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CHARLESTOWN, VA., October 29, 1861.

Hon. Mr. BENJAMIN, Secretary of War.

DEAR SIR: Having had Mr. [Austin H.] Herr, a resident of Harpers Ferry, arrested because of his alleged intercourse with the enemy, which intercourse he admits but pleads as not treasonable, it having been in every instance advised by his counsel, Mr. A. Hunter how far Mr. Herr's intercourse with the enemy (which has consisted in his receiving pay for flour and wheat used by them from his mill) [sic.] I have preferred under the circumstances to refer to you for decision, as I want some guide in treating similar cases which are frequent upon the border. I considered Mr. Herr's case aggravated by the fact of Federal troops taking possession of Harper's Ferry, as the Federal newspaper report says, for the purpose of removing wheat from his mill which I am led to believe Mr. Herr expects pay for from the Federal Government. My men found Federal guards around his mill which still contained wheat, upon which they fired it and burned it to ashes, arresting Mr. Herr as a party to their transactions in violation of the Confederate law.

Upon offering Mr. Herr the option to take the oath of allegiance or leave the State Mr. Herr declined taking the oath for reasons which he will state to you, but expressed a desire to remain a citizen of the Confederate States without giving such evidence of his loyalty. I do not feel at liberty to release him without such evidence and consequently send him on parole, accompanied by his friend, Mr. A. Hunter, to you for your decision. I beg of you to give me some guide in similar cases of which I have not a few. I am satisfied that Mr. Herr is a conscientious man and would not deliberately be traitorous to our cause, but think that such intercourse has already and would likely continue to result in evil to us.

Respectfully,

TURNER ASHBY,
Lieutenant-Colonel, C. S. Army.