The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-10-01
The Enlistment of ,laves.
Judge Hollis Opinion on the Lega
Question.

VI wv A0Nh AhoNI 9na AuAAhAl NunNuE III
his views, which sre certainly presented
with much force.
The right OF the Government TO en-
ploy for the suppression of the rebellion
persons of African descent held to SER
vice or labor under the local law, rests
firmly on two distinct grounds First,
as Property. Both our organic law, and
the uaages of our institutions under il,
recognize fully the authority of the Gov
ernment to seize and apply to public use
private property, on making cOmpensa-
tlon therefor What the use may be TO
which it ia to be applied does not enter
into the question of the right to make
the seizure, which is untrammeled 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 "per-
sons" They are referred TO 60 nomine
in the Constitution of the United States,
and it is not as property but as "per-
sons that they are represented on the
floor of Congress, and thus form prom
inent constituent element alike in the
organization and in the practical admin
istration of the Government
The obligation of 81 persons, irrespec-
tive of creed or color, to bear arms, if
physically capable Of doing so, in defense
of the Government under which they
live, and by which they are protected, is
one that is universally acknowledged and
enforced. Corresponding to this obliga-
tion is the duty resting on those charged
with the administration of the Govern
ment, to employ such persons in the mill
itary service whenever the public safety
may demand it. Congress recognized
both this obligation on the one hand and
this duty on the other, when by the 18th
section Of the act of 18th July, 1862, i
was enacted that "the President be and
he is hereby authorized to receive into
the service of the United States, for the
purpose 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, aud such
persons shall be enrolled and organized
under such regulations, not inconsistent
with the Constitution and laws, as the
President may prescribe"
The terms of this act are without re-
strictioD, and no distinction is made, or
was intended to be made, between per-
sons of African descent held to service
or labor, and those not so held.
The President is empowered to receive
them all into the military service, aud to
assign them such duty as they may be
found competent to perform. Tue tena
cious and brilliant valor displayed by
troops of this race at Port Hudson, Mill.
ken's Bend, and Fort Wagner, has sufii-
Gle tly demonstrated TO the Presld Mt
and 10 the country the character of SER
vice Of which they are capable In the
Interpretation given to the enrolment
act, free persons of African descent are
treated as "citlzens of the United States"
in the sense of the law, aud are every
where being drafted into the military
service.
In reference 10 the other class of per
sons of this race-thOse held to service
or labor-the 18th section of the act of
18th of July is still in full force, and the
President may in his discretion receive
them into the army and assign them
such field of duty as he may deem them
prepared to occupy. In view OF the 10y
atty of this race, and of the obstinate
courage which they have shown them
selves TO possess, they certainly consti-
tute at this crisis in our history a most
powerful and reliable arm of the public
defence. Whether this arm shall now
be exerted ia not question of power or
right, but purely of policy, TO be deter
mined by the estimate which may be en-
tertained of the conflict in which we are
engaged, and Of the necessity that press
es to bring this waste of blood and trea-
sure to a close. A man precipitAted in
to a struggle for his life, on land or sea
instinctvely and almost necessarily puts
forth every energy with which be is en-
dowed, 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 preservation, from
which is derived our most urgent anC
solemn duties That there exists a pre-
judice against the employment of sol
diers of African descent, is undeniable
it is, however, rapidly giving way aut
never had any foundation in reason ant
loyalty. 1t originated with and ha
been diligently nuctured by those il
sympathy with the rebellion, and its ut
terance at this moment is necessarily il
tue interests of treason.
Should the President feel that the pub
lie interests require he shall exert th
power with which he 10 clothed by tn
18th section of the act Of 18th of July
his action should be in subordination I
the constitutional principle which exact
that compensation shall be made for pri
vate property devoled 30 the public use
A just compensation to loyal claimant
10 the service or labor of persons Of Atri
can descent enlisted in our army, woul
accord with the uniform practice OF IN
Government and with the genius OF OF
institutions
Soldiers of this class, after hayin
perilled their lives in defence OF the Re
public, could not be re-enslayed withol
a national disbonor revolving aud uner
durable for an who are themselves wor
thy TO be free. The compensation mad
therefore, should be such as entirely
exhaust the interest of claimants
that when soldiers OF this class lay dow