e in any sense an experiment, the only
thing to be tested was the obstinacy of our Saxon prejudice which
denied the possibility of success, and did what it could to
prevent it. But even Saxon prejudice must shortly yield to the
logic of facts."

In the face of the fact that the United States Government had employed
Negroes as soldiers to fight the battles of the Union, there were men
of intelligence who held that it was all wrong in fact, in policy, and
in point of law. And this opinion attained such proportions that the
Secretary of War felt called upon to request the opinion of Judge
Advocate Holt. It is given here.

ENLISTMENT OF SLAVES.

In a letter to Edwin M. Stanton, Secretary of War, dated Aug. 20,
1863, Judge Advocate Holt said: "The right of the Government to
employ for the suppression of the rebellion persons of African
Descent held to service or labor under the local law, rests
firmly on two grounds:

"First, as property. Both our organic law and the usages of our
institutions under it recognize fully the authority of the
Government to seize and apply to public use private property, on
making compensation therefor. What the use may be to which it is
to be applied does not enter into the question of the right to
make the seizure, which is untrammelled in its exercise, save by
the single condition mentioned.

"Secondly, as persons. While those of African Descent held to
service or labor in several of the States, occupy under the laws
of such States, the status of property; they occupy also under
the Federal Government, the status of 'persons.' They are
referred to so _nomine_ in the Constitution of the United States,
and it is not as property but as 'persons' that they are
represented on the floor of Congress, and thus form a prominent
constituent element alike in the organization and practical
administration of the Government.

"The obligation of all persons--irrespective of creed or
color--to bear arms, if physically capable of doing so, in
defence of the Government under which they live and by which
they are protected, is one that is universally acknowledged and
enforced. Corresponding to this obligation is the duty resting on
those charged with the administration of the Government, to
employ such persons in the military service whenever