NAYS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Samuel S. Blair, Blake, Buffinton, Campbell, Colfax, Roscoe Conkling, Cutler, Davis, Dawes, Duell, Dunn, Edwards, Ely, Fenton, Fessenden, Frank, Goodwin, Granger, Haight, Hale, Hanchett, Hooper, Julian, Kelley, Francis W. Kellogg, William Kellogg, Leary, Loomis, Lovejoy, Low, McKnight, McPherson, Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Timothy G. Phelps, Pike, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedg wick, Shanks, Shellabarger, Sherman, Smith, Spaulding, Stevens, Stratton, Benjamin F. Thomas, Train, Trimble, Trowbridge, Van Horn, Verree, Wall, Wallace, Walton, Ward, Wilson, Windom, Worcester-77.

The bill then passed.

PREVIOUS PROCEEDINGS ON THIS SUBJECT.

Third Session, Thirty-Seventh Congress. IN HOUSE.

1863, January 27-Mr. STEVENS offered a bill for the enlistment of 150,000 soldiers, persons of color or of African descent, to serve for five years, and to receive a bounty of $5, and pay at the rate of $10 per month, recruiting stations to be established in free or slave States, regimental officers to be white, company officers white or colored as the President may direct. Slaves and freemen may be enlisted; such persons shall never again be slaves, but the United States shall pay for such of them as belong to persons not disloyal.

Mr. HICKMAN offered a substitute authorizing the organization of three hundred colored regi: ments to be uniformed in a special and marked manner, to serve for seven years, at a monthly pay of $6 50, one half to be retained till discharged their officers to be of collegiate education and receive twice the pay of other officers. The bill contained a colonization feature, and appropriated the proceeds of confiscation to be applied to educational purposes in the States in which the property confiscated, lies. The bill was repeatedly before the House, was severely "filibustered," and was finally modified by Mr. STEVENS to read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to enroll, arm, equip, and receive into the land and naval service of the United States, such number of volunteers of African descent as he may deem useful to suppress the present rebellion, for such term of service as he may prescribe, not exceeding five years. The said volunteers to be organized according to the regulations of the branch of service in which they may be enlisted, to receive the same rations, clothing, and equipments as other volunteers, and a monthly pay not to exceed that of other volunteers; to be officered by persons appointed and commissioned by the President, and to be governed by the rules and articles of war and such other rules and regulations as may be prescribed by the President: Provided, That nothing herein contained, or in the rules and articles of war, shall be so construed as to authorize or permit any officer of African descent to be pointed to rank, or to exercise military or naval authority over white officers, soldiers, or men in the military or naval service of the United States; nor shall any greater pay than ten dollars per month, with the usual allowance of clothing and rations, be allowed or paid to privates or laborers of African descent which are, or may be, in the military or naval service of the United States: Provided further, That the slaves of loyal citizens in the States exempt by the President's proclamation of January 1, 1863, shall not be received into the armed service of the United States, nor shall there be recruiting offices opened in either of the States of Delaware, Maryland, West Virginia, Kentucky, Tennessee, or Missouri, without the consent of the Governor of said State having been first obtained.

ap

February 2-It passed the House-yeas 85, nays 57. The NAYS were

NATS-Messrs. William Allen, William J. Allen, Ancona,

Cravens, Crisfield, Crittenden, Delaplaine, Granger, Grider, Haight, Hale, Hall, Harding, Harrison, Holman, Horton, Johnson, William Kellogg, Kerrigan, Law, Lazear, Leary, Mallory, May, Maynard, Menzies, Morris, Noble, Norton, Odell, Pendleton, Perry, Price, Robinson, James & Rollins, Shiel, Stiles, Benjamin F. Thomas, Francis Thomas, Valicedigham, Vibbard, Wadsworth, Webster, Whaley, Chalin A. White, Wickliffe, Wood, Woodruff, Wright, Yeaman 57. February 13-The Senate Committee reported adversely to its passage.

IN SENATE.

Pending the engineer bill,

March 2-Mr. DAVIS offered this new section: That no negro, free or slave, shall be enrolled in the milltary, marine, or naval service of the United States.

