"Again, reporting on the battle of January 8, Gen. Jackson said that the enemy advanced in two strong columns, and that 'they were received with a firmness which defeated all their hopes. For upward of an hour the firing was incessant, but the enemy at length fled in confusion from the field, their losses including Gen. Sir Edward Pakenham.' Under date of January 19 Gen. Jackson informed the War Department that the enemy had decamped, leaving eighty of their wounded and fourteen pieces of heavy artillery, and that he believed Louisiana was then 'clear.' "ATTORNEY GENERAL'S OPINION "It was to J. C. Calhoun, then Secretary of War, that William Wirt, then Attorney General, wrote, under date of March 27, 1823, declaring that it was not, in his opinion, in the power of the government to deny the colored troops and their heirs the emoluments of their service in the army. Mr. Wirt's letter is as follows: "'Sir: Had I been called on a priori to give a construction to the several acts of Congress, which are the subject of Mr. Cutting's letters of the 21st of May, 1821, and 30th of January, 1823, of Maj. Charles J. Nourse's of the 20th of January, 1823, and Mr. J. W. Murray's of the 22d of December, 1822, I should have had no hesitation in expressing the opinion that it was not the intention of Congress to incorporate negroes and people of color with the army, any more than with the militia of the United States. But the acts of Congress, under which this body of people of color are understood to have been raised during the late war, uses no other terms of description as to the recruits than that they shall be 'effective, able-bodied men' (act 24th December, 1811), 'for completing the existing military establishment,' and act 11th January, 1812, 'to raise an additional military force,' of 'free, effective, able-bodied men' (act December 10, 1814), 'making further provision for filling the ranks of the army of the United States.' "ALL REQUIREMENTS FULFILLED "As either of these descriptions was satisfied by the persons of color in question; as the recruiting officers, who were quoad hoc the agents of the United States, recruited these persons on a contract for the pay and bounty stipulated by law, as the officers of government recognize them as a part of the army, by their regular returns of this corps, who received, till the close of the war, the same pay and rations with other troops, were subject to the same military law and performed the same military services, it seems to me that a practical construction has been given to the law in this particular, from which it is not in the power of the government justly to depart.