"USE OF NEGROES AS SOLDIERS.

"One branch of Congress has rejected a bill authorizing the enlistment of negro soldiers. Mr. Sumner declares his intention to persist in forcing the pa.s.sage of such a law by offering it as an amendment to some other bill. Meantime the President, by laws already enacted, has full authority over the subject, and we can see no good object to be attained by forcing it into the discussions of Congress and adding it to the causes of dissension already existing in the country at large.

"A law of last Congress authorized the President to use the negroes as laborers or _otherwise_, as they can be made most useful in the work of quelling the rebellion. Under this authority, it is understood that he has decided to use them in certain cases as soldiers. Some of them are already employed in garrisoning Southern forts, on the Mississippi River, which whites cannot safely occupy on account of the climate. Governor Sprague has authority to raise negro regiments in Rhode Island, and has proclaimed his intention to lead them when raised in person, and Gov. Andrew has received similar authority for the State of Ma.s.sachusetts. We see, therefore, not the slightest necessity for any further legislation on this subject, and hope Mr. Sumner will consent that Congress may give its attention, during the short remainder of its session, to topics of pressing practical importance.

"Whether negroes shall or shall not be employed as soldiers, seems to us purely a question of expediency, and to be solved satisfactorily only by experiment. As to our _right_ so to employ them, it seems absurd to question it for a moment. The most bigoted and inveterate stickler for the absolute divinity of slavery in the Southern States would scarcely insist that, as a matter of right, either const.i.tutional or moral, we could not employ negroes as soldiers in the army. Whether they are, or are not, by nature, by law, or by usage, the equals of the white man, makes not the slightest difference in this respect. Even those at the North who are so terribly shocked at the prospect of their being thus employed, confine their objections to grounds of expediency. They urge:

"1st. That the negroes will not fight. This, if true, is exclusive against their being used as soldiers. But we see no way of testing the question except by trying the experiment. It will take but a very short time and but very few battles to determine whether they have courage, steadiness, subjection to military discipline and the other qualities essential to good soldiership or not. If they have, this objection will fall, if not then beyond all question they will cease to be employed.

"2d. It is said that the whites will not fight with them--that the prejudice against them is so strong that our own citizens will not enlist, or will quit the service, if compelled to fight by their side,--and that we shall thus lose two white soldiers for one black one that we gain. If this is true, they ought not to be employed. The object of using them is to strengthen our military force; and if the project does not accomplish this, it is a failure. The question, moreover, is one of fact, not of theory. It matters nothing to say that it _ought_ not to have this effect--that the prejudice is absurd and should not be consulted. The point is, not what men _ought_ to do, but what they will _do_. We have to deal with human nature, with prejudice, with pa.s.sion, with habits of thought and feeling, as well as with reason and sober judgment and the moral sense.

Possibly the Government may have made a mistake in its estimate of the effect of this measure on the public mind. The use of negroes as soldiers may have a worse effect on the army and on the people than they have supposed.

"But this is a matter of opinion upon which men have differed.

Very prominent and influential persons, Governors of States, Senators, popular Editors and others have predicted the best results from such a measure, while others have antic.i.p.ated the worst. The President has resolved to try the experiment. If it works well, the country will be the gainer. If not, we have no doubt it will be abandoned. If the effect of using negroes as soldiers upon the army and the country, proves to be depressing and demoralizing, so as to weaken rather than strengthen our military operations, they will cease to be employed. The President is a practical man, not at all disposed to sacrifice practical results to abstract theories.

"3d. It is said we shall get no negroes--or not enough to prove of any service. In the free States very few will volunteer, and in the Slave States we can get but few, because the Rebels will push them Southward as fast as we advance upon them. This may be so. We confess we share, with many others, the opinion that it will.

"But we may as well wait patiently the short time required to settle the point. When we hear more definitely from Gov.

Sprague's black battalions and Gov. Andrew's negro brigades, we shall know more accurately what to think of the measure as one for the Free States; and when we hear further of the success of Gen. Banks and Gen. Saxton in enlisting them at the South, we can form a better judgment of the movement there. If we get very few or even none, the worst that can be said will be that the project is a failure; and the demonstration that it is so will have dissipated another of the many delusions which dreamy people have cherished about this war.

"4th. The use of negroes will exasperate the South; and some of our Peace Democrats make that an objection to the measure. We presume it will; but so will any other scheme we may adopt which is warlike and effective in its character and results. If that consideration is to govern us, we must follow Mr. Vallandingham's advice and stop the war entirely, or as Mr. McMasters puts it in his Newark speech, go 'for an immediate and _unconditional_ peace.' We are not quite ready for _that_ yet.

"The very best thing that can be done under existing circ.u.mstances, in our judgment, is to possess our Souls in patience while _the experiment_ is being tried. The problem will probably speedily solve itself--much more speedily than heated discussion or harsh criminations can solve it."

