APPENDIX No. 6.

The following table shows the number of immigrants arrived at the ports of Boston, New York, New Orleans, Baltimore, Philadelphia, San Francisco, and Detroit, during the first three quarters of the year 1866.

The number of Chinese who arrived at the port of San Francisco from January 1, 1866,

to September 30, 1866, is 2,118.

H. Ex. Doc. 39-10.

A resolution of the House of the 14th instant, transmitting papers relative to the case of A. B. Morey, indicted in the local court at Vicksburg, Mississippi.

JANUARY 18, 1867.-Referred to the Committee on Military Affairs and ordered to be printed.

ATTORNEY GENERAL'S OFFICE,

Washington, January 17, 1867.

SIR: I have the honor to acknowledge the receipt of the following resolution of the House of Representatives of January 14, 1867:

66

Resolved, That the Attorney General be directed to communicate to this house all the papers before him in the matter of A. B. Morey, indicted in the local court at Vicksburg, Mississippi, together with his opinion thereon."

In compliance with this resolution I herewith transmit copies of all the papers on file in this office in relation to the case. It will be observed that among these papers is a copy of a letter from the Secretary of War, under date of January 7, 1867, asking my opinion "as to the course which should be adopted to obtain Mr. Morey's release."

In consequence of the great pressure of my official duties in the argument of cases in the Supreme Court since the receipt of the letter I have been unable to give the opinion until to-day.

Α

copy

of the opinion is herewith sent.

I have the honor to be, very respectfully, your obedient servant,
HENRY STANBERY,

Hon. SCHUYLER COLFAX,

Speaker of the House of Representatives.

Attorney General.

WAR DEPARTMENT, Washington City, January 7, 1867.

SIR: I have the honor to transmit herewith a report from General Grant, requesting information as to the measures necessary to secure the release of A B. Morey from indictment and bail upon charges based on acts committed unde

the instructions of General Grant during the siege of Vicksburg. I will thank you to advise this department as to the course which should be adopted to obtain Mr. Morey's release.

I have the honor to be, sir, your obedient servant,

Hon. HENRY STANBERY,

Attorney General.

EDWIN M. STANTON,

Secretary of War.

HEADQUARTERS 13TH ARMY CORPS, DEPARTMENT OF the

TENNESSEE, Office of the PROVOST MARSHAL GENERAL,
La Grange, November 27, 1862.

Private Amos B. Morey, of company E, one hundred and twenty-fourth Illinois volunteers, has permission to pass through all the camps of this command at all hours, day and night, on special service, till further orders; and he will be permitted to come to these headquarters at his pleasure.

The commanding officer of his company will release him from duty at any time he may request, until further orders.

By command of Major General U. S. Grant:

WM. S. HILLYER, . Provost Marshal General.

HEADQUARTERS DEPARTMENT OF MISSISSIppi,

Vicksburg, Mississippi, June 8, 1866.

Private Amos B. Morey, company E, 124th Illinois volunteers, was employed by competent military authority from the 27th November, 1862, to the 25th July, 1865, as a secret agent and detective, and his acts as such are covered by mili tary authority, and for them he is not cognizable to the civil authorities.

T. J. WOOD,

Major General Volunteers, Commanding.

[Special Orders No. 34.-Extract.]

HEADQUARTERS WESTERN DISTRICT OF Mississippi,

Vicksburg, Mississippi, July 25, 1865.

VII. Private A. B. Morey, E company, 124th Illinois infantry volunteers, is hereby relieved from duty as chief of detective force in this district, and will report to the commanding officer of his company at once. By order of Brigadier General J. A. Maltby:

T. SLEASON,

Acting Assistant Adjutant Genera!.

OFFICE OF U. S. MARSHAL SOUTHERN DISTRICT MISSISSIPPI,

Vicksburg, October 6, 1866.

DEAR SIR: Mr. A B. Morey, the bearer of this, stands charged by the civil authorities here of having forcibly taken from a Jew here two camp tents during

the occupation of this place by the United States forces. Mr. Morey I knew to be a detective under the employment of Colonel Waddell, then provost marshal, and I have every reason to believe acted under the orders of Colonel Waddell in the matter. I have never known or heard of his giving any one any unnecessary trouble, or annoying any citizen unnecessarily in the pursuance of his official duties. I think he is being prosecuted without a just cause, and he ought to be relieved. His case has been on hand for some months, subjecting him to much inconvenience and cost. I ask, if it is consistent with your views, that you will take such steps as you think most expedient to have him relieved as early as possible.

I am, sir, very respectfully, your obedient servant,

General U. S, GRANT.

DUFF GREEN,

U. S. Marshal Southern District Mississippi.

Respectfully forwarded to the Secretary of War, with request that these papers be submitted to the Attorney General for information as to what measures are necessary to secure the release of Mr. A. B. Morey from indictment and bail. The facts in the case are as follows: Private A. B. Morey, 124th Illinois infantry volunteers, was detailed for detective duty in November, 1862, by my order, and remained on such duty until July, 1865. During this time, and in accordance with my instructions in such cases, he took from a citizen two tents, believed to be the property of the United States, and turned them over to the provost marshal. He now stands indicted, and is under bail in the sum of three thousand dollars ($3,000) to appear for trial before the civil courts at Vicksburg, Mississippi, for stealing these tents. Having simply executed my instructions, in my opinion Mr. Morey is not responsible to the civil courts, and should be released from bail and indictment.

U. S. GRANT, General.

HEADQUARTERS ARMY UNITED STATES, January 7, 1867.

ATTORNEY GENERAL'S OFFice,
January 17, 1867.

SIR: I have the honor to state my opinion in the matter of A. B. Morey, upon the question submitted by your letter of January 7, as to the course proper to be pursued in his behalf. I take the facts from the statement made to you by General Grant, under the same date.

From this statement it appears that Morey was a private in the 124th Illinois infantry volunteers, and was detailed for detective duty in November, 1862, by order of General Grant, and remained on such duty until July, 1865. During that time, and in accordance with the instructions of General Grant in such cases, he took from a citizen two tents, believed to be the property of the United States, and turned them over to the provost marshal. He now stands indicted, and is under bail in the sum of $3,000 to appear for trial before the civil courts at Vicksburg, Mississippi, for stealing these tents.

These facts bring private Morey within the protection provided in the fourth and fifth sections of the habeas corpus act of March 3, 1863, and the act amendatory thereto of May 11, 1866. It is provided by the fourth section of the first named act, and the first section of the last mentioned act, among other things, that as to any seizure or any act done during the rebellion, it shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be