Mr. Seward to Lord Lyons.

My Lord: With reference to the despatch of the 6th ultimo, addressed to your lordship by E. M. Archibald, esq., her Majesty’s consul at New York, in regard to the treatment of prisoners at Fort Lafayette, a copy of which was left at this department,* I have the honor to enclose, in reply, a copy of a communication from the War Department, to which department the matter was referred for investigation.

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

WILLIAM H. SEWARD.

Right Hon. Lord Lyons, &c., &c., &c.

General Canby to Mr. Seward.

Sir: The Secretary of War instructs me to transmit to you the accompanying copy of reports received from Major General John A. Dix, commanding department of the east, to whom was referred your letter of the 12th instant, enclosing copy of a despatch of the 6th instant from the British consul at New York to Lord Lyons, relative to the treatment of prisoners, alleged British subjects, in Fort Lafayette, New York harbor.

I have the honor to be, your obedient servant,

ED. R. S. CANBY, Brig. Gen. Assist. Adjut. General.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Page 551]

Report of the board of officers convened at Fort Lafayette, New York harbor, February 17, 1864, pursuant to Special Orders No. 35, dated headquarters, United States troops, New York city and harbor, New York, February 16, 1864, of which the following is a copy:

Special Orders, No. 35. }

[Extract.]

IV. Pursuant to instructions from the Secretary of War, received through department headquarters, dated February 13, 1864, the following named officers are appointed a board to investigate and report upon the alleged treatment of British subjects, held in confinement at Fort Lafayette, New York harbor :

Major George W. Wallace, 6th United States infantry; Major Dickenson Woodruff, 12th United States infantry; First Lieutenant S. W. Cooper, 8th United States infantry.

The board will meet at Fort Lafayette, New York harbor, Wednesday, 17th instant, at 12.

By order of Brigadier General Stannard.

A: P. FISK, Assistant Adjutant General.

Fort Lafayette, New York Harbor, February 17, 1864.

The court convened pursuant to the above order.

Present: Lieutenant S. W. Cooper, 8th infantry. Absent: Major George W. Wallace, 6th infantry; Major Dickenson Woodruff, 12th infantry.

Owing to the absence of the above-named members, the board adjourned until 12 o’clock m., Thursday, the 18th instant.

SIDNEY W. COOPER, Lieutenant 8th Infantry, Recorder.

[Untitled]

The board reconvened pursuant to adjournment.

Present: Major George W. Wallace, 6th infantry; Major Dickenson Woodruff, 12th infantry; Lieutenant S. W. Cooper, 8th infantry.

Pursuant to the above special orders, No. 35, the board proceeded to investigate the alleged treatment of British subjects held in confinement at Fort Lafayette, New York harbor.

After some deliberation the board decided to subpoena the prisoners themselves as witnesses, and record their testimony.

For this purpose, Harry William Rocke, a prisoner and a British subject, was first called before the board. Upon his appearance he was asked by the president, if he was willing to testify under oath before the board in relation to the treatment to which he, together with other prisoners confined in the same apartment, had been subject during the period of their incarceration. He replied in the affirmative.

[Page 552]

The prisoner having been duly sworn by the recorder, testified as follows :

My name is Harry William Rooke; I am a lieutenant in the royal artillery; I am just 21 years old; have been in confinement seven weeks; I was born in Embleton, Northumberland county, England; I was commissioned as an officer of the British army, December 18, 1860; I was confined in a casemate at Fort Lafayette, about twenty-five feet long and fifteen feet wide; there were eleven in the room; the windows and the fireplace are the same as in the commanding officer’s quarters at Fort Lafayette, except our casemate had one window less; the bedsteads were arranged on hinges against the wall and folded up; when the beds were down, there was an interval of about two feet between them; there was one small table in the room; there were no chairs in the room with the exception of the one which the British consul sent me by permission of General Dix. There was one washstand and basin for all the occupants of the room. We had one bathing tub for all the occupants of two casemates, about twenty-one in number, until two or three days ago; we now have two. We bathed at night, and after one had washed, there was no place to throw out the dirty water. We were always allowed to go out during the day; we had a small space for exercise about fifteen feet wide, and thirty-five feet long, between the sentinels’ beat and the walls of the fort. We could exercise at all times during the day, from reveille until sunset; the door of the casemate is locked at sunset. We were allowed to pass to the privies at all times between sunrise and sunset, under, the guard of a sentinel; we were frequently detained, because of the privies being full, or for want of sentinels. We had fresh beef five days in the week; we brought our food ourselves from the kitchen. The bean soup was good enough. The coffee came to us already sweetened, without milk. We had hash occasionally. I have had provisions sent me, but they were stopped; I received one small basket with apples, &c. I never had butter, pepper, mustard, or milk, as part of the ration. The fresh beef was very bad, inferior in quality, and .badly served up. During the night we had one urine bucket in our apartment, which contained eleven prisoners.

