It is the duty of every government to give protection to its citizens of whatever class, color, or condition, and especially to those who are duly organized as soldiers in the public service. The law of nations, and the usages and customs of war, as 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 pos

session.

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.

Order Modifying Prohibition of Export of Arms, Horses, etc.

SEPTEMBER 4, 1863.

Ordered, That the Executive Order, dated November 21, 1862, prohibiting the exportation from the United States of arms, ammunition, or munitions of war, under which the commandants of departments were, by order of the Secretary of War dated May 13, 1863, directed to prohibit the purchase and sale for exportation from the United States of all horses and mules within their respective commands, and to take and appropriate to the use of the United States any horses, mules, and live stock designed for exportation, be so far modified as that any arms heretofore imported into the United States may be reëxported to the place of original shipment, and that any live stock raised in any State or Territory bounded by the Pacific Ocean may be exported from any port of such State or Territory.

Suspension of Writ

Abraham Lincoln.

of Habeas Corpus Throughout the United States.

On September 15, 1863, the President gave notice that the WRIT OF HABEAS CORPUS was SUSPENDED THROUGHOUT THE UNITED STATES, and would continue

to be suspended while the rebellion continued, or until the present proclamation was modified or revoked by the President.

Call for 300,000 Volunteers.

OCTOBER 17, 1863.

Whereas the term of service of a part of the volunteer forces of the United States will expire during the coming year, and whereas, in addition to the men raised by the present draft, it is deemed expedient to call out three hundred thousand volunteers to serve for three years or the war, not, however, exceeding three years:

Now, therefore, I, Abraham Lincoln, President of the United States, and commander-in-chief of the army and navy thereof, and of the militia of the several States when called into actual service, do issue this, my proclamation, calling upon the governors of the different States to raise and have enlisted into the United States service, for the various companies and regiments in the field from their respective States, their quotas of three hundred thousand men.

I further proclaim that all volunteers thus called out and duly enlisted shall receive advance pay, premium, and bounty, as heretofore communicated to the governors of States by the War Department, through the Provost-MarshalGeneral's office, by special letters.

I further proclaim that all volunteers received under this call, as well as all others not heretofore credited, shall be duly credited on, and deducted from, the quotas established for the next draft.

I further proclaim that if any State shall fail to raise the quota assigned to it by the War Department under this call, then a draft for the deficiency in said quota shall be made on said State, or on the districts of said State, for their due proportion of said quota; and the said draft shall commence on the fifth day of January, 1864.

And I further proclaim that nothing in this proclamation shall interfere with existing orders, or those which may be issued, for the present draft in the States where it is now in progress, or where it has not yet commenced.

The quotas of the States and districts will be assigned by the War Department, through the Provost-Marshal-General's office, due regard being had for the men heretofore furnished, whether by volunteering or drafting, and the recruiting will be conducted in accordance with such instructions as have been or may be issued by that department.

In issuing this proclamation, I address myself not only to the governors of the several States, but also to the good and loyal people thereof, invoking them to lend their willing, cheerful, and effective aid to the measures thus adopted, with a view to reinforce our victorious armies now in the field, and bring our needful military operations to a prosperous end, thus closing forever the fountains of sedition and civil war.

In witness, etc.

By the President:

Abraham Lincoln.

William H. Seward, Secretary of State.

Opinion on the Loss of General R. H. Milroy's

Division.

OCTOBER 27, 1863.

In June last a division was substantially lost at or near Winchester, Va. At the time, it was under General Milroy as immediate commander in the field, General Schenck as department commander at Baltimore, and General Halleck as general-in-chief at Washington.

General Milroy, as immediate commander, was put in arrest, and subsequently a court of inquiry examined chiefly with reference to disobedience of orders, and reported the evidence.

The foregoing is a synoptical statement of the evidence, together with the judge-advocategeneral's conclusions. The disaster, when it came, was a surprise to all. It was very well known to Generals Schenck and Milroy for some time before, that General Halleck thought the division was in great danger of a surprise at Winchester; that it was of no service commensurate with the risk it incurred, and that it ought to be withdrawn; but, although he more than once advised its withdrawal, he never positively ordered it. General Schenck, on the contrary, believed the service of the force at Winchester was worth the hazard, and so did not positively order its withdrawal until it was so late that the enemy cut the wire and prevented the order reaching General Milroy.

General Milroy seems to have concurred with General Schenck in the opinion that the force should be kept at Winchester at least until the approach of danger, but he disobeyed no order upon the subject.