In March, 1863, this same Confederate Congress enacted the following order to regulate the impressment of negroes for army purposes:

"SEC. 9.--Where slaves are impressed by the Confederate Government, to labor on fortifications, or other public works, the impressment shall be made by said Government according to the rules and regulations provided in the laws of the States wherein they are impressed; and, in the absence of such law, in accordance with such rules and regulations not inconsistent with the provisions of this act, as the Secretary of War shall from time to time prescribe; _Provided_, That no impressment of slaves shall be made, when they can be hired or procured by the owner or agent.

"SEC. 10.--That, previous to the 1st day of December next, no slave laboring on a farm or plantation, exclusively devoted to the production of grain and provisions, shall be taken for the public use, without the consent of the owner, except in case of urgent necessity."

Thus it is apparent that while the Confederate Government was holding aloft the black flag, even against the Northern Phalanx regiments composed of men who were never slaves, it was at the same time engaged in enrolling and conscripting slaves to work on fortifications and in trenches, in support of their rebellion against the United States, and at a period when negro troops were not accepted in the army of the United States.

Soon after the admission of negroes into the Union army, it was reported to Secretary Stanton that three negro soldiers, captured with the gunboat "Isaac Smith," on Stone river, were placed in close confinement, whereupon he ordered three confederate prisoners belonging to South Carolina to be placed in close confinement, and informed the Confederate Government of the action. The Richmond _Examiner_ becoming cognizant of this said:

"It is not merely the pretension of a regular Government affecting to deal with 'rebels,' but it is a deadly stab which they are aiming at our inst.i.tutions themselves; because they know that, if we were insane enough to yield this point, to treat black men as the equals of white, and insurgent slaves as equivalent to our brave white soldiers, the very foundation of slavery would be fatally wounded."

Several black soldiers were captured in an engagement before Charleston, and when it came to an exchange of prisoners, though an immediate exchange of all captured in the engagement had been agreed upon, the confederates would not exchange the negro troops. To this the President's attention was called, whereupon he issued the following order:

"EXECUTIVE MANSION, WASHINGTON, July 30th, 1863.

"It is the duty of every government to give protection to its citizens, of whatever color, cla.s.s, 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 offense 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 enslave or sell any one because of his color, the offense 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 war.

"ABRAHAM LINCOLN,

"By order of the Secretary of War.

"E. D. TOWNSEND, a.s.s't. Adjt.-General."

However, this order did not prevent the carrying out of the intentions of the confederate President and Congress.

The saddest and blackest chapter of the history of the war of the Rebellion, is that which relates to the treatment of Union prisoners in the rebel prison pens, at Macon, Ga., Belle Island, Castle Thunder, Pemberton, Libbey, at and near Richmond and Danville, Va., Cahawba, Ala., Salisbury, N. C., Tyler, Texas, Florida, Columbia, S. C., Millen and Andersonville, Ga. It is not the purpose to attempt a general description of these modern charnel houses, or to enter into a detailed statement of the treatment of the Union soldiers who were unfortunate enough to escape death upon the battle-field and then fall captive to the confederates. When we consider the fact that the white men who were engaged in the war upon both sides, belonged to one nation, and were Americans, many of whom had been educated at the same schools, and many--very many--of them members of the same religious denominations, and church; not a few springing from the same stock and loins, the atrocities committed by the confederates against the Union soldiers, while in their custody as prisoners of war, makes their deeds more shocking and inhuman than if the contestants had been of a different nationality.

[Ill.u.s.tration: TERRIBLE FIGHT WITH BLOODHOUNDS.

The 1st South Carolina Regiment was attacked by the Confederates with bloodhounds, at Pocaralago Bridge, Oct. 23rd, 1862. The hounds rushed fiercely upon the troops, who quickly shot or bayoneted them and exultingly held aloft the beasts that had been so long a terror to the negro race.]