Which was not agreed to-yeas 12, nays 23, as follows:

mith, Powell, Richardson, Saulsbury, Turpie, Wall, Willey, YEAS-Messrs. Davis, Henderson, Hicks, Kennedy, Ne Wilson of Missouri-12.

NAYS-Messrs. Chandler, Clark, Collamer, Cowan, DooHarris, Howard, Howe, Lane of Indiana, Lane of Kansss, little, Fessenden, Foot, Foster, Grimes, Harding, Harlan, Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Wilkisson, Wilson of Massachusetts—23.

Mr. POWELL offered to amend the eighth section by adding this proviso:

Provided, That no person of African descent shall be commissioned or hold an office in the army of the United

States.

Which was agreed to-yeas 18, nays 17, as follows:

Howe, Kennedy, Lane of Indiana, Nesmith, Powell, Exch YEAS-Cowan, Davis, Harding, Harris, Henderson, Hicks ardson, Saulsbury, Ten Eyck, Turpie, Wall, Willey, Was of Missouri-18.

NAYS-Messrs. Chandler, Clark, Doolittle, Fessenden,

Foot, Foster, Grimes, Harlan, Howard, King, Lane of KanMorrill, Pomeroy, Sumner, Trumbull, Wilkinson, WIson of Massachusetts-17.

Mr. LANE, of Kansas, moved to add to the above proviso the following words :

Except company officers in companies composed exclssively of persons of African descent.

Which was agreed to-yeas 19, nays 17, as follows:

YEAS-Messrs. Chandler, Clark, Collamer, Doolittle, Fe senden, Foot, Foster, Grimes, Harlan, Howe, King, Laze of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wilkinson, Wilmot, Wilson of Massachusetts-19.

NAYS Messrs. Cowan, Davis, Harding, Harris, Hender son, Hicks, Howard, Lane of Indiana, Nesmith, Poweli, Richardson, Saulsbury, Sherman, Ten Eyck, Wall, Willey, Wilson of Missouri-17.

without a division. The eighth section was then stricken out

PAY OF COLORED SOLDIERS. First Session, Thirty-Eighth Congress. IN SENATE.

1864, February 23-The Senate considered the joint resolution to equalize the pay of sol

diers.

Mr. Cowan moved to strike out all after the enacting clause, and insert:

That from and after the passage of this joint resolution the soldiers of the United States of America, of the same grade and service, shall be entitled to the same pay, ratives, and pensions.

Mr. DAVIS moved to insert the following as a substitute:

All negroes and mulattoes, by whatever term designated, in the military service of the United States, be, and the same are hereby declared to be, discharged from such ser

vice, and shall be disarmed as soon as practicable; bet the

President of the United States may retain such of said me groes and mulattoes as he shall deem proper in the military service as teamsters and laborers; and the commandants of

the respective regiments to which said slaves may be attached shall issue to their owner or owners a certificate of their employment in the service of the Government.

That every loyal owner of any slave that has been heretofore, or that may hereafter be taken into the service, or for the use of the United States, shall be entitled to a fair and reasonable compensation for the service of such slave for the time such slave may have been, or may be, in such service, to be paid quarterly; and where any slave may have been killed or died from exposure, or may have been disabled in such service, the owner or owners of all such slave or slaves shall be entitled to such compensation as will reasonably satisfy them for all damages that he, she, or they may have sustained by reason of the death or disability of any such slave or slaves. And where any such slave or slaves may become a fugitive, and be not returned to the owner, the United States shall pay to such owner or owners the reasonable value of the service of said slave or slaves.

That the owner or owners of any slave, entitled to pay and compensation, as hereinbefore provided for, may make out his, her, or their account therefor against the United States, and upon filing the same at the Treasury Department, sustained by vouchers and proofs as are required ordinarily to support accounts against the United States, the same shall be audited and paid by the proper officers out of any money in the Treasury not otherwise appropriated.

Which was disagreed to-yeas 7, nays 30, as follows:

YEAS-Messrs. Buckalew, Carlile, Davis, Powell, Riddle, Saulsbury, Wright-7.

NAYS-Messrs. Chandler, Clark, Collamer, Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harding, Harlan, Harris, Henderson, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Ramsey, Sherman, Sumner, Ten Eyck, Van Winkle, Wade, Willey, Wilson-30.

