So again, on Sunday the 6th of June following, at Milliken's Bend, where an African brigade, with 160 men of the 23rd Iowa, although surprised in camp by a largely superior force of the Enemy, repulsed him gallantly—of which action General Grant, in his official Report, said: "In this battle, most of the troops engaged were Africans, who had but little experience in the use of fire-arms. Their conduct is said, however, to have been most gallant."
So, also, in the bloody assault of July 18th, on Fort Wagner, which was led by the 54th Massachusetts (Colored) Regiment with intrepidity, and where they planted, and for some time maintained, their Country's flag on the parapet, until they "melted away before the Enemy's fire, their bodies falling down the slope and into the ditch."
And from that time on, through the War—at Wilson's Wharf, in the many bloody charges at Petersburg, at Deep Bottom, at Chapin's Farm, Fair Oaks, and numerous other battle-fields, in Virginia and elsewhere, right down to Appomattox—the African soldier fought courageously, fully vindicating the War-wisdom of Abraham Lincoln in emancipating and arming the Race.
The promulgation of this New Year's Proclamation of Freedom unquestionably had a wonderful effect in various ways, upon the outcome of the War.
It cleared away the cobwebs which the arguments of the loyal Border-State men, and of the Northern Copperheads and other Disunion and Pro-Slavery allies of the Rebels were forever weaving for the discouragement, perplexity and ensnarement, of the thoroughly loyal out-and-out Union men of the Land. It largely increased our strength in fighting material. It brought to us the moral support of the World, with the active sympathy of philanthropy's various forces. And besides, it correspondingly weakened the Rebels. Every man thus freed from his Bondage, and mustered into the Union Armies, was not only a gain of one man on the Union side, but a loss of one man to the Enemy. It is not, therefore, surprising that the Disunion Conspirators—whether at the South or at the North—were furious.
The Chief Conspirator, Jefferson Davis, had already, (December 23, 1862,) issued a proclamation of outlawry against General B. F. Butler, for arming certain Slaves that had become Free upon entering his lines—the two last clauses of which provided: "That all Negro Slaves captured in arms, be at once delivered over to the Executive authorities of the respective States to which they belong, to be dealt with according to the laws of said States," and "That the like orders be executed in all cases with respect to all commissioned Officers of the United States, when found serving in company with said Slaves in insurrection against the authorities of the different States of this Confederacy."
He now called the attention of the Rebel Congress to President Lincoln's two Proclamations of Emancipation, early in January of 1863; and that Body responded by adopting, on the 1st of May of that year, a Resolution, the character of which was so cold-bloodedly atrocious, that modern Civilization might well wonder and Christianity shudder at its purport.
[It was in these words:
"Resolved, by the Congress of the Confederate States of America, In response to the Message of the President, transmitted to Congress at the commencement of the present session, That, in the opinion of Congress, the commissioned officers of the Enemy ought not to be delivered to the authorities of the respective States, as suggested in the said Message, but all captives taken by the Confederate forces ought to be dealt with and disposed of by the Confederate Government.
"SEC. 2.—That, in the judgment of Congress, the proclamations of the President of the United States, dated respectively September 22, 1862, and January 1, 1863, and the other measures of the Government of the United States and of its authorities, commanders, and forces, designed or tending to emancipate slaves in the Confederate States, or to abduct such slaves, or to incite them to insurrection, or to employ negroes in war against the Confederate States, or to overthrow the institution of African Slavery, and bring on a servile war in these States, would, if successful, produce atrocious consequences, and they are inconsistent with the spirit of those usages which, in modern warfare, prevail among civilized nations; they may, therefore, be properly and lawfully repressed by retaliation.
"SEC. 3.—That in every case wherein, during the present war, any violation of the laws or usages of war among civilized nations shall be, or has been, done and perpetrated by those acting under authority of the Government of the United States, on persons or property of citizens of the Confederate States, or of those under the protection or in the land or naval service of the Confederate States, or of any State of the Confederacy, the President of the Confederate States is hereby authorized to cause full and ample retaliation to be made for every such violation, in such manner and to such extent as he may think proper.
"SEC. 4.—That every white person, being a commissioned officer, or acting as such, who, during the present war, shall command negroes or mulattoes in arms against the Confederate States, or who shall arm, train, organize, or prepare negroes or mulattoes for military service against the Confederate States, or who shall voluntarily aid negroes or mulattoes in any military enterprise, attack, or conflict in such service, shall be deemed as inciting servile insurrection, and shall, if captured, be put to death, or be otherwise punished at the discretion of the Court.
"SEC. 5.—Every person, being a commissioned officer, or acting as such in the service of the Enemy, who shall, during the present war, excite, attempt to excite, or cause to be excited, a servile insurrection, or who shall incite, or cause to be incited, a slave to rebel, shall, if captured, be put to death, or be otherwise punished at the discretion of the court.
"SEC. 6.—Every person charged with an offense punishable under the preceding resolutions shall, during the present war, be tried before the military court attached to the army or corps by the troops of which he 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 punishment in such manner and on such terms as he may deem proper.
"SEC. 7.—All negroes and mulattoes who shall be engaged in war, or be taken in arms against the Confederate States, or shall give aid or comfort to the enemies of the Confederate States, shall, when captured in the Confederate States, be delivered to the authorities of the State or States in which they shall be captured, to be dealt with according to the present or future laws of such State or States.">[
But atrocious as were the provisions of the Resolution, or Act aforesaid, in that they threatened death or Slavery to every Black man taken with Union arms in his hand, and death to every White commissioned officer commanding Black soldiers, yet the manner in which they were executed was still more barbarous.
At last it became necessary to adopt some measure by which captured Colored Union soldiers might be protected equally with captured White Union soldiers from the frequent Rebel violations of the Laws of War in the cases of the former.