"PROTEST AGAINST ENLISTING SLAVES TO SERVE IN THE ARMY.

"We, the subscribers, beg leave to dissent from the vote of the lower house, ordering a regiment of negroes to be raised for the Continental service, for the following reasons, viz.:

"1st. Because, in our opinion, there is not a sufficient number of negroes in the state, who would have an inclination to enlist, and would pa.s.s muster, to const.i.tute a regiment; and raising several companies of blacks, would not answer the purposes intended; and therefore the attempt to const.i.tute said regiment would prove abortive, and be a fruitless expense to the state.

"2d. The raising such a regiment, upon the footing proposed, would suggest an idea and produce an opinion in the world, that the state had purchased a band of slaves to be employed in the defence of the rights and liberties of our country, which is wholly inconsistent with those principles of liberty and const.i.tutional government, for which we are so ardently contending; and would be looked upon by the neighboring states in a contemptible point of view, and not equal to their troops; and they would therefore be unwilling that we should have credit for them, as for an equal number of white troops; and would also give occasion to our enemies to suspect that we are not able to procure our own people to oppose them in the field; and to retort upon us the same kind of ridicule we so liberally bestowed upon them, on account of Dunmore's regiment of blacks; or possibly might suggest to them the idea of employing black regiments against us.

"3d. The expense of purchasing and enlisting said regiment, in the manner proposed, will vastly exceed the expenses of raising an equal number of white men; and at the same time will not have the like good effect.

"4th. Great difficulties and uneasiness will arise in purchasing the negroes from their masters; and many of the masters will not be satisfied with any prices allowed.

"JOHN NORTHUP, GEORGE PIERCE, "JAMES BABc.o.k, JR., SYLVESTER GARDNER, "OTHNIEL GORTON, SAMUEL BABc.o.c.k."[551]

Upon the pa.s.sage of the Act, Gov. Cooke hastened to notify Gen.

Washington of the success of the project.

"PROVIDENCE, February 23d, 1778.

"SIR:--I have been favored with your Excellency's letter of the [3d instant,][552] enclosing a proposal made to you by General Varnum, for recruiting the two Continental battalions raised by this state.

"I laid the letter before the General a.s.sembly at their session, on the second Monday in this month; who, considering the pressing necessity of filling up the Continental army, and the peculiarly difficult circ.u.mstances of this state, which rendered it in a manner impossible to recruit our battalions in any other way, adopted the measure.

"Liberty is given to every effective slave to enter the service during the war; and upon his pa.s.sing muster, he is absolutely made free, and ent.i.tled to all the wages, bounties and encouragements given by Congress to any soldier enlisting into their service. The masters are allowed at the rate of 120, for the most valuable slave; and in proportion to those of less value.

"The number of slaves in this state is not great; but it is generally thought that three hundred, and upwards, will be enlisted.

"I am, with great respect, sir,

"Your Excellency's most obedient, humble servant, "NICHOLAS COOKE.

"TO GEN. WASHINGTON."[553]

Where masters had slaves in the army, they were paid an annual interest on the appraised value of the slaves, out of the public treasury, until the end of the military service of such slaves.[554]

If owners presented certificates from the committee appointed to appraise enlisted Negroes, they were paid in part or in full in "Continental loan-office certificates."[555]

The reader will remember, that it has been already shown that Negroes, both bond and free, were excluded from the militia of Ma.s.sachusetts; and, furthermore, that both the Committee of Safety and the Provincial Congress had opposed the enlistment of Negroes. The first move in the colony to secure legal enlistments and separate organizations of Colored troops was a communication to the General a.s.sembly of Ma.s.sachusetts, 3d of April, 1778.

"_To the Honorable Council, and House of Representatives, Boston, or at Roxbury._

"HONORED GENTLEMEN,--At the opening of this campaign, our forces should be all ready, well equipped with arms and ammunition, with clothing sufficient to stand them through the campaign, their wages to be paid monthly, so as not to give the soldiery so much reason of complaint as it is the general cry from the soldiery amongst whom I am connected.

