carried on by civilized powers, permit no distinction as to color in the treatment of prisoners of war as public enemies. To sell or enslave any captured person, on account of his color and for no offense against 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. ABRAHAM LINCOLN. TO GENERAL S. A. HURLBUT. EXECUTIVE MANSION, WASHINGTON, 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 in freedom which could not be taken away. If Senator Sebastian could come with something of this sort from Arkansas, I, at least, should take great interest in his case; and I believe a single individual will have scarcely done the world so great a service. See him if you can, and read this to him; but charge him not to make it public for the present. Write me again. Yours very truly, A. LINCOLN. TELEGRAM TO GOVERNOR SEYMOUR. ALBANY, August 1, 1863. Rec'd 2 P.M. TO THE PRESIDENT OF THE UNITED STATES: I ask that the draft be suspended in this State until I can send you a communication I am preparing. HORATIO SEYMOUR. WASHINGTON, D. C., August 1, 1863. 4 P.M. HIS EXCELLENCY GOVERNOR SEYMOUR, Albany, N. Y.: By what day may I expect your communication to reach me? Are you anxious about any part except the city and vicinity? A. LINCOLN. TELEGRAM TO GENERAL FOSTER. EXECUTIVE MANSION, WASHINGTON, August 3, 1863. MAJOR-GENERAL FOSTER (or whoever may be in command of the military department with headquarters at Fort Monroe, Va.): If Dr. Wright, on trial at Norfolk, has been or shall be convicted, send me a transcript of his trial and conviction, and do not let execution be done upon him until my further order. A. LINCOLN. TELEGRAM TO J. A. BINGHAM. EXECUTIVE MANSION, WASHINGTON, D. C., HON. JOHN A. BINGHAM, Cadiz, O.: It is indispensable for us to have a judge at Key West as soon as possible. Please inform me whether you will go. A. LINCOLN. TO GENERAL N. P. BANKS. EXECUTIVE MANSION, WASHINGTON, MY DEAR GENERAL BANKS: While I very well know what I would be glad for Louisiana to do, it is quite a different thing for me to assume direction of the matter. I would be glad for her to make a new constitution, recognizing the emancipation proclamation, and adopting emancipation in those parts of the State to which the proclamation does not apply. And while she is at it, I think it would not be objectionable for her to adopt some practical system by which the two races could gradually live themselves out of their old relation to each other, and both come out better prepared for the new. Education for young blacks should be included in the plan. After all, the power or element of "contract" may be sufficient for this probationary period, and by its simplicity and flexibility may be the better. As an antislavery man, I have a motive to desire emancipation which proslavery men do not have; but even they have strong enough reason to thus place themselves again under the shield of the Union, and to thus perpetually hedge against the recurrence of the scenes through which we are now passing. Governor Shepley has informed me that Mr. Durant is now taking a registry, with a view to the election of a constitutional convention in Louisiana. This, to me, appears proper. If such convention were to ask my views, I could present little else than what I now say to you. I think the thing should be pushed forward, so that, if possible, its mature work may reach here by the meeting of Congress. For my own part, I think I shall not, in any event, retract the emancipation proclamation: nor, as executive, ever return to slavery any person who is free by the terms of that proclamation, or by any of the acts of Congress. If Louisiana shall send members to Congress, their admission to seats will depend, as you know, upon the respective Houses, and not upon the President. Yours very truly, [Indorsement.] A. LINCOLN. Copies sent to Messrs. Flanders, Hahn, and Durant, each indorsed as follows: |