\^(rn * . LJOm ram l^mu rr,-. [House of Representatives, No. 16.] HOUSE, Sptember, 1862. Read first and second times, placed on Calendar and orderrd to be printed. [By Mr. Russell, from Judiciary Committee.] J^ BILL To be entitled An Act to repress atrocities of the enemy. 1 Whereas. The Northern States, now represented by 2 the Federal rxovernmeiit of the late Union, commenced o the present war of invasion to enforce an unfounded and 4 tyranical claim of dominion over States which had with- [) drawn from the Unio i ; and, pretending that these States 6 are in rebellion, have denied to them, from the beginning 7 of the war, the rights accorded to belligerents by the usages 8 of nations : and, after prosecuting this war without success 9 more than a year since this Grovernraent was recognized by 10 European nations as a belligerent Power, have continued. 11 under the same pretext, to inliict upon the good people 12 of these States inhuman mjuries. in contemptuous dis- 13 regard of the usages of civilized warfare, exacting from 14 them treasonable oaths and service, and, upon refusal, 15 subjecting unarmed citizens, women and children to eon- 16 fiscation, banishment, imprisonment and death ; wantonly 17 burning their dwelling-houses, ravaging the land, mur- 18 dering men for pretended or trivial offences ; making 19 rapine of private property a systematic object of the war ; 20 organizing the abduction of slaves by armies and agents 21 of Grovernment ; endeavoring to foment servile insurrec- 22 tion by tampering with slaves, by proclaiming schemes 23 for emancipating them, by passing laws to equalize the 24 races, by protecting slaves in resisting their masters and 25 by preparing armed bands of negroes to fight in the 26 presence of negro slaves for the subjugation of the white 27 race ; permitting outrages on women to be committed by 28 a licentious soldiery, encouraged in a memorable instance 29 by the order of a Major General and the acquiescence of 30 his Government ; attempting, until restrained by a threat 31 of retaliation, to murder privateersmen for engaging in a 32 mode of warfare expressly sanctioned by the Constitu- 33 tions of the United States and the Confederate States 34 and by the laws of nations ; refusing, with double inhu- 35 inanity, to exchange prisoners until constrained by the 36 long duration and adverse fortune of the war ; attempt- 37 ing to ruin our cities by filling up the entrances of their 38 harbors with stone and diverting the ancient channels of 39 great rivers ; cutting oft" our supplies of medicines, 40 needed as well for suffering women, children rnd captive 41 enemies as lor the sick of our armies ; and perpetrating 42 other atrocities which would be disgraceful to savages. 43 And whereas, the said Federal Government, in the 44 same spirit of barbarous ferocity, l.ias recently enacted a 45 law entitled *' An act to suppress insurrection, to punish 46 treason and rebellion, to seize and confiscate the property 47 of rebels, and for other purposes,'' and has thereby made 48 manifest that the vast war of invasion which it wages 49 with such lawless cruelty is waged with a view, by judi- 50 cial murders, banishments and otherwise, to exterminate 51 the loyal population of these States, to transfer their 52 property to their enemies and to emancipate their slaves, 53 employing slaves and other negroes for these purposes 4 54 witli an atrocious design of adding servile insurrection 65 and the massacre of families to the calamities of wai 36 And whereas, since the passage of said act, executive 57 and nnlitary orders have evinced a determined purpose B8 of the enemy to carry out the policy of n.pine and ex- 59 tei-mination with brutal and surprisnig severity. 60 And whereas, manifestly with the knowJCMlge and (.mi- 61 nivance of said Federal Government and for the purpos 62 of destroying the credit and circulation of the Treas 63 notes of this Government, immense amounts of si)uri()us 64 or counterfeit notes, purporting to be such Treasury 65 notes, have been fabricated and advertised for sale in the 66 enemy s country and have been brought into these States 67 and put in circulation by persons in the service of tlu^ ^S enemy. 69 And whereas, this Government has hitherto observed, 70 and yet desires to observe, with scrupulous fidelity, all 71 the obligations of a belligerant Power, accordmg to inter- 72 national laws and usages, although fairly absolved from 73 such obligation towards the enemy by the refusal of the 74 enemy to acknowledge or perform any reciprocal obliga- 75 tion unless constrained by necessity. c urv o 76 And whereas, justice and humanity require this Gov- 77 ernment to endeavor to repress the lawless and atrocious 78 practices of tlie enemy by inAicting severe retribution for 70 inhuman crimes. 80 A\)d whereas, it is d'.^emed proper to declare the views 81 ot this (Tovernment i*especting certain practices of the 82 enemy ; therefore • 1 Section 1. The (^()/iij^?