The letter of Gen. Varnum to Gen. Washington, in reference to the employment of Negroes as soldiers, is as follows:—

GEN. VARNUM TO GEN. WASHINGTON.

"Camp, January 2d, 1778.

"Sir:—The two battalions from the State of Rhode Island being small, and there being a necessity of the state's furnishing an additional number to make up their proportion in the Continental army; the field officers have represented to me the propriety of making one temporary battalion from the two, so that one entire corps of officers may repair to Rhode Island, in order to receive and prepare the recruits for the field. It is imagined that a battalion of negroes can be easily raised there. Should that measure be adopted, or recruits obtained upon any other principle, the service will be advanced. The field officers who go upon this command, are Colonel Greene, Lieutenant Colonel Olney, and Major Ward; seven captains, twelve lieutenants, six ensigns, one paymaster, one surgeon and mates, one adjutant and one chaplain.

"I am your Excellency's most obedient servant,

"J.M. Varnum.

"To His Excellency General Washington."[548]

Gov. Cooke wrote Gen. Washington as follows:—

"State of Rhode Island, &c,

"Providence, January 19th, 1778.

"Sir:—Since we had the honor of addressing Your Excellency by Mr. Thompson, we received your favor of the 2d of January current, enclosing a proposition of Gen. Varnum's for raising a battalion of negroes.

"We in our letter of the 15th current, of which we send a duplicate, have fully represented our present circumstances, and the many difficulties we labor under, in respect to our filling up the Continental battalions. In addition thereto, will observe, that we have now in the state's service within the government, two battalions of infantry, and a regiment of artillery who are enlisted to serve until the 16th day of March next; and the General Assembly have ordered two battalions of infantry, and a regiment of artillery, to be raised, to serve until the 16th of March, 1779. So that we have raised and kept in the field, more than the proportion of men assigned us by Congress.

"The General Assembly of this state are to convene themselves on the second Monday of February next, when your letters will be laid before them, and their determination respecting the same, will be immediately transmitted to Your Excellency.

"I have the honor to be, &c.,

"Nicholas Cooke.

"To Gen. Washington."[549]

The governor laid the above letters before the General Assembly, at their February session; and the following act was passed:—

"Whereas, for the preservation of the rights and liberties of the United States, it is necessary that the whole powers of government should be exerted in recruiting the Continental battalions; and whereas, His Excellency Gen. Washington hath enclosed to this state a proposal made to him by Brigadier General Varnum, to enlist into the two battalions, raising by this state, such slaves as should be willing to enter into the service; and whereas, history affords us frequent precedents of the wisest, the freest, and bravest nations having liberated their slaves, and enlisted them as soldiers to fight in defence of their country; and also whereas, the enemy, with a great force, have taken possession of the capital, and of a greater part of this state; and this state is obliged to raise a very considerable number of troops for its own immediate defence, whereby it is in a manner rendered impossible for this state to furnish recruits for the said two battalions, without adopting the said measure so recommended.

"It is voted and resolved, that every able-bodied negro, mulatto, or Indian man slave, in this state, may enlist into either of the said two battalions, to serve during the continuance of the present war with Great Britain.

"That every slave, so enlisting, shall be entitled to, and receive, all the bounties, wages, and encouragements, allowed by the Continental Congress, to any soldier enlisting into their service.

"It is further voted and resolved, that every slave, so enlisting, shall, upon his passing muster before Col. Christopher Greene, be immediately discharged from the service of his master or mistress, and be absolutely free, as though he had never been encumbered with any kind of servitude or slavery.

"And in case such slave shall, by sickness or otherwise, be rendered unable to maintain himself, he shall not be chargeable to his master or mistress; but shall be supported at the expense of the state.

"And whereas, slaves have been, by the laws, deemed the property of their owners, and therefore compensation ought to be made to the owners for the loss of their service,—

"It is further voted and resolved, that there be allowed, and paid by this state, to the owner, for every such slave so enlisting, a sum according to his worth; at a price not exceeding £120 for the most valuable slave; and in proportion for a slave of less value.

"Provided, the owner of said slave shall deliver up to the officer, who shall enlist him, the clothes of the said slave; or otherwise he shall not be entitled to said sum.

