« AnkstesnisTęsti »
Shiel, John B. Steele, William G. Steele, Stiles, Webster,
NAYS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Samuel S. Blair, Blake, Buffinton, Campbell, Colfax, Roscoe Conkling, Cutler, Davis, Dawes, Duell, Dunn, Edwards, Ely, Fenton, Fessenden, Frank, Goodwin, Granger, Haight, Hale, Hanchett, Hooper, Julian, Kelley, Francis W. Kellogg, William Kellogg, Leary, Loomis, Lovejoy, Low, McKnight, McPherson, Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Timothy G. Phelps, Pike, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Shellabarger, Sherman, Smith, Spaulding, Stevens, Stratton, Benjamin F. Thomas, Train, Trimble, Trowbridge, Van Horn, Verree, Wall, Wallace, Walton, Ward, Wilson, Windom, Worcester-77.
The bill then passed.
PREVIOUS PROCEEDINGS ON THIS SUBJECT. Third Session, Thirty-Seventh Congress. IN HOUSE.
1863, January 27-Mr. STEVENS offered a bill for the enlistment of 150,000 soldiers, persons of color or of African descent, to serve for five
years, and to receive a bounty of $5, and pay at the rate of $10 per month, recruiting stations to be established in free or slave States, regimental officers to be white, company officers white or colored as the President may direct. Slaves and freemen may be enlisted; such persons shall never again be slaves, but the United States shall pay for such of them as belong to persons not disloyal.
Mr. HICKMAN offered a substitute authorizing the organization of three hundred colored regi: ments to be uniformed in a special and marked manner, to serve for seven years, at a monthly pay of $6 50, one half to be retained till discharged-their officers to be of collegiate education and receive twice the pay of other officers. The bill contained a colonization feature, and appropriated the proceeds of confiscation to be applied to educational purposes in the States in which the property confiscated, lies.sively of persons of African descent.
The bill was repeatedly before the House, was severely "filibustered," and was finally modified by Mr. STEVENS to read as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to enroll, arm, equip, and receive into the land and naval service of the United States, such number of volunteers of African descent as he may deem useful to suppress the present rebellion, for such term of service as he may prescribe, not exceeding five years. The said volunteers to be organized according to the regulations of the branch of service in which they may be enlisted, to receive the same rations, clothing, and equipments as other volunteers, and a monthly pay not to exceed that of other volunteers; to be officered by persons appointed and commissioned by the President, and to be governed by the rules and articles of war and such other rules and regulations as may be prescribed by the President: Provided, That nothing herein contained, or in the rules and articles of war, shall be so construed as to authorize or permit any officer of African descent to be appointed to rank, or to exercise military or naval authority over white officers, soldiers, or men in the military or naval service of the United States; nor shall any greater pay than ten dollars per month, with the usual allowance of clothing and rations, be allowed or paid to privates or laborers of African descent which are, or may be, in the military or naval service of the United States: Provided further, That the slaves of loyal citizens in the States exempt by the President's proclamation of January 1, 1863, shall not be received into the armed service of the United States, nor shall there be recruiting offices opened in either of the States of Delaware, Maryland, West Virginia, Kentucky, Tennessee, or Missouri, without the consent of the Governor of said State having been first obtained.
Baily, Biddle, Jacob B. Blair, Chleert, Clements, Cobb, Car,
March 2-Mr. DAVIS offered this new section: That no negro, free or slave, shall be enrolled in the military, marine, or naval service of the United States
Which was not agreed to-yeas 12, nays 23, as follows:
February 2-It passed the House-yeas 85, nays 57. The NAYS wereNAIS-Messrs. William Allen, William J. Allen, Ancona,
YEAS-Messrs. Davis, Henderson, Hicks, Kennedy. Ne
mith, Powell, Richardson, Saulsbury, Turpie, Wall, Willey, Wilson of Missouri-12.
NAYS-Messrs. Chandler, Clark, Collamer, Cowan, DooHarris, Howard, Howe, Lane of Indiana, Lane of Kanse, little, Fessenden, Foot, Foster, Grimes, Harding, Harlac, Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Walkin son, Wilson of Massachusetts-23.
