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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 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；
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 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 FROM GOVERNOR SEYMOUR。
ALBANY； August 1； 1863。 Recvd 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。
TELEGRAM TO GOVERNOR 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。
TO GENERAL N。 P。 BANKS。
EXECUTIVE MANSION； WASHINGTON；
August 5；1863。
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；
A。 LINCOLN。
TO GOVERNOR SEYMOUR。
EXECUTIVE MANSION； WASHINGTON；
August 7； 1863。
HIS EXCELLENCY HORATIO SEYMOUR； Governor of New York：
Your communication of the 3rd instant has been received and
attentively considered。
I cannot consent to suspend the draft in New York； as you request；
because； among other reasons； time is too important。
By the figures you send； which I presume are correct； the twelve
districts represented fall into two classes of eight and four
respectively。 The disparity of the quotas for the draft in these two
classes is certainly very striking； being the difference between an
average of 2200 in one class and 4864 in the other。 Assuming that
the districts are equal one to another in entire population； as
required by the plan on which they were made； this disparity is such
as to require attention。 Much of it； however； I suppose will be
accounted for by the fact that so many more persons fit for soldiers
are in the city than are in the country who have too recently arrived
from other parts of the United States and from Europe to be either
included in the census of 1860； or to have voted in 1862。 Still；
making due allowance for this； I am yet unwilling to stand upon it as
an entirely sufficient explanation of the great disparity。
I shall direct the draft to proceed in all the districts； drawing；
however； at first from each of the four districtsto wit； the
Second； Fourth； Sixth； and Eighthonly； 2200 being the average quota
of the other class。 After this drawing； these four districts； and
also the Seventeenth and Twenty…ninth； shall be carefully re…
enrolled； and； if you please； agents of yours may witness every step
of the process。 Any deficiency which may appear by the new enrolment
will be supplied by a special draft for that object； allowing due
credit for volunteers who may be obtained from these districts
respectively during the interval； and at all points； so far as
consistent with practical convenience； due credits shall be given for
volunteers； and your Excellency shall be notified of the time fixed
for commencing the draft in each district。
I do not object to abide a decision of the United States Supreme
Court； or of the judges thereof； on the constitutionality of the
draft law。 In fact； I should be willing to facilitate the obtaining
of it。 But I cannot consent to lose the time while it is being
obtained。 We are contending with an enemy who； as I understand；
drives every able…bodied man he can reach into his ranks； very much
as a butcher drives bullocks into the slaughter…pen。 No time is
wasted； no argume