New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-05-05
PAY OF CoLONED OFFICERS Ann
0OLDIEH0.
Opinion Of Attorney. General Bates.
ArroRyIY.GESEHAL's OYYlcR. Ann, Q, ,asl


John A. Andrew, Governor Of Massachusetts with A.
compsnying papers relative TO the claim Of the Rsv
Samuel Harrison for pay a. Chaplain Of the Hth Rsai
ment Of Massachusetts, Volunteers.
1t appears by Gov. Andrews letter and the other IA
pers that Mr. Harrison, who is colored man was dpiv
elected. and, ths eth day Of September 1883 com
missioned by Gov. Andrew, as Chaplain Of the 5Ith
Regiment Of Massachusetts, Volunteer In the service
OF the United States; that on the 10Th OF November
1903 he mustered and accepted into the service ~
the United States OF Morris Island South Carolina by
the proper mastering officer and actually performed
the duties Of Chaplain Of that regiment then and since
serving in South Carolina. On demanding his pay a.
Chaplain. the 18th of February, 1864 he met by
tho following refusal in writing signed By the Psyna
ter at Hilton Head:
Samuel HARRISON Chaplain 81 tho s4th Regimen. Mass.
chu'es Volunteer. teslored troop asks pay 81 the um
descent decline paying under act Of Congress paced
July H. 1852 employing persons Of African descent in military
anything less"
fou have requested my opinion whether the Paymns
ter should have paid demanded. and II DO yhopld
whether 1t is yonr duty TO order him 10 do so.
| The Hth Regiment Of Massachusetts Volunteers was
organized In the same manner were other regiments
OF State volunteers under the following order OF the
War Department, dated January 20 1868 viz,
Ordered, That Governor Andrew Of Massachusetts, u
authorized until further orders TO raise such number Of
volunteer companies OF artillery for duty in the forts Of
Massachusetts and elsewhere and such CORDS Of infantry
for the volunteer military service he may find con.
yenient such volunteers TO be enlisted for three years
or an sooner discharged, and may include persons Of
African descent. organized into separate corps He
will MAKE the usual needtul acquisitions the appro-
pirate staff bureaus and officers for the proper Transports
ton. organization supplies subsistence eQup.
ments Of such volunteers.
EDWIN NJ. STANTON, Secretary of War
do not know that any rule Of law, constitutional or
statutory, ever prohibited the acceptance organiza
ton and muster OF persons OF African descent" into
the military service OF the United States a. enlisted
men or volunteers But whatever doubt might have
existed on the subject had been fully resolved before
this order issued by the nth section Of the act Of
18th July 1862 chapter 1886 which authorized the Pres
ident to employ as many persons OF African descent -
be might deem necessary and proper for the suppress
sion Of tho Rebellion. and for that purpose 70 organise
and use them In such manner as he might Judge best
for the public wefare and the 18th section OF the act
OF same date chapter 20 which authorized the Pres.
dent receive into the service Of the United States
for the purpose Of constructing intrenchments or per-
forming camp service or any other labor or any mill
tary naval service for which they might be found
competent persons of African descent such persons 70
bc enrolled and organized under such regulations. net
inconsistent with tho Constitution and laws "a the
President might prescribe.
The 54th Massachusetts Regiment was. therefore
organized and mustered into tho service Of the United
States under clear authority oflaw.
