"Negro Troops.
"Facts are beginning to dispel prejudices. Enemies of the negro race, who have persistently denied the capacity and doubted the courage of the Blacks, are unanswerably confuted by the good conduct and gallant deeds of the men whom they persecute and slander. From many quarters come evidence of the swiftly approaching success which is to crown what is still by some persons deemed to be the experiment of arming whom the Proclamation of Freedom liberates.
"The 1st and 2d South Carolina Volunteers, under Colonels Higginson and Montgomery, have ascended the St. John's River in Florida as far as Jacksonville, and have re-occupied that important town which was once before taken and afterward abandoned by the Union forces. Many of the negroes composing these regiments had been slaves in this very place. Their memory of old wrongs, of the privations, outrages and tortures of Slavery, must here, if anywhere, have been fresh and vivid, and the passions which opportunity for just revenges stimulates even in white breasts, ought to have been roused more than in all other places on the spot where they had suffered.
"If, then, Jacksonville were to-day in ashes, and the ghastly spirit visions of 'The World' materialized into terrible realities, the negro haters would have no, cause to be disappointed. 'The World' hailed the alleged repulse and massacre of the negroes and white officers—a report which it invented outright, in sheer malignity, in order to forestall public opinion by creating a belief in the failure of the expedition—would have changed into agonized shrieks over the outrages on its Southern brethren. The experiment of subjecting negroes to military rules and accustoming them to those amenities of civilized warfare which the rebels so uniformly practice would again have been declared to be a hopeless failure; and for the hundredth time the Proclamation and the radicals who advised it would have been pilloried for public execration.
"Since, however, the contrary of all this is true, it may be presumed by a confiding public which does not read it that 'The World' has honestly acknowledged the injustice of its slanders. It is unpleasant to disabuse a confiding public on any subject, but we who are sometimes obliged to look at that paper as a professional duty, regret to say that we have not discovered a single evidence of its repentance. The facts are, however, that Colonel Higginson's men landed quietly at Jacksonville, marched through its streets in perfect order, committed no outrages or excesses of any kind, and by the testimony of all witnesses conducted themselves with a military decorum and perfect discipline which is far from common among white regiments in similar circumstances. They have gone before this time still further into the interior, and will doubtless do good service in a direction where their presence has been least expected by the Rebels. In the only instance in which the white chivalry ventured to make a stand against them, the whites were defeated and driven off the field by the Blacks.
"The truth is that the fitness of negroes to be soldiers has long since, in this country and elsewhere, been amply demonstrated, and the success of Col. Higginson's Black Troops is no matter of surprise to any person tolerably well informed about the history of the race. If it were in any sense an experiment, the only thing to be tested was the obstinacy of our Saxon prejudice which denied the possibility of success, and did what it could to prevent it. But even Saxon prejudice must shortly yield to the logic of facts."
In the face of the fact that the United States Government had employed Negroes as soldiers to fight the battles of the Union, there were men of intelligence who held that it was all wrong in fact, in policy, and in point of law. And this opinion attained such proportions that the Secretary of War felt called upon to request the opinion of Judge Advocate Holt. It is given here.
Enlistment of Slaves.
In a letter to Edwin M. Stanton, Secretary of War, dated Aug. 20, 1863, Judge Advocate Holt said: "The right of the Government to employ for the suppression of the rebellion persons of African Descent held to service or labor under the local law, rests firmly on two grounds:
"First, as property. Both our organic law and the usages of our institutions under it recognize fully the authority of the Government to seize and apply to public use private property, on making compensation therefor. What the use may be to which it is to be applied does not enter into the question of the right to make the seizure, which is untrammelled in its exercise, save by the single condition mentioned.
"Secondly, as persons. While those of African Descent held to service or labor in several of the States, occupy under the laws of such States, the status of property; they occupy also under the Federal Government, the status of 'persons.' They are referred to so nomine in the Constitution of the United States, and it is not as property but as 'persons' that they are represented on the floor of Congress, and thus form a prominent constituent element alike in the organization and practical administration of the Government.