"And for settling and ascertaining the value of such slaves,—

"It is further voted and resolved, that a committee of five be appointed, to wit:

"One from each county; any three of whom, to be a quorum, to examine the slaves who shall be so enlisted, after they shall have passed muster, and to set a price upon each slave according to his value, as aforesaid.

"It is further voted and resolved, that upon any ablebodied negro, mulatto, or Indian slave, enlisting as aforesaid, the officer who shall so enlist him, after he shall have passed muster, as aforesaid, shall deliver a certificate thereof, to the master or mistress of said negro, mulatto, or Indian slave; which shall discharge him from the service of his said master or mistress, as aforesaid.

"It is further voted and resolved, that the committee who shall estimate the value of any slave, as aforesaid, shall give a certificate of the sum at which he may be valued, to the owner of said slave; and the general treasurer of this state is hereby empowered and directed to give unto the said owner of the said slave, his promissory note, as treasurer, as aforesaid, for the sum of money at which he shall be valued, as aforesaid, payable on demand, with interest at the rate of six per cent. per annum; and that said notes, which shall be so given, shall be paid with the money which is due to this state, and is expected from Congress; the money which has been borrowed out of the general treasury, by this Assembly, being first re-placed."[550]

This measure met with some opposition, but it was too weak to effect any thing. The best thing the minority could do was to enter a written protest.

"PROTEST AGAINST ENLISTING SLAVES TO SERVE IN THE ARMY.

"We, the subscribers, beg leave to dissent from the vote of the lower house, ordering a regiment of negroes to be raised for the Continental service, for the following reasons, viz.:

"1st. Because, in our opinion, there is not a sufficient number of negroes in the state, who would have an inclination to enlist, and would pass muster, to constitute a regiment; and raising several companies of blacks, would not answer the purposes intended; and therefore the attempt to constitute said regiment would prove abortive, and be a fruitless expense to the state.

"2d. The raising such a regiment, upon the footing proposed, would suggest an idea and produce an opinion in the world, that the state had purchased a band of slaves to be employed in the defence of the rights and liberties of our country, which is wholly inconsistent with those principles of liberty and constitutional government, for which we are so ardently contending; and would be looked upon by the neighboring states in a contemptible point of view, and not equal to their troops; and they would therefore be unwilling that we should have credit for them, as for an equal number of white troops; and would also give occasion to our enemies to suspect that we are not able to procure our own people to oppose them in the field; and to retort upon us the same kind of ridicule we so liberally bestowed upon them, on account of Dunmore's regiment of blacks; or possibly might suggest to them the idea of employing black regiments against us.

"3d. The expense of purchasing and enlisting said regiment, in the manner proposed, will vastly exceed the expenses of raising an equal number of white men; and at the same time will not have the like good effect.

"4th. Great difficulties and uneasiness will arise in purchasing the negroes from their masters; and many of the masters will not be satisfied with any prices allowed.

"John Northup,
George Pierce,
James Babcok, Jr.,
Sylvester Gardner,
Othniel Gorton,
Samuel Babcock." [551]

Upon the passage of the Act, Gov. Cooke hastened to notify Gen. Washington of the success of the project.

"Providence, February 23d, 1778.

"Sir:—I have been favored with your Excellency's letter of the [3d instant,][552] enclosing a proposal made to you by General Varnum, for recruiting the two Continental battalions raised by this state.

"I laid the letter before the General Assembly at their session, on the second Monday in this month; who, considering the pressing necessity of filling up the Continental army, and the peculiarly difficult circumstances of this state, which rendered it in a manner impossible to recruit our battalions in any other way, adopted the measure.

"Liberty is given to every effective slave to enter the service during the war; and upon his passing muster, he is absolutely made free, and entitled to all the wages, bounties and encouragements given by Congress to any soldier enlisting into their service. The masters are allowed at the rate of £120, for the most valuable slave; and in proportion to those of less value.

"The number of slaves in this state is not great; but it is generally thought that three hundred, and upwards, will be enlisted.

"I am, with great respect, sir,

"Your Excellency's most obedient, humble servant,

"Nicholas Cooke.

