Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-08-23
ENROLMENT of Neg roes In Massachu'
HOIt0.

The Attorney. General of Massachusetts, ad-
dressed letter under date Of August Is, to
certain assessors in regard to the eDrOllment Of
colored men in that State. This letter, after
stating, In the language Of the Supreme Court
Of Massachusetts,, the general proposition that
"lhe General Government has authority to de-
termine who shall and who may not compose
the militia, and, having go determined, the
stAts Government has no legal authority to pre-
scribe different enrolment" refers to tho act
Of Congress passed in May, 1892, which required
:hat "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
aud under the sge Of forty.6ve years (except as
is hereinafter e1cepted), shall severally and re.
speotively be enrolled In the militia" etc.
While this law was In force none but white
men could be enrolledi "but," continues the
Massachusetts, Attorney General, "an act Of
Congress passed July II, 1862. materially alters
the previously existing militia laws of the Unit
ed States, viz, those Of l792 and 1895. aud pro-
vides that The enrOllmens of the militia shall
IN all cases include all ableboiled male citizens
between the ages of eighteen aud forty five, and
shall be appOrtioned among the States according
10 representative population.
The Attorney. General then quotes the follow
ing order from the regulations Issued BY the
War Department, August 9, 1862, for the eu-
rollment aud draft of three hundred thousand
militia.
Third. The Governors of the respective
5sates will Cause an enrolment TO be made
forthwith by the assessore OF the several coun
,ie4, or by any other officers, TO be appointed by
such Governors, OF all Gblsbodie6 male citxsns
between the ages OF eighteen and forty i've,
within the respective countieeI giving the name,
age and occupation Of each, together with re-
marks showing whether he is in the service of
soc United States, and In what capselty, and
any other faots which may determine his ex
emption from military duty.
Toe Massachusetts, Attorney General from
these premises deduces the following copclu-
sions;
Il thus appears that all abltbOdied male citi-
zens of The Tespsctipe States are 10 be enrolled In
Ghe militia of the United States, and that Con
gtess and che War Department both leave out
the word tchite from the description Of the class
TO be enrolled, an omission which can hardly be
supposed to have been accidental, when IL e
considered how recently ard frequently the sub
ject has been extensively discussed
Toe same obedience 20 constitutional law
which required the eDrollment 70 be confnei 70
white ciuzens, while the act Of 1872 remained
unalterfd, now renders il obligatory upon the
assessors to enroll all citizens within the pre-
ecribed ages, of whatever complexion. The
authorities OF Massachusetts have no more right
20 diminish its quota OF troops BY refusing to-
enroll black men than they would have to reduce
the age at which the obligation OF military ser-
Woe terminates, from forty-hve 70 forty years.
The only possible question now open is
whether colored men are citizens Of Massschn-
setts, which no one, presume, will have the
hardihood TO deny, inasmuch as they are tax
payers, voters, Jurors, and eligible to office, aud
theEe is no inequality founded upon distinction
of races knoEn TO our laws.
Very respectfully, your obedent servant,
DWIGHT FOSTER.
We leave the subject to be pOndered upon BY
the reader, with the single remark that If the
enrolment Of cOlorsd men islogal in any State,
it ia due to the legislation Of the present Con-
gress at its last session.