The English soldiers who lashed the Sepoys to the mouths of their cannon, and then fired the pieces, thus cruelly murdering the captured rebels, offered the plea, in mitigation of their crime, and as an excuse for violating the rules of war, that their subjects were not of a civilized nation, and did not themselves adhere to the laws governing civilized nations at war with each other. But no such plea can be entered in the case of the confederates, who starved, shot and murdered 80,000 of their brethren in prison pens, white prisoners of war. If such treatment was meted to those of their own color and race, as is related by an investigating committee of Senators, what must have been the treatment of those of another race,--whom they had held in slavery, and whom they regarded the same as sheep and horses, to be bought and sold at will,--when captured in battle, fighting against them for the Union and their own freedom?

The report of the Congressional Committee furnishes ample proof of the barbarities:

38TH CONGRESS, } {REP. COM.

_1st Session._ } {_No. 68._

"IN THE SENATE OF THE UNITED STATES.

"_Report of the Joint Committee on the Conduct and Expenditures of the War._

"On the 4th inst., your committee received a communication of that date from the Secretary of War, enclosing the report of Colonel Hoffman, commissary general of prisoners, dated May 3, calling the attention of the committee to the condition of returned Union prisoners, with the request that the committee would immediately proceed to Annapolis and examine with their own eyes the condition of those who have been returned from rebel captivity. The committee resolved that they would comply with the request of the Secretary of War on the first opportunity. The 5th of May was devoted by the committee to concluding their labors upon the investigation of the Fort Pillow ma.s.sacre. On the 6th of May, however, the committee proceeded to Annapolis and Baltimore, and examined the condition of our returned soldiers, and took the testimony of several of them, together with the testimony of surgeons and other persons in attendance upon the hospitals. That testimony, with the communication of the Secretary of War, and the report of Colonel Hoffman, is herewith transmitted.

"The evidence proves, beyond all manner of doubt, a determination on the part of the rebel authorities, deliberately and persistently practiced for a long time past, to subject those of our soldiers who have been so unfortunate as to fall in their hands to a system of treatment which has resulted in reducing many of those who have survived and been permitted to return to us in a condition, both physically and mentally, which no language we can use can adequately describe. Though nearly all the patients now in the Naval Academy hospital at Annapolis, and in the West hospital, in Baltimore, have been under the kindest and most intelligent treatment for about three weeks past, and many of them for a greater length of time, still they present literally the appearance of living skeletons, many of them being nothing but skin and bone; some of them are maimed for life, having been frozen while exposed to the inclemency of the winter season on Belle Isle, being compelled to lie on the bare ground, without tents or blankets, some of them without overcoats or even coats, with but little fire to mitigate the severity of the winds and storms to which they were exposed.

"The testimony shows that the general practice of their captors was to rob them, as soon as they were taken prisoners, of all their money, valuables, blankets, and good clothing, for which they received nothing in exchange except, perhaps, some old worn-out rebel clothing hardly better than none at all. Upon their arrival at Richmond they have been confined, without blankets or other covering, in buildings without fire, or upon Belle Isle with, in many cases, no shelter, and in others with nothing but old discarded army tents, so injured by rents and holes as to present but little barrier to the wind and storms; on several occasions, the witnesses say, they have arisen in the morning from their resting-places upon the bare earth, and found several of their comrades frozen to death during the night, and that many others would have met the same fate had they not walked rapidly back and forth, during the hours which should have been devoted to sleep, for the purpose of retaining sufficient warmth to preserve life.

"In respect to the food furnished to our men by the rebel authorities, the testimony proves that the ration of each man was totally insufficient in quant.i.ty to preserve the health of a child, even had it been of proper quality, which it was not. It consisted usually, at the most, of two small pieces of corn-bread, made in many instances, as the witnesses state, of corn and cobs ground together, and badly prepared and cooked, of, at times, about two ounces of meat, usually of poor quality, and unfit to be eaten, and occasionally a few black worm-eaten beans, or something of that kind. Many of your men were compelled to sell to their guards, and others, for what price they could get, such clothing and blankets as they were permitted to receive of that forwarded for their use by our government, in order to obtain additional food sufficient to sustain life; thus, by endeavoring to avoid one privation reducing themselves to the same dest.i.tute condition in respect to clothing and covering that they were in before they received any from our government. When they became sick and diseased in consequence of this exposure and privation, and were admitted into the hospitals, their treatment was little if any, improved as to food, though they, doubtless, suffered less from exposure to cold than before. Their food still remained insufficient in quant.i.ty and altogether unfit in quality. Their diseases and wounds did not receive the treatment which the commonest dictates of humanity would have prompted. One witness, whom your committee examined, who had lost all the toes of one foot from being frozen while on Belle Isle, states that for days at a time his wounds were not dressed, and they had not been dressed for four days when he was taken from the hospital and carried on the flag-of-truce boat for Fortress Monroe.

