Now, on the face of this order, the Governor of Massachusetts is empowered to raise certain regiments in the volunteer service of the United States for three years. Under what statute? Under no other, surely, than the statute of 1861, for it was under that statute that the organization for three years was authorized. If you come to the later statute--and to that I ask particular attention--of July 17, 1862, which contains a special provision with reference to African troops, you will find that it is to raise troops for nine months. “SEC. 3. _And be it further enacted_, That the President be, and he is hereby, authorized, in addition to the volunteer forces which he is now authorized by law to raise, to accept the services of any number of volunteers, not exceeding one hundred thousand, as infantry, for a period of nine months, unless sooner discharged.” And then, Sir, in section twelve of this same statute, the President is further empowered to employ persons of African descent. In section fifteen we come to the question of pay. “_And be it further enacted_, That all persons who have been or shall be hereafter enrolled in the service of the United States under this Act”-- “Under this Act,”--an Act authorizing enrolments for nine months, not for three years-- “shall receive the pay and rations now allowed by law to soldiers, according to their respective grades: _Provided_, That persons of African descent, _who under this law shall be employed_, shall receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing.” Now, Sir, you have the question precisely: Under what statute were these enlistments made? Were they under the nine months’ statute, or under the three years’ statute? To answer that question, look at the order of the War Department:-- “_Ordered_, That Governor Andrew, of Massachusetts, is authorized, until further orders, to raise such number of volunteer companies of artillery for duty in the forts of Massachusetts and elsewhere, and such corps of infantry for the volunteer military service, as he may find convenient; _such volunteers to be enlisted for three years, or until sooner discharged_.” Here are no nine months’ men. There is nobody under the second statute, but all are clearly under the first by the plain language of the order. And this is none the less so, even if the second statute, so far as Africans are concerned, may be interpreted to sanction a longer term of enlistment. Mark well, that “all persons who have been or _shall be hereafter enrolled in the service of the United States_ under this Act shall receive the pay and rations now allowed by law to soldiers.” (§ 15.) But were not the soldiers of the fifty-fourth and fifty-fifth Massachusetts regiments “enrolled in the service of the United States”? Unquestionably, if troops ever were enrolled.