Mr. POWELL offered to amend the eighth section by adding this proviso:
Provided, That no person of African descent shall be commissioned or hold an office in the army of the United
Which was agreed to-yeas 18, nays 17, as follows:
Howe, Kennedy, Lane of Indiana, Nesmith, Powell, Rach YEAS-Cowan, Davis, Harding, Harris, Henderson, Hicks, ardson, Saulsbury, Ten Eyck, Turpie, Wall, Willey, Was of Missouri-18.
NAYS-Messrs. Chandler, Clark, Doolittle, Fessenden,
Foot, Foster, Grimes, Harlan, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wilkinson, Wison of Massachusetts-17.
Mr. LANE, of Kansas, moved to add to the above proviso the following words:
Except company officers in companies composed excls
Which was agreed to-yeas 19, nays 17, as follows:
YEAS-Messrs. Chandler, Clark, Collamer, Doolittle, Fesenden, Foot, Foster, Grimes, Harlan, Howe, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wilkinso, Wilmot, Wilson of Massachusetts-19.
NAYS-Messrs. Cowan, Davis, Harding, Harris, Henderson, Hicks, Howard, Lane of Indiana, Nesmith, Prece Richardson, Saulsbury, Sherman, Ten Eyck, Wall, Wilky, Wilson of Missouri-17.
The eighth section was then stricken out without a division.
PAY OF COLORED SOLDIERS.
First Session, Thirty-Eighth Congress-
1864, February 23-The Senate considered the joint resolution to equalize the pay of soldiers.
Mr. Cowan moved to strike out all after the enacting clause, and insert:
That from and after the passage of this joint resolution the soldiers of the United States of America, of the same grade and service, shall be entitled to the same pay, ratioses, and pensions.
Mr. DAVIS moved to insert the following as a substitute:
All negroes and mulattoes, by whatever term designated, in the military service of the United States, be, and the same are hereby declared to be, discharged from such ser
vice, and shall be disarmed as soon as practicable; bet the
President of the United States may retain such of said groes and mulattoes as he shall deem proper in the military service as teamsters and laborers; and the commandants d
the respective regiments to which said slaves may be attached shall issue to their owner or owners a certificate of their employment in the service of the Government.
That every loyal owner of any slave that has been heretofore, or that may hereafter be taken into the service, or for the use of the United States, shall be entitled to a fair and reasonable compensation for the service of such slave for the time such slave may have been, or may be, in such service, to be paid quarterly; and where any slave may have been killed or died from exposure, or may have been disabled in such service, the owner or owners of all such slave or slaves shall be entitled to such compensation as will reasonably satisfy them for all damages that he, she, or they may have sustained by reason of the death or disability of any such slave or slaves. And where any such slave or slaves may become a fugitive, and be not returned to the owner, the United States shall pay to such owner or owners the reasonable value of the service of said slave or slaves.
That the owner or owners of any slave, entitled to pay and compensation, as hereinbefore provided for, may make out his, her, or their account therefor against the United States, and upon filing the same at the Treasury Department, sustained by vouchers and proofs as are required ordinarily to support accounts against the United States, the same shall be audited and paid by the proper officers out of any money in the Treasury not otherwise appropriated.
Which was disagreed to-yeas 7, nays 30, as follows:
YEAS-Messrs. Buckalew, Carlile, Davis, Powell, Riddle, Saulsbury, Wright-7.
NAYS-Messrs. Chandler, Clark, Collamer, Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harding, Harlan, Harris, Henderson, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Ramsey, Sherman, Sumner, Ten Eyck, Van Winkle, Wade, Willey, Wilson-30.
February 25-Mr. COLLAMER moved to amend by adding to the resolution the following:
All persons enlisted or mustered into service as volunteers under the call dated October 17, 1863, for three hundred thousand volunteers, who were at the time of enlistment actually, and for six months previous had been, resident inhabitants of the State in which they volunteered, shall receive from the United States the same amount of bounty without regard to color: Provided, however, That the foregoing provision shall not extend to any State which the President by proclamation has declared in a state of insur
Mr. SUMNER moved to amend the amendment by adding the words:
And provided also, That all persons whose papers of enlistment show that they were enlisted under the act of Congress of July, 1861, shall receive from the time of their enlistment the pay promised by that statute.
