hat 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, and shall, if captured, be put to death, or be
otherwise punished at the discretion of the Court.
"SEC. 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 be otherwise
punished at the discretion of the court.
"SEC. 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 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
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