But it is the _proviso_ that follows which causes the mischief. “Persons of African descent, _who under this law shall be employed_, shall receive ten dollars,” &c. It is said that these colored soldiers were “employed,”--that is all,--not “enrolled,” but “employed”; and on this distinction the promise of Governor Andrew in the name of the National Government, and the honest expectations of the soldiers, are set aside. The order of the Secretary of War is for “volunteer companies of artillery,” also for “corps of infantry,” “_to be enlisted for three years_,” “and may include persons of African descent.” The persons of African descent are to be included in the artillery or infantry “enlisted.” Such persons are in advance declared men to be _enlisted_. And yet the argument which denies them their well-earned wages asserts that they are only “employed,” and not enlisted. But if they are “employed,” then are the “corps of infantry” in which they are included “employed” also. To me the conclusion seems irresistible, on the face of these facts, that these troops were enrolled or enlisted under the earlier statute. It is clear that Governor Andrew thought so at the time, and it is equally clear that the troops themselves thought so at the time. But there remains behind another question. Is there anything in existing legislation to prevent the enlistment of a colored person under the statute of 1861? To this I answer positively in the negative, and I challenge contradiction. There is no color in that statute. There is no color in any statute raising troops for the army of the United States, nor any color in any statute raising sailors for the navy of the United States. Only in our militia statutes do you find the word “white.” In all our army and navy statutes there is no such limitation. The statute of 1861, therefore, in point of law embraced all persons, whether black or white, and it was entirely at the option of the President, before the passage of the statute of 1862, to organize or receive colored troops under that statute. He hesitated. I regretted at the time his hesitation. I thought it an error by which the country suffered. We endeavored to repair that error by the amendment introduced by the brave Senator from New York, who is no longer here [Mr. KING], which you will find in the statutes of 1862. But I doubt if any person at the time, who had given attention to the subject, supposed this amendment necessary, except as an encouragement to a policy which the Government was too slow to adopt. For myself, I remember well my own feelings in voting for it. I accepted it as notice to the Administration that in the opinion of Congress the time had come when colored troops must be used. In point of law it was plain that it could not stand in the way of an enrolment under the earlier statute.