February 25-Mr. COLLAMER moved to amend by adding to the resolution the following:

All persons enlisted or mustered into service as volunteers under the call dated October 17, 1863, for three hundred thousand volunteers, who were at the time of enlistment actually, and for six months previous had been, resident inhabitants of the State in which they volunteered, shall receive from the United States the same amount of bounty without regard to color: Provided, however, That the foregoing provision shall not extend to any State which the President by proclamation has declared in a state of insur

rection.

Mr. SUMNER moved to amend the amendment by adding the words:

And provided also, That all persons whose papers of enlistment show that they were enlisted under the act of Congress of July, 1861, shall receive from the time of their enlistment the pay promised by that statute.

Which was disagreed to-yeas 6, nays 31, as follows:

YEAS-Messrs. Davis, Johnson, Nesmith, Powell, Riddle, Wright-6.

NAYS-Messrs. Anthony, Brown, Buckalew, Chandler, Clark, Collamer, Conness, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harding, Harlan, Harris, Howard, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sumner, Ten Eyck, Van Winkle, Wade, Wilkinson, Willey, Wilson-31.

Mr. DAVIS offered an additional section:

That in every case where heretofore any person has agreed to join, and has in fact joined, or hereafter may join, the military service of the United States, and has been received into the said service by any military officer thereof the person so joining and received into such service shall, for all purposes whatever, be deemed to have been regularly mustered into said service in the position of officer, non-commissioned officer, or private, in which he may have served, notwithstanding he may not have been mustered in according to law and the regulations of the War Department.

Which was lost-yeas 7, nays 29, as follows:

YEAS-Messrs. Davis, Hendricks, Johnson, Nesmith, Powell, Wade, Wright-7.

NAYS-Messrs. Anthony, Brown, Buckalew, Chandler, Clark, Collamer, Conness, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harding, Harlan, Harris, Howard, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sumner, Ten Eyck, Van Winkle, Willey, Wilson-29.

The bill then passed-yeas 31, nays 6, as follows:

YEAS-Messrs. Anthony, Brown, Chandler, Clark, Conness, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harlan, Harris, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Pomeroy, Ramsey, Sherman, Sumner, Ten Eyck, Van Winkle, Wade, Willey, Wilson-31.

NAYS-Messrs. Buckalew, Davis, Hendricks, Powell, Riddle, Wright-6.

IN HOUSE.

follows:

YEAS-Messrs. Clark, Collamer, Conness, Dixon, Doolittle, Foot, Foster, Hale, Harding, Howard, Lane of Kansas, Morgan, Morrill, Pomeroy, Sprague, Sumner, Ten Eyck, Van Winkle, Wilson-19.

NAYS-Messrs. Buckalew, Chandler, Davis, Grimes, Harlan, Harris, Henderson, Hendricks, Howe, Johnson, Lane of Indiana, Nesmith, Powell, Ramsey, Saulsbury, Wilkinson, Willey, Wright-18.

Feb. 29-The bill was recommitted to the Committee on Military Affairs, and again reported amended.

ments, other than bounty, as other soldiers of the regular or volunteer forces of the United States of like arm of the

service, from and after the 1st day of January, 1864, and that every person of color who shall hereafter be mustered into the service shall receive such sums in bounty as the President shall order in the different States and parts of the United States, not exceeding one hundred dollars.

That all persons enlisted and mustered into service as volunteers under the call dated October 17, 1864, for 300,000 volunteers, who were at the time of enlistment actually enrolled and subject to draft in the State in which they volunteered, shall receive from the United States the same amount of bounty, without regard to color.

That all persons of color, who have been enlisted and mustered into the service of the United States shall be entitled to receive the pay and clothing allowed by law to other volunteers in the service from the date of their muster into the service: Provided, That the same shall have been pledged or promised to them by any officer or person who, in making such pledge or promise, acted by authority of the War Department; and the Secretary of War is hereby authorized to determine any question of fact arising under this provision.

Which were agreed to-yeas 31, nays 5, as follows:

YEAS-Messrs. Anthony, Brown, Clark, Collamer, Conness,

Cowan, Dixon, Doolittle, Fessenden, Foster, Grimes, Hale, Harding, Henderson, Howard, Howe, Johnson, Lane of Indiana, McDougall, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Willey, Wilson-31.

