And then again he says:--

“I have already said that I knew of no provision of law,

constitutional or statutory, which prohibited the acceptance

of persons of African descent into the military service of

the United States; and if they could be lawfully accepted as

private soldiers, so also might they be lawfully accepted as

commissioned officers, if otherwise qualified therefor. But the

express power conferred on the President by the 11th section of

the Act of July 17, 1862, chap. 195, before cited, to employ

this class of persons for the suppression of the Rebellion as

he may judge best for the public welfare, furnishes all needed

sanction of law to the employment of a colored chaplain for a

volunteer regiment of his own race.”[307]

By the report before the Senate, it is declared as follows: “And the

Attorney-General is hereby authorized to determine any question of law

arising under this provision.” In the full confidence that we shall at

last, through the Attorney-General, obtain that justice which Congress

has denied, I consent to give my vote for the report.

The report was concurred in.[308] The Attorney-General, Mr.

Bates, as Mr. Sumner anticipated, affirmed the equal rights of

the colored soldiers.[309]

Charles Sumner: his complete works, volume 10 (of 20) · 第 78 / 99 题