gainst 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 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 the public works, and continued at such
labor until the other shall be released and receive the treatment due to a
prisoner of war.

A. LINCOLN.

TO GENERAL S. A. HURLBUT.

EXECUTIVE MANSION, WASHINGTON, July 31, 1863.

MY DEAR GENERAL HURLBUT:

Your letter by Mr. Dana was duly received. I now learn that your
resignation has reached the War Department. I also learn that an active
command has been assigned you by General Grant. The Secretary of War and
General Halleck are very partial to you, as you know I also am. We all
wish you to reconsider the question of resigning; not that we would
wish to retain you greatly against your wish and interest, but that your
decision may be at least a very well-considered one.

I understand that Senator [William K.] Sebastian, of Arkansas, thinks of
offering to resume his place in the Senate. Of course the Senate, and not
I, would decide whether to admit or reject him. Still I should feel great
interest in the question. It may be so presented as to be one of the very
greatest national importance; and it may be otherwise so presented as to
be of no more than temporary personal consequence to him.

The Emancipation Proclamation applies to Arkansas. I think it is valid
in law, and will be so held by the courts. I think I shall not retract
or repudiate it. Those who shall have tasted actual freedom I believe can
never be slaves or quasi-slaves again. For the rest, I believe some plan
substantially being gradual emancipation would be better for both white
and black. The Missouri plan recently adopted, I do not object to on
account of the time for ending the institution; but I am sorry the
beginning should have been postponed for seven years, leaving all that
time to agitate for the repeal of the whole thing. It should begin at
once, giving at least the new-born a vested interest