"In reference to the condition to which our men were reduced by cold and hunger, your committee would call attention to the following extracts from the testimony. One witness testifies:

"'I had no blankets until our Government sent us some.

"'Question.--How did you sleep before you received those blankets?

"'Answer.--We used to get together just as close as we could, and sleep spoon-fashion, so that when one turned over we all had to turn over.'

"Another witness testifies:

"'Question.--Were you hungry all the time?

"'Answer.--Hungry! I could eat anything that came before us; some of the boys would get boxes from the North with meat of different kinds in them; and, after they had picked the meat off, they would throw the bones away into the spit-boxes, and we would pick the bones out of the spit-boxes and gnaw them over again.'

"In addition to this insufficient supply of food, clothing and shelter, our soldiers, while prisoners, have been subjected to the most cruel treatment from those placed over them. They have been abused and shamefully treated on almost every opportunity. Many have been mercilessly shot and killed when they failed to comply with all the demands of their jailors, sometimes for violating rules of which they had not been informed. Crowded in great numbers in buildings, they have been fired at and killed by the sentinels outside when they appeared at the windows for the purpose of obtaining a little fresh air. One man, whose comrade in the service, in battle and in captivity, had been so fortunate as to be among those released from further torments, was shot dead as he was waving with his hand a last adieu to his friend; and other instances of equally unprovoked murder are disclosed by the testimony.

"The condition of our returned soldiers as regards personal cleanliness, has been filthy almost beyond description.

Their clothes have been so dirty and so covered with vermin, that those who received them have been compelled to destroy their clothing and re-clothe them with new and clean raiment. Their bodies and heads have been so infested with vermin that, in some instances, repeated washings have failed to remove them; and those who have received them in charge have been compelled to cut all the hair from their heads, and make applications to destroy the vermin. Some have been received with no clothing but shirts and drawers and a piece of blanket or other outside covering, entirely dest.i.tute of coats, hats, shoes or stockings; and the bodies of those better supplied with clothing have been equally dirty and filthy with the others, many who have been sick and in the hospital having had no opportunity to wash their bodies for weeks and months before they were released from captivity.

"Your committee are unable to convey any adequate idea of the sad and deplorable condition of the men they saw in the hospitals they visited; and the testimony they have taken cannot convey to the reader the impressions which your committee there received. The persons we saw, as we were a.s.sured by those in charge of them, have greatly improved since they have been received in the hospitals. Yet they are now dying daily, one of them being in the very throes of death as your committee stood by his bed-side and witnessed the sad spectacle there presented. All those whom your committee examined stated that they have been thus reduced and emaciated entirely in consequence of the merciless treatment they received while prisoners from their enemies; and the physicians in charge of them, the men best fitted by their profession and experience to express an opinion upon the subject, all say that they have no doubt that the statements of their patients are entirely correct.

"It will be observed from the testimony, that all the witnesses who testify upon that point state that the treatment they received while confined at Columbia, South Carolina, Dalton, Georgia, and other places, was far more humane than that they received at Richmond, where the authorities of the so-called confederacy were congregated, and where the power existed, had the inclination not been wanting, to reform those abuses and secure to the prisoners they held some treatment that would bear a public comparison to that accorded by our authorities to the prisoners in our custody. Your committee, therefore, are constrained to say that they can hardly avoid the conclusion, expressed by so many of our released soldiers, that the inhuman practices herein referred to are the result of a determination on the part of the rebel authorities to reduce our soldiers in their power, by privation of food and clothing, and by exposure, to such a condition that those who may survive shall never recover so as to be able to render any effective service in the field. And your committee accordingly ask that this report, with the accompanying testimony be printed with the report and testimony [which was accordingly done]

