n the night of the 23d of December, in the engagement below
New Orleans, the British left 100 killed, and 230 wounded, their
loss in prisoners taken making their total loss that night about
400.

"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 q