Daily union appeal. (Memphis, Tenn.) 1862-186?, 1862-08-28

10 the Assessors or -
GENTLEMEN: Your letter inquiring why
the recent order Of his excellency provides
that the new enrolment shall include the
names of colored as we'll as white citizens, sd
mits of d brief and simple answer.
'ETbe general government has authority to
determine who may and who may not compose
the militia. and, having so determined, the state
government has no legal authority TO prescribe
a different enrolment" re- Gray, 6I5.l Such
was the language of the justices of The Su-
preme Court of Massachusetts in reply to Ger
tain questions proposed 10 them by the Cover
nor and Council IN December, 1859, after the
legislature struck out the word iohite from the
militia law Of Massachusetts,, an alteration in
consequence of which Gov. Banks was con-
strained to veto the whole body of the general
statutes. And the application Of this wen
settled constitutional principle is decisive of
the question which now exercises your minds.
An act of Congress parsed in May, 1892
requires that each and every free ablebodied
white male citizen of the respective states,
resident therein, who is or shall be of the age
of eighteen years and under the age of forty
five years Except as is hereinafter excepted J
shall severally and respectively be enrolled in
the militia etc. While this law was in force
none but white men could be enrolled, and
the veto by which Gov. Banks thwarted at
tempts.to enroll Others was sustained alike by
principle and authority. But nm aes Of Con-
gress passed July Is, 1862, materially alters
the previously existing laws of the United
States, viz, those Of 792 and 1895, and pro-
vides that " the enrolment OF the militia shall
III all cases include ali ablebodied male citizens
between the ages Of eighteen and forty III We,
and shall be apportoned among the States &C
cording to representative population"
The regulations issued by the War Depart
= - IN. IL -,
hundred thousand militia, August ., 1862, con-
tsins the following order:
"Third. The Governors Of the respective
states will cause al enrolment to be made
forthwith by the assessors of the several coun-
ties, or by any other officers, to be appointed
by such governors Of al able bodied male cit.
liens between the ages Of eighteen and forty.
five within the respective counties, giving the
name, age and occupation Of each, together
with remarks showing whether he is in the
service of the United States, and in what ca.
pacity, and any other facts which may deter
mine his exemption from military duty"
1t thus appears, that al the able bodied mai.
citizens Of The respective states are to be enrolled
in the militia Of the United States and that
Congress and the War Department both leave
out the word ssIite from the description of the
class to be enrolled, an omission which car
hardly be supposed to have been academia
when it is considered how recently and ire
quently the subject has been extensively dis
cussed.
The same obedience to constitutional Law
which requires the ensctment TO be confined t.
white citizens while the act of 1872 remained
unaltered, now renders it obligatory upon the
assessors to enroll all citizens within the pre-
scribed ages of whatever complexion. ThC
authorities Of Massachusetts, have no more
right to diminish its quota of troops by refus
ing to enroll black men, than they would havt
to reduce the age 1T which the obligation o.
military service terminates, from forty Ave Il
forty years.
The only possible question now open il
whether colored men are citizens Of Massachu
sets, which, no one l presume will have th'
hardihood to deny, inasmueh as they are tax
payers, voters, jurors and eligible to office, anC
there is no inequality founded upon distinc
tions Of races known to our law.
Very respectfully,
Your obedient servant,
DWIGHT FOSTER.