in relation to the ma.s.sacre of Fort Pillow, the one being, in their opinion, no less than the other, the result of a predetermined policy. As regards the a.s.sertions of some of the rebel newspapers, that our prisoners have received at their hands the same treatment that their own soldiers in the field have received, they are evidently but the most glaring and unblushing falsehoods. No one can for a moment be deceived by such statements, who will reflect that our soldiers, who, when taken prisoners, have been stout, healthy men, in the prime and vigor of life, yet have died by hundreds under the treatment they have received, although required to perform no duties of the camp or the march; while the rebel soldiers are able to make long and rapid marches, and to offer a stubborn resistance in the field.

"Your committee, finding it impossible to describe in words the deplorable condition of these returned prisoners, have caused photographs to be taken of a number of them, and a fair sample to be lithographed and appended to their report, that their exact condition may be known by all who examine it. Some of them have since died.

"There is one feature connected with this investigation, to which your committee can refer with pride and satisfaction; and that is the uncomplaining fort.i.tude, the undiminished patriotism exhibited by our brave men under all their privations, even in the hour of death.

"Your committee will close their report by quoting the tribute paid these men by the chaplin of the hospital at Annapolis, who has ministered to so many of them in their last moments; who has smoothed their pa.s.sage to the grave by his kindness and attention, and who has performed the last sad offices over their lifeless remains. He says:

"'There is another thing I would wish to state. All the men, without any exception among the thousands that have come to this hospital, have never in a single instance expressed a regret (notwithstanding the privations and sufferings they have endured) that they entered their country's service.

They have been the most loyal, devoted and earnest men. Even on the last days of their lives they have said that all they hoped for was just to live and enter the ranks again and meet their foes. It is a most glorious record in reference to the devotion of our men to their country. I do not think their patriotism has ever been equalled in the history of the world.'

"All of which is respectfully submitted.

"B. F. WADE, _Chairman._"

Also the following:

"OFFICE OF COMMISSARY-GENERAL OF PRISONERS, WASHINGTON, D. C., May 3, 1864.

"SIR:--I have the honor to report that, pursuant to your instructions of the 2nd instant, I proceeded, yesterday morning, to Annapolis, with a view to see that the paroled prisoners about to arrive there from Richmond were properly received and cared for.

"The flag-of-truce boat 'New York,' under the charge of Major Mulford, with thirty-two officers, three hundred and sixty-three enlisted men, and one citizen on board, reached the wharf at the Naval School hospital about ten o'clock. On going on board, I found the officers generally in good health, and much cheered by their happy release from the rebel prisons, and by the prospect of again being with their friends.

"The enlisted men who had endured so many privations at Belle Isle and other places were, with few exceptions, in a very sad plight, mentally and physically, having for months been exposed to all the changes of the weather, with no other protection than a very insufficient supply of worthless tents, and with an allowance of food scarcely sufficient to prevent starvation, even if of wholesome quality; but as it was made of coa.r.s.ely-ground corn, including the husks, and probably at times the cobs, if it did not kill by starvation, it was sure to do it by the disease it created. Some of these poor fellows were wasted to mere skeletons, and had scarcely life enough remaining to appreciate that they were now in the hands of their friends, and among them all there were few who had not become too much broken down and dispirited by their many privations to be able to realize the happy prospect of relief from their sufferings which was before them. With rare exception, every face was sad with care and hunger; there was no brightening of the countenance or lighting up of the eye, to indicate a thought of anything beyond a painful sense of prostration of mind and body. Many faces showed that there was scarcely a ray of intelligence left.

"Every preparation had been made for their reception in antic.i.p.ation of the arrival of the steamer, and immediately upon her being made fast to the wharf the paroled men were landed and taken immediately to the hospital, where, after receiving a warm bath, they were furnished with a suitable supply of new clothing, and received all those other attentions which their sad condition demanded. Of the whole number, there are perhaps fifty to one hundred who, in a week or ten days, will be in a convalescent state, but the others will very slowly regain their lost health.