"To Gen. Washington."[553]

Where masters had slaves in the army, they were paid an annual interest on the appraised value of the slaves, out of the public treasury, until the end of the military service of such slaves.[554] If owners presented certificates from the committee appointed to appraise enlisted Negroes, they were paid in part or in full in "Continental loan-office certificates."[555]

The reader will remember, that it has been already shown that Negroes, both bond and free, were excluded from the militia of Massachusetts; and, furthermore, that both the Committee of Safety and the Provincial Congress had opposed the enlistment of Negroes. The first move in the colony to secure legal enlistments and separate organizations of Colored troops was a communication to the General Assembly of Massachusetts, 3d of April, 1778.

"To the Honorable Council, and House of Representatives, Boston, or at Roxbury.

"Honored Gentlemen,—At the opening of this campaign, our forces should be all ready, well equipped with arms and ammunition, with clothing sufficient to stand them through the campaign, their wages to be paid monthly, so as not to give the soldiery so much reason of complaint as it is the general cry from the soldiery amongst whom I am connected.

"We have accounts of large re-enforcements a-coming over this spring against us; and we are not so strong this spring, I think, as we were last. Great numbers have deserted; numbers have died, besides what is sick, and incapable of duty, or bearing arms in the field.

"I think it is highly necessary that some new augmentation should be added to the army this summer,—all the re-enforcements that can possibly be obtained. For now is the time to exert ourselves or never; for, if the enemy can get no further hold this campaign than they now possess, we [have] no need to fear much from them hereafter.

"A re-enforcement can quick be raised of two or three hundred men. Will your honors grant the liberty, and give me the command of the party? And what I refer to is negroes. We have divers of them in our service, mixed with white men. But I think it would be more proper to raise a body by themselves, than to have them intermixed with the white men; and their ambition would entirely be to outdo the white men in every measure that the fortune of war calls a soldier to endure. And I could rely with dependence upon them in the field of battle, or to any post that I was sent to defend with them; and they would think themselves happy could they gain their freedom by bearing a part of subduing the enemy that is invading our land, and clear a peaceful inheritance for their masters, and posterity yet to come, that they are now slaves to.

"The method that I would point out to your Honors in raising a detachment of negroes;—that a company should consist of a hundred, including commissioned officers; and that the commissioned officers should be white, and consist of one captain, one captain-lieutenant, two second lieutenants; the orderly sergeant white; and that there should be three sergeants black, four corporals black, two drums and two fifes black, and eighty-four rank and file. These should engage to serve till the end of the war, and then be free men. And I doubt not, that no gentleman that is a friend to his country will disapprove of this plan, or be against his negroes enlisting into the service to maintain the cause of freedom, and suppress the worse than savage enemies of our land.

"I beg your Honors to grant me the liberty of raising one company, if no more. It will be far better than to fill up our battalions with runaways and deserters from Gen. Burgoyne's army, who, after receiving clothing and the bounty, in general make it their business to desert from us. In the lieu thereof, if they are [of] a mind to serve in America, let them supply the families of those gentlemen where those negroes belong that should engage.

"I rest, relying on your Honor's wisdom in this matter, as it will be a quick way of having a re-enforcement to join the grand army, or to act in any other place that occasion shall require; and I will give my faith and assurance that I will act upon honor and fidelity, should I take the command of such a party as I have been describing.

"So I rest till your Honors shall call me; and am your very humble and obedient servant,

"Thomas Kench,

"In Col. Craft's Regiment of Artillery, now on Castle Island.

"Castle Island, April 3, 1778."

A few days later he addressed another letter to the same body.

"To the Honorable Council in Boston.

"The letter I wrote before I heard of the disturbance with Col. Seares, Mr. Spear, and a number of other gentlemen, concerning the freedom of negroes, in Congress Street. It is a pity that riots should be committed on the occasion, as it is justifiable that negroes should have their freedom, and none amongst us be held as slaves, as freedom and liberty is the grand controversy that we are contending for; and I trust, under the smiles of Divine Providence, we shall obtain it, if all our minds can be united; and putting the negroes into the service will prevent much uneasiness, and give more satisfaction to those that are offended at the thoughts of their servants being free.

"I will not enlarge, for fear I should give offence; but subscribe myself

"Your faithful servant,

"Thomas Kench.

