consideration whether your course was legitimate in permitting men of my command to be retained and not returned under the cartel, on the ground that they had declined to return and had taken an oath of allegiance to the United States. I apprehend that under no usage of war were you warranted in permitting such an act, the aspect of which is by no means improved by the fact that in this way you increased the inequalities of the transaction to your own advantage, and were enabled to return but 39 Confederate non-commissioned officers and privates, in exchange for 104 officers, non-commissioned officers, and privates of your own service.

You are of course aware that the men whom you have thus retained on their taking the oath of allegiance, according to the laws of war, are incontestably deserters, subject to the punishment set by law for that crime.

In connection with the deserter, Green, I am led to infer that you rest your refusal to surrender him on a denial of the fact that a truce existed on the 19th of July at such times as our respective subordinates (Generals Hagood and Vodges) were not in direct communication under flags of truce between the two forces. Of course I cannot hope to change your views by argument, and shall not attempt it, but will refer you to the report of Brigadier-General Hagood herewith, marked C, which, I believe, will show that there was a truce de facto and substantial between the belligerent forces on Morris Island, during the whole of the 19th of July, and during which my men were chiefly engaged in giving burial to 600 officers and men of your troops, and removing the wounded of both forces.

Further, it is confidently believed that at the time Green entered your lines, Generals Hagood and Vogdes were in conference and a white flag was actually flying. Be that as it may, there was an absolute truce or suspension of hostilities which all soldiers observant of the usages of civilized war would acknowledge, without reference to any lack of a mere symbol, such as a white flag.

In conclusion, I have further to say that no wounded officer of the Fifty-fourth Massachusetts Negro Regiment was returned. If any of the officers of that regiment were captured they have assumed false names and regiments.

Respectfully, your obedient servant,

G. T. BEAUREGARD,

General, Commanding.

[Indorsement.]

HDQRS. DEPT. SOUTH CAROLINA, GEORGIA, AND FLORIDA,
Charleston, S. C., August 31, 1863.

Respectfully forwarded for the information of the War Department. A copy of the letter from these headquarters, dated July 4, 1863, out of which this correspondence grew, was forwarded to the Adjutant and Inspector-General's Office on the 10th ultimo.

G. T. BEAUREGARD,

General, Commanding.

[Inclosure B.]

FORT WAGNER, July 22, 1863-8.25.

Captain NANCE:

The enemy sent in by flag of truce a communication from General Gillmore, and a request that I would give General Vogdes, who ac-