Year: 1863

JUDGE ADVOCATE GENERAL S OFFICE,


August 10Th, 1868.
Hon. E. H. Stanton, Sec'y of War:


SIR-I have read and careful lily con-
sidered the letter of Hon. Hugh L. Bond,
addressed to yourself under date of the
18th instant, and mainly concur in his
views, which are certainly presented with
much force ~ 9.-.r


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 law, rests firmly
on two distinct grounds:


First, as PROPERTY. Both our organ
ic law, and the usages of our institutions
under it, recognize fully the authority Of
the Government to seize and apply to
public use private property, on making
compensation therefor What the use
may be to which it is to be applied does
not enter into the question of the right
to make the seizure, which is untram-
meled in its exercise save by the single
condition mentioned. q


Second, 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 co nOmine,
in the Constitution of the United States,
and it is not property but . per
sons that they are represented on the
floor Of Congress, and thus form prom
inent element alike in the organization
and in the practical administration of
the Government


The obligation of all persons, irrespect-
i've of creed or color, to bear arms, if
physically capable of doing so, in defense
live, and by which they are protected, is
one that is universally acknowledged and
enforced. Corresponding to this obliga-
ton is the duty resting on those charged
with the administration Of the Govern
ment, to employ such persons in the
military service whenever the public
safety may demand it. Congress recog-
nized beth this obligation on the one
hand and this duty on the other, when
by the 18th section of the act of the 18th
of July, 1862, it was enacted that :" the
President be and he is hereby authorized
to receive into the service of the United
States, for the purpose of constructing
intrenchments, or performing camp SER
vice, or any other labor, or any military
or naval service, for which they may. be
found competent, persons of African de-
scent, and such persons shall be enrolled
and organized under such regulations,
not inconsistent with the Constitution
and Laws, as the President may pre-
scribe"


The terms of this act are without re-
striction, 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, and to
assign them such duty as they may be
found competent to perform. The tena-
cious and brilliant valor displayed by
troops of this race at Port Hudson, Mill
ken's Bend and Fort Wagner, has suf6-
ciently demonstrated to the President
and to the country the character of ser
Interpretation given To the enrolment
act, free persons of African descent are
treated as citizens of the United
States, in the sense of the law, and are
everywhere being drafted into the mill
tary service. -----~--


In reference to the other class of per
sons of this race-those held to service
or labor-the 18th section of the act O
the 18th of July is still in full force, and
the President may in his discretion re.
ceive them into the army and assigr
them such field of duty as he deems then
prepared to occupy. In view of the 10y
atty of this race, and of the obstinate
courage they have shown themselves tt
possess, they certainly constitute at this
crisis in our history most powerful ant
reliable arm of the public defense
Whether this arm shall now be exerteC
is not question of power or right, bu
purely Of policy, to be determined by the
estimate which may be entertained O
the conflict in which we are engaged
and of the necessity that presses to bring
this waste of blood and treasure to ;
close. A man precipitated into strug
gle for his life, on land or sea, instinct
lively and almost necessarily puts fortl
eNery energy WIN WHICH ne - ehuo"Su
6 and eagerly seizes upon every source 0
strength within his grasp; and a natiol
battling for existence, that does not d
the same, may well be regarded a
neither wise nor obedient to that grea
law of sehpreseryation, from which j
derived our most urgent and solemn du
ties. That there exists a prejudle
! against the employment of soldiers of Al
riean descent, is undeniablei it is, how


aver, rapidly giving way, and never ha
4 any foundation in reason and loyalty.
n originated with and has been diligentl
r nurtured by those in sympathy with th
a rebellion, and its utterance at this nj