"Castle Island, April 7, 1778."[556]

On the 11th of April the first letter was referred to a joint committee, with instructions "to consider the same, and report." On the 17th of April, "a resolution of the General Assembly of Rhode Island for enlisting Negroes in the public service" was referred to the same committee. In the Militia Act of 1775, the exceptions were, "Negroes, Indians, and mulattoes." By the act of May, 1776, providing for the re-enforcement of the American army, it was declared that, "Indians, negroes, and mulattoes, shall not be held to take up arms or procure any person to do it in their room." By another act, passed Nov. 14, 1776, looking toward the improvement of the army, "Negroes, Indians, and mulattoes" were excluded. During the year 1776 an order was issued for taking the census of all males above sixteen, but excepted "Negroes, Indians, and mulattoes." But after some reverses to the American army, Massachusetts passed a resolve on Jan. 6, 1777, "for raising every seventh man to complete our quota," "without any exceptions, save the people called Quakers." This was the nearest Massachusetts ever got toward recognizing Negroes as soldiers. And on the 5th of March, 1778, Benjamin Goddard, for the selectmen, Committee of Safety, and militia officers of the town of Grafton, protested against the enlistment of the Negroes in his town.

It is not remarkable, in view of such a history, that Massachusetts should have hesitated to follow the advice of Thomas Kench. On the 28th of April, 1778, a law was draughted following closely the Rhode-Island Act. But no separate organization was ordered; and, hence, the Negroes served in white organizations till the close of the American Revolution.

There is nothing in the records of Virginia to show that there was ever any legal employment of Negroes as soldiers; but, from the following, it is evident that free Negroes did serve, and that there was no prohibition against them, providing they showed their certificates of freedom:—

"And whereas several negro slaves have deserted from their masters, and under pretence of being free men have enlisted as soldiers: For prevention whereof, Be it enacted, that it shall not be lawful for any recruiting officer within this commonwealth to enlist any negro or mulatto into the service of this or either of the United States, until such negro or mulatto shall produce a certificate from some justice of the peace for the county wherein he resides that he is a free man."[557]

Maryland employed Negroes as soldiers, and sent them into regiments with white soldiers. John Cadwalder of Annapolis, wrote Gen. Washington on the 5th of June, 1781, in reference to Negro soldiers, as follows:—

"We have resolved to raise, immediately, seven hundred and fifty negroes, to be incorporated with the other troops; and a bill is now almost completed."[558]

The legislature of New York, on the 20th of March, 1781, passed the following Act, providing for the raising of two regiments of blacks:—

"Sect. 6.—And be it further enacted by the authority aforesaid, that any person who shall deliver one or more of his or her able-bodied male slaves to any warrant officer, as afore said, to serve in either of the said regiments or independent corps, and produce a certificate thereof, signed by any person authorized to muster and receive the men to be raised by virtue of this act, and produce such certificate to the Surveyor-General, shall, for every male slave so entered and mustered as aforesaid, be entitled to the location and grant of one right, in manner as in and by this act is directed; and shall be, and hereby is, discharged from any future maintenance of such slave, any law to the contrary notwithstanding: And such slave so entered as aforesaid, who shall serve for the term of three years or until regularly discharged, shall, immediately after such service or discharge, be, and is hereby declared to be, a free man of this State."[559]

The theatre of the war was now transferred from the Eastern to the Middle and Southern colonies. Massachusetts alone had furnished, and placed in the field, 67,907 men; while all the colonies south of Pennsylvania, put together, had furnished but 50,493,—or 8,414 less than the single colony of Massachusetts.[560] It was a difficult task to get the whites to enlist at the South. Up to 1779, nearly all the Negro soldiers had been confined to the New-England colonies. The enemy soon found out that the Southern colonies were poorly protected, and thither he moved. The Hon. Henry Laurens of South Carolina, an intelligent and observing patriot, wrote Gen. Washington on the 16th of March, 1779, concerning the situation at the South:—

"Our affairs [he wrote] in the Southern department are more favorable than we had considered them a few days ago; nevertheless, the country is greatly distressed, and will be more so unless further reinforcements are sent to its relief. Had we arms for three thousand such black men as I could select in Carolina, I should have no doubt of success in driving the British out of Georgia, and subduing East Florida, before the end of July."[561]

