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General Jordan's recollection, as given the writer, is that J. W. Hayne, the attorney-general of the State, made an argument demanding the prisoners in behalf of South Carolina; that W. H. Trescott was also present, and by request made answer against the demand made upon the military authorities.

Meanwhile the friends of the regiment appealed to the government for the protection of those captured. It drew forth President's Lincoln's proclamation of July 30, 1863, quoted on page 96, and the following letter:—

War Department, Washington City. August 4, 1863.
dear sir,—Every effort has been made and will be made by this Department to obtain the release of Captain Russel, Captain Simpkins, and the other gallant officers and soldiers, black and white, who fell into the hands of the enemy at Fort Wagner. You will perceive by the papers an order from the president, determining what the action of the government will be, for the purpose of affording all the protection in its power against the barbarism of the enemy.

Yours truly,

M. L. Bonham, the governor of South Carolina, on Aug. 10, 1863, ordered the provost-marshal's court for Charleston district to be convened, for the trial of such slaves as had 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.’ Governor Bonham appointed the attorney-general, J. W. Hayne, and A. P. Aldrich to prosecute, and Nelson Mitchell and Edward McCrady, lawyers of eminent ability, to defend the prisoners.

Meanwhile, Jordan, representing General Beauregard, satisfied that should the prisoners be enslaved or executed, retaliation would fall alone upon the military forces of the Confederacy, was active in impressing this view upon others. His statement is that the provost-marshal was an army officer, and that he (Jordan) sought him out and informed him that, having consulted Nelson Mitchell, the latter held that the captives were not

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