New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-02-05
PAY OF COLORED TROOPS.

bill, but it appears from the debate that it pro-
poses to pay the colored troops the arrears due
from the date of their enlistment. Such a
measure ought to have passed both Houses q
month ago. We observe with surprise that 1t
has elected opposition on the Republican side
of the Senate, and that Mr.. Fessenden of Maine
is its most prominent opponent. II is very
evident, however, that his objections TO the
measure spring not from disposition to do in
Justice TO the colored troops, but from misappre-
hension of the facts on which their clam Is
based.
Mr.. Fessenden says that the troops raiscd by
Gen. Hunter had no pledge from the Govern
ment on this point. He is mistaken. We
printed recently letter from an officer of coll
orcd troops, whose veracity We vouch for which
puts the matter beyond controversy. Those
troops volunteered under the explicit written
assurance from the War Department that they
should have the pay of white soldiers. :" 30
clear were the terms Of the contract" writes
this officer. "that Mr.. Solicitor Whiting, having
examined the original instructions from the War
Department issued to BrigadierGen. Saxton,
Military Governor, admits to me (under date OF
Dec. 4, 1863, that 'the faith of the Government
was thereby pledged to every officer and sol
der enlisted under that CALL" For FIVE months
those troops received the pay which they had
thus been promised. 1t was then cut down to
80 month. At the next payment By orders
from the War Department, it is to be reduced
to 81, and the previous excess of pay Is to be
deducted from their future wages, leaving them
little moro than dollar month for six months
TO come, unless Congress interfere. VIII Mr..
Fessenden consider it "loose mode Of legsla-
ton " to pass bill which shall prevent such an
outrage as thisi His objection is that there wac
no contract 1t is clear that there was, and in
writing. If there is still any doubt about it,
let Mr.. Solicitor Writings opinion be submitted
TO the Senate.
Mr.. Fessenden says that If unauthorized re-
cruitng officers" have undertaken TO pay
colored recruits more than $40 month, at
was from O msapprchension Of the law" He oil
course does not consider the Secretary OF War
and the Military Governor of South Carolina
unauthorized agents. Theirs is the promise on
which the recruits enlisted, and We submit that
if they mistook the law, it is not tho coiored
soldier who ought to suffer in consequence.
But there was no misapprchenson-at least at
that time. 1t arose subsequently when the
Secretary of War rcconsdcred his opinion and
resolved that he would pay only $40 month.
The legal question has been investigated by a
lawyer whose professional opinion Mr.. FeSsen-
den cannot but respective mean Gov. Andrew
Of Massachusetts,. In his message TO the
Legislature, at its special session in Noycm-
Der last, Governor Andrew reviewed the
whole question in its legal bearings, md
demonstrated that previously to the two statutes
Of July IL, 1862 on which the limitation OF pay
il based, the President Of the United States had
a perfect right to accept colored troops for the
military service Of the nation, whether as
regulars OF n volunteers; and there is nothing
in either Of those acts which in the least degree
affects the previously existing right. j, follows
that as the right to employ colored troops ex-
istcd, the right and the duty to pay them like
other troops must have accompanied 1t. And ii
follows further that inasmucl as the right 10
pay them like white troops did exist, 1t was un-
Just 70 offer to pay them less. 1t is forced
construction Of the statutes taken together
which now deprives these soldiers Of their right
full dues.
As to the troops, therefore, which were raised
in Gen. Hunters Department, We show that
there was an agreement by the proper military
to pay them white wages; that
those authorities had the legal right to make
such al agreement; that tho troops were en-
listed on the faith Of it; and that it has been
broken. 1t cannot be denied that it belongs to
Congress to repair-since the War Department
will not-the injustice that has been done.
AS to other colored troops, we presume there
will be no question that if part are to be paid
arrears, all should be paid on considerations OF
expediency, if on no other. The Massachusetts,
the North Carolina, and the Kansas colored reg
iments, we know were enlisted under the same
pledge from the War Department as the South
Carolina soldiers. Provision must be made Tor
these at any rate, or the negro is left TO believe
that the Government deliberately deprives him
of his pay. you pay these and not the others,
you half demoraze the force, and you prevent,
or at least seriously discourage, future enlist
mcnts-a point Of great Importance. Gen.
Gilmore has sent his superintendent of recruit
ing to urge, as a matter Of policy that these
arrears he maid Wa uroo a enualIv ms a mat