Gen. Washington sent the following conservative reply:—

"The policy of our arming slaves is in my opinion a moot point, unless the enemy set the example. For, should we begin to form battalions of them, I have not the smallest doubt, if the war is to be prosecuted, of their following us in it, and justifying the measure upon our own ground. The contest then must be, who can arm fastest. And where are our arms? Besides, I am not clear that a discrimination will not render slavery more irksome to those who remain in it. Most of the good and evil things in this life are judged of by comparison; and I fear a comparison in this case will be productive of much discontent in those, who are held in servitude. But, as this is a subject that has never employed much of my thoughts, these are no more than the first crude ideas that have struck me upon the occasion."[562]

The gifted and accomplished Alexander Hamilton, a member of Washington's military family, was deeply interested in the plan suggested by the Hon. Henry Laurens, whose son was on Washington's staff. Col. John Laurens was the bearer of the following remarkable letter from Hamilton to John Jay, President of Congress.

"Headquarters, March 14, 1779.

"To John Jay.

"Dear Sir,—Col. Laurens who will have the honor of delivering you this letter, is on his way to South Carolina, on a project which I think, in the present situation of affairs there, is a very good one, and deserves every kind of support and encouragement. This is, to raise two, three, or four battalions of negroes, with the assistance of the government of the State, by contributions from the owners in proportion to the number they possess. If you should think proper to enter upon the subject with him, he will give you a detail of his plan. He wishes to have it recommended by Congress to the State: and, as an inducement, that they should engage to take those battalions into Continental pay.

"It appears to me, that an expedient of this kind, in the present state of Southern affairs, is the most rational that can be adopted, and promises very important advantages. Indeed, I hardly see how a sufficient force can be collected in that quarter without it; and the enemy's operations there are growing infinitely more serious and formidable. I have not the least doubt that the negroes will make very excellent soldiers with proper management; and I will venture to pronounce, that they cannot be put into better hands than those of Mr. Laurens. He has all the zeal, intelligence, enterprise, and every other qualification, necessary to succeed in such an undertaking. It is a maxim with some great military judges, that, with sensible officers, soldiers can hardly be too stupid; and, on this principle, it is thought that the Russians would make the best troops in the world, it they were under other officers than their own. The King of Prussia is among the number who maintain this doctrine; and has a very emphatic saying on the occasion, which I do not exactly recollect. I mention this because I hear it frequently objected to the scheme of embodying negroes, that they are too stupid to make soldiers. This is so far from appearing to me a valid objection, that I think their want of cultivation (for their natural faculties are probably as good as ours), joined to that habit of subordination which they acquire from a life of servitude, will make them sooner become soldiers than our white inhabitants. Let officers be men of sense and sentiment; and the nearer the soldiers approach to machines, perhaps the better.

"I foresee that this project will have to combat much opposition from prejudice and self-interest. The contempt we have been taught to entertain for the blacks makes us fancy many things that are founded neither in reason nor experience; and an unwillingness to part with property of so valuable a kind will furnish a thousand arguments to show the impracticability or pernicious tendency of a scheme which requires such a sacrifice. But it should be considered, that, if we do not make use of them in this way, the enemy probably will; and that the best way to counteract the temptations they will hold out will be to offer them ourselves. An essential part of the plan is to give them their freedom with their muskets. This will secure their fidelity, animate their courage, and, I believe, will have a good influence upon those who remain, by opening a door to their emancipation. This circumstance, I confess, has no small weight in inducing me to wish the success of the project, for the dictates of humanity, and true policy, equally interest me in favor of this unfortunate class of men.

"With the truest respect and esteem,

"I am, Sir, your most obedient servant,

"Alex. Hamilton."[563]

The condition of the Southern States became a matter of Congressional solicitude. The letter of Col. Hamilton was referred to a special committee on the 29th of March, 1779. It was represented that South Carolina especially was in great danger. The white population was small; and, while there were some in the militia service, it was thought necessary to keep as large a number of whites at home as possible. The fear of insurrection, the desertion[564] of Negroes to the enemy, and the exposed condition of her border, intensified the anxiety of the people. The only remedy seemed to lie in the employment of the more fiery spirits among the Negroes as the defenders of the rights and interests of the colonists. Congress rather hesitated to act,—it was thought that that body lacked the authority to order the enlistment of Negroes in the States,—and therefore recommended to "the states of South Carolina and Georgia, if they shall think the same expedient, to take measures immediately for raising three thousand able-bodied negroes." After some consideration the following plan was recommended by the special committee, and adopted:—

"In Congress, March 29, 1779.

