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Proclamations, Orders, Resolutions, &c.

“...To sell or enslave any captured person, on account of his color, and for no offence against the laws of war, is a relapse into barbarism and a crime against the civilization of the age...”
 —Abraham Lincoln        

The following are only three selected items, but together document the bravery required of both colored troops and their officers:


Richmond, December 24, 1862.
GENERAL ORDERS, No. 111.

I. The following proclamation of the President is published for the information and guidance of all concerned therein:
BY THE PRESIDENT OF THE CONFEDERATE STATES.
A PROCLAMATION.


Now therefore, I Jefferson Davis, President of the Confederate States of America, and in their name do pronounce and declare...

...whereas the President of the United States has by public and official declaration signified not only his approval of the effort to excite servile war within the Confederacy but his intention to give aid and encouragement thereto if these independent States shall continue to refuse submission to a foreign power after the 1st day of January next, and has thus made known that all appeals to the laws of nations, the dictates of reason and the instincts of humanity would be addressed in vain to our enemies, and that they can be deterred from the commission of these crimes only by the terms of just retribution:

Now therefore I, Jefferson Davis, President of the Confederate States of America and acting by their authority, appealing to the Divine Judge in attestation that their conduct is not guided by the passion of revenge but that they reluctantly yield to the solemn duty of repressing by necessary severity crimes of which their citizens are the victims, do issue this my proclamation, and by virtue of my authority as Commander-in-Chief of the Armies of the Confederate States do order--

...3. 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.

4. That the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with armed slaves in insurrection against the authorities of the different States of this Confederacy.

In testimony whereof I have signed these presents and caused the seal of the Confederate States of America to be affixed thereto at the city of Richmond on this 23d day of December, in the year of our Lord one thousand eight hundred and sixty-two.


JEFF’N DAVIS.
By the President:
    J. P. BENJAMIN, Secretary of State.


II. Officers of the Army are charged with the observance and enforcement of the foregoing orders of the President. Where the evidence is not full or the case is for any reason of a doubtful character it will be referred through this office for the decision of the War Department.

By order:
S. COOPER        
Adjutant and Inspector General.      


Ref: Excerpted from Proclamation, U.S. War Department, The War of the Rebellion: A Compendium of the Official Records of the Union and Confederate Armies, 128 vols., Washington, 1880-1901, ser. 2, vol. 5, pp. 795-97.





Confederate Congressional Resolution
1 May 1863


1. Resolved by the Congress of the Confederate States of America, in response to the message of the President transmitted to Congress at the commencement of the present session, That, in the opinion of 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.

2. That, in the judgment of Congress, the proclamations of the President of the United States, dated, respectively, September 22, 1862, and January 1, 1863, and the other measures of the Government of the United States and of its authorities, commanders, and forces, designed or tending to emancipate slavers in the Confederate States, or to abduct such slavers, 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.

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, the 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.

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 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.

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 otherwise punished, at the discretion of the court.

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 such terms as he may deem proper.

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.

Ref: Journal of the Confederate Congress, U.S. Govt. Printing Office, 1904, Senate Proceedings, April 30, 1863 (Vol. 3, pp. 386-387); and House Proceedings, May 1, 1863 (Vol. 6, pp. 486-487)





Proclamation of the President (U.S.)
30 Jul 1863


Executive Mansion, Washington D.C July 30. 1863


It is the duty of every government to give protection to its citizens, of whatever class, color, or condition, and especially to those who are duly organized as soldiers in the public service. The law of nations and the usages and customs of war as carried on by civilized powers, permit no distinction as to color in the treatment of prisoners of war as public enemies. To sell or enslave any captured person, on account of his color, and for no offence against the laws of war, is a relapse into barbarism and a crime against the civilization of the age.

The government of the United States will give the same protection to all its soldiers, and if the enemy shall sell or enslave anyone because of his color, the offense shall be punished by retaliation upon the enemy’s prisoners in our possession.

It is therefore ordered that for every soldier of the United States killed in violation of the laws of war, a rebel soldier shall be executed; and for every one enslaved by the enemy or sold into slavery, a rebel soldier shall be placed at hard labor on the public works and continued at such labor until the other shall be released and receive the treatment due to a prisoner of war.


ABRAHAM LINCOLN


Ref: The Collected Works of Abraham Lincoln, ed. Roy P. Basler et al., 9 vols., New Brunswick, N.J., 1953-55, vol. 6 , p. 357:





Last Updated Saturday, April 13, 2002



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