P.G.T. Beauregard to Quincy A. Gillmore, August 18, 1863

General Q. A. GILLMORE, Commanding U. S. Forces, Morris Island:

Sir: Your letter of the 5th was not received at these headquarters until the 8th instant.

I cannot bandy allegations with you, and much less shall I emulate the temper and spirit in which your communication was conceived, but will simply confine myself to showing how groundless is your imputation of bad faith on my part in connection with the return of wounded prisoners of war.

You knew that there existed an order of the President of my Government, and possibly were aware of an act of the Congress of the Confederate States, which expressly exclude armed negroes from recognition by Confederate States officers as legitimate means of war. You know, moreover, that in accordance with this position of the constituted authorities of my people, as in duty bound, I had uniformly refused to receive or communicate in this department with flags of truce borne by officers or escorted by men of negro regiments in your service.

You had thus due notice of my views and of my practice, and could have no right to expect me to deviate from either on such an occasion. Indeed, you must have felt assured of the fact that I could not assent to any course which, in effect, placed negroes taken in arms in the State of South Carolina on the same footing with recognized soldiers. Therefore, if not prepared to yield your consent, or obliged to exact an acquiescence on our side in the pretension of the United States, but recently set up after two years of war, to employ negro soldiers, you were surely bound to demand definitively that negroes should be included in the proposed arrangement, but you did not demand it.

The fact is, you were well satisfied of what would be my course had you attempted to make such conditions, and, bearing in mind that I had many more of your wounded than you had of mine, you chose, sir, to ignore your negro ally after having given him the right or head of your storming column on the 18th of July. This, sir, will be the record of history, I dare to say, even as made up by

our own countrymen.

: Certain apsraeroen I trust, will satisfy you that I had no idea of leading you to expect me to disregard the orders of my Government and my usage in respect to armed negroes. Brigadier-General Hagood’s report (marked B) shows, I submit, the understanding of the officer who bore the flag from you, to wit, Brigadier-General Vogdes, of your service. mee AS hile I may not descend to recriminations, I must submit for your

46 Ss. C. AND G. A. COASTS, AND IN MID. AND E. FLA. (CHap. X. L.

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 tothe United States. I apprehend that under no usage of war were you warranted in pene 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 Vogdes) 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 é 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.

urther, 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,