Which was disagreed to-yeas 6, nays 31, as follows:
YEAS-Messrs. Clark, Collamer, Conness, Dixon, Doolittle, Foot, Foster, Hale, Harding, Howard, Lane of Kansas, Morgan, Morrill, Pomeroy, Sprague, Sumner, Ten Eyck, Van Winkle, Wilson-19.
NAYS-Messrs. Buckalew, Chandler, Davis, Grimes, Harlan, Harris, Henderson, Hendricks, Howe, Johnson, Lane of Indiana, Nesmith, Powell, Ramsey, Saulsbury, Wilkinson, Willey, Wright-18.
Feb. 29-The bill was recommitted to the Committee on Military Affairs, and again reported amended.
YEAS-Messrs. Davis, Johnson, Nesmith, Powell, Riddle, Wright-6.
NAYS-Messrs. Anthony, Brown, Buckalew, Chandler, Clark, Collamer, Conness, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harding, Harlan, Harris, Howard, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sumner, Ten Eyck, Van Winkle, Wade, Wilkinson, Willey, Wilson-31.
Mr. DAVIS offered an additional section:
That in every case where heretofore any person has agreed to join, and has in fact joined, or hereafter may join, the military service of the United States, and has been received into the said service by any military officer thereof the person so joining and received into such service shall, for all purposes whatever, be deemed to have been regularly mustered into said service in the position of officer, non-commissioned officer, or private, in which he may have served, notwithstanding he may not have been mustered in according to law and the regulations of the War Department.
Which was lost-yeas 7, nays 29, as follows:
That all persons of color who have been or may be mustered into the service of the United States shall receive the Which was agreed to-yeas 19, nays 18, as rations, medical and hospital attendance, pay and emolusame uniform, clothing, arms, equipments, camp equipage, follows:
ments, other than bounty, as other soldiers of the regular or volunteer forces of the United States of like arm of the
service, from and after the 1st day of January, 1864, and into the service shall receive such sums in bounty as the that every person of color who shall hereafter be mustered President shall order in the different States and parts of the United States, not exceeding one hundred dollars.
That all persons enlisted and mustered into service as volunteers under the call dated October 17, 1864, for 300,000 volunteers, who were at the time of enlistment actually enrolled and subject to draft in the State in which they volunteered, shall receive from the United States the same amount of bounty, without regard to color.
That all persons of color, who have been enlisted and mustered into the service of the United States shall be entitled to receive the pay and clothing allowed by law to other volunteers in the service from the date of their muster into the service: Provided, That the same shall have been pledged or promised to them by any officer or person who, in making such pledge or promise, acted by authority of the War Department; and the Secretary of War is hereby authorized to determine any question of fact arising under this provision.
March 10-Mr. DAVIS offered a new section: That for every slave or slaves that may have been heretofore, or may hereafter, be taken into the service of the United States, the loyal owner or owners of such slave or slaves shall be entitled to their fair and reasonable value, to be ascertained by three commissioners to be appointed by the United States district court for the district from which such slave or slaves may have been taken. And said commissioners shall take evidence and report on the points of the loyalty and ownership of the claimants, and the value of such slave or slaves; and when said report is confirmed by the district court aforesaid, it shall be con-white recruits: Provided, That the Secretary of War shall clusive on the points embraced by it; and on the presenta- previously give his assent to the same. tion of an authoritative copy of said report to the Treasury Department, any sum or sums therein appearing to be due any loyal owner or owners shall be paid out of any money in the Treasury not otherwise appropriated.