But the 18th section Of tie act Of July IL, 1862. chap
20 atcr directing that all persons who have been or
shall be enrolled in the service OF the United States
under that act shall receive the pay and raons then
allowed by law TO soders according 10 their respeo.
tive grades contains this proyiso THAT persons Of
African descent who. under this law, shall be EN-.
ployed shall receive $40 per month and one ration -
OF which monthly pay may be In clothing"
Whether persons OF African descent enrolled in the
service OF the United States private soldiers in
cluded within the words persons Of African descent
vino under this law shall be employed" thereby limit.
ing their pay soldiers TO ten dollars month 10 not
tho question you have submitted 10 me. For M Han.
rson was not private soldier but an officer serving
under the commission Of the Governor Of Massachas
sets the authenticity and validity Of which we're recog
nxed and admitted by the United States when be was
mustered into It's service But the question is Can 9
person Of African descent lawfully hold the Office and
receive the pay of Chaplain Of volunteer regiment IL
the service Of the United Ststesf
have already said that know Of no provision d
law constitutional or statutory, which prohibited the
acceptance Of persons Of African descent into the mill
tary service Of the United States and II they could be
lawfully accepted private soldiers so also might they
be lawfully accepted as commissioned officers other.
wise qualified therefor. But the express power con.
erred the President by the llh section Of the set
Of nth OF July. 1861 chapter 1876 before cited TO EN-.
poy this class Of persons for the suppression OF the Ke
teiLon AZ ba may best Judge FOR the public welfare.
furnishes all needed sanction OF law to the employment
of colored chaplain for volunteer regiment Of As
own race.
Nor is any prohibition Of the employment Of such per-
son found In tho statutes which declare the quaoa
ton Of chsplains The ninth section Of the act 10 au-
horize the employment Of volunteers 60, Of 2d July
1901 chapter q pro, des that thers shall DO allowed 70
each regiment chaplain. who shall be appointed By
the regimental commander on the vote Of the field OIL
GERS and company commanders duty with the reg.
ment a, the time the appointment SHAH be made. Tbs
chaplain appointed must be regularly min.
lister ~ Christian denomination &c. The seventh
section Of the act Of Aug 1861 chapter a. for tho
better organization OF the military establishment de-
clares that chaplain shall be allowed 10 each feg.
ment Of the army 10 be selected and appointed as the
President may direct; provided. that but regu
laIly.ordained ministers Of Christian denomna-
ton shall be eligible 10 selection or appointment. Tho
eighth section OF the act Of July IT, 1862 chapter Ao
declares that the two sections last cited shall be ooa-
That no person shall be appointed Chaplain in the
United States Army who is not regularly ordained
minister Of some religious denomination. and who does
not present testimonials VI his present good standing 40
such minister. with recommendation for his appoint
men, army Chaplain from some authorized ecces-
astical body not less than five accredited minister's
belonging 10 said religion denomination.
The closest inspection Of these provisions win dr.
nothing that precades the appointment OF o
is person Of African descent therefore conclude
that Mr. Harrison was the lawfully appointed and quail
fed Chaplain OF the 54th Aassaceusetts Regiment.
The 9th section OF tho OF the nth July, 1902 chap
ter 600 provides that thereafter the compensation Of Al
Chapiains In the Regular Volunteer service army
hospitals shall be sioo per month and two ratons par
day when on duty. Wes Mr. Harrison entitled 10 thic
rate Of compensation he limited TO the pay OF
$40 month and one ration fixed by the provso TO the
18th section OF the act OF nth July 1902 chapter 2oli
month and fson .a be
African descent employed under the law OF which It 70
part viz: thu act OF nth July 1852, chap SOL Now
law to find authority for the appointment Of M Harm
son as chaplain for. apart nom the authority whiee
might be presumed TO exist prior to the enactment q
any these statutes tho nth section OF the act OF lin
July 1862 chap 1876 sufficiently warranted IL. Tc
bring him. then within the sweep Of this pro'so. and
thus withdraw him from the reach Of the act whios
specifically res the pay Of the class Of officers TO which
BY clear law. he belongs, would violate the planext
principle Of construction The act OF which the provise
IL part not intended in my opinion, either 10 an.
horze the employment fix the pay Of any persons %
African descent except those who might be needed TO
perform the humblest Offices Of labor and service fof
which they might be found competent
The twelfth section authorizes them 20 be received
into service for the purpose OF constructing ntrencA.
ments performing camp services or any other labor