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. "

By order of the Secretary of War:

E. D. TOWNSEND,

Assistant Adjutant-General.

Believing that this atrocity has been perpetrated without your knowledge, and that you will take prompt steps to disavow this violation of the usages of war and to bring the offenders to justice, I shall refrain from executing a rebel soldier until I learn your action in the premises.

I am, very respectfully, your obedient servant,

JOHN J. PECK,

Major-General.

[Inclosure Numbers 2.]

HDQRS. ARMY AND DISTRICT OF NORTH CAROLINA,
New Berne, N. C., February 13, 1864.

Major-General PICKETT,

Dept. of Virginia and North Carolina, Confederate Army:

GENERAL: I have the honor to inclose a list of 53 soldiers of the U. S. Government who are supposed to have fallen into your hands on your late hasty retreat from before New Berne. They are loyal and true North Carolinians and duly enlisted in the Second North Carolina Infantry. I ask for them the same treatment in all respects as you will mete out to other prisoners of war.

I am, very respectfully, your obedient servant,

JOHN J. PECK,

Major-General.

[Inclosure Numbers 3.]

HEADQUARTERS DEPARTMENT OF NORTH CAROLINA,
Petersburg, Va., February 16, 1864.

Major General JOHN J. PECK, U. S. ARMY,

Commanding at New Berne:

GENERAL: Your communication of the 11th of February is received. I have the honor to state in reply that the paragraph from a newspaper inclosed therein is not only without foundation in fact but so ridiculous that I should scarcely have supposed it worthy of consideration; but I would respectfully inform you that had I caught any negro who had killed officer, soldier, or citizen of the Confederate States I should have caused him to be immediately executed.

To your threat expressed in the following extract from your communication, viz: "Believing that this atrocity has been perpetrated without your knowledge, and that you will take prompt steps to dis-