War of the Rebellion: Serial 119 Page 0139 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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are guilty of treason. Their entry within the lines of the Confederate Army, while their relations are those of enmity to the Confederate States, as members of the Army of the United States, subjects them to the law and usages of war as applicable to such cases. These conclusions may be fairly implied from the decision of the President in the case of Harris, who was tried at Knoxville by a court-martial. He had from the beginning of the difficulties selected the party of the United States as his own. He protested against being enrolled as a conscript and announced his determination to resist conscription. He was sentenced as a deserter for leaving Tennessee and joining the Federal Army. It is not, however, desirable to prosecute many of these cases. The United States, from their occupancy of so much of our territory and from the facility with which they can seize prominent citizens, have a great advantage over us. They can retaliate to a mischievous extent and inflict far more of evil upon us than we can upon them by adopting extreme measures of severity. The Department has not prosecuted for treason any of the various offenders who have been charged in the States of Virginia and North Carolina, and have treated as prisoners of war or held as disloyal persons, to be kept as hostages, the persons coming under the classifications you have mentioned.

Very respectfully, your obedient servant,


Secretary of War.

RICHMOND, July 22, 1863.

General G. T. BEAUREGARD, Charleston, S. C.:

GENERAL: The joint resolutions of the last Congress control the disposition of all negroes taken in arms. They are to be handed over to the authorities of the State where captured to be dealt with according to the laws thereof.


Secretary of War.


Charleston, July 22, 1863.

General G. T. BEAUREGARD, Commanding Department:

SIR: I am informed that on the 11th instant, on James Island, certain "negro slaves" of different Confederate States were captured in arms in insurrection against the lawful authority of the State of South Carolina, and associated with them were a number of armed free negroes from the Federal State of Massachusetts; and that on the night of the 18th instant there were captured "in arms" on Morris Island certain other negro slaves of different Confederate States, as also certain other armed free negroes of Federal States, and also certain commissioned officers of the United States "found serving in company with armed slaves in insurrection against the authority of South Carolina. "

By proclamation of the President of the 23rd of December, 1862, among other things it was ordered "that all negro slaves captured in arms beat once delivered over to the executive authorities of the respective States to which they belong to be dealt with according to the laws of said States. " Also "that the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with armed slaves in insurrection against the authorities of the different States of this Confederacy. " The observance and enforcement of the above orders by the officers of the C. S.