Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-06-11
THE RETALIATORY CODE.


22d, 1862, and January lst, 1858, and the other
measures of the Government of the United States
and of its authorities, commanders and forces de-
signed or tending to emancipate slaves in the Con-
federate States or to abduct such slaves or to in
cite them to insurrection, to employ negroes in
the war against the Confederate States or to over
throw the institution of African slavery and bring
on servile war in those States, are inconsistent
with the spirit of those usages which in modern
warfare prevail among civilized nations, and may
therefore be properly and lawfully repressed by
retaliation" 1t was accordingly resolved that
Every white person, being commissioned officer
or acting such who, during the present war, shall
command negroes mulattoes in arms against the
Confederate States who shall tram, organize
prepare negroes muattoes for military service against
the Confederate States, who shall voluntarily aid
gross muattoes in any military enterprise attack,
conflict in such service shall be deemed melting serve
nsurrecton and SHALL If captured be put to DEATH be
otherwise punished at the discretion Of the court"
All persons charged with any offence punishable
under these regulations are to be tried before the
military court attached to the army corps by the
troops of which they 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
punishnaemt in such manner and on such terms as
he may deem proper"
Under the same prescriptions it is declared
Gall negroes and mulattoes who shall be engaged in
war be taken against the Confederate States
shall give aid or comfort to the enemies Of the Coniede
rate States sha when captured n the Confederate States
be delivered the authorities Of the State States 10
which they shall be captured TO be dealt with according
to the present future laws Of such State States
AS our Government has recently placed several
regiments Of negroes in the field, commanded by
white officers, it is obvious that these menaced
seventies of the nsurgent authorities must impose
on it the necessity of protecting from outrage all
men who have taken the military oath in the ser
vice of the United States for all such, without
gard to color, equally entitled to the protection
of the Government they serve and under whose
flag they fight This is principle Of law which
will be conceded equally by those who affirm and
those who question the expediency of employing
negro troops regular soldiers in the present war
Nor has the responsibility thus incurred by the
employment of negro troops in the Federal service
been overlooked by the President. On the Oath
of April last he caused certain instructions for
the government of the armies of the United States
in the field" prepared by Francis Lieber, LID,
and revised by board Of officers, to be published
for the information Of all concerned. Among these
instructions" are the following:
81 So soon as man is armed by sovereign Govern
ment and takes the soldiers oath Of fidelity he is bel
gerent his killing woundng other warke acts are no
individual crimes offences. No begerent has right
declare that enemies Of certain class color, cond
ton, when properly organized soldiers, will not be
treated by him as public enemies.
So The law of nations knows OF distinction OF color,
and il enemy OF the United States should enslave and
sell any captured Of their army it would be case
for the severest retaliation, IL not edressed upon
plant The United States cannot retalate by ensave-
men; therefore, death be the retaliation for this
crime against the law OF nations"
II will thus be seen that the President, by ap-
proving these declarations, has already met the
issue threatened to be made by the insurgent au-
thorities should these latter unfortunately proceed
to the extremitics indicated Whatever may be
their natural irritation at the species Of warfare
thus brought against them by the Government,
we are persuaded that they will not carry into
effect so much Of their resolved policy as denounces
the penalty Of death in punishment Of all white
officers, taken prisoners Of war, who are found in
command Of negro troops. And we think we see
in the provision that I" the President may commute
the punishment in such manner and on such terms
as he may deem proper" an intimation of the pru-
Dental considerations, to say nothing more, which
are likely to preserve the Confederate authorities
from such military wrong and injustice under the
laws of nations When they assume to declar,
the employment Of negro troops violation Of tn,
law Of nations they arraign not only the Govern
ment Of the United States, but Powers like Great
Britain and France, which are supposed to under
stand somewhat Of the rights and duties pertaining
to the international code. The Emperor of the
French this moment has Nubisn troops in Mexico
waging war by the side Of French soldiers. The
wisdom Of employing negro troops in the present
war is one thing; the duty Of giving them thu
protection Of the Government after they have beer
regularly enlisted in the service is quite another
and those who, for many reasons, may still enter
tain grave doubts on the former point can have nj
doubt as to the latter.
Humanity, indeed, must shudder at the pros
pect before us IL either party in this sad war shall
have recourse to the dread sanctions Of the retaa