That the same premium shall be allowed for each colored recruit now mustered, or hereafter to be mustered, into the service of the United States, as is or shall be allowed for
Which were agreed to-yeas 31, nays 5, as follows:
YEAS-Messrs. Anthony, Brown, Clark, Collamer, Conness,
Pending the army appropriation bill,
1864, April 22-Mr. WILSON offered these resolutions:
Cowan, Dixon, Doolittle, Fessenden, Foster, Grimes, Hale, Harding, Henderson, Howard, Howe, Johnson, Lane of Indiana, McDougall, Morgan, Morrill, Pomeroy, Ramsey, Sher man, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Willey, Wilson-31.
NAYS-Messrs. Buckalew, Davis, Hendricks, Powell, Saulsbury-5.
Mr. DAVIS moved to add these words as a new section:
That when the existing insurrection and rebellion shall have been suppressed, and the authority and laws of the United States shall have been re-established in the States where the people are in rebellion, all negroes then in the military service of the United States shall thereupon be discharged from such service.
Which was disagreed to-yeas 10, (Messrs. Buckalew, Carlile, Cowan, Davis, Henderson, Hendricks, Johnson, McDougall, Powell, Saulsbury,) nays 27.
Mr. HENDRICKS offered a new section:
That the pay of the soldiers and non-commissioned officers of the army of the United States shall hereafter be fifty per cent. greater than is now allowed by law: Provided, That the pay of non-commissioned officers shall not exceed twenty-two dollars per month.
YEAS-Messrs. Buckalew, Carlile, Davis, Hendricks, Lane of Indiana, Powell-6.
Which was disagreed to-yeas 6, nays 30, as osition of the Senate : follows:
NAYS-Messrs. Anthony, Brown, Chandler, Clark, Collamer, Conness, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harding, Henderson, Howard, Howe, Mc Dougall, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sumner, Ten Eyck, Trumbull, Wilkinson, Willey, Wilson -30.
The army appropriation bill was then passed -yeas 36, nay 1, (Mr. Powell.)
April 30-The House Committee on Military Affairs proposed to amend by substituting a bill, making these changes. May 1st was fixed as the date of increased pay; the bounty to be given to those colored soldiers enlisted under the call of Oct. 17, 1863, is limited to $100; and these two sections are substituted for the Senate's last two:
That in every case where it shall be made to appear to the satisfaction of the Secretary of War, that any regiment, or any battery, or any company of cavalry, of colored troops, has been enlisted and mustered into the service of the United States, under any authorized assurance given by any officer or agent of the United States, or by any Governor of any State, authorized thereto by the President or the Secretary of War, that the non-commissioned offcers and privates of such regiment, battery, or company, should be paid the same as other troops of the same arm of the service, then they shall be so paid for the period of time counting from the date of their being respectively mustered into the service to the 1st day of May, A.D. 1864.
That there may be reserved at the discretion of the Secretary of War, and under such regulation as he may prescribe, a portion of the pay of any colored soldier, not exceeding in any case more than one-third thereof, to be applied to the support of the family of such soldier, or of other near relatives dependent on him for support.
Mr. HOLMAN moved to strike from the section the word "pay," which was lost-yeas 53, nays 85.
ley, Francis W. Kellogg, Orlando Kellogg, Loan, Longyear, Marvin, McBride, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Odell, Charles O'Neill, Orth, Patterson, Perham, Pomeroy, Price, Alexander H. Rice, John H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, Spalding, Stevens, Thayer, Upson, Ellihu B. Washburne, William B. Washburn, Williams, Wilder, Wilson, Win
A division of the question was called; the first amendment of the House was disagreed to; and that of the Senate-being the first paragraph of bill passed, April 22, above-was agreed to-yeas 80, nays 51, as follows:
NAYS-Messrs. James C. Allen, Ancona, Brooks, William G. Brown, Chanler, Clay, Cor, Dawson, Denison, Eden, Eldridge, Finck, Grider, Hall, Harding, Harrington, Charles M. Harris, Herrick, Holman, Kernan, King, Knapp, Law, Lazear, Le Blond, Long, Marcy, Mc Dowell, Mc Kinney, William H. Miller, James R. Morris, Morrison, Nable, John O'Neill, Perry, Samuel J. Randall, Robinson, James & Rollins, Ross, Scott, Smith, John B. Steele, Stiles, Strom,
Voorhees, Whaley, Wheeler, Chilton A. White, Joseph W. White, Fernando Wood, Yeaman-51.