It didn't require a great deal of time for the Black troops to make a good impression; and while the Congress, the press, and the people were being exercised over the probable out-come, the first regiment of ex-slaves ever equipped for the service was working a revolution in public sentiment. On the last day of January, 1863, the "New York Tribune" printed the following editorial on the subject:

"A disloyal minority in the House is factiously resisting the pa.s.sage of the Steven's bill, authorizing the President to raise and equip 150,000 soldiers of African descent. Meanwhile, in the Department of the South a full regiment of blacks has been enlisted under Gen. Saxton; is already uniformed and armed, and has been actively drilling for the last seven weeks. A letter which we printed on Wednesday from our Special Correspondent, who is usually well qualified to judge of its military proficiency, says of this regiment that no honest-minded, unprejudiced observer could come to any other conclusion than that it had attained a remarkable proficiency in the short period during which it had been drilled. We have in addition from an officer of the regiment, who is thoroughly informed as to its condition, a very interesting statement of its remarkable progress, and some valuable suggestions on the employment of negro troops in general.

"'This regiment--the 1st South Carolina Volunteers, Colonel Thomas Wentworth Higginson--marched on the 17th for the first time through the streets of Beaufort. It was the remark of many bitterly pro-slavery officers that they looked "splendidly." They marched through by platoons, and returned by the flank; the streets were filled with soldiers and citizens, but every man looked straight before him and carried himself steadily. How many white regiments do the same? One black soldier said: "We didn't see a thing in Beaufort; ebery man hold his head straight up to de front, ebery step was worth a half dollar."

"'Many agreed with what is my deliberate opinion,' writes this officer, 'that no regiment in this department can, even now, surpa.s.s this one. In marching in regimental line I have not seen it equalled. In the different modes of pa.s.sing from line into column, and from column into line, in changing front, countermarching, forming divisions, and forming square, whether by the common methods, or by Casey's methods, it does itself the greatest credit. Nor have I yet discovered the slightest ground of inferiority to white troops.

"'So far is it from being true that the blacks as material soldiers are inferior to white, that they are in some respects manifestly superior; especially in aptness for drill, because of their imitativeness and love of music; docility in discipline, when their confidence is once acquired; and enthusiasm for the cause. _They_ at least know what they are fighting for. They have also a _pride_ as soldiers, which is not often found in our white regiments, where every private is only too apt to think himself specially qualified to supersede his officers. They are above all things faithful and trustworthy on duty from the start. In the best white regiments it has been found impossible to trust newly-enlisted troops with the countersign--they invariably betray it to their comrades. There has been but one such instance in this black regiment, and that was in the case of a mere boy, whose want of fidelity excited the greatest indignation among his comrades.

"'Drunkenness, the bane of our army, does not _exist_ among the black troops. There has not been _one_ instance in the regiment.

Enough. The only difficulty which threatened to become at all serious was that of absence without leave and overstaying pa.s.ses, but this was checked by a few decided measures and has ceased entirely.

"'When this regiment was first organized, some months ago, it had to encounter bitter hostility from the white troops at Port Royal, and there was great exultation when General Hunter found himself obliged to disband it. Since its reorganization this feeling seems to have almost disappeared. There is no complaint by the privates of insult or ill-treatment, formerly disgracefully common from their white comrades.

"'It has been supposed that these black troops would prove fitter for garrison duty than active service in the field. No impression could be more mistaken. Their fidelity as sentinels adapts them especially, no doubt, to garrison duty; but their natural place is in the advance. There is an inherent dash and fire about them which white troops of more sluggish Northern blood do not emulate, and their hearty enthusiasm shows itself in all ways.

Such qualities are betrayed even in drill, as anybody may know who has witnessed the dull, mechanical way in which ordinary troops make a bayonet charge on the parade ground, and contrasts it with the spirit of those negro troops in the same movement.

They are to be used, moreover, in a country which they know perfectly. Merely from their knowledge of wood-craft and water-craft, it would be a sheer waste of material to keep them in garrison. It is scarcely the knowledge which is at once indispensable and impossible to be acquired by our troops. See these men and it is easier to understand the material of which the famous Cha.s.seurs d'Afrique are composed.'

"General Saxton, in a letter published yesterday, said: 'In no regiment have I ever seen duty performed with so much cheerfulness and alacrity. * * * In the organization of this regiment I have labored under difficulties which might have discouraged one who had less faith in the wisdom of the measure; but I am glad to report that the experiment is a complete success. My belief is that when we get a footing on the mainland regiments may be raised which will do more than any now in the service to put an end to this rebellion.'

"We are learning slowly, very slowly, in this war to use the means of success which lie ready to our hands. We have learnt at last that the negro is essential to our success, but we are still hesitating whether to allow him to do all he can or only a part.

"It will not take many such proofs as this black regiment now offers to convince us of the full value of our new allies. But we ought to go beyond that selfishness which regards only our own necessities and remember that the negro has a right to fight for his freedom, and that he will be all the more fit to enjoy his new destiny by helping to achieve it."

On the 28th of March, 1863, Mr. Greeley sent forth the following able and sensible editorial on the Negro as a soldier:

"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 pa.s.sions which opportunity for just revenges stimulates even in white b.r.e.a.s.t.s, 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 ma.s.sacre 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 circ.u.mstances. 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 inst.i.tutions 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 Const.i.tution 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 const.i.tuent 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 Const.i.tution, 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 a.s.sign 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 cla.s.s 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 a.s.sign 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 const.i.tute 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 Const.i.tutional 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 inst.i.tutions!

"Soldiers of this cla.s.s, 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 cla.s.s 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, "const.i.tutionally." 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 Ma.s.sachusetts.

[93] New York Herald, Tuesday, August 5, 1862.