NAYS-Messrs. Buckalew, Davis, Hendricks, Powell, Saulsbury-5.

Mr. DAVIS moved to add these words as a new section:

That when the existing insurrection and rebellion shall have been suppressed, and the authority and laws of the United States shall have been re-established in the States where the people are in rebellion, all negroes then in the military service of the United States shall thereupon be discharged from such service.

Which was disagreed to-yeas 10, (Messrs. Buckalew, Carlile, Cowan, Davis, Henderson, Hendricks, Johnson, McDougall, Powell, Saulsbury,) nays 27.

Mr. HENDRICKS offered a new section:

That the pay of the soldiers and non-commissioned officers of the army of the United States shall hereafter be fifty per cent. greater than is now allowed by law: Provided,

That the pay of non-commissioned officers shall not exceed

twenty-two dollars per month.

Which was disagreed to-yeas 6, nays 30, as follows:

YEAS-Messrs. Buckalew, Carlile, Davis, Hendricks, Lane of Indiana, Powell-6.

NAYS-Messrs. Anthony, Brown, Chandler, Clark, Collamer, Conness, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harding, Henderson, Howard, Howe, Me Dougall, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sumner, Ten Eyck, Trumbull, Wilkinson, Willey, Wilson -30.

The army appropriation bill was then passed -yeas 36, nay 1, (Mr. Powell.)

IN HOUSE.

April 30-The House Committee on Military Affairs proposed to amend by substituting a bill, making these changes. May 1st was fixed as the date of increased pay; the bounty to be given to those colored soldiers enlisted under the call of Oct. 17, 1863, is limited to $100; and these two sections are substituted for the Senate's last two:

That in every case where it shall be made to appear to the satisfaction of the Secretary of War, that any regiment, or any battery, or any company of cavalry, of colored troops, has been enlisted and mustered into the service of the United States, under any authorized assurance given by any officer or agent of the United States, or by any Governor of any State, authorized thereto by the President or the Secretary of War, that the non-commissioned offcers and privates of such regiment, battery, or company, should be paid the same as other troops of the same arm of the service, then they shall be so paid for the period of time counting from the date of their being respectively mustered into the service to the 1st day of May, A.D. 1864. That there may be reserved at the discretion of the Secretary of War, and under such regulation as he may prescribe, a portion of the pay of any colored soldier, not exceeding in any case more than one-third thereof, to be applied to the support of the family of such soldier, or of other near relatives dependent on him for support.

Mr. HOLMAN moved to strike from the section the word "pay," which was lost-yeas 53, nays 85.

A division of the question was called; the first amendment of the House was disagreed to; and that of the Senate-being the first paragraph of bill passed, April 22, above-was agreed to-yeas 80, nays 51, as follows:

ley, Francis W. Kellogg, Orlando Kellogg, Loan, Longyear, Marvin, McBride, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Odell, Charles O'Neill, Orth, Patterson, Perham, Pomeroy, Price, Alexander H. Rice, John H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, Spalding, Stevens, Thayer, Upson, Ellihu B. Washburne, William B. Washburn, Williams, Wilder, Wilson, Windom-80.

NAYS-Messrs. James C. Allen, Ancona, Brooks, William G. Brown, Chanler, Clay, Cor, Dawson, Denison, Edlen, Eldridge, Finck, Grider, Hall, Harding, Harrington, Charles M. Harris, Herrick, Holman, Kernan, King, Knapp, Law, Lazear, Le Blond, Long, Marcy, Mc Dowell, Mc Kinney, William H. Miller, James R. Morris, Morrison, Noble, John O'Neill, Perry, Samuel J. Randall, Robinson, James & Rollins, Ross, Scott, Smith, John B. Steele, Stiles, Stromse, Voorhees, Whaley, Wheeler, Chilton A. White, Joseph W. White, Fernando Wood, Yeaman-51.

The second amendment of the Committee (with regard to bounty) was agreed to, and the Senate amendment, as amended, was agreed to-yeas 79, nays 52.

