Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-eighth Congress, Part I

Mr. Seward to Lord Lyons.

Department of State, Washington, June 18, 1863.

My Lord: I have the honor to communicate to your lordship a copy of a communication which has been received at this department from the Secretary of War, accompanied by a copy of a report of Brigadier General John Martindale, military governor of the District of Columbia, in which are set forth the particulars of an unfortunate and lamentable homicide which occurred at the Old Capitol prison, in this city, on the 25th day of May last. The sufferer was John Hardcastle, a prisoner of war, whom you have heretofore represented to me as a British subject.

In performing this duty, I have to say, for the information of her Majesty’s government, that the President deeply regrets the painful incident which General Martindale relates, as is believed, with entire truth and candor. The legal investigation which has been instituted against the soldier who committed the homicide, without orders, will be pursued diligently and in good faith; and when its result shall be attained, all that seems possible for the government to do in so unhappy a case will be done to manifest its sorrow for the event, and to compensate those who are sufferers by the bereavement.

I have the honor to be, with high consideration, my lord, your obedient servant,

WILLIAM H. SEWARD.

Right Hon. Lord Lyons.

Mr. Stanton to Mr. Seward.

War Department, Washington City, June 17, 1863.

Sir: I have the honor to transmit herewith a report, this day received from Brigadier General Martindale, military governor of the District of Columbia, in relation to the death of John Hardcastle.

Your obedient servant,

EDWIN M. STANTON, Secretary of War.

Hon. William H. Seward, Secretary of State.

General Martindale to Mr. Stanton.

Headquarters Military District of Washington, Washington, D. C., June 15, 1863.

Sir: I have been requested by the Secretary of State to communicate through you, for his information, the case of the death of John Hardcastle, who was shot by a sentinel at the Carroll prison on the 25th day of May ultimo.

The building in which the prisoner was confined has been fitted up for temporary use as a military prison, to meet the extraordinary exigencies of the present rebellion. It is insecure as a prison structure, and would be wholly unfit for the purpose except by the employment of a large military guard. Persons charged with offences against the laws of war are confined there, including those apprehended in passing through the lines of the army to and from the rebellious States. Many hundreds are frequently confined, some of whom have sympathizing friends, and some co-operators in contraband traffic, who seek communication with them. The prison building is not surrounded, by a yard, but is built immediately on the line of a public avenue. Notwithstanding the vigilance of the guards, prisoners have frequently escaped by cutting through the floors and doors. It is also to be borne in mind that Washington is a border city, and that many of the citizens have sympathizing friends and relatives actually participating in the rebellion. These friends are frequently apprehended and confined. There has been a necessity, resulting from the foregoing reasons, for stringent rules to govern both the guards and prisoners. It is necessary to prevent communication between prisoners and parties in the streets, and to enforce submission by prisoners to salutary rules. Among these was a rule which forbade the prisoners from leaning out of the windows and talking to persons outside of the prison, particularly explained in the letter of Captain Mix. This rule was not only necessary to prevent communication between the prisoners and persons outside, but also to guard against injury to the prison itself; because in this manner prisoners had succeeded in cutting the wooden bars of the windows. In the present case, it is reported to me that the prisoner who was chiefly guilty of violating the rules of the prison and the orders of the sentinel was not Hardcastle, but a native citizen of the State of Maryland, named Pleasanton; and that the shot fired by the sentinel was not intended for Hardcastle, but Pleasanton. As soon as the facts were communicated to me, lamenting the occurrences, and determined to have a thorough investigation of the transaction, I directed the sentinel to be placed in arrest. I have further directed a court-martial to be convened for his trial upon a charge of murder. Under this charge all the facts will be elicited, and it will be competent to convict the prisoner, if guilty, of manslaughter, having that degree of criminality disclosed in evidence. It is intended to examine the case fully and minutely, and to administer the law applicable to it deliberately and with impartial justice.

Very respectfully, your obedient servant,

J. H. MARTINDALE, Brigadier General and Military Governor.

Hon. E. M. Stanton, Secretary of War.