At this point the examination closed, and the foregoing testimony having been read to the prisoner, he was asked if it was correct, to which he replied in the affirmative.

Testimony of Joseph Eneas.

Joseph Eneas, a prisoner and a British subject, was next called before the board as a witness, and having been asked if he was willing to testify under oath in relation to the general treatment to which he had been subject during the period of his confinement in Fort Lafayette, and having replied in the affirmative, he was duly sworn by the recorder, and testified as follows:

My name is Joseph Eneas; I was born at Harbor island, Bahama islands; I live in Brooklyn; I have lived there (in Brooklyn) nearly twelve years; in the city of Brooklyn, seven years; the remainder of the time, partly in Brooklyn and partly in New York, except when I have made trips to the West Indies; I am 39 years and some months old; I never voted in my life in this country; I am a British subject; I have been confined in the same room with Mr. Rooke. There were eleven prisoners confined in the same apartment. I was confined January 1, 1864. There is one iron bedstead and a mattress for each prisoner, also a blanket; some have more than one blanket; we might have had more blankets if we had desired them. The beds folded up against the wall; when they are opened out, there is an interval of about eighteen inches between them. There were no chairs in this room when I came here. The British consul sent one to Mr. Rooke about two weeks ago. We had one broken washstand and tin basin for washing for all the prisoners confined in the apartment. We have one bathing tub for our apartment and the adjoining one, containing about the [Page 553] same number of prisoners. This has been so constantly in use since I have been here, that I have been able to use it but once. There is no screen, therefore I would only use it at night; at night we could not throw out the dirty water; we could do so during the day, and we always had a plenty of fresh water; sometimes we had a whole candle, and sometimes only half a one. We had no candlestick, and never asked for any. We go to the privy in squads of six or seven under guard, and have to wait our turn. The privy will not accommodate more than seven or eight at a turn. The food is very bad. We have fresh beef about six times during the week; but it is of very bad quality, being tough and gristly. We have bean soup daily, but it is not good; it is too watery—no beans in it. We have plenty of good bread. I have never seen any boiled potatoes, and never any at all except what is contained in the stews in the morning. I have never seen any other vegetables of any kind. I have had supplies sent to me, but have only received some oysters in the can brought me by my brother. My friends have sent me cake, &c., but they would not allow it to go to my room; I was permitted to eat it in the officers’ room. I had an orange and an apple sent me by my children, but they were taken out of the valise, and I did not get them.

At this point the testimony closed, and the foregoing evidence having been read to the prisoner, he was asked if it was correct, to which he replied in the affirmative.

The hour having arrived for adjournment, Majors Wallace and Woodruff stated to the board, in relation to their absence on the day appointed for the board to convene, that owing to the prevailing storm, it was impossible for them to reach Fort Lafayette.

The court then adjourned until to-morrow at 11 a. m., Friday, February 19.

Lieut. W. COOPER, Lieutenant 8th Infantry, Recorder,

[Untitled]

The board re-convened pursuant to adjournment.

Present: Major George W. Wallace, 6th infantry; Major Dickenson Woodruff, 12th infantry; Lieutenant S. W. Cooper, 8th infantry.

The proceedings of the previous day having been read, the board proceeded with the investigation.

Testimony of Lewis Benjamin.