\'ss of the Confederate States of 2 America do enact. That tlie ibllowing acts, when conimit- ted by the enemy, or any ])ers()n in the service of the 1 enemy, during the war, shall be deemed unlawful, to- 6 wit : . G 1. The ariest, detention or other molestation of any 7 loyal inhabitant of the Confederate States for refusing to 8 aid the enemy or to take an oath of allegiance to said 9 Federal government, or any government, or pretended 10 government adhering thereto, or for any cause or alleged 11 cause implying that said Federal government is entitled 12 to exercise political jurisdiction over the people of these 13 States, or for any other cause not sufficient according to 14 the laws and usages of war, between independent na- 15 tions. 6 16 11. Attempting to enforce the above recited act of 17 said Federal Congress. 18 HI. Circulating or bringing into the Confederate 19 States counterfeit notes, purporting to be Ireasurv notes 20 of this government. 21 lY. Taking, removing, consuming or destroying pri- 22 vate property on land not warranted l>y said laws and 2o usages of war. 24 Y. Employing negroes or mulattoes in military sei'- 25 vice against the Confederate States, or organizing, 26 arming or training them for that purpose. 27 Yl. Inciting slaves to rebel ; abducting them ; aiding 28 or inducing them to abscond ; harboring them with 29 intent to deprive the owners of their property therein, 30 or to give effect to any provision of said act of the Fed- 31 eral Congress. 32 YII. Obstructing the importation of medicines. 33 YIII. All other acts which are forbidden or condemned 34 by said laws and usages of war. 1 Sec. 2. For any of the acts hereinbefore declared to 2 be unlawful the President shall have authority to inflict 3 retaliation or retributive injuries upon the enemy at his 4 discretion, either bv iin])risoi}ing or putting to death cap- 5 lives taken in war, or adult male inhabitants of the ene- G mj's country, or by seizing or destroying public or pri- 7 vate property in the enemy's country, or in any other 8 manner which he may deem proper. 1 Sec. 3. Until the said act of the Federal Congress au- 2 thorizing the universal confiscation of property and libe- 3 ration of slaves of the loyal people throughout these 4 States be repealed, and the enemy shall consent to con- 5 duct hostilities according to said laws and usages of war, 6 it shall be lawful for the forces of the Confederate States, 7 unless forbidden by the President, to destroy any city or 8 town of the non-slaveholding States of the late Union. 9 giving proper notice and time for the inhabitants to with- 1 draw. t 1 Sec. 4. All slaves taken in arms against the Confede- 2 rate States shall be delivered to the authorities of tho 3 State or States in which they shall be so taken, to be 4 punished, or otherwise dealt Avith according to the laws 5 of such State or Staces. 1 Sec. 5. Every white person who shall act as a commis- 2 sioned or non-commissioned officer, commaiuling negroes 8 or mulattoes in iinns against the Coiiiodercite States, or 4 who shall arm, train, oro;anizo. or prepare negroes or 5 mukittoes for militar}' service against tlie Confe, FiVery commissioned officer of the enemy who 1) 2 shall arrest, detain or molest a loyal inhabitant of any of 5 the Confederate States in the manner hereinbefore de- 4 clared to be unlawful, or who shall cause the same to be 5 done, or shall permit the same to be done by any person 6 under his authority, shall, if captui'cd, be put to death 7 by hanging. 1 Sec. 10. Every commissioned officer of the enemy 2 who shall take, remove, consume or destroy private pro- 3 perty on land in the manner hereinbefore declared to be 4 unlawful, or shall cause the same to be done, or shall 5 permit the same to be done by any person under his 6 authority, shall, if captured, be put to death by hanging, 7 or suffer siich other punishment as a court martial shall 8 award. 1 Sec. 11. Every person in the service of or adhering to 2 the enemy who shall pass or offer to pass any such spu- o rious or counterfeit note or notes as aforesaid, or shall 4 sell or attempt to sell the same, or shall bring any such 5 note or notes into the Confederate States, or shall have 6 any such note or notes in his possession with intent to 7 pass or sell the samC; shall, if captured, be put to death 8 by hanging ; and every commissioned officer of the enemy 10 9 who shall pei'init any oft'enee mentioned in this section 10 to be committed by any person under his authority, shall 11 be put to death by hanging. 1 Sec. 12. Every person charged with an oflence pun- 2 ishable under this act shall be tried by a court martial in 8 such manner and under such regulations as the President 4. shall prescribe : and, after conviction, the President may i) conmiute the piuiishment to imprisonment in such man- Ci ner and for such time as he may deem proper, and may • 7 pardon the offender on such conditions as he may deem 8 proper or \m conditional. Hollinger Corp. pH8.5