably discharged from custody at this prison.

By order,
Secretary of War.

ČAPT. B. L. HIGGINS,

Co. A. 86th N. Y. V.,
Commanding.

Similar discharges to this were given to Messrs. Duff, Mulkey, Sheward and Ross.

We returned to the Old Capitol to take leave of our fellow-victims of despotism, and to pack up the few pieces of clothing which remained with us after having passed through the ordeal of being worn in the filth of the prison. Our fellow-victims had managed to have a leave-taking supper prepared for us in room No. 16. The scene was affecting. The large room was lighted by two candles; the two tables used by the two messes in the room were placed together, and covered with such articles as the prisoners could procure. The Superintendent was invited to partake of the viands. He replied that it was against the rules for him to eat with the prisoners, but inasmuch as the four gentlemen who were about to leave were no longer prisoners, he would eat with them, and so he sat down, affected as much by our departure as was any one of our fellow-victims. There was not one among us all whose emotions did not overcome him. The four persons now about to leave were the longest under subjection. All the later arrivals looked up to us for counsel and sympathy, and now we were about to be separated from them. These and other reflections swelled their hearts with emotions which found vent in tears. We tore ourselves away, choking with emotions in the endeavor to say, goodbye.

DUPLICITY OF THE SECRETARY OF WAR-PUBLIC ORDER FOR THE RELEASE OF PRISONERS OF STATE PRIVATE ORDER TO DISREGARD THE ONE PUBLICLY PROMULGATED.

THE clamors of the people against the imprisonment of Political offenders wrung from the Secretary of War, an order from his department dated the 22nd of November, 1862, for the discharge of "all persons now in military custody" who had been arrested on the alleged ground of discouraging enlistments, &c.

The order was as follows:

WAR DEPARTMENT, Washington, November 22, 1862.

Ordered-1. That all persons now in military custody who have been arrested for discouraging volunteer enlistments, opposing the draft, or for otherwise giving aid and comfort to the enemy in States where the draft has been made, or the quota of volunteers and militia has been furnished, shall be discharged from further military restraint.

2. That persons who, by authority of the military commander or Governor in rebel States, have been arrested and sent from such State for disloyalty or hostility to the Government of the United States, and are now in military custody, may also be discharged upon giving their parole to do no act of