same protection to these troops that they do to any other
troops."

General Taylor replied that he would punish all such acts, "disgraceful
alike to humanity and the reputation of soldiers," but declared that
officers of the "Confederate Army" were required to turn over to the
civil authorities, to be dealt with according to the laws of the State
wherein such were captured, all negroes taken in arms.

As early as December, 1862, incensed by General Butler's administration
at New Orleans in the arming of negroes, Jefferson Davis, President of
the Confederate Government, issued the following proclamation:

"FIRST.--That all commissioned officers in the command of
said Benjamin F. Butler be declared not entitled to be
considered as soldiers engaged in honorable warfare, but as
robbers and criminals, deserving death; and that they, and
each of them, be, whenever captured, reserved for execution.

"SECOND.--That the private soldiers and non-commissioned
officers in the army of said Benj. F. Butler, be considered
as only instruments used for the commission of crimes,
perpetrated by his orders, and not as free agents; that
they, therefore, be treated when captured as prisoners of
war, with kindness and humanity, and be sent home on the
usual parole; that they will in no manner aid or serve the
United States in any capacity during the continuance of war,
unless duly exchanged.

"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, and to be dealt with
according to the laws of said States.

"FOURTH.--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 said slaves in
insurrection against the authorities of the different States
of this Confederacy.

"Signed and sealed at Richmond, Dec. 23, 1862.

"JEFFERSON DAVIS."

This Proclamation was the hoisting of the black flag against the
Phalanx, by which Mr. Davis expected to bring about a war of
extermination against the negro soldiers.[28]

In his third annual message to the Confederate Congress, Mr. Davis said:

"We may well leave it to the instincts of that common
humanity which a beneficient creator has implant