The third and fourth House amendments were

disagreed to. The following amendment was then adopted as a substitute for the third proposition of the Senate:

That all free persons of color who have been or may be mustered into the military service of the United States shall from the date of their enlistment receive the same uniform, clothing, arms, equipments, camp equipage, rstions, medical and hospital attendance, pay and emoluments, and bounty, as other soldiers of the regular or volunteer forces of the United States of like arm of the service. Yeas 73, nays 55. The NAYS were

Messrs. James C. Allen, Ancona, Anderson, Augustus C.

Baldwin, Jacob B. Blair, Brooks, William G. Brown, Chenler Clay, Cox, Cravens, Dawson, Eden, Eldridge, Finck, Ganson, Grider, Griswold, Hall, Harding, Harrington, Benjamin G. Harris, Charles M. Harris, Herrick, Holman, Philip Johnson, Kernan, King, Knapp, Law, Le Blond, Long, Marcy, William H. Miller, James R. Morris, Morrison, Noble, John O'Neill, Perry, Radford, Robinson, James S. Rollins, Ross, Scott, Smith, John B. Steele, Stiles, Strouse, Voorhees, Wha ley, Wheeler, Chilton A. White, Joseph W. White, Fernando

Wood, Yeaman-55.

The fourth amendment of the Senate was non-concurred in, being in another bill.

May 3-The Senate insisted on its amendments, and appointed a Committee of Conference, which,

May 25-Reported, and recommended the adoption of this section as a substitute for those adopted by the two Houses:

That in every case where it shall be made to appear to the satisfaction of the Secretary of War that any regiment of infantry, or any battery, or any company of cavalry, of colored troops has been enlisted and mustered into the ser vice of the United States, under any authorized assurancs given by any officer or agent of the United States, or by any Governor of any State authorized thereto by the Pres ident or the Secretary of War, the non-commissioned offcers and privates of such regiment, battery, or company shall be paid the same as other troops of the same arm of the service, then they shall be so paid for the period of time counting from the date of their being respectively mustered into the service to the 1st day of January, 1864: Provided, however, That this section shall not be construed to prevent like payment to other colored troops from the time of their being mustered into the service, if such shall be held by the proper authority to be their right under the law.

Which was rejected-yeas 25, nays 121. The YEAS were:

Clark, Thomas T. Davis, Farnsworth, Garfield, Griseld, Messrs. Baily, Boyd, William G. Brown, Ambrose W. Hooper, Kasson, Schenck, Shannon, Smith, Smithers, Thomas, Tracy, Whaley, Woodbridge-25.

That all persons of color who were free on the 19th day of

military establishment, declares that one chaplain shall be allowed to each regiment of the army, to be selected and appointed as the President may direct, provided that none but regularly ordained ministers of some Christian denomination shall be eligible to selection or appointment. The eighth section of the act of 17th July, 1862, chapter 200, declares that the two sections last cited shall be construed to read as follows:

"That no person shall be appointed a chaplain in the United States army who is not a regular ordained minister of some religious denomination, and who does not present testimonials of his present good standing as such minister, with a recommendation for his appointment as an army chaplain from some authorized ecclesiastical body, or not less than five accredited ministers belonging to said religious

denomination."

The closest inspection of these provisions will discover nothing that precludes the appointment of a Christian minister to the office of chaplain because he is a person of African descent. I therefore conclude that Mr. Harrison

was the lawfully appointed and qualified chaplain of the 54th Massachusetts regiment.

The ninth section of the act of the 17th July, 1862, chapter 200, provides that thereafter, the compensation of all chaplains in the regular or volunteer service or army hospitals shall be one hundred dollars per month and two rations a day when on duty. Was Mr. Harrison entitled to

this rate of compensation, or was he limited to the pay of ten dollars a month and one ration, fixed by the proviso to the fifteenth section of the act of 17th July, 1862, chap

ter 201?

