UNJUST ARREST AND PROSECUTION OF TWO BOSTON MERCHANTS.

PROTEST AND OPINION ON THE CASE OF THE MESSRS. SMITH BROTHERS, MARCH

17, 1865.

Benjamin G. Smith and Franklin W. Smith, merchants and

co-partners in Boston, with the firm name of Smith Brothers &

Co., were suddenly arrested in June, 1864, by order of the Navy

Department, under the charge of fraud in the performance of

contracts with the Department. They were at once consigned to

Fort Warren, in the harbor of Boston, with strict injunctions

to prevent any communication by them with the outer world. Bail

to the amount of half a million dollars was required, which was

subsequently reduced to forty thousand. Their counting-room was

broken open, their safe forced, and their books seized. Their

houses were searched, and private papers taken away. Their

business was, for the time, destroyed. This work was crowned by

ordering a court-martial for the trial of these civilians at

Philadelphia.

These proceedings excited a general interest at Boston. The

Massachusetts delegation in Congress united in the following

appeal to the President, which was drawn by Mr. Sumner.

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