The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-05
Government of Armies i'm the Field,
PROTECTION TO BLACK SOLDIERS.

The Government has just published
g Instructions for the government of Ar
mics in the Field" prepared by Prof
Francis LIEBSR, LID, and revised by a
Board of Officers, whereof Gen ETHAN A.
HIroHoocK is President, and approved by
the President of the United States. These
Instructions are full and elaborate, extend
ing to 157 sections, and seem to cover
every case which may arise as between the
belligerents in the prosecution of wars
generally, and OF the present Civil War
especially. They treat OF Martial Law,
Civil War, Insure ,tion, Rebellion Ex-
changed Prisoners, Flags of Truce, Parole,
the taking of Public and of Private Prop
erty, the Treatment OF Spies, Scouts. Guer-
i:as, AssassinS, etc, and from beginning
to end claim no immunities for the soldiers
of our own or any other established and
universally recognized government, over
hose of an armed and formidable rebellion.
With regard to the treatment of Black
Soldiers, their provisions are as follows:
Al. All municipal law of the ground on which
the srmies stand, or of the countries to which
they belong is silent and of no effect between
;rm in the field. -
AZ. Slavery, Completing and confoundng
the id as OF properly that is Of a Thing and
Of personality, that is of humanity exists ac-
'ordiny 10 municipal or local law only. The
law OF nature and of nations has never ac-
knowledged it, The digest of the Roman law
enacts the early dictum of the Pagan jurist,
that so far as the law of nature is concerned.
all men are equal. Fugitives escaping from Il
country in which they were slaves, villains or
serfS, into another country. have for centuries
past been held free and acknowledged free by
the Judicial decisions OF European countries,
even though the municipal law of the country
in which the slave had taken refuge acknowl-
edged Slavery within its own dominions.
43. Therefore. in war between the United
States and a beligerent which admits of slavery.
Ii person held in bondage Ivy that beligerent
be captured by or come as fugitive under the
protection of the military forces of the United
States. such person is Immediately entitled to
the rights and privileges of freeman. To re-
turn such person into slavery, would amount
to enSlavlng free person; and neither the
United States, nor any officer under their au-
thori'y, can tnslave any free being. Moreover,
person so made free by the law of war is un-
der the shield of the law of nations and the for
mer owner or State can have, by the law of
post limine no belligerent lien or claim of SER
vice.
o.. so soon as a man is armed by q sovereign
Government and takes the soldiers oath of
fidelity he is a belligerent; his killing, wound
ing, or other Warlike acts are no individual
crimes or otienses. No bellgerent has right
to declare that enemies of certain class, color
or condition; when properly organized as sol
diers, will not be treated by him public enc
mics.
5S. The law OF nations knows OF no diStinc-
ton of color: and if an enemy of the United
States should enslave and sell any captured
persons of their army, it would be case fer
the severest retaliation, if not redressed upon
complaint. The United States cannot reIal-
ate by ensavement; therefore death must be
the retaliation for this crime against the law of
nations.