"The Committee, consisting of Mr. Burke, Mr. Laurens, Mr. Armstrong, Mr. Wilson, and Mr. Dyer, appointed to take into consideration the circumstances of the Southern States, and the ways and means for their safety and defence, report,—


"That the State of South Carolina, as represented by the delegates of the said State and by Mr. Huger, who has come hither at the request of the Governor of the said State, on purpose to explain the particular circumstances thereof, is unable to make any effectual efforts with militia, by reason of the great proportion of citizens necessary to remain at home to prevent insurrections among the negroes, and to prevent the desertion of them to the enemy.

"That the state of the country, and the great numbers of those people among them, expose the inhabitants to great danger from the endeavors of the enemy to excite them either to revolt or desert.

"That it is suggested by the delegates of the said State and by Mr. Huger, that a force might be raised in the said State from among the negroes, which would not only be formidable to the enemy from their numbers, and the discipline of which they would very readily admit, but would also lessen the danger from revolts and desertions, by detaching the most vigorous and enterprising from among the negroes.

"That, as this measure may involve inconveniences peculiarly affecting the States of South Carolina and Georgia, the Committee are of the opinion that the same should be submitted to the governing powers of the said States; and if the said powers shall judge it expedient to raise such a force, that the United States ought to defray the expense thereof: whereupon,

"Resolved, That it be recommended to the States of South Carolina and Georgia, if they shall think the same expedient, to take measures immediately for raising three thousand able-bodied negroes.

"That the said negroes be formed into separate corps, as battalions, according to the arrangements adopted for the main army, to be commanded by white commissioned and non-commissioned officers.

"That the commissioned officers be appointed by the said States.

"That the non-commissioned officers may, if the said States respectively shall think proper, be taken from among the non-commissioned officers and soldiers of the Continental battalions of the said States respectively.

"That the Governors of the said States, together with the commanding officer of the Southern army, be empowered to incorporate the several Continental battalions of their States with each other respectively, agreeably to the arrangement of the army, as established by the resolutions of May 27, 1778; and to appoint such of the supernumerary officers to command the said negroes as shall choose to go into that service.

"Resolved, That Congress will make provision for paying the proprietors of such negroes as shall be enlisted for the service of the United States during the war a full compensation for the property, at a rate not exceeding one thousand dollars for each active, able bodied negro man of standard size, not exceeding thirty-five years of age, who shall be so enlisted and pass muster.

"That no pay or bounty be allowed to the said negroes, but that they be clothed and subsisted at the expense of the United States.

"That every negro who shall well and faithfully serve as a soldier to the end of the present war, and shall then return his arms, be emancipated, and receive the sum of fifty dollars."[565]

Congress supplemented the foregoing measure by commissioning young Col. Laurens to carry forward the important work suggested. The gallant young officer was indeed worthy of the following resolutions:—

"Whereas John Laurens, Esq., who has heretofore acted as aide-de-camp to the Commander-in-chief, is desirous of repairing to South Carolina, with a design to assist in defence of the Southern States;—

"Resolved, That a commission of lieutenant-colonel be granted to the said John Laurens, Esq."[566]

He repaired to South Carolina, and threw all his energies into his noble mission. That the people did not co-operate with him, is evidenced in the following extract from a letter he subsequently wrote to Col. Hamilton:—

"Ternant will relate to you how many violent struggles I have had between duty and inclination,—how much my heart was with you, while I appeared to be most actively employed here. But it appears to me, that I should be inexcusable in the light of a citizen, if I did not continue my utmost efforts for carrying the plan of the black levies into execution, while there remain the smallest hopes of success."[567]

The enemy was not slow in discovering the division of sentiment among the colonists as to the policy of employing Negroes as soldiers. And the suspicions of Gen. Washington, indicated to Henry Laurens, in a letter already quoted, were not groundless. On the 30th of June, 1779, Sir Henry Clinton issued a proclamation to the Negroes. It first appeared in "The Royal Gazette" of New York, on the 3d of July, 1779.