The second amendment of the Committee (with regard to bounty) was agreed to, and the Senate amendment, as amended, was agreed to-yeas 79, nays 52.
The third and fourth House amendments were The following amendment was disagreed to. then adopted as a substitute for the third prop
That all free persons of color who have been or may be mustered into the military service of the United States shall from the date of their enlistment receive the same uniform, clothing, arms, equipments, camp equipage, rstions, medical and hospital attendance, pay and emoluments, and bounty, as other soldiers of the regular or volunteer forces of the United States of like arm of the service.
Yeas 73, nays 55. The NAYS were
Messrs. James C. Allen, Ancona, Anderson, Augustus_C.
Baldwin, Jacob B. Blair, Brooks, William G. Brown, Chanler Clay, Cox, Cravens, Dawson, Eden, Eldridge, Finck, Gansom Grider, Griswold, Hall, Harding, Harrington, Benjamin G. Harris, Charles M. Harris, Herrick, Holman, Philip Johnson, Kernan, King, Knapp, Law, Le Blond, Long, Marcy, William H. Miller, James R. Morris, Morrison, Noble, John O'Neill, Perry, Radford, Robinson, James S. Rollins, Rosz, Scott, Smith, John B. Steele, Stiles, Strouse, Voorhees, Wha ley, Wheeler, Chilton A. White, Joseph W. White, Fernando Wood, Yeaman-55.
That in every case where it shall be made to appear to the satisfaction of the Secretary of War that any regiment of infantry, or any battery, or any company of cavalry, of colored troops has been enlisted and mustered into the ser vice of the United States, under any authorized assuranes given by any officer or agent of the United States, or by any Governor of any State authorized thereto by the Pres ident or the Secretary of War, the non-commissioned offcers and privates of such regiment, battery, or company shall be paid the same as other troops of the same arm of the service, then they shall be so paid for the period of time counting from the date of their being respectively mustered into the service to the 1st day of January, 1864: Provided, however, That this section shall not be construed to prevent like payment to other colored troops from the time of their being mustered into the service, if such shall be held by the proper authority to be their right under the law.
Which was rejected-yeas 25, nays 121. The YEAS were:
Clark, Thomas T. Davis, Farnsworth, Garfield, Griseld, Messrs. Baily, Boyd, William G. Brown, Ambrose W. Hooper, Kasson, Schenck, Shannon, Smith, Smithers, Thomas, Tracy, Whaley, Woodbridge-25.
ANOTHER CONFERENCE REPORT.
June 10-The second Committee of Confer
YEAS-Messrs. Alley, Allison, Ames, Anderson, Arnold,
That all persons of color who were free on the 19th day of
April, 1861, and who have been enlisted and mustered into
in military service of the United States. The chaplain declines to receive anything less."
The 54th regiment of Massachusetts volunteers was organized in the same manner as were other regiments of State volunteers under the following order of the War Department, dated January 26, 1863, viz:
"Ordered, That Governor Andrew, of Massachusetts, is authorized, until further orders, to raise such number of volaccord-unteer companies of artillery for duty in the forts of Massachusetts and elsewhere, and such corps of infantry for the volunteer military service, as he may find conveni
June 11-It was concurred in, without divis-ent, such volunteers to be enlisted for three years or until ion in the Senate. sooner discharged, and may include persons of African de
June 13-The report was adopted in the scent, organized into separate corps. He will make the usual needful requisitions on the appropriate staff bureaus House-yeas 72, nays 58, as follows: and officers for the proper transportation, organization, supplies, subsistence, arms, and equipments of such vol unteers." "EDWIN M. STANTON, "Secretary of War."