Lewis Benjamin, a prisoner, was next called before the board as a witness, and having been asked if he was willing to testify under oath in relation to the treatment to which he had been subject during the period of his confinement in Fort Lafayette, and having replied in the affirmative, he was duly sworn by the recorder, and testified as follows: My name is Lewis Benjamin. I was born in London, England. I am a resident of New York city, and have been since 1852—on and off since 1842. I have voted in New York city, and do not claim to be a British subject. I do not think the casemates are overcrowded for healthy persons. There are ten in the room in which I am confined. We have had rice and potatoes served to us twice since I have been here. The coffee is very bitter. There is no coffee in it. It is imperfectly sweetened, and we have no milk. The fresh beef is very bad—very tough. We get it nearly every day. The bean soup is not good. At first the beans were rotten. The bread is good, and we have plenty of it. We have iron bedsteads which fold up—one for each person—with mattress and blanket. The privies are filthy and dirty, and I have frequently been compelled to wait half an hour. We [Page 554] have no bathing tub in our room. I bought a tin foot-tub for my own use. We have a small space for exercise between the sentries’ beat and the wall. The great deprivation is sunlight and air. We have candles every night. We made a complaint at first and requested permission to buy candles, but the officers sent us five or ten pounds. I am confined in casemate No. 3. I have had provisions sent me, but I was not permitted to receive them. My wife applied to headquarters for permission to bring me certain articles of food. They informed her that there was no objection to my receiving them. She brought them down on Sunday, and being unable to cross, sent them to me. I applied to the officer of the day on Monday, and he informed me that he knew nothing about them. The next day I received a note from the officer of the day, saying, that upon consultation with the post surgeon he had learned that it was incompatible with existing regulations that I should receive them.

At this point the examination closed, and having heard the foregoing testimony read, the prisoner was asked if it was correct, to which he replied in the affirmative.

Testimony of Dr, Gibson, Acting Assistant Surgeon,

Acting Assistant Surgeon Gibson was next called before the board as a witness, and, having been duly sworn by the recorder, testified as follows: I have been stationed at this post nearly four weeks. My duties have been exclusively hospital duties. I should not think that eleven prisoners would be an excess in one of these casemates. I think the prisoners have had sufficient exercise for all purposes of health. I have never found any disease, in my experience here, resulting from their confinement or treatment. The condition of the prisoners is good. I have known but one instance here of a man suffering for want of proper food. I have reported his case. He has been receiving provisions from his friends from time to time. The prisoner Benjamin has never applied to me for medical treatment. I have refused provisions to be sent to him, not knowing anything of his case.

At this point the examination closed, and the foregoing testimony was read to the witness, and having asked if it were correct, he replied in the affirmative.

Testimony of Lieutenant Stanley, 10th Infantry, Post Adjntant,

Lieut. Stanley, 10th infantry, post adjutant, was next called as a witness before the board, and, having been duly sworn by the recorder, testified as follows:

I have been post adjutant since November 8,1863. The Secretary of War has prohibited any provisions being sent to the prisoners. The post surgeon has permission (by Gen. Dix’s instruction) to pass in provisions for the sick. It is the duty of the officer of the day to examine the food. The garrison and the prisoners all have the same food, and cooked the same, at the same time, in the same manner, and in the same utensils. They have the same coffee, the same bean soup, same beef, and the same pork. The food is prepared by details of soldiers from the garrison. They are allowed to go to the mess-room and eat their food. The coffee is the same as is issued all through the army as a part of the ration—inferior, in my opinion. The fresh beef is of good quality. Potatoes are issued twice in ten days by the ration table. They are furnished frequently with boiled rice. No other vegetables are ever given to the prisoners. The food is examined by me once a month as acting inspector general, and reported upon by me. This inspection embraces everything. The food is properly cooked and in a cleanly manner. The beef is composed equally of “fore” and “hind” quarters. It is as good as I have purchased in the market for my own mess. I have eaten this beef myself. The sugar and beans are of the first quality. A requisition [Page 555] was made in January for furniture, but it has not been filled. Another requisition was made a few days ago. The prisoners have plenty of fuel. They have stoves in the large casemates, and grates in the small ones. They have the regular ration of candles. Tubs for bathing are furnished the prisoners, as many as they have room for. A candle is never cut. We always issue whole ones to the different casemates. There is one wash-basin and one wash-stand in each casemate. The prisoners are furnished with mattresses, sheets, pillows, pillow-cases, and blankets by the government. Prisoners go to the privies in squads of seven or eight at a time whenever they wish, under guard. The privies are always kept clean. I frequently make inspection, and always, when I am officer of the day. I inspect both the provisions and the quarters. The prisoners are furnished with corn-brooms and water buckets. They may have their clothes sent out or washed in the garrison. There is no distinction made between British subjects and other prisoners. They are all treated alike. By direction of the commanding officer, I requested any seven prisoners in “No.5,” which held twenty-seven in all, to remove, if they pleased, to “No. 6,” which had but eleven in it; they all refused, saying they were very com for table. The bedsteads are single iron bedsteads, furnished by the government. The casemates in which British subjects are confined are not so much crowded as the other casemates. I have purchased the same beans and the same sugar for my mess as are issued to the prisoners. The prisoners and soldiers eat separately—-they alternate in eating first.