"By his Excellency Sir Henry Clinton, K.B. General and Commander-in-chief of all his Majesty's Forces within the Colonies laying on the Atlantic Ocean, from Nova Scotia to West-Florida, inclusive, &c., &c., &.

"PROCLAMATION.

"Whereas the enemy have adopted a practice of enrolling NEGROES among their Troops, I do hereby give notice That all negroes taken in arms, or upon any military Duty, shall be purchased for [the public service at] a stated Price; the money to be paid to the Captors.

"But I do most strictly forbid any Person to sell or claim Right over any negroe, the property of a Rebel, who may take Refuge with any part of this Army: And I do promise to every negroe who shall desert the Rebel Standard, full security to follow within these Lines, any Occupation which he shall think proper.

"Given under my Hand, at Head-Quarters, Phillipsburgh, the 30th day of June, 1779.

"H. Clinton.

"By his Excellency's command,

"John Smith, Secretary."

The proclamation had effect. Many Negroes, weary of the hesitancy of the colonists respecting acceptance of their services, joined the ministerial army. On the 14th of February, 1780, Col. Laurens wrote Gen. Washington, from Charleston, S.C., as follows:—

"Private accounts say that General Prevost is left to command at Savannah; that his troops consist of the Hessians and Loyalists that were there before, re-enforced by a corps of blacks and a detachment of savages. It is generally reported that Sir Henry Clinton commands the present expedition."[568]

Lord Cornwallis also issued a proclamation, offering protection to all Negroes who should seek his command. But the treatment he gave them, as narrated by Mr. Jefferson in a letter to Dr. Gordon, a few years after the war, was extremely cruel, to say the least.

"Lord Cornwallis destroyed all my growing crops of corn and tobacco; he burned all my barns, containing the same articles of the last year, having first taken what corn he wanted; he used, as was to be expected, all my stock of cattle, sheep, and hogs, for the sustenance of his army, and carried off all the horses capable of service; of those too young for service he cut the throats; and he burned all the fences on the plantation, so as to leave it an absolute waste. He carried off also about thirty slaves. Had this been to give them freedom, he would have done right; but it was to consign them to inevitable death from the small-pox and putrid fever, then raging in his camp. This I knew afterwards to be the fate of twenty-seven of them. I never had news of the remaining three, but presume they shared the same fate. When I say that Lord Cornwallis did all this, I do not mean that he carried about the torch in his own hands, but that it was all done under his eye; the situation of the house, in which he was, commanding a view of every part of the plantation, so that he must have seen every fire. I relate these things on my own knowledge, in a great degree, as I was on the ground soon after he left it. He treated the rest of the neighborhood somewhat in the same style, but not with that spirit of total extermination with which he seemed to rage over my possessions. Wherever he went, the dwelling-houses were plundered of every thing which could be carried off. Lord Cornwallis's character in England would forbid the belief that he shared in the plunder; but that his table was served with the plate thus pillaged from private houses, can be proved by many hundred eye-witnesses. From an estimate I made at that time, on the best information I could collect, I suppose the State of Virginia lost, under Lord Cornwallis's hand, that year, about thirty thousand slaves; and that, of these, twenty-seven thousand died of the small-pox and camp-fever, and the rest were partly sent to the West Indies and exchanged for rum, sugar, coffee, and fruit; and partly sent to New York, from whence they went, at the peace, either to Nova Scotia or to England. From this last place, I believe, they have been lately sent to Africa. History will never relate the horrors committed by the British Army in the Southern States of America."[569]

Col. Laurens was called from the South, and despatched to France on an important mission in 1780. But the effort to raise Negro troops in the South was not abandoned.

On the 13th of March, 1780, Gen. Lincoln, in a letter to Gov. Rutledge of South Carolina, dated at Charleston, urged the importance of raising a Negro regiment at once. He wrote,—

"Give me leave to add once more, that I think the measure of raising a black corps a necessary one; that I have great reason to believe, if permission is given for it, that many men would soon be obtained. I have repeatedly urged this matter, not only because Congress have recommended it, and because it thereby becomes my duty to attempt to have it executed, but because my own mind suggests the utility and importance of the measure, as the safety of the town makes it necessary."

