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[524] Congress, the commissioned officers of the enemy ought not to be delivered to the authorities of the respective States, as suggested in the said message, but all captives taken by the Confederate forces ought to be dealt with and disposed of by the Confederate Government.

Sec. 2. That, in the judgment of Congress, the proclamations of the President of the United States, dated respectively September 22d, 1862, and January 1st, 1863, Land the other measures of the Government of the United States and of its authorities, commanders, and forces, designed or tending to emancipate slaves in the Confederate States, or to abduct such slaves, or to incite them to insurrection, or to employ negroes in war against the Confederate States, or to overthrow the institution of African Slavery, and bring on a servile war in these states, would, if successful, produce atrocious consequences, and they are inconsistent with the spirit of those usages which, in modern warfare, prevail among civilized nations; they may, therefore, be properly and lawfully repressed by retaliation.

Sec. 3. That in every case wherein, during the present war, any violation of the laws or usages of war among civilized nations shall be, or has been, done and perpetrated by those acting under the authority of the Government of the United States, on the persons or property of citizens of the Confederate States, or of those under the protection or in the land or naval service of the Confederate States, or of any State of the Confederacy, tile President of the Confederate States is hereby authorized to cause full and ample retaliation to be made for every such violation, in such manner and to such extent as he may think proper.

Sec. 4. That every White person, being a commissioned officer, or acting as such, who, during the present war, shall command negroes or mulattoes in arms against the Confederate States, or who shall arm, train, organize, or prepare negroes or mulattoes for military service against the Confederate States, or who shall voluntarily aid negroes or mulattoes in any military enterprise, attack, or conflict, in such service, shall be deemed as inciting servile insurrection, and shall, if captured, be put to death, or be otherwise punished at the discretion of the court.

Sec. 5. Every person, being a commissioned officer, or acting as such in the service of the enemy, who shall, during the present war, excite, attempt to excite, or cause to be excited, a servile insurrection, or who shall incite, or cause to be incited, a slave to rebel, shall, if captured, be put to death, or be otherwise punished at the discretion of the court.

Sec. 6. Every person charged with an offense punishable under the preceding resolutions shall, during the present war, be tried before the military court attached to the army or corps by the troops of which he shall have been captured, or by such other military court as the President may direct, and in such manner and under such regulations as the President shall prescribe; and, after conviction, the President may commute the punishment in such manner and on such terms as he may deem proper.

Sec. 7. All negroes and mulattoes who shall be engaged in war, or be taken in arms against the Confederate States, or shall give aid or comfort to the enemies of the Confederate States, shall, when captured in the Confederate States, be delivered to the authorities of the State or States in which they shall be captured, to be dealt with according to the present or future laws of such State or States.

The connection between the premises here alleged and the action based thereon is by no means obvious. For more than two years, negroes had been extensively employed in belligerent operations by the Confederacy. They had been embodied and drilled as Rebel soldiers, and had paraded with1 White troops at a time when this would not have been tolerated in the armies of the Union. Yet, in the face of these notorious facts, it is here provided that “every White person, being a commissioned officer, or acting as such, who, during the present war, shall command negroes or mulattoes [whether ever slaves or not] in arms against the Confederate States, shall, if captured, be put to death, or otherwise punished at the discretion of the court.”

Some of the leading and most thorough Rebel journals, on reflection, admitted that this was unjustifiable — that the Confederacy could not prescribe the color of citizens of the Free States, never in bondage at

1 At New Orleans, see p. 522.

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