Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-11-01


his release " be h.d been held By bic Game
ron'sl direction.
Mr Ninder also made an appeal to Secretary
Seward, upon whom the responsibility Of the
rest was thus Fixed. an appeal afterwards rein
forced by the opinion Of Cabinet officer that.
Notwithstanding Mr. Winters decided political
differences with his opinions. be had none the
less confidence in his loyalty and patriotism.
Secretary Seward had caused an order 10 be read
10 the state prisoners in which he stated that the
employment of paid counsel would only have the
effect Of prejudicing the case of such parties as
did IL, would be deemed ofense. aud would
occasion prolongrion Of imprisonment. In &C
cordance with this order. never having employed
counsel. in December last Mr.. Winder addressed
a letter 70 the Secretary Of State. in which be
stated bis ignorance Of the causes of his conhne
ment. the breaking open Of his desks and chests.
the rAnsacking Of bis private papers. the pubca
ton of their garbled and misrepresented con-
tents, and requested permission to 60 to Wash
ington for An investigation OF bis case. or a
statement Of the charges against him, the full
testimony and the names OF bis aeeusers, or else
an unconditional release.
To Secretary Stanton in February. and in May
to Gen Dix ard Judge PerrepOnt, the Commits
sioBers appointed by the War Department for the
examination of political prisoners, Mr.. Winder
reiterated the circumstances OF his case, exhibited
his innocence and loyalty, and renewed his de
mand for unconditional and prompt release. He
stated TO those officials that in common with his
fellow members of the company 10 which ne was
attached he had taken an oath TO support the
Constitution and Union. and declared that he was
still under its responsibility. He declared, too,
that be was ready every proper and lawful Oc-
casion TO take the oath of allegiance a thousand
times, but Mr. Wnders release rendered TO
him IAN admission of his undisputed innocence)
on condition of his taking the oath OF allegiance
He declined TO accept release upon those cOndi
tons. A second time release was offered. accom-
panied BY a letter of explanation from Governor
Seward intended 10 remove his supposed objec
tons stating that support of the Constitution did
not include support of the individual members of
the Administration.
Mr.. Winder replied that he was an innocent
and loyal man. unjustly arrested. illegally impris-
oned. and his election to taking the oath applied
% all tests and conditions which for an instant adj
mitted that he had done ANYTHING inconsistent
with the character Of true and loyal American,
and of course declined again release upon terms.
As discriminating test, imputing past and in
tended future wrong. he said that il was not pos
sible for him To canmnate himself bv taking the
oath, and that he preferred the interior OF Fort
Warren with the mems conscid recti To freedom
purchased at the expense of character.
When the Secretary OF War announced that
the President would grant amnesty for past of
fenses and take parole against the commission of
future ones he refused 10 be turned loose stained
with the unnamed guilt of the past supposed to be
covered by the. amnesty and the equally name
less guilt of the future aver,ed by the ''parole.
With no power 10 compel a yindcaticn OF himself
against this stain, 10 remove the cloud from his
name, he declared II an exquisite aggravatiOn OF
the wrongs already done HIM, which the order
admits and purpOrts 10 correct The wrong done
was illegal incarceration without charge, proof,
or trial. The redress proposed was 10 confess
that there was wrong and TO receive amnesty
therefor. to acknowledge intention OF future
wrong. and then 70 give parole to forego such
intention Mr. Winder again renewed his de
mand 10 be reinstated at home in his original po-
sition before arrest.
His demand has remained UNDECIDED till the
present hour Now through counsel, he has ap
piled to the United States Court tor writ of ha-
beas corpus Our readers know with what con
tempt Judge Halls action treated in the late
Buffalo case In the case which recently came
before Judge Smalley in Vermont. Judge Advo-
cate Turner, by order of the Secretary of War.
telegraphed to &. p Baldwin, the United States
Marshal of the District, this despotc and illegal
order:
PAY no attention 10 the habeas corpus for the
liberation of Lyman Barney and Field, and il
any attempt be made to liberate them from Gus
toby resist il to the utmost, and report the names
of all who may attempt it,"
If the Secretary of War shall attempt a SINH
lar proceeding in the csse of Mr.. Winder, or
President Lincoln shall sanction any. the slight
est, impedinient 20 the orderly Of the law,
aud the doing of justice to an oppressed and in
jured man. there will then have been consumma-
ted such body of outrageous tyranny should
make twenty millions OF people blush to bear the
name of American citizens.