In a proclamation issued on December 23, 1862, Jefferson Davis ordered that former slaves captured while fighting for the Union be turned over to state authorities to be tried for the capital offense of insurrection. His policy was extended by a joint resolution of the Confederate Congress, adopted on May 1, 1863, to apply to free blacks from the North. In practice, captured black soldiers were either summarily executed, returned or sold into slavery, or used for forced labor by the Confederate army. Angered by the Lincoln administration’s apparent unwillingness to retaliate, Douglass announced his refusal to continue recruiting black soldiers in a public letter to George L. Stearns that appeared in Douglass’ Monthly. (A wealthy Boston abolitionist who had financially supported John Brown, Stearns had been commissioned by Governor Andrew to recruit for the 54th Massachusetts and in turn had enlisted Douglass and other black abolitionists in the effort.) In fact, Lincoln had issued an order on July 30 declaring that to “sell or enslave any captured person, on account of his color, and for no offence against the laws of war, is a relapse into barbarism and a crime against the civilization of the age.” The order specified that “for every soldier of the United States killed in violation of the laws of war, a rebel soldier shall be executed,” and that for every one enslaved, “a rebel soldier shall be placed at hard labor on the public works.”
Rochester, August 1st, 1863
My Dear Sir:
Having declined to attend the meeting to promote enlistments, appointed for me at Pittsburgh, in present circumstances, I owe you a word of explanation. I have hitherto deemed it a duty, as it certainly has been a pleasure, to cooperate with you in the work of raising colored troops in the free states, to fight the battles of the Republic against the slave-holding rebels and traitors. Upon the first call you gave me to this work, I responded with alacrity. I saw, or thought I saw a ray of light, brightening the future of my whole race as well as that of our war troubled country, in arousing colored men to fight for the nation’s life, I continue to believe in the black man’s arm, and still have some hope in the integrity of our rulers. Nevertheless, I must for the present leave to others the work of persuading colored men to join the Union Army. I owe it to my long abused people, and especially of them already in the army, to expose their wrongs and plead their cause. I cannot do that in connection with recruiting. When I plead for recruits I want to do it with all my heart, without qualification. I cannot do that now. The impression settles upon me that colored men have much overrated the enlightenment, justice and generosity of our rulers at Washington. In my humble way I have contributed somewhat to that false estimate. You know, that when the idea of raising colored troops was first suggested, the special duty to be assigned them, was the garrisoning of forts and arsenals in certain warm, unhealthy and miasmatic localities in the South. They were thought to be better adapted to that service than white troops. White troops, trained to war, brave and daring, were to take fortifications, and the blacks were to hold them and keep them from falling again into the hands of the rebels.—Three advantages were to arise out of this wise division of labor. 1st. The spirit and pride of white troops was not to waste itself in dull and monotonous inactivity in fort-life. Their arms were to be kept bright by constant use. 2dly. The health of the white troops was to be preserved. 3dly. Black troops were to have the advantage of sound military training, and be otherwise useful at the same time that they should be tolerably secure from capture by the rebels, who early avowed their determination to enslave and slaughter them in defiance of the laws of war. Two out of the three advantages, were to accrue to the white troops. Thus far however, I believe that no such duty as holding fortifications has been committed to colored troops. They have done far other and more important work than holding fortifications. I have no special complaint to make at this point, and I simply mention it to strengthen the statement that from the beginning of this business it was the confident belief among both the colored and white friends of colored enlistments that President Lincoln as Commander-in-Chief of the army and navy would certainly see to it, that his colored troops should be so handled and disposed of as to be but little exposed to capture by the rebels, and that—if so exposed—as they have repeatedly been from the first, the President possessed both the disposition and the means for compelling the rebels to respect the rights of such as might fall in their hands. The piratical proclamation of President Davis announcing Slavery and assassination to colored prisoners was before the country and the world. But men had faith in Mr. Lincoln and his advisers. He was silent, to be sure, but charity suggested that being a man of action rather than words, he only waited for a case in which he should be required to act. This faith in the man enabled us to speak with warmth and effect in urging enlistments among colored men. That faith, my dear Sir, is now nearly gone. Various occasions have arisen during the last six months for the exercise of his power in behalf of the colored men in his service. But no word comes from Mr. Lincoln or from the War Department, sternly assuring the Rebel Chief that inquisitions shall yet be made for innocent blood. No word of retaliation when a black man is slain by a rebel in cold blood. No word was said when free men from Massachusetts were caught and sold into slavery in Texas. No word is said when brave black men who according to the testimony of both friend and foe, fought like heroes to plant the star spangled banner on the blazing parapets of Fort Wagner, and in doing so were captured, some mutilated and killed, and others sold into slavery. The same crushing silence reigns over this scandalous outrage as over that of the slaughtered teamsters at Murfreesboro.—The same as over that at Millikens Bend and Vicksburg. I am free to say, my dear sir, that the case looks as if the confiding colored soldiers had been betrayed into bloody hands by the very Government in whose defense they were heroically fighting. I know what you will say to this; you will say; “wait a little longer, and after all, the best way to have justice done to your people is to get them into the army as fast as possible.” You may be right in this; my argument has been the same, but have we not already waited, and have we not already shown the highest qualities of soldiers and on this account deserve the protection of the Government for which we are fighting? Can any case stronger than that before Charleston ever arise? If the President is ever to demand justice and humanity for black soldiers, is not this the time for him to do it? How many 54ths must be cut to pieces, its mutilated prisoners killed and its living sold into Slavery, to be tortured to death by inches before Mr. Lincoln shall say: “Hold, enough!”
You know the 54th. To you, more than any one man belongs the credit of raising that Regiment. Think of its noble and brave officers literally hacked to pieces while many of its rank and file have been sold into a slavery worse than death, and pardon me if I hesitate about assisting in raising a fourth Regiment until the President shall give the same protection to them as to white soldiers. With warm and sincere regards,
Frederick Douglass
Since writing the foregoing letter, which we have now put upon record, we have received assurance from Major Stearns, that the Government of the United States is already taking measures which will secure for the captured colored soldiers, at Charleston and elsewhere, the same protection against slavery and cruelty, extended to white soldiers. What ought to have been done at the beginning, comes late, but it comes. The poor colored soldiers have purchased this interference dearly. It really seems that nothing of justice, liberty, or humanity can come to us except through tears and blood.