perpetrated by his orders and not as free agents; that they therefore be treated, when captured, as prisoners of war, with kindness and humanity, and be sent home on the usual parole, that they will in no manner aid or serve the United States in any capacity during the continuance of this war unless duly exchanged.

3rd. That all negro slaves captured in arms be at 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.

4th. 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.

In testimony whereof I have signed these presents and caused the seal of the Confederate States of America to be affixed thereto at the city of Richmond, on [L. 8.] this 23rd day of December, in the year of our Lord one thousand eight hundred and sixty-two.

JEFFERSON DAVIS.

By the President:

J. P. BENJAMIN,

Secretary of State.

II. Officers of the Army are charged with the observance and enforcement of the foregoing orders of the President. Where the evidence is not full, or the case if for any reason of a doubtful character, it will be referred through this office for the decision of the War Department.

By order:

S. COOPER,

Adjutant and Inspector General.

DECEMBER 25, 1862.

Colonel DEBRAY:

General Magruder directs that you summon Major (Captain) Leon Smith and direct him to prepare the Bayou City for service immediately; to put a platform on the boat for the 32-pounder rifled gun, which will be sent up to Harrisburg to-morrow; to prepare the Neptune in like manner for the two 24-pounder howitzers now at Harrisburg. He will use Cotton on the decks of both to give the appearance of protection and not wait to fasten it if it costs time. For this purpose he will use all the mechanics and other force that can be worked with advantage, taking the material or property he may need by seizing if necessary. He will send some other boat for the guns at Morgan's Point instead of the Neptune. He will call for 150 volunteers for each boat, taking citizens and soldiers from all quarters. He will make all the dispositions and perform all his functions in the general's name. He will use the small-arms already given him if they have not been sent away. He will be ready to move at 12 m. day after to-morrow (Saturday) to take part in an attack upon the fleet in things do not change. The coxswain of the Owasco has deserted, and will be sent up to report to Major Smith to-morrow. He says the fleet can be easily driven out of the harbor, and is anxious to take part and lead a cotton boat in the fight. He is drunk, and has been fighting, he says, on account of his principles. He will not play false. If he does he dies. He wishes to serve the gun himself. Take him on board, but do not let him go near the gun. Treat him kindly and let him remain near the captain. Take any man's cotton unless it can be bought. I prefer Major Smith to go in command of both boats. Attack from on shore, if any, will be with about 2,000 long-range rifles and twenty pieces of artillery. Only 300 soldiers have arrived, and they in an unarmed vessel. Keep the coxswain, Monroe, from liquor. Colonel Debray will order down such unarmed men of