avow this violation of the usages of war and to bring the offenders to justice, I shall refrain from executing a rebel soldier until I learn your action in the premises, "I have merely to say that I have in my hands and subject to my orders, captured in the recent operations in this department, some 450 officers and men of the U. S. Army, and for every man you hand I will hand 10 of the U. S. Army.

I am, general, very respectfully, your obedient servant,

G. E. PICKETT,

Major-General, Commanding.

[Inclosure Numbers 4.]

HEADQUARTERS DEPARTMENT OF NORTH CAROLINA,
Petersburg, Va., February 17, 1864.

Major General JOHN J. PECK,

Commanding U. S. Forces, New Berne, N. C.:

GENERAL: Your communication of the 13th instant is at hand. I have the honor to state in reply that you have made a slight mistake in regard to numbers, 325 having "fallen into your (our) hands in your (our) late hasty retreat from before New Berne," instead of the list of 53 with which you have so kindly furnished me, and which will enable me to bring to justice many who have up to this time escaped their just deserts. I herewith return you the names of those who have been tried and convicted by court-martial for desertion from the Confederate service and taken with arms in hand, "duly enlisted in the Second North Carolina Infantry, U. S. Army. " they have been duly executed according to law and the custom of war.

Your letter and list will, of course, prevent any mercy being shown any of the remaining number, should proper and just proof be brought of their having deserted the Confederate colors, many of these men pleading in extenuation that they have been forced into the ranks of the Federal Government.

Extending to you my thanks for your opportune list.

I remain, very respectfully, your obedient servant,

G. E. PICKETT,

Major-General, Commanding.

[Sub-inclosure.]

List of prisoners captured before New Berne and executed at Kinston, N. C., as deserters from the Confederate Army: David Jones, J. L. Haskett, John L. Stanly, Lewis Bryan, Mitchell Busick, William Irving, Amos Armyette, John J. Beck, William Haddick, Jesse Summerlin, Andrew J. Briteau, William Jones, Lewis Freeman, Calvin Hoffman, Stephen Jones, Joseph Biock, Lewis Taylor, Charles Cuthrell, William H. Daughtry, John Freeman, Elijah Kellum, William J. Hill.

[Inclosure Numbers 5.]

HDQRS. ARMY AND DISTRICT OF NORTH CAROLINA,
New Berne, N. C., February 20, 1864.

Major-General PICKETT,

Confederate Army, Petersburg:

GENERAL: Soon after your retreat from New Berne I had the honor to address you respecting 53 loyal North Carolinians who had