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hat 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
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