Sir: Your two letters, dated January 9th & 10th, have been received. The former gave a brief statement of the facts, in relation to the arrest, by Agent Leeper, of one Meyer, supposed to be a spy, with $6.455.70, in Drafts and Specie upon his person, and enclosed copies of letters from Messrs Leeper and Shirley, bearing upon same subject. The latter simply covered the Affidavit of a Mr. Barnes, claiming the Drafts referred to, followed by affidavits of Meyer and one Jacob Mariner intended to substantiate it.
The questions presented in this case should properly be investigated by Brig. Genl. Pike, who has command of the Department of the Indian Territory, where this person was arrested; and a letter has therefore been written to him from this Bureau, for the purpose of calling his attention to the fact.
You will take the necessary steps to have the man Meyer turned over to him. Very respectfully,
S. S. Scott, Act’g Comr. of Ind. Affairs.
Fort Smith, 16th Feby 1862
Elias Rector Esq, Superintendent of Ind. Affairs
Sir: As to the case of Fredrick Meyer, arrested as a spy, there is nothing beyond suspicion against him, except his possession of certain drafts drawn by a U. S. Quartermaster on the Assistant Treasurer at New York, and the Statements of Comanche Indians, who are not competent witnesses.
I decline to place him in custody as a spy or to order a Miltary Court to try him. I cannot order his discharge or the return of the drafts and money taken from him, because the Military power is silent, within the limits of Arkansas, in the presence of the Court power, as to reports that may be asserted and remedies that may be pursued, in the Courts. If I had the power, I should make the order.
If you continue to hold the property in question, or to detain the party, you will please consider that you do it on your own authority. I am very respectfully yours,
Albert Pike, Brig. Genl. Commr. Ind. Dept.