YEAS-Messrs. Allison, Ames, Anderson, Arnold, Ashley, Baily, Baxter, Beaman, Blaine, Bloir, Blow, Boyd, Brandegee, Ambrose W. Clark, Cobb, Cole, Thomas T. Davis, Dixon, Donnelly, Driggs, Eckley, Fenton, Frank, Garfield, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Ingersoll, Jenckes, Julian, Kelley, Francis W. Kellogg, LitI do not know that any rule of law, constitutional or tlejohn, Loan, Longyear, Marvin, McClurg, McIndoe, Sam- statutory, even prohibited the acceptance, organization, uel F. Miller, Moorhead, Morrill, Daniel Morris, Amos and muster of "persons of African descent" into the mili Myers, Leonard Myers, Norton, Charles O'Niell, Orth, Pat-tary service of the United States as enlisted men or volunterson, Perham, Pike, Price, John H. Rice, Scofield, Shan- teers. But whatever doubt might have existed on the non, Smith, Smithers, Spalding, Starr, Stevens, Thayer, subject had been fully resolved before this order was issued, Thomas, Tracy, Upson, Van Valkenburgh, Webster, Wil- by the eleventh section of the act of 17th July, 1862, chapliams, Wilder, Wilson, Windom, Woodbridge-72. ter 195, which authorized the President to employ as many persons of African descent as he might deem necessary and proper for the suppression of the rebellion, and for that Da-purpose to organize and use them in such manner as he may judge best for the public welfare, and the twelfth section of the act of same date, chapter 201, which authorized the President to receive into the service of the United States for the purpose of constructing entrenchments, or performing camp service, or any other labor, or any military or naval service for which they might be found competent, persons of African descent, such persons to be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President might prescribe.
NAYS-Messrs. James C. Allen, William J. Allen, Alley,
The 54th Massachusetts regiment was therefore organized and mustered into the service of the United States under
clear authority of law.
But the fifteenth section of the act of 17th July, 1862,
1863, Dec. 14-Mr. LOVEJOY moved that the Committee on Military Affairs be instructed to inquire into the expediency of placing, in any bill or bills they may report on the subject, all regular enlisted soldiers on the same foot-that act shall receive the pay and rations then allowed by ing as to pay without distinction of color.
chapter 201, after directing that all persons who have been
or shall be enrolled in the service of the United States under
Mr. Cox moved to table the motion; which was disagreed to-yeas 68, nays 87.
law to soldiers, according to their respective grades, contains this proviso: "That persons of African descent who under this law shall be employed shall receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing."
The resolution was then adopted. 1864, May 16-Mr. RICE, of Maine, introduced a bill for the enrollment, organization, and service of certain persons of African descent in the militia of the several States; which was referred to the Committee on the Militia.
vice of the United States" as private soldiers are included Whether persons of African descent "enrolled in the serwithin the words "persons of African descent who under this law shall be employed," thereby limiting their pay as soldiers to ten dollars a month, is not the question you have submitted to me; for Mr. Harrison was not a private soldier, but an officer, serving under the commission of the Governor of Massachusetts, the authenticity and validity of which were recognized and admitted by the United OPINION OF ATTORNEY GENERAL BATES ON PAYING States when he was mustered into its service. But the A COLORED CHAPLAIN.
question is, can a person of African descent lawfully hold the office and receive the pay of chaplain of a volunteer regiment in the service of the United States?
I have already said that I knew of no provision of law, constitutional or statutory, which prohibited the acceptance of persons of African descent into the military service of the United States; and if they could be lawfully accepted as private soldiers, so also might they be accepted as commissioned officers, if otherwise qualified therefor. But the express power conferred on the President by the eleventh section of the act of 17th July, 1862, chapter 195, before cited, to employ this class of persons for the suppression of the rebellion as he may judge best for the public welfare, furnishes all needful sanction of law to the employment of a colored chaplain for a volunteer regiment of his own race. Nor is any prohibition of the employment of such person found in the statutes which declare the qualifications of chaplains. The ninth section of the act to authorize the employment of volunteers, &c., of 22d July, 1861, chapter 9, provides that there shall be allowed to each regiment one chaplain, who shall be appointed by the regimental commander on the vote of the field officers and company commanders on duty with the regiment at the time the appointment shall be made. The chaplain so appointed must be a regularly ordained minister of a Christian denomination, &c. The seventh section of the act of 3d August, 1861, chapter 42, for the better organization of the
ATTORNEY GENERAL'S OFFICE, April 23, 1864. SIR: You have done me the honor to refer to me a communication to yourself from his excellency John A. Andrew, Governor of Massachusetts, with accompanying papers, relative to the claim of Rev. Samuel Harrison for pay as chaplain of the 54th regiment of Massachusetts
You have requested my opinion whether the paymaster should have paid as demanded, and, if he should, whether it is your duty to order him to do so.
