“The Military Enlistment Law of 1814 required only that the recruit shall be a ‘free, effective, able-bodied man, between the ages of eighteen and fifty years.’ (_See Act of December 10, 1814._) It did not require a man to be under forty-five, nor a citizen, nor white, in which three respects it differs from the old Militia Act. The Naval Act of 1813 is not less clear.”[306] Such is the statement of the Governor on this question in point of law. At the time these regiments were mustered into the service he believed that he was acting legally under the statutes of the United States. He so instructed these men; and these men naturally believed him, and gave themselves, generously, nobly, beautifully, to the public service. Will the country now disown them? Will the country now fasten a ban upon them, and lead them to say in their hearts that they have been duped? February 13th, the subject being still before the Senate, Mr. Sumner offered the proviso of which he had already given notice at the close of his first remarks; but, after debate, he withdrew it at the request of Mr. Wilson, who, seeing the opposition to the joint resolution, proposed to abandon all that part making it retroactive. In withdrawing it, Mr. Sumner again vindicated it, saying, in conclusion: “I am unwilling to withdraw the proposition. I shall do it, if my colleague desires it. At any rate, I should rather, for my own satisfaction, have a vote upon it.” In the debate that ensued, Mr. Reverdy Johnson said: “If the Governor of Massachusetts has made a promise which the law did not authorize, if he has created, as between the Massachusetts soldiers and the Governor of Massachusetts, an obligation which ought to be redeemed, let Massachusetts redeem it.” “They have passed a law to redeem it,” said Mr. Fessenden, “but these regiments refuse to receive it from Massachusetts.” Mr. Wilson moved to insert words making the resolution applicable only “from and after the first day of January, 1864,” which was agreed to. After debate, Mr. Sumner again moved his proviso, which was lost,--Yeas 16, Nays 21. Other amendments were moved, and the debate continued for days. February 23d, Mr. Davis moved as a substitute three resolutions,--that all negroes and mulattoes, by whatever term designated, in the military service of the United States, be discharged and disarmed, and also providing for payment to loyal owners on account of slaves taken into the service. Lost,--Yeas 7, Nays 30. Mr. Collamer, of Vermont, having moved an amendment providing for a certain class of cases, Mr. Sumner, February 25th, brought forward his amendment in the following terms:--