"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 22nd, 1862, and January 1st, 1863, and other measures of the Government of the United States, and of its authorities, commanders and forces, designed or intended 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 the civilized nations; they may therefore be lawfully suppressed by retaliation.
"Sec. 3.—That in every case wherein, during the war, any violation of the laws and usages of war among civilized nations shall be, or has been done and perpetrated by those acting under the authority of the United States, on the 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 use 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 to 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 otherwise punished at the discretion of the court.
"Sec. 6.—Every person charged with an offence punishable under the preceeding 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, where captured in the Confederate States, be delivered to authorities of the State or States in which they shall be captured, to be dealt with according to such present or future laws of such State or States."
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."