At this point the examination closed. The foregoing evidence having been read to the witness, and having been asked if it was correct, he replied in the affirmative.

The court then adjourned until tomorrow, (Saturday, the 20th instant,) at 11 o’clock.

SIDNEY W. COOPER, Lieutenant 8th Infantry, Recorder.

[Untitled]

The board convened pursuant to adjournment.

Present: Major George W. Wallace, 6th infantry; Major Dickenson Woodruff, 12th infantry; Lieutenant S. W. Cooper, 8th infantry.

Testimony of Lieutenant C. S Robertson, 10th Infantry.

Lieutenant C. S. Robertson, 10th infantry, was next called before the board as a witness, and, having been duly sworn by the recorder, testified as follows:

I have been post quartermaster at Fort Lafayette since the 21st of September, 1863. I am also commissary of subsistence at the post. There have never been any complaints made to the officers of the post, nor to me as commissary of subsistence, by the prisoners in relation to their food.

The coffee issued to the prisoners is the same as is issued throughout the army as a part of the ration. It comes from Colonel Eaton, assistant commissary general at New York. The fresh beef issued to the prisoners is the same as is issued to the garrison six days during the week. The seventh day they have salt beef or pork. The bean soup is the same that the garrison have, as fine soup as I have ever seen made for a company. We issue thirty pounds of potatoes to every one hundred rations. The prisoners have boiled rice and molasses twice a week. If they do not choose to have rice and molasses they may have molasses and bread. There is always a plenty of bread, more than they can use, and of excellent quality.

[Page 556]

The number of prisoners in the casemates has been equalized as much as possible. Each prisoner has a bunk, mattress, pillow, pillow-cases, sheets, and three blankets. There is always a plenty of fuel, and fires are kept up night and day; the prisoners are supplied with a whole candle in each room every night. There is a wash-basin and stand in each room. They might have had more wash-basins and stands if they had applied for them. There is one bathing t0ub in each casemate, and there may be more if it is necessary. There is always a plenty of fresh water. The large privy is divided into two parts, the prisoners using one half and the garrison the other. A sentinel is placed over it, and it is his duty to cause all parties entering it to preserve cleanliness. Prisoners are permitted to walk in front of their rooms. In my opinion the casemates in which the British subjects are confined are not over-crowded. I have made requisitions for furniture upon the commissary general of prisoners, and they have not been filled. The casemates in which the British subjects are confined are less crowded than those in which the soldiers of the garrison live.

At this point the examination closed, and the foregoing testimony was read to the witness, and having been asked if it was correct he replied in the affirmative. The court then adjourned until 12 o’clock, Monday, the 22d instant.

[Untitled]

The court convened pursuant to adjournment.

Present: Major George W. Wallace, 6th infantry; Major Dickenson Woodruff, 12th infantry; Lieutenant S. W. Cooper, 8th infantry.

