"What!" exclaimed Mr. Lincoln; "you surely do not mean that we should take the slaves?"
"Mr. President," replied the Colonel, "a man's allegiance to his Government is not subordinate to claims of private parties upon him. If he is willing to fight for his country he should be allowed to do it."
"But my pledge!" said Mr. Lincoln. "You forget my pledge to the loyal slave States, in my proclamation of emancipation."
Here, then, was the point of difference between Mr. Stanton and the President. The former was willing to recruit colored troops in the loyal slave States, and the latter was opposed to it.
Of course the subject was dropped.
On the 28th of June Col. Birney was ordered to Norfolk to recruit slaves of rebels, but he had scarcely begun when another order brought him back to Washington.
Arriving about the 4th of July, Mr. Stanton showed him a letter from General Schenck, commanding the district of Maryland, stating that large numbers of free men of color had been gathered at Baltimore to work on the fortifications, and that a competent officer, if sent at once, might get a great many recruits among them. In answer to the Secretary's question of what he thought of this, Colonel Birney answered:
"I can organize several regiments in Baltimore, but probably not from the class mentioned by General Schenck. Free colored men will not fight to help the Government maintain slavery in Maryland; and that is the President's pledge. But the slaves will enlist, for they will get their freedom by it. If you send me to Maryland it must be with the knowledge that I will never recognize one man's right of property in another. I believe, with the Vermont justice, that the only proof of such a right is a deed signed and sealed by the Creator."
Mr. Stanton laughed. "Well," he said, "whatever you do, remember you do it on your own responsibility." This was repeated and emphasized.
The Colonel accepted the terms, asking the favor, however, that Mr. Stanton would do what he could for him in the event of the President's displeasure. This was cheerfully promised, and the necessary orders were then made out. A letter also was written to General Schenck directing him to recognize Colonel Birney as in charge of the recruiting of colored troops in Maryland, and to have his requisitions honored by the ordinance, commissary, and quartermaster officers. That is, the Colonel was to have carte blanche for his special business.