STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT,

Columbia, August 23, 1864.

Honorable JAMES A. SEDDON, Secretary of War:

SIR: On the 10th of August, 1863, I ordered the provost-marshal's court for Charleston district convened for the trial of such slaves as had then recently been captured on James and Morris Islands "in arms against the lawful authority of South Carolina, and free negroes of any of the Southern States connected with such slaves. " I appointed W. Hayne, attorney-general, and A. P. Aldrich, esq., to prosecute, and two eminent lawyers, Nelson Mitchell and Edward McCrady, esqrs., to defend the prisoners.

The court, after hearing evidence and argument, decided that they had no jurisdiction of the case, the correctness of which decision may be questioned; and on the same day I communicated to you the fact that I had ordered the trial, and also announced my purpose to delay any action for the present with regard to the free negroes from the Northern States. On 1st of September you replied to my communication of 10th of August, giving me the President's views upon the subject-matter of the letter, and adding:

I venture to recommend further, that the captured negroes be not brought to trial; or, if condemned, that your power of executive clemency be exercised to suspend their execution, to allow the possibility of arrangement on this question, so fraught with present difficulty and future danger.

I fully appreciated the embarrassments surrounding this question, and accordingly suspended further action till something might be done. I moreover supposed it probable that the Congress would have amended its resolutions.

I may here add that in cases of slaves of this State offending in like manner, which have occurred before other similar courts, the offending have been executed. One case of a Florida slave convicted I have reserved, in accordance with your suggestion.

I now bring this subject again to your attention, in order that something definite may be done if practicable; and as my term of office expires in December I should be glad to dispose of it, so far as I am concerned, before that period.

Very respectfully, yours,

M. L. BONHAM.

AUGUST 23, 1864.

General FORREST, Panola, Miss.:

I congratulate you. Consider wisdom of notifying Washburn. His staff will be hostages for outrages and violations of civilized warfare by his troops.

D. H. MAURY.

WASHINGTON, August 24, 1864.

General BUTLER:

I will deliver on parole invalid rebel officers and men for those arrived at Annapolis if you desire it.

W. HOFFMAN,

Commissary-General of Prisoners.

43 R R - SERIES II, VOL II