It appears by Governor Andrew's letter and the other papers that Mr. Harrison, who is a colored man, was duly elected, and on the 8th day of September, 1863, commissioned by Governor Andrew as a chaplain of the 54th regiment of Massachusetts volunteers in the service of the United States; that on the 12th of November, 1862, he was mustered and accepted into the service of the United States at Morris island, South Carolina, by the proper mustering officer, and actually performed the duties of chaplain of that regiment then and since serving in South Carolina. On demanding his pay as chaplain, he was met by the following refusal in writing, signed by the paymaster at Hilton Head:
"Samuel Harrison, chaplain of the 54th regiment Massachusetts volunteers, (colored troops,) asks pay at the usual rate, $100 per month and two rations, which, he being of African descent, I decline paying, under act of Congress passed July 17, 1862, employing persons of African descent
military establishment, declares that one chaplain shall be allowed to each regiment of the army, to be selected and appointed as the President may direct, provided that none but regularly ordained ministers of some Christian denomination shall be eligible to selection or appointment. The eighth section of the act of 17th July, 1862, chapter 200, declares that the two sections last cited shall be construed to read as follows:
"That no person shall be appointed a chaplain in the United States army who is not a regular ordained minister of some religious denomination, and who does not present testimonials of his present good standing as such minister, with a recommendation for his appointment as an army chaplain from some authorized ecclesiastical body, or not
less than five accredited ministers belonging to said religious
The closest inspection of these provisions will discover nothing that precludes the appointment of a Christian minister to the office of chaplain because he is a person of
African descent. I therefore conclude that Mr. Harrison
was the lawfully appointed and qualified chaplain of the 54th Massachusetts regiment.
The ninth section of the act of the 17th July, 1862, chapter 200, provides that thereafter, the compensation of all chaplains in the regular or volunteer service or army hospitals shall be one hundred dollars per month and two rations a day when on duty. Was Mr. Harrison entitled to this rate of compensation, or was he limited to the pay of ten dollars a month and one ration, fixed by the proviso to the fifteenth section of the act of 17th July, 1862, chap
While it is true that the words of the twelfth section are broad enough to embrace all persons of African descent who may be received into the military or naval service of the United States, it is yet quite evident from the terms of the whole section, as well as from the promise of freedom held out to such persons who were slaves, in the thirteenth section, that in limiting their pay to ten dollars a month and one ration, Congress had in view the class who were fitted only for the humbler kinds of service referred to, and not persons who, under the authority of other laws, might be appointed to positions requiring higher qualifications, and entitled to a higher rate of pay. To assume that because Mr. Harrison is a person of African descent he shall draw only the pay which this law establishes for the class it obviously refers to, and be deprived of the pay which another law specifically affixes to the office he lawfully held, would be, in my opinion, a distortion of both laws, not only unjust to him, but in plain violation of the purpose of Congress.
I therefore think that the paymaster should have paid Mr. Harrison his full pay as chaplain of a volunteer regi
PROTECTION OF COLORED SOLDIERS.
The Government of the United States will give the same protection to all its soldiers; and if the enemy shall sell or enslave any one because of his color, the offence shall be pun
in our possession.