"We have accounts of large re-enforcements a-coming over this spring against us; and we are not so strong this spring, I think, as we were last. Great numbers have deserted; numbers have died, besides what is sick, and incapable of duty, or bearing arms in the field.

"I think it is highly necessary that some new augmentation should be added to the army this summer,--all the re-enforcements that can possibly be obtained. For now is the time to exert ourselves or never; for, if the enemy can get no further hold this campaign than they now possess, we [have] no need to fear much from them hereafter.

"A re-enforcement can quick be raised of two or three hundred men. Will your honors grant the liberty, and give me the command of the party? And what I refer to is negroes. We have divers of them in our service, mixed with white men.

But I think it would be more proper to raise a body by themselves, than to have them intermixed with the white men; and their ambition would entirely be to outdo the white men in every measure that the fortune of war calls a soldier to endure. And I could rely with dependence upon them in the field of battle, or to any post that I was sent to defend with them; and they would think themselves happy could they gain their freedom by bearing a part of subduing the enemy that is invading our land, and clear a peaceful inheritance for their masters, and posterity yet to come, that they are now slaves to.

"The method that I would point out to your Honors in raising a detachment of negroes;--that a company should consist of a hundred, including commissioned officers; and that the commissioned officers should be white, and consist of one captain, one captain-lieutenant, two second lieutenants; the orderly sergeant white; and that there should be three sergeants black, four corporals black, two drums and two fifes black, and eighty-four rank and file. These should engage to serve till the end of the war, and then be free men. And I doubt not, that no gentleman that is a friend to his country will disapprove of this plan, or be against his negroes enlisting into the service to maintain the cause of freedom, and suppress the worse than savage enemies of our land.

"I beg your Honors to grant me the liberty of raising one company, if no more. It will be far better than to fill up our battalions with runaways and deserters from Gen.

Burgoyne's army, who, after receiving clothing and the bounty, in general make it their business to desert from us.

In the lieu thereof, if they are [of] a mind to serve in America, let them supply the families of those gentlemen where those negroes belong that should engage.

"I rest, relying on your Honor's wisdom in this matter, as it will be a quick way of having a re-enforcement to join the grand army, or to act in any other place that occasion shall require; and I will give my faith and a.s.surance that I will act upon honor and fidelity, should I take the command of such a party as I have been describing.

"So I rest till your Honors shall call me; and am your very humble and obedient servant,

"THOMAS KENCH,

"In Col. Craft's Regiment of Artillery, now on Castle Island.

"CASTLE ISLAND, April 3, 1778."

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 a.s.sembly 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, pa.s.sed 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, Ma.s.sachusetts pa.s.sed 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 Ma.s.sachusetts ever got toward recognizing Negroes as soldiers. And on the 5th of March, 1778, Benjamin G.o.ddard, 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 Ma.s.sachusetts 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, pa.s.sed 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 ent.i.tled 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]

The theatre of the war was now transferred from the Eastern to the Middle and Southern colonies. Ma.s.sachusetts alone had furnished, and placed in the field, 67,907 men; while all the colonies south of Pennsylvania, put together, had furnished but 50,493,--or 8,414 _less_ than the single colony of Ma.s.sachusetts.[560] It was a difficult task to get the whites to enlist at the South. Up to 1779, nearly all the Negro soldiers had been confined to the New-England colonies. The enemy soon found out that the Southern colonies were poorly protected, and thither he moved. The Hon. Henry Laurens of South Carolina, an intelligent and observing patriot, wrote Gen. Washington on the 16th of March, 1779, concerning the situation at the South:--

"Our affairs [he wrote] in the Southern department are more favorable than we had considered them a few days ago; nevertheless, the country is greatly distressed, and will be more so unless further reinforcements are sent to its relief. Had we arms for three thousand such black men as I could select in Carolina, I should have no doubt of success in driving the British out of Georgia, and subduing East Florida, before the end of July."[561]

Gen. Washington sent the following conservative reply:--