Year: 1864

Vlous duty of all slave owners timely to remove !.
their slaves from the line of the enemys approach,
and especially those able to bear arms and when
they shall fail to do so that it should be made the
duty Of the proper authorities to enforce the per-
tormance of this duty, and to give to such owners
all necessary assistance as far as practicable.


Resolced, That the course of the enemy, in ap- !.
Propriang our slaves who happen to fall into their
hands, to purposes Of war, seems to Justify change
OF policy part and whilst owners Of slaves
under the circumstances, should freely yield them
to their country, we recommend to authorities,
under proper regulations to appropriate such part
ct them to the public service as may be required"


The object of these resolutions, as understood by
me, was to call public attention to the considera-
ton of the policy Of bringing our Slaves into this
war; 1t seems that "a change of policy on our
par" was contemplated and we determined, in ref
erence to our slaves to "recommend to our author.
lties under proper regulations to appropriate such
part Of them to the public service as may be re-
quired."


l am aware that clamor has been raised against
the policy of putting the negroes into the army by
good and loyal men, because, they say, the end is
not yet that army of citizen soldiers is still
competent to make good our defence. No one would
advocate the policy Of thus appropristng our slaves
except as matter Of urgent necessity; but as pnb
lie opinion is widely divided this subject, does
not common prudence require US to fear that those
oPpooON W tuo CAuoiuc ueSSuTc Iudy Uc lutStahcu
Suppose it should so turn out how deep would be
their responsibility to the country to freedom and in
dependence everywhere know it is the opinion
Of some Of the highest military authorities that the
time has coue when we should call our slaves to
our assistance; and hold it to be clearly the duty
of every citizen, however much he may doubt the
wisdom and necessity Of the policy to co operate in
Strengthening by every means our armies. I re-
peat, know this policy is looked to with anxiety
hU nf fha Loot ktsr IF fha 1rhO
believe that it is of the last oortance that it should
be adopted without delay. I, therefore, earnestly
recommend to the Legislature that they should give
this subject early consideration and enact such
measures as their wisdom may approve.


AT this time the pressure of the service inspires
very common desire to escape from it; and the
remedy BY ha6eas corpus, designed for extraordna'
ry acts Of official tyranny or individual acts of op
presson is daily resorted to- to extricate the citizen
from the holy duty Of defending his country. Law.
yers of every degree hie to the feast thus spread
before them, and judges in chambers and in court
feel constrained to apply the writ to those but little
better than moral deserters from the standard of
their country, and at tme too, when she is strug
Cling in death grapple with her gigantic foe. But
do the judges agree among themselves in uniform
application of the principle In North Carolina
exemption assumes the broadest form, while in AL
ALBANIA much narrower rule is adopted-and even
in Virginia some differences exist But all, l be-
lieve that the judges have the right to pro-
nounce who are exempted from military duty by
reason of their Office, Notwithstanding the Lcgisla-
ture and the Executive may entertain a different
opinion 1t does not matter what the Legislature
may declare by law-it does not matter who the Ex-
ecutive may deem necessary to enable him to the
laws faithfully executed-the court understands
better than their co equal and coordinate depart
ments, what is necessary to preserve the State
Governments Against this enter my firm yet
respectful protest"