CHAPTER IX

NEGRO SOLDIERS

Negro Soldiers in the Revolution-In the War of 1812-Organization of Negro Companies by Union Generals in 1862—Jefferson Davis Orders Execution for Felony of Union Officers Engaged in Such Organization-Congress Passes Act of July 17, 1862, Accepting Negroes for General Service in the Army-Thaddeus Stevens [Pa.] Introduces Bill in the House Specifically Employing Negroes as Soldiers-Debate: in Favor, Mr. Stevens, John Hickman [Pa.], Thomas M. Edwards [N. H.], Alexander S. Diven [N. Y.]; Opposed, John J. Crittenden [Ky.], Samuel S. Cox [0.]-Bill Is Passed by the House, and Rejected by the Senate as Conferring Power Already Granted-History of Negro Troops in the War-Employment of Negroes by the Rebels-Retaliation.

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RISPUS ATTUCKS, a mulatto and a fugitive slave, led the patriot mob at the Boston massacre. It was Peter Salem, one of the enfranchised negroes who fought at Bunker Hill, that shot dead Major Pitcairn, leader of the British marines, as he leaped over the breastworks crying, "The day is our own."

The Revolutionary Committee of Safety, feeling that it was inconsistent with the principles of the conflict and reflecting dishonor on the colonies to employ slaves as soldiers, decreed, on May 20, 1775, that only those negroes who were free should be admitted into the army. Many patriots thereupon freed their slaves that these might be permitted to fight.

In the Continental Congress Mr. Edward Rutledge, of South Carolina, moved, on September 26, 1775, that all negroes be dismissed from the patriot armies, but the opposition was so formidable and so determined that the motion did not prevail. Negroes, instead of being expelled from the service, continued to be received, often as substitutes for ex-masters or their sons; and, in Vir

ginia especially, it gradually became a custom to give a slave his freedom on condition of his taking his master's place at the front.

The Congressional Committee of Conference with General Washington before Boston, headed by Benjamin Franklin, ordered on October 23, 1775, that negroes, "especially such as are slaves," should no longer be enlisted; but, on Washington's representation that the negro soldiers whose time had expired were much dissatisfied with the order, and that he feared some might show their resentment by deserting to the enemy, Congress, on January 16, 1776, permitted these to reënlist.

Already (in November, 1775) Lord Dunmore, Royal Governor of Virginia, in order to "reduce" the colonists "to a proper sense of their duty to His Majesty's crown and dignity," had invited slaves to enter the British army, offering them freedom if they would do so.

The Virginia patriots, to offset the effect of this proclamation, called the attention of the slaves to the fact that enlistment in the British army would leave their families at the mercy of "an enraged and injured people." Many enlisted, however, though almost all were destroyed by a malignant fever contracted in the

camps.

On August 24, 1778, 775 negroes were enrolled in the Continental army. On August 29 a black regiment, all of whose members had been freed by the Rhode Island legislature on condition they enter the State militia, fought with notable gallantry at the battle of Rhode Island. The legislatures of other Northern States followed the example of that of Rhode Island, and in the South this policy was urged by leading patriots. It is highly probable, says Horace Greeley in his "American Conflict," that had the Revolutionary War lasted a few years longer slavery would have been abolished throughout the country.

So great was the fear of the British commanders that negroes would be set free and enrolled in the patriot army, that Sir Henry Clinton, on June 30, 1779, issued a proclamation offering protection and employ

ment to all slaves who should enter the British lines. Lord Cornwallis, in his Southern campaign, proclaimed freedom to all slaves who should join him. Thomas Jefferson, in a letter to Dr. Gordon, from Paris, on July 16, 1788, estimated that this policy in one year cost Virginia 30,000 slaves, most of whom died of small-pox and camp-fever. Thirty of these were his own, and he characteristically said: "Had this been to give them freedom he (Lord Cornwallis) would have done right.”

