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are not criminal; the intent constitutes the crime. and if in this instance, I am so unfortunate as to differ with the Attorney General, I shall feel no degradation in yielding my opinion to one, independent of whose rank, stands confessedly, among the first men in the union for legal acquirements. The contents of the letter of Lieut. Col. Nicks require no comment. He professes to have no personal knowledge of any facts which would be material in the case. and of his correspondent Mr. Maury I have no knowledge. I need not offer any apology got the length of this letter: the subject seemed to require it; but if in the course of my observations I have been drawn into the use of expression not strictly correct; considering to whom they are addressed, I beg you indulgence; and I flatter myself I shall receive it, when you advert to the very uncandid and unwarrantable insinuation contained in the Gov. letter, and the excitement of feeling it is calculated to produce. I have the honor to be with high consideration respect your very obed. Serv. D.B.Mitchell

The Hon: John C. Calhoun Secretary of War Washington.