Mr. Johnson to Mr. Seward

No. 70.]

Sir: Some time since I received the inclosed letter from Mr. Augustine E. Costello, who is now undergoing imprisonment at the convict establishment at Chatham, for treason-felony. I replied to it on the 4th of November, and stated that I should not fail to send it to Washington as requested.

At present I do not offer any remarks upon this and similar cases, but as official copies of the trials of Messrs. Warren, Halpin, Costello, and McCafferty have recently reached me, I trust soon to be able to send you brief but faithful summaries of these, with some observations upon each case.

I have the honor to remain, with high regard, your obedient servant,

REVERDY JOHNSON.

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

Mr. Costello to Mr. Johnson

Convict Establishment, Chatham.

Convicts are permitted to write one letter on reception, and also at intervals of three, four, or six months, according to the class they may be in. They may also receive one letter (prepaid) at the above-named periods. Matters of private importance to a convict may be communicated at any time by letter (prepaid) to the governor, who will inform the convict thereof if expedient. In case of misconduct, the privilege of receiving or writing a letter may be forfeited for a time. All letters of an improper or idle tendency, either to or from convicts, or containing slang or other objectionable expressions, will be suppressed. The permission to write and receive letters is given to the convicts for the purpose of enabling them to keep up a connection with their respectable friends, and not that they may hear the news of the day. All letters are read by the governor or chaplain, and must be legibly written on the ruled lines, and not crossed. Neither clothes nor any other articles are allowed to be received at the prison for the use of convicts. Persons attempting to introduce any article to or for a convict are liable to fine or imprisonment, and the convict concerned is liable to be severely punished. Convicts are not allowed to have money, books, or postage-stamps sent to them while in prison.

A visit of 20 minutes’ duration allowed every three, four, or six months, according to class, between the hours of 10 a. m. and 4 p. m.; not on Sundays.

Chatham Public Works Prison.

N. B.—The convict’s writing to be confined to the ruled lines of these two pages.

In writing to the convict direct to No. 9824, Augustin Costello.

October 10, 1868.

Sir: I presume I may be allowed to make a few inquiries which I deem important for me to know. Being cramped in paper I must, necessarily, be brief, therefore I hope my few pointed remarks will not appear harsh or rude. Thus divested of all rhetorical flourishes, I would, first, respectfully inquire if you, sir, have received any instructions in my case; and if so, what those instructions are? Secondly, I would ask if (what a strange if!) I am an American citizen; if so, it is a sublime privilege. Thirdly, if the United States government has taken any action in my case, and what the likelihoods are of an eventual release, and when? I will not tie you to a month or two; I only wish to know the “thereabouts;” I am a long time waiting, and am only apprehensive [Page 389] that the beginning of the end has not yet come. In the worst phases of life the inevitable is more endurable than suspense. Judging from the present as well as the past, my future is not very cheering; but of course events of importance may be transpiring in the outside world which, if known to me, might make me think differently. I presume you are aware, sir, that I am allowed to know absolutely nothing on this or any other subject. But, as I am permitted to write a letter to my friends once in six months, I thought it would not be a bad idea to write to you instead, and learn, if possible, what the prospects are of being rescued from this life-in-death existence. I thought to have written you a special letter, so as not to interfere with my domestic letters, but the director, for some reasons best known to himself, denied me that privilege.

It may be, in the whirl of more grave and important events, that the United States government has failed to meet the issue raised in my case; or, as I have been conjecturing, the republic may not wish to disturb the amicable (!) relations existing with the mother country. Or, again, know-nothingism may be, as formerly, in the ascendency, and hence the startling anomaly of one-third of the American population proved to be, according to the letter and the spirit of English law, British subjects. Truly we may exclaim with Joad: “Was ever time in wonders richer.” If I am to be condemned to penal servitude for enjoying liberty’s first-born freedom of speech; if words, or even acts of mine, while in the United States, can make me amenable to British law, then I boldly assert that liberty is not to be found beneath the stars and stripes, and I brand that act of the legislature that conferred on me all the responsibilities, but none of the advantages, of an American citizen, as an insult and a mockery. But let it be known, to whom it may concern, that degrading and miserable as my present position is, I envy not that happiness of my fellow-citizens who are placed but a step higher, on the political ladder, than the negro under the old regime. I am not very pleasantly situated for letter-writing, neither am I sure that this letter will reach you. I should like to give you some idea of prison discipline, but that is an interdicted subject—and no wonder. I would request that a copy, or, what is better, the original, of this letter be sent to the President.

Hoping to receive a prompt and explicit reply, I am, sir, your most obedient servant,

AUG’T ELLICOTT COSTELLO.

Hon. Reverdy Johnson, United States Minister, London.