After some deliberation, accompanied by the officer of yesterday, the board made a careful and thorough inspection of the food served to the prisoners, and of the quarters in which they were confined. The casemates were clean and apparently comfortable, and the food of the best quality, neatly prepared and palatable. The board directed the recorder to prepare a report upon the evidence adduced, to be submitted for the approval of the board on the morrow; and there being no farther business, the board adjourned until 12 o’clock Tuesday, the 23d instant.

[Untitled]

The board convened pursuant to adjournment.

Present: Major George W. Wallace, 6th infantry; Major Dickenson Woodruff, 12th infantry; Lieutenant S. W. Cooper, 8th infantry.

The recorder submitted his report to the board, and, after some modifications, it was adopted; and there being no further business, the board adjourned sine die.

GEORGE W. WALLACE, Major 6th United States Infantry, President Board.

Sidney W. Cooper, Lieutenant 8th Infantry, Recorder.

[Untitled]

The board convened pursuant to the above special orders, and having continued its labors from day to day, after a most careful and thorough investigation, have the honor to submit the following report:

[Page 557]

1. That the Secretary of War has prohibited any provisions or supplies being sent to the prisoners confined in Fort Lafayette, but, by construction of Major General Dix, commanding department of the east, the post surgeon is authorized to receive food and supplies for such prisoners as may require a change of diet.

2. That the casemates in which the British subjects are confined are much less crowded than those in which persons of a different character are incarcerated, or those in which the soldiers of the garrison live; that eleven prisoners is not an excess in one of these casemates; that the prisoners have sufficient exercise in the open air for all purposes of health; that the prisoners are in excellent physical condition, and that, according to the report of the post surgeon at Fort Lafayette, there has not been, nor does there exist now, any disease which is the direct or indirect result of the treatment to which the prisoners have been subject.

3. That each prisoner is furnished with an iron bedstead, which folds up during the day, and when let down at night leaves an interval between that and the adjoining one of about two feet; that each prisoner is supplied by the government with a mattress, (hair or straw,) sheets, pillows, pillow-cases, and three blankets, and that when the door is closed at night the ventilation is sufficient for all purposes of health.

4. That if deficiencies exist in the matter of chairs and tables, requisitions have been twice made upon the commissary general of prisoners and forwarded, but up to the present time have not been filled.

5. That each casemate is supplied with a bathing tub, and the occupants may have more if they so desire; and that the prisoners have a constant and abundant supply of fresh water during the day for bathing purposes.

6. That the privies used by the prisoners are constructed similarly to those used by the officers of the garrison, and from necessity extend over the water. That a sentinel is placed over them, who is instructed to enforce cleanliness in their use; that they are kept clean; that the prisoners are permitted to visit the privies in squads of six or seven under guard of a sentinel, from reveille until sunset, when the doors of their apartments are closed; and that a tub is placed inside the casemate for the use of the prisoners during the night.

7. That the soldiers composing the garrison and the prisoners in the fort are all supplied with the same articles of food; that this food is cooked at the same time, in the same manner, and in the same utensils; that it is prepared by details of soldiers composing the garrison; that the coffee is the same as is issued all through the army as a part of the ration; that the fresh beef, which is supplied six days during the week, is of excellent quality; that the bean soup is such as is made by every company in the army; that potatoes are served out, 30 pounds to every hundred rations; that the bread is of superior quality, and supplied in abundance; that rice and molasses are frequently furnished; that the regular ration of candles is furnished, and in no instance is a candle cut in half; that the prisoners alternate with the soldiers of the garrison in going first to meals; that the food and quarters are daily inspected by the officer of the day, and once a month by the post adjutant, as acting inspector general, and reported upon, and frequently at other times.

We have the honor to state that every facility was afforded the board by the commanding officer of Fort Lafayette for prosecuting this investigation.

Accompanied by the officers of the day, the officers of the board made a careful and thorough inspection of the food furnished the prisoners, and of the casemates in which they are confined.

GEORGE W. WALLACE. Major 6th U. S. Infantry, President of the Boar.

Sidney W. Cooper, Lieutenant 8th Infantry, Recorder.

  1. The despatch above referred to will be found in the order of its date in this correspondence.