health began to degrade. His physicians protested heavily to Stanton, who ordered him transferred to the military prison at Fort Hamilton. There Stone was allowed to exercise and his condition improved. He stayed at Fort Lafayette for fifty days, and would spend another 139 in Fort Hamilton. Stone was finally released without explanation or apology on August 16, 1862. The reason for his release was new legislation written by California Senator James A. McDougall. In a small addition to another bill, McDougall reiterated the Articles of War requirement that official charges be filed within eight days of arrest, but went on to include that any imprisoned officer must be given their trial within thirty days. McDougall also made it clear this legislation applied to those currently under arrest, which covered Stone's case. It passed the U.S. Congress and was signed into law by President Lincoln on July 17, 1862. Stanton then waited the thirty days before releasing Stone. It may, or may not be that President Lincoln ordered the arrest of Stone. In a communication of September 30, 1862, General in Chief H. W. Halleck wrote about Stone's arrest: "I understood that it was made by the orders of the President." Release and reassignment After his release, Stone returned home to Washington and awaited orders, and also continued to try to clear his name. Despite the arrest and confinement, Stone's services were still in demand. In September 1862, as the Maryland Campaign developed, McClellan asked the War Department to re-instate Stone, but Stanton declined. When Maj. Gen Joseph Hooker took over command of the Army of the Potomac in early 1863, he asked for Stone as his chief of staff, but Stanton denied this request as well. On February 27, Stone was finally allowed to hear the testimony that caused him to be arrested, and with McClellan no longer his commander Stone could freely answer the accusations. He did this to the Committee's satisfaction, who soon afterwards published its revised findings, clearing Stone. With the facts now known, The New York Times newspaper editorialized: Without assignment until May, Stone was ordered to the Department of the Gulf, serving as a member of the surrender commission at Port Hudson and in the Red River Campaign as Maj. Gen. Nathaniel P. Banks's chief of staff. However, on April 4, 1864, Stanton ordered Stone mustered out of his volunteer commission as a brigadier