In the beginning of the War of 1812 the policy was generally adopted of not enlisting negroes, but toward its close, under the stress of military necessity, the restriction was abandoned. Thus the New York legislature, on October 24, 1814, authorized in several quarters the raising of two regiments of negroes, freeing those who were slaves, and compensating their owners with the negroes' pay. On September 21, 1814, Gen. Andrew Jackson, in a proclamation from Mobile, Ala., vigorously denounced the "mistaken policy" of excluding negroes from the army, and gave high praise to the bravery of those who had fought under him, which was shortly afterward confirmed in the defence of New Orleans (January 8, 1815), where a number of negroes fought side by side with the white soldiers, repelling from behind the breastworks the advance of the trained British soldiers under Pakenham with the same ardor which Peter Salem and his black companions had displayed at Bunker Hill.

In the Civil War, before Gen. David Hunter's proclamation of military emancipation had been revoked [see page 130], he had organized some of the slaves of his department into companies.

In his report to the Secretary of War [Edwin M. Stanton], on June 23, 1862, General Hunter gave this testimony to their efficiency:

The experiment of arming the blacks, so far as I have made it, has been a complete and even marvelous success. They are sober, docile, attentive, and enthusiastic; displaying great natural capacities for acquiring the duties of the soldier. They are eager beyond all things to take the field and be led into action;

and it is the unanimous opinion of the officers who have had charge of them that, in the peculiarities of this climate and country, they will prove invaluable auxiliaries-fully equal to the similar regiments so long and successfully used by the British authorities in the West India Islands.

On July 16, 1862, Congress passed an act authorizing the President to accept negroes for "any war service for which they may be found competent," though not specifying fighting as one of these services. The act was approved by the President on July 17.

On August 25, 1862, Secretary Stanton issued a special order to Gen. Rufus Saxton, military governor of the sea islands off the coast of South Carolina, to enlist and drill not over 5,000 negroes and to give them the pay of white soldiers. Saxton was ordered to cultivate the plantations with other negroes, and in every way to "withdraw from the enemy their laboring force and population."

Brigadier-General J. W. Phelps, a Vermont Abolitionist serving under Benjamin F. Butler at New Orleans during the summer of 1862, organized five companies of negroes, who, he announced to his chief, were "all willing and ready to show their devotion to our cause in any way it may be put to the test." He recommended that they be used as soldiers under the command of recent graduates of West Point and the more promising non-commissioned officers and privates.

General Butler, in response, instructed General Phelps to employ his "contrabands" upon the fortifications instead of organizing them as soldiers. This General Phelps peremptorily declined to do, saying, "I am not willing to become the mere slave-driver you propose, having no qualifications that way," and thereupon he threw up his commission.

Later (on July 31, 1862) General Butler felt constrained by the necessities and perils of his position to appeal to the free colored men of New Orleans to take up arms in the national service, which appeal was responded to with alacrity and enthusiasm, and a first regiment, 1,000 strong, was filled within 14 days—all its

line officers being colored, as well as the rank and file. His next regiment, filled soon afterward, had its two highest officers white, all the rest colored. His third was officered by the best men that could be had, regardless of color. His two batteries were officered by whites only; for the simple reason that there were no others who had any knowledge of artillery.

On the reception at Richmond of tidings of General Hunter's and General Phelps's proceedings with reference to the enlistment of negro soldiers for the Union armies, President Jefferson Davis issued an order directing that said generals be no longer regarded as public enemies of the Confederacy, but as outlaws; and that, in the event of the capture of either of them, or of any other commissioned officer employed in organizing, drilling, or instructing slaves, he should not be treated as a prisoner of war, but held in close confinement for execution as a felon, at such time and place as he should order. It is not recorded that anyone was ever actually hung under this order.

EMPLOYMENT OF NEGRO SOLDIERS

HOUSE OF REPRESENTATIVES, JANUARY 29-FEBRUARY 2, 1863

On January 27, 1863, Thaddeus Stevens [Pa.] introduced in the House a bill authorizing the President to raise and equip 150,000 negro soldiers, and as many more as he deemed it expedient; to receive the same pay and treatment as white soldiers; to serve for five years, if necessary; the officers to be white or black; commissioned by the President; recruiting stations to be established in both free and slave States; all the slaves among the negroes to become free at discharge, the Government purchasing those belonging to loyal citi

zens.

The bill was hotly opposed by Representatives from the border States, and by the "Peace" Democrats of the North. Of the speeches of the former class that by John J. Crittenden, made on January 29, is representative.