and not obligatory upon Major Guerin, who was guilty of no offense in disobeying it.

Without commenting on the legal insufficiently of the specifications to the charge of "neglect of duty," in not alleging any default on the part of Major Guerin, but merely a failure to provide proper and sufficient rations according to the standard authorized and directed by the regulations of the Confederate States Army (a standard which, under the privations endured by soldiers and citizens alike, has not been reached in supplying our armies during the war), it is to be observed that the alleged instances of defaults, beginning in August, 1862, and ending in January, 1863, are five in number as to the troops on James Island and tow as to those at Mount Pleasant and in Christ Church Parish-all that could be brought against Major Guerin, in a search the hostile spirit of which is clearly by the order of Captain J. S. Ryan, acting commissary of subsistence, to the butcher, not ot furnish beef shish had provided-and, considering the scarcity of supplies and the deficiencies of transportation, how easily such occasional failures might occur without default on the part of the chief commissary, it was not deemed necessary or primitive of the pubic interests to order the case for trial before receiving the other expected charges of "neglect of duty" referred to by General Beauregard in his letter of the 4th of February, 1863.

An officer was sent to Charleston to become acquainted with the office, and to be ready to take Major Guerin's place when the case was brought to trial. Those additional charges have not been furnished, nor has the Department been informed that they would not be. The case has thus remained, as it were, suspended.

Without expressing myself as entirely satisfied with Major Guerin's conduct, or his explanation of some to the matters mentioned in the papers, which may, however, hereafter be made satisfactory, and without meaning to imply that this official conduct may not be properly the subject of investigation before a legal court, and though the Commissary-General and Major Guerin have urgently requested that these charges may be investigated before a legal court, and though the Commissary-General and Major Guerin have urgently requested that these charges may be investigated by a competent tribunal, yet it has not been perceived that any benefit to the public service could possibly airs from such investigation had upon the charges and specifications as forwarded; and the tone of animosity against Major Guerin which pervades the correspondence demonstrates the propriety, for the dare of justice, of the control over the proceedings assumed by the War Department.

While it is true that the members of the military courts are appointed by the President, and not even upon the recommendation of the general commanding the departments to which they are attached, yet it must be remembered that the prosecutor, being the commanding general, would have no little control over the accused in matters of importance relaying to the trial, and would be the officer to review the proceedings if the trial was had before the military court of that department. It would not be proper, in the infirmity of human nature, to intrust to any one whose feelings had become so excited the discharge of duties involving questions of such importance to the person accused.

There are several topics of controversy discussed in the papers connected more or less directly with the chief subjects to which the attention of the War Department was attracted, but it is not deemed necessary to refer specifically to them.

Most respectfully,

J. A. SEDDON,

Secretary of War.

62 R R-VOL XIV