Resolved by the Congress of the Confederate States of
America in response to 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
slaves in the Confederate States or to abduct such slaves 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, and 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 or
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.
6. Every person charged with an offense punishable under the
preceding resolution 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.
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 law of
such State or States.
TH. S. BOCOCK,
Speaker of the House
of Representatives.
ALEXANDER H. STEPHENS,
President of the
Senate.
Approved May 1, 1863.
JEFFERSON DAVIS.
SOURCES: The War of the Rebellion: A Compilation of
the Official Records of the Union and Confederate Armies, Series II, Volume
5 (Serial No. 118), p. 940-1; Journal of
the Congress of the Confederate States of America, 1861-1865, Volume 6,
486-7.
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