Benjamin H. Brewster to William H. Seward, April 16, 1862

706 Walnut Street,

PHILADELPHIA, April 16, 1862.

Hon. WILLIAM H. SEWARD, Secretary of State.

SIR: By the directions of General Simon Cameron I send you a summons issued by the supreme court of this State at the suit of Pierce Butler v. Simon Cameron, July 1-November 17, 1861. The writ is returnable the first Monday of May, 1862, and is for trespass, vi et armis, assault and battery and false imprisonment. The cause of action is no doubt founded upon the supposed misconduct of General Cameron in causing the arrest of the plaintiff, Mr. Pierce Butler, and placing him in Fort Warren or some other public fortification without authority of law while he, General Cameron, was Secretary of War. As I am instructed the act was not the act of General Cameron, and was done by those who commanded it be done for just reasons and for the public good.

You will please communicate the fact of this suit to the President and such other official persons as should properly be advised of it and have such action taken as shall relieve the defendant Simon Cameron from the burden, cost and responsibility of defending this suit.

By the directions of General Cameron I have as his private counsel ordered my appearance for him, while I also invite and request the intervention of the proper authorities in his behalf and for his protection.

I am, sir, truly, &c.,

BENJAMIN H. BREWSTER.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 2 (Serial No. 115), p. 507; Congressional Series of United States Public Documents: 37th Congress, 2nd Session, Ex. Doc. No. 43

Edward Bates to George A. Coffey, May 5, 1862

ATTORNEY-GENERAL'S OFFICE, May 5, 1862.

GEORGE A. COFFEY, Esq.,

U. S. District Attorney, Philadelphia.

SIR: Of course you have unofficial information of an action brought in the supreme court of Pennsylvania for the eastern district by Pierce Butler v. Simon Cameron, “in a plea of trespass, vi et armis, assault and battery and false imprisonment.” The copy of the writ sent to me does not disclose the fact that the action is founded upon any official act of the ex-Secretary of War; but it is well understood here that the action arises out of the arrest of Mr. Butler upon political grounds and his supposed complicity in the existing rebellion. Upon this supposition the President adopts the act of the Secretary of War in restraining Mr. Butler temporarily from his liberty, and desires that the suit shall be fully defended as a matter which deeply concerns the public welfare as well as the safety of the individual officers of the Government.

Mr. Cameron has retained private counsel for his defense, Mr. Benjamin H. Brewster, 706 Walnut street, Philadelphia. Mr. Brewster's letter to Mr. Seward is before me wherein he says:

I have as his (Cameron's) private counsel ordered my appearance for him, while I also invite and request the intervention of the proper authorities in his behalf and for his protection.

By authority of the President therefore I request that you will give attention to the case and render whatever aid the full defense of the action may in your good judgment require. There are other actions pending of a somewhat similar character — especially one against Secretary Welles in this District — and no doubt they will greatly multiply unless met vigorously and carefully in limine. Of course Mr. Brewster will see that there is no judgment by default, but to bar accidents please see to it. There is a bill pending in Congress which if passed will facilitate defenses in such cases.

With great respect, your obedient servant,

EDWARD BATES.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 2 (Serial No. 115), p. 508

Washington News

WASHINGTON, April 21. – A message reached the Senate to-day from the President, touching the arrest of ex-Secretary Cameron at the insistence of Pierce Butler. The President avows Butler’s arrest to be his act done under his authority and avers that it was justified by State necessity.

The nomination of Col. Tuttle of the 2nd Iowa as a Brigadier General has been determined upon.

Gen. Rosecrans is in command of a corps, and he will soon be heard from.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, April 26, 1862, p. 4