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[17]
‘Third. That all negro slaves captured in arms be at once delivered over to the executive authorities of the respective States to which they belong, to be dealt with according to the laws of said States.’

The act passed by the Confederate Congress previously referred to, contained a section which extended the same penalty to negroes or mulattoes captured, or who gave aid or comfort to the enemies of the Confederacy. Those who enlisted in the Fifty-fourth did so under these acts of outlawry bearing the penalties provided. Aware of these facts, confident in the protection the Government would and should afford, but desirous of having official assurances, George T. Downing wrote regarding the status of the Fifty-fourth men, and received the following reply:—

Commonwealth of Massachusetts, Executive Department, Boston, March 23, 1863.
George T. Downing, Esq., New York.
Dear sir,—In reply to your inquiries made as to the position of colored men who may be enlisted into the volunteer service of the United States, I would say that their position in respect to pay, equipments, bounty, or any aid or protection when so mustered is that of any and all other volunteers.

I desire further to state to you that when I was in Washington on one occasion, in an interview with Mr. Stanton, the Secretary of War, he stated in the most emphatic manner that he would never consent that free colored men should be accepted into the service to serve as soldiers in the South, until he should be assured that the Government of the United States was prepared to guarantee and defend to the last dollar and the last man, to these men, all the rights, privileges, and immunities that are given by the laws of civilized warfare to other soldiers. Their present acceptance and muster — in as soldiers


1894. Boston Book Co. Boston,.

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