February 10th, the subject being still under consideration, Mr. Sumner said:—
MR. PRESIDENT,—I am grateful to the Senator from Connecticut [Mr. Foster] for his admirable argument on this question; and yet it seems to me, if he will pardon me, that even in point of law he has not stated the case as strongly in favor of this obligation as it might be stated. It may be remembered, that, when this discussion was closing, the other day, I ventured to throw out the remark, that there were evidently two classes of cases: the first, where enlistments in good faith were made under the statute of 1861; and the second, where they were made under the statute of 1862.
In point of law, it seems obvious, if enlistments were made in good faith under the statute of 1861, and there was no legal objection to those enlistments, then the United States are bound. If, on the contrary, they were made under the subsequent statute, then it is simply a question of policy and expediency whether we shall make this payment. The whole subject is open to discussion,—first, in the light of sentiment, which may involve expediency and policy, and, secondly, in the light of law. I shall not say anything upon it in the first aspect, except to make one remark,—that our country at this moment can ill afford to take the responsibility of refusing justice to colored soldiers whom it has allowed to shed their blood in its cause. The soul repudiates any such sacrifice,—for sacrifice it will be, at once of honor and of interest. I do not follow out this idea, but pass at once to the second aspect, which I called the question of law; and there I differ from my learned friend from Connecticut, when I say that there are certain colored regiments in the field who in point of law are entitled to the full wages of thirteen dollars a month.
Mr. Foster. If the Senator will pardon me, I insisted on that fact, and said they were enlisted, not under the law, but under instructions from the Department, authorizing the officers to enlist them on the same terms that white troops were enlisted, which would be thirteen dollars per month.
Mr. Sumner. Very well. I still understood the Senator to imply that perhaps in point of law there might be some doubt whether the Government was liable for the thirteen dollars a month. I propose to carry the argument a little further, and show, by calling attention for one moment to the statutes,—not at any great length,—that, under the statutes themselves, the Government is obliged to pay certain regiments thirteen dollars a month.
I begin with the Massachusetts fifty-fourth and fifty-fifth regiments; and these may be taken as examples. I have before me the actual order under which those two regiments were raised.
“War Department, Washington City,
January 26, 1863.
“Ordered, That Governor Andrew, of Massachusetts, is authorized, until further orders, to raise such number of volunteer companies of artillery for duty in the forts of Massachusetts and elsewhere, and such corps of infantry for the volunteer military service, as he may find convenient; such volunteers to be enlisted for three years,”—
Mark, Sir, if you please, the period of service,—“for three years,”—