"The obligation of all persons—irrespective of creed or color—to bear arms, if physically capable of doing so, in defence of the Government under which they live and by which they are protected, is one that is universally acknowledged and enforced. Corresponding to this obligation is the duty resting on those charged with the administration of the Government, to employ such persons in the military service whenever the public safety may demand it. Congress realized both this obligation on the one hand, and this duty on the other when, by the 12th section of the Act of the 17th of July, 1862, it was enacted that 'the President be and is hereby authorized to receive into the service of the United States for the purpose of constructing intrenchments, or performing camp service or any other labor, or any military or naval service for which they may be found competent, persons of African Descent, and such persons shall be enrolled and organized under such regulations not inconsistent with the Constitution, and the laws, as the President may prescribe.'
"The terms of this Act are without restriction and no distinction is made, or was intended to be made, between persons of African Descent held to service or labor or those not so held.
"The President is empowered to receive them all into the military service, and assign them such duty as they may be found competent to perform.
"The tenacious and brilliant valor displayed by troops of this race at Port Hudson, Milliken's Bend, and Fort Wagner, has sufficiently demonstrated to the President and to the country, the character of service of which they are capable. In the interpretation given to the Enrolment Act, free citizens of African Descent are treated as citizens of the United States, in the sense of the law, and are everywhere being drafted into the military service.
"In reference to the other class of persons of this race—those held to service or labor—the 12th section of the Act of July 17th is still in full force, and the President may in his discretion receive them into the army and assign them to such field of duty as he may deem them prepared to occupy. In view of the loyalty of this race, and of the obstinate courage which they have shown themselves to possess, they certainly constitute at this crisis in our history a most powerful and reliable arm of the public defence. Whether this arm shall now be exerted is not a question of power or right, but purely of policy, to be determined by the estimate which may be entertained of the conflict in which we are engaged, and of the necessity that presses to bring this waste of blood and treasure to a close. A man precipitated into a struggle for his life on land or sea, instinctively and almost necessarily puts forth every energy with which he is endowed, and eagerly seizes upon every source of strength within his grasp; and a nation battling for existence, that does not do the same, may well be regarded as neither wise nor obedient to that great law of self-preservation, from which are derived our most urgent and solemn duties. That there exists a prejudice against the employment of persons of African Descent is undeniable; it is, however, rapidly giving way, and never had any foundation in reason or loyalty. It originated with and has been diligently nurtured by those in sympathy with the Rebellion, and its utterance at this moment is necessarily in the interests of treason.
"Should the President feel that the public interests require he shall exert the power with which he is clothed by the 12th section of the Act of the 17th of July, his action should be in subordination to the Constitutional principle which exacts that compensation shall be made for private property devoted to the public uses. A just compensation to loyal claimants to the service or labor of persons of African Descent enlisted in our army, would accord with the uniform practice of the Government and the genius of our institutions!
"Soldiers of this class, after having perilled their lives in the defence of the Republic, could not be re-enslaved without a national dishonor revolting and unendurable for all who are themselves to be free. The compensation made, therefore, should be such as entirely to exhaust the interest of claimants; so that when soldiers of this class lay down their arms at the close of the war, they may at once enter into the enjoyment of that freedom symbolized by the flag which they have followed and defended."
The Negro was now a soldier, legally, "constitutionally." He had donned the uniform of an American soldier; was entrusted with the honor and defence of his country, and had set before him liberty as his exceeding great reward. Rejected at first he was at last urged into the service—even drafted! He was charged with the solution of a great problem—his fitness, his valor. History shall record his deeds of patriotism, his marvellous achievements, his splendid triumphs.
FOOTNOTES:
[91] Charleston Mercury, April 30, 1861.
[92] They were, no doubt, from Massachusetts.
[93] New York Herald, Tuesday, August 5, 1862.
[94] Greeley, vol. ii, pp. 517, 518.
[95] Many of these had previously been in the three months', nine months', and three years' service, from which they had been honorably discharged.