It will be observed that this proviso declares that ten dollars a month and one ration shall be received by persons of African descent employed under the law of which it is a part, viz., the act of 17th July, 1862, chapter 201. Now, we have seen that it is not necessary to resort to that law to find authority for the appointment of Mr. Harrison as chap-ished by retaliation upon the enemy's prisoners lain, for, apart from the authority which might be presumed to exist prior to the enactment of any of these statutes, the eleventh section of the act of 17th July, 1862, chapter 195, sufficiently warranted it. To bring him, then, within the sweep of this proviso, and thus withdraw him from the reach of the act which specifically fixes the pay of the class of officers to which by clear law he belongs, would violate the plainest principles of construction. The act, of which the proviso is a part, was not intended, in my opinion, either to authorize the employment or fix the pay of any persons of African descent, except those who might be needed to perform the humble offices of labor and service for which they might be found competent. The twelfth section authorizes them to be received into service for the purpose of constructing entrenchments, or performing camp service, or any other labor, or any military or naval service for which they might be found competent. The thirteenth section declares that when any man or boy of African descent, who, by the laws of any State, shall owe service or labor to any person aiding the rebellion, shall render such service as this act provides for, he, his mother, wife and children shall be free thereafter, with certain exceptions. And the fifteenth section fixes their pay as before stated.
It is therefore ordered that for every soldier of the United States killed in violation of the laws of war, a rebel soldier shall be executed; and for every one enslaved by the enemy, or sold into slavery, a rebel soldier shall be placed at hard labor on public works, and continued at such labor until the other shall be released and receive the treatment due to a prisoner of ABRAHAM LINCOLN. By order of Secretary of War. E. D. Townsend, Assistant Adjutant General. FROM THE RULES OF WAR ADOPTED BY THE GOVERNMENT.
Your attention having been specially called to the wrong done in this case, I am also of opinion that your constitutional obligation to take care that the laws be faithfully executed makes it your duty to direct the Secretary of War to inform the officers of the pay department of the army that such is your view of the law, and I do not doubt that it will be accepted by them as furnishing the correct rule for their action.
I am, sir, very respectfully, your obedient servant,
[General Orders No. 252.]
WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE WASHINGTON, July 31, 1863. The following order of the President is pablished for the information and government of all concerned :
EXECUTIVE MANSION, WASHINGTON, July 30, 1863. It is the duty of every Government to give protection to its citizens, of whatever class, color, or condition, and especially to those who are duly organized as soldiers in the public service. The law of nations, and the usages and customs of war, as carried on by civilized treatment of prisoners of war as public enepowers, permit no distinction as to color in the mies. To sell or enslave any captured person, on account of his color, and for no offence against the laws of war, is a relapse into barbarism, and a crime against the civilization of the age.
57. So soon as a man is armed by a sovereign Government, and takes the soldier's oath of fidelity, he is a bel ligerent; his killing, wounding, or other warlike acts are no individual crimes or offences. No belligerent has a right to declare that enemies of a certain class, color, or condition, when properly organized as soldiers, will not be treated by him as public enemies.
58. The law of nations knows of no distinction of color, and if an enemy of the United States should enslave and sell any captured persons of their army, it would be a case for the severest retaliation, if not redressed upon complaint. The United States cannot retaliate by enslavement; there fore death must be the retaliation for this crime against the law of nations.
THE PRESIDENT'S SPEECH AT THE BALTIMORE FAIR,
LADIES AND GENTLEMEN: Calling it to mind that we are in Baltimore, we cannot fail to note that the world moves. [Applause.] Looking upon the many people I see assembled here to serve as they best may the soldiers of the Union, it occurs to me that three years ago those soldiers could not pass through Baltimore. I would say, blessings upon the men who have wrought these changes, and the ladies who have assisted them. [Applause.] This change which has taken place in Baltimore is part only of a far wider change that is taking place all over the country. When the war commenced three years ago, no one expected that it would last this long, and no one supposed that the institution of slavery would be materially affected by it. But here we are. [Applause.] The war is not yet ended, and slavery has been very materially affected or interfered with. [Loud applause.] So true is it that man proposes and God disposes.
The world is in want of a good definition of the word liberty. We all declare ourselves to be for liberty, but we do not all mean the same thing. Some mean that a man.