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)