rect, 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."]
But atrocious as were the provisions of the Resolution, or Act
aforesaid, in that they threatened death or Slavery to every Black man
taken with Union arms in his hand, and death to every White commissioned
officer commanding Black soldiers, yet the manner in which they were
executed was still more barbarous.
At last it became necessary to adopt some measure by which captured
Colored Union soldiers might be protected equally with captured White
Union soldiers from the frequent Rebel violations of the Laws of War in
the cases of the former.
President Lincoln, therefore, issued an Executive Order prescribing
retaliatory measures.
[In the following words:
"EXECUTIVE MANSION,
"WASHINGTON, 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 offense 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 any one
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
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