It will be observed that this proviso declares that ten dollars a month and one ration shall be received by persons of African descent employed under the law of which it is a part, viz., the act of 17th July, 1862, chapter 201. Now, we have seen that it is not necessary to resort to that law to find authority for the appointment of Mr. Harrison as chaplain, for, apart from the authority which might be presumed to exist prior to the enactment of any of these statutes, the eleventh section of the act of 17th July, 1862, chapter 195, sufficiently warranted it. To bring him, then, within the sweep of this proviso, and thus withdraw him from the reach of the act which specifically fixes the pay of the class of officers to which by clear law he belongs, would violate the plainest principles of construction. The act, of which the proviso is a part, was not intended, in my opinion, either to authorize the employment or fix the pay of any persons of African descent, except those who might be needed to perform the humble offices of labor and service for which they might be found competent. The twelfth section authorizes them to be received into service for the purpose of constructing entrenchments, or performing camp service, or any other labor, or any military or naval service for which they might be found competent. The thirteenth section declares that when any man or boy of African descent, who, by the laws of any State, shall owe service or labor to any person aiding the rebellion, shall render such service as this act provides for, he, his mother, wife and children shall be free thereafter, with certain exceptions. And the fifteenth section fixes their pay as before stated. While it is true that the words of the twelfth section are broad enough to embrace all persons of African descent who may be received into the military or naval service of the United States, it is yet quite evident from the terms of the whole section, as well as from the promise of freedom held out to such persons who were slaves, in the thirteenth section, that in limiting their pay to ten dollars a month and one ration, Congress had in view the class who were fitted only for the humbler kinds of service referred to, and not persons who, under the authority of other laws, might be appointed to positions requiring higher qualifications, and entitled to a higher rate of pay. To assume that because Mr. Harrison is a person of African descent he shall draw only the pay which this law establishes for the class it obviously refers to, and be deprived of the pay which another law specifically affixes to the office he lawfully held, would be, in my opinion, a distortion of both laws, not only unjust to him, but in plain violation of the purpose of Congress.

I therefore think that the paymaster should have paid Mr. Harrison his full pay as chaplain of a volunteer regi

ment.

Your attention having been specially called to the wrong done in this case, I am also of opinion that your constitutional obligation to take care that the laws be faithfully executed makes it your duty to direct the Secretary of War to inform the officers of the pay department of the army that such is your view of the law, and I do not doubt that it will be accepted by them as furnishing the correct rule for their action.

I am, sir, very respectfully, your obedient servant, EDWARD BATES, Attorney General.

The PRESIDENT.

PROTECTION OF COLORED SOLDIERS.
THE PRESIDENT'S ORDER.

[General Orders No. 252.]

WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, WASHINGTON, July 31, 1863. The following order of the President is published for the information and government of all concerned : 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 offence 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 offence 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 one enslaved by the enemy, or sold into slavery, a rebel soldier shall be placed at hard labor on public works, and continued at such labor until the other shall be released and receive the treatment due to a prisoner of ABRAHAM LINCOLN.

war.

By order of Secretary of War.

E. D. TOWNSEND, Assistant Adjutant General FROM THE RULES OF WAR ADOPTED BY THE GOVERNMENT.

57. So soon as a man is armed by a sovereign Government, and takes the soldier's oath of fidelity, he is a belligerent; his killing, wounding, or other warlike acts are no individual crimes or offences. No belligerent has a right to declare that enemies of a certain class, color, or condition, when properly organized as soldiers, will not be treated by him as public enemies.

58. The law of nations knows of no distinction of color, and if an enemy of the United States should enslave and sell any captured persons of their army, it would be a case for the severest retaliation, if not redressed upon complaint. The United States cannot retaliate by enslavement; there fore death must be the retaliation for this crime against the law of nations.

THE PRESIDENT'S SPEECH AT THE BALTIMORE FAIR, APRIL 18, 1864.

LADIES AND GENTLEMEN: Calling it to mind that we are in Baltimore, we cannot fail to note that the world moves. [Applause.] Looking upon the many people I see assem bled here to serve as they best may the soldiers of the Union, it occurs to me that three years ago those soldiers could not pass through Baltimore. I would say, blessings upon the men who have wrought these changes, and the ladies who have assisted them. [Applause.] This change which has taken place in Baltimore is part only of a far wider change that is taking place all over the country.

When the war commenced three years ago, no one expected that it would last this long, and no one supposed that the institution of slavery would be materially affected by it. But here we are. [Applause.] The war is not yet ended, and slavery has been very materially affected or interfered with. [Loud applause.] So true is it that man proposes and God disposes.

The world is in want of a good definition of the word liberty. We all declare ourselves to be for liberty, but we do not all mean the same thing. Some mean that a man