A few days later he addressed another letter to the same body.
"To the Honorable Council in Boston.
"The letter I wrote before I heard of the disturbance with Col. Seares, Mr. Spear, and a number of other gentlemen, concerning the freedom of negroes, in Congress Street. It is a pity that riots should be committed on the occasion, as it is justifiable that negroes should have their freedom, and none amongst us be held as slaves, as freedom and liberty is the grand controversy that we are contending for; and I trust, under the smiles of Divine Providence, we shall obtain it, if all our minds can be united; and putting the negroes into the service will prevent much uneasiness, and give more satisfaction to those that are offended at the thoughts of their servants being free.
"I will not enlarge, for fear I should give offence; but subscribe myself
"Your faithful servant,
"Thomas Kench.
"Castle Island, April 7, 1778."[556]
On the 11th of April the first letter was referred to a joint committee, with instructions "to consider the same, and report." On the 17th of April, "a resolution of the General Assembly of Rhode Island for enlisting Negroes in the public service" was referred to the same committee. In the Militia Act of 1775, the exceptions were, "Negroes, Indians, and mulattoes." By the act of May, 1776, providing for the re-enforcement of the American army, it was declared that, "Indians, negroes, and mulattoes, shall not be held to take up arms or procure any person to do it in their room." By another act, passed Nov. 14, 1776, looking toward the improvement of the army, "Negroes, Indians, and mulattoes" were excluded. During the year 1776 an order was issued for taking the census of all males above sixteen, but excepted "Negroes, Indians, and mulattoes." But after some reverses to the American army, Massachusetts passed a resolve on Jan. 6, 1777, "for raising every seventh man to complete our quota," "without any exceptions, save the people called Quakers." This was the nearest Massachusetts ever got toward recognizing Negroes as soldiers. And on the 5th of March, 1778, Benjamin Goddard, for the selectmen, Committee of Safety, and militia officers of the town of Grafton, protested against the enlistment of the Negroes in his town.
It is not remarkable, in view of such a history, that Massachusetts should have hesitated to follow the advice of Thomas Kench. On the 28th of April, 1778, a law was draughted following closely the Rhode-Island Act. But no separate organization was ordered; and, hence, the Negroes served in white organizations till the close of the American Revolution.
There is nothing in the records of Virginia to show that there was ever any legal employment of Negroes as soldiers; but, from the following, it is evident that free Negroes did serve, and that there was no prohibition against them, providing they showed their certificates of freedom:—
"And whereas several negro slaves have deserted from their masters, and under pretence of being free men have enlisted as soldiers: For prevention whereof, Be it enacted, that it shall not be lawful for any recruiting officer within this commonwealth to enlist any negro or mulatto into the service of this or either of the United States, until such negro or mulatto shall produce a certificate from some justice of the peace for the county wherein he resides that he is a free man."[557]
Maryland employed Negroes as soldiers, and sent them into regiments with white soldiers. John Cadwalder of Annapolis, wrote Gen. Washington on the 5th of June, 1781, in reference to Negro soldiers, as follows:—
"We have resolved to raise, immediately, seven hundred and fifty negroes, to be incorporated with the other troops; and a bill is now almost completed."[558]
The legislature of New York, on the 20th of March, 1781, passed the following Act, providing for the raising of two regiments of blacks:—
"Sect. 6.—And be it further enacted by the authority aforesaid, that any person who shall deliver one or more of his or her able-bodied male slaves to any warrant officer, as afore said, to serve in either of the said regiments or independent corps, and produce a certificate thereof, signed by any person authorized to muster and receive the men to be raised by virtue of this act, and produce such certificate to the Surveyor-General, shall, for every male slave so entered and mustered as aforesaid, be entitled to the location and grant of one right, in manner as in and by this act is directed; and shall be, and hereby is, discharged from any future maintenance of such slave, any law to the contrary notwithstanding: And such slave so entered as aforesaid, who shall serve for the term of three years or until regularly discharged, shall, immediately after such service or discharge, be, and is hereby declared to be, a free man of this State."[559]