James Madison saw in the emancipation and arming of the Negroes the only solution of the vexatious Southern problem. On the 20th of November, 1780, he wrote Joseph Jones as follows:—

"Yours of the 18th came yesterday. I am glad to find the Legislature persist in their resolution to recruit their line of the army for the war; though, without deciding on the expediency of the mode under their consideration, would it not be as well to liberate and make soldiers at once of the blacks themselves, as to make them instruments for enlisting white soldiers? It would certainly be more consonant with the principles of liberty, which ought never to be lost sight of in a contest for liberty: and, with white officers and a majority of white soldiers, no imaginable danger could be feared from themselves, as there certainly could be none from the effect of the example on those who should remain in bondage; experience having shown that a freedman immediately loses all attachment and sympathy with his former fellow-slaves."[570]

The struggle went on between Tory and Whig, between traitor and patriot, between selfishness and the spirit of noble consecration to the righteous cause of the Americans. Gen. Greene wrote from North Carolina on the 28th of February, 1781, to Gen. Washington as follows:—

"The enemy have ordered two regiments of negroes to be immediately embodied, and are drafting a great proportion of the young men of that State [South Carolina], to serve during the war."[571]

Upon his return to America, Col. Laurens again espoused his favorite and cherished plan of securing black levies for the South. But surrounded and hindered by the enemies of the country he so dearly loved, and for the honor and preservation of which he gladly gave his young life, his plans were unsuccessful. In two letters to Gen. Washington, a few months before he fell fighting for his country, he gave an account of the trials that beset his path, which he felt led to honorable duty. The first bore date of May 19, 1782.

"The plan which brought me to this country was urged with all the zeal which the subject inspired, both in our Privy Council and Assembly; but the single voice of reason was drowned by the howlings of a triple-headed monster, in which prejudice, avarice, and pusillanimity were united. It was some degree of consolation to me, however, to perceive that truth and philosophy had gained some ground; the suffrages in favor of the measure being twice as numerous as on a former occasion. Some hopes have been lately given me from Georgia; but I fear, when the question is put, we shall be outvoted there with as much disparity as we have been in this country.

"I earnestly desire to be where any active plans are likely to be executed, and to be near your Excellency on all occasions in which my services can be acceptable. The pursuit of an object which, I confess, is a favorite one with me, because I always regarded the interests of this country and those of the Union as intimately connected with it, has detached me more than once from your family; but those sentiments of veneration and attachment with which your Excellency has inspired me, keep me always near you, with the sincerest and most zealous wishes for a continuance of your happiness and glory."[572]

The second was dated June 12, 1782, and breathes a despondent air:—

"The approaching session of the Georgia Legislature, and the encouragement given me by Governor Howley, who has a decisive influence in the counsels of that country, induce me to remain in this quarter for the purpose of taking new measures on the subject of our black levies. The arrival of Colonel Baylor, whose seniority entitles him to the command of the light troops, affords me ample leisure for pursuing the business in person; and I shall do it with all the tenacity of a man making a last effort on so interesting an occasion."[573]

Washington's reply showed that he, too, had lost faith in the patriotism of the citizens of the South to a great degree. He wrote his faithful friend:—

"I must confess that I am not at all astonished at the failure of your plan. That spirit of freedom, which, at the commencement of this contest, would have gladly sacrificed every thing to the attainment of its object, has long since subsided, and every selfish passion has taken its place. It is not the public but private interest which influences the generality of mankind; nor can the Americans any longer boast an exception. Under these circumstances, it would rather have been surprising if you had succeeded; nor will you, I fear, have better success in Georgia."[574]

Although the effort of the Legislature of Connecticut to authorize the enlistment of Negroes in 1777 had failed, many Negroes, as has been shown, served in regiments from that State; and a Negro company was organized. When white officers refused to serve in it, the gallant David Humphreys volunteered his services, and became the captain.

"In November, 1782, he was, by resolution of Congress, commissioned as a Lieutenant-Colonel, with order that his commission should bear date from the 23d of June, 1780, when he received his appointment as aide-de-camp to the Commander-in-chief. He had, when in active service, given the sanction of his name and influence in the establishment of a company of colored infantry, attached to Meigs', afterwards Butler's, regiment, in the Connecticut line. He continued to be the nominal captain of that company until the establishment of peace."[575]

The following was the roster of his company:—