I have the honor to say that the Department has not been informed of the capture of any slaves by our armies.

Very respectfully, your obedient servant,

GEO. W. RANDOLPH,

Secretary of War.

RICHMOND, September 22, 1862.

Brigadier General L. TILGHMAN:

Ten thousand three hundred and sixty-eight non-commissioned officers and privates are exchanged. In arriving at this number one non-commissioned officer must be counted as two privates. In addition to this all commissioned officers are exchanged who have been delivered up to this date. The exchange will be completed as to the remainder on Saturday next.

GEO. W. RANDOLPH,

Secretary of War.

HEADQUARTERS ARMY OF KENTUCKY,
Lexington, Ky., September 22, 1862.

Brigadier General D. LEADBETTER.

GENERAL: Information has been received at these headquarters that there are quite a number of home-guards in the neighborhood of Georgetown. The major-general commanding directs that you take immediate steps to have their arms brought in and the men paroled.

Very respectfully, your obedient servant,

H. P. PRATT,

Lieutenant and Acting Assistant Adjutant-General.

DISTRICT OF THE MISSISSIPPI,

PROVOST-MARSHAL-GENERAL'S OFFICE,

Jackson, Miss., September 22, 1862.

Brigadier General DANIEL RUGGLES, Commanding District.

GENERAL: In obedience to your instructions I have given such attention as my limited time and inability to procure authorities on the subject would permit to the question-

Whether a citizen of the Confederate States not belonging to the Army or Navy or to the militia in actual service can be tried by a military court upon the charge of being a spy for the enemy?

The Constitution of the Confederate States, Article 1, section 9, paragraph 16, provides that-

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person * * * be deprived of life, liberty or property without due process of law.

It will be seen that this paragraph provides for a state of war as well as peace and restricts the jurisdiction of all tribunals not proceeding by the ordinary form in indictment or presentment to the three enumerated classes.

But it has been said that those articles of war which prescribe the penalty for holding intercourse with the enemy, relieving his wants or giving him information are so comprehensive in their terms as to