Daniel D. Porter to John Loomis

Mississippi Squadron, Flag Ship Black Hawk Cairo, Decr. 21st 1863

Sir:

I beg leave to acknowledge the receipt of your communication of the 17th instant in relation to the reception of the convicts condemned by sentence of the Naval General Court Martial. At the same time I received a communication from James M. Pitman, Esqr. warden of the State Penitentiary, dated Joliet, Decr. 15. Mr. Pitman agrees to receive any prisoners sent there on the same terms as other prisoners heretofore received.

I will send the prisoners, but I would like it understood that the Secretary of the Navy, be informed if any action should arise out of this imprisonment, or a writ of Habeus Corpus be issued for the possession of the persons of the --- convicts, so that the Secretary may remove them to another place.

The Law is as follows:

'In any case where a naval court martial is authorized to adjudge the punishment of death, it may sentence the person convicted to imprisonment for life, or for a stated term at hard labor, and such sentences of imprisonment and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, or the use of which shall be allowed by the legislature of a State; and persons convicted by a court martial and imprisoned in the prison or penitentiary of any State or Territory shall in all respects be subject to the same discipline and treatment and under the same control as convicts sentenced by the courts of the State or Territory in which such prison or penitentiary is situated'.

Very Respectfully --- Your Obt. Servt. Dann D Porter Rear Admiral

Colonel John S. Loomis Aide. de. Camp etc etc Springfield, Illinois

Porter, David D. Cairo, Dec 21 1864

Received communication in relation to receiving convicts in Penitentiary Mr. Pitman agrees to receive prisoners on same terms as other prisoners heretofore recd. Will send prisoners, but would like the Secty of Navy be informed of any actions should arise out of the imprisonment, etc, etc

Executive Office, 13 Jany [illegible]