The leaders of the Revolution, therefore, quickly receded from their radical position of excluding Negroes from the army. Informed that the free Negroes who had served in the ranks in New England were sorely displeased at their exclusion from the service, and fearing that they might join the enemy, Washington departed, late in 1775, from the established policy of the staff and gave the recruiting officers leave to accept such Negroes, promising to lay the matter before the Continental Congress, which he did not doubt would approve it.130 Upon the receipt of this communication the matter was referred to a committee composed of Wythe, Adams and Wilson, who recommended that free Negroes who had served faithfully in the army at Cambridge might be reenlisted but no others.131 In taking action on such communications thereafter the Continental Congress followed the policy of leaving the matter to the various States, which were then jealously mindful of their rights.
Sane leaders generally approved the enlistment of black troops. General Thomas thought so well of the proposition that he wrote John Adams in 1775, expressing his surprise that any prejudice against it should exist.132 Samuel Hopkins said in 1776 that something should be speedily done with respect to the slaves to prevent their turning against the Americans. He was of the opinion that the way to counteract the tendency of the Negroes to join the British was not to restrain them by force and severity but by public acts to set the slaves free and encourage them to labor and take arms in defense of the American cause.133 Interested in favor of the Negroes both by "the dictates of humanity and true policy," Hamilton urged that slaves be given their freedom with the swords to secure their fidelity, animate their courage, and influence those remaining in bondage by opening a door to their emancipation.134 General Greene emphatically urged that blacks be armed, believing that they would make good soldiers.135 Thinking that the slaves might be put to a much better use than being given as a bounty to induce white men to enlist, James Madison suggested that the slaves be liberated and armed.136 "It would certainly be consonant to the principles of liberty," said he, "which ought never to be lost sight of in a contest for liberty." John Laurens, of South Carolina, was among the first to see the wisdom of this plan, directed the attention of his coworkers to it, and when authorized by the Continental Congress, proceeded to his native State, wishing that he had the persuasive power of a Demosthenes to make his fellow citizens accept this proposition.137 In 1779 Laurens said: "I would advance those who are unjustly deprived of the rights of mankind to a state which would be a proper gradation between abject slavery and perfect liberty, and besides I am persuaded that if I could obtain authority for the purpose, I would have a corps of such men trained, uniformly clad, equipped and ready in every respect to act at the opening of the next campaign."
All of the colonies thereafter tended to look more favorably upon the enlistment of colored troops. Free Negroes enlisted in Virginia and so many slaves deserted their masters for the army that the State enacted in 1777 a law providing that no Negro should be enlisted unless he had a certificate of freedom.138 That commonwealth, however, soon took another step toward greater recognition of the rights of the Negroes who desired to be free to help maintain the honor of the State. With the promise of freedom for military service many slaves were sent to the army as substitutes for freemen. The effort of inhuman masters to force such Negroes back into slavery at the close of their service at the front actuated the liberal legislators of that commonwealth to pass the Act of Emancipation, proclaiming freedom to all Negroes who had thus enlisted and served their term faithfully, and empowered them to sue in forma pauperis, should they thereafter be unlawfully held in bondage.139
In the course of time there arose an urgent need for the Negro in the army. The army reached the point when almost all sorts of soldiers were acceptable. In 1778 General Varnum induced General Washington to send certain officers from Valley Forge to Rhode Island to enlist a battalion of Negroes to fill the depleted ranks of that State.140 Setting forth in the preamble that "history affords us frequent precedents of the wisest, freest and bravest nations having liberated their slaves and enlisted them as soldiers to fight in defense of their country," the Rhode Island Assembly resolved to raise a regiment of slaves, who were to be freed upon their enlistment, their owners to be paid by the State according to the valuation of a committee. Further light was thrown upon this action in the statement of Governor Cooke, who in reporting the action of the Assembly to Washington boasted that liberty was given to every effective slave to don the uniform and that upon his passing muster he became absolutely free and entitled to all the wages, bounties and encouragements given to any other soldier.141
The State of New Hampshire enlisted Negroes and gave to those who served three years the same bounty offered others. This bounty was turned over to their masters as the price of the slaves in return for which their owners issued bills of sale and certificates of freedom.142 In this way slavery practically passed out in New Hampshire. This affair did not proceed so smoothly as this in Massachusetts. In 1778 that legislature had a committee report in favor of raising a regiment of mulattoes and Negroes. This action was taken as a result upon receiving an urgent letter from Thomas Kench, a member of an artillery regiment serving on Castle Island. Kench referred to the fact that there were divers of Negroes in the battalions mixed with white men, but he thought that the blacks would have a better esprit de corps should they be organized in companies by themselves. But the feeling that slaves should not fight the battles of freemen and a confusion of the question of enlistment with that of emancipation for which Massachusetts was not then prepared,143 led to a heated debate in the Massachusetts Council and finally to blows in the coffee houses in lower Boston. In such an excited state of affairs no further action was taken. Finding recruiting difficult it is said that Connecticut undertook to raise a colored regiment144 and in 1781 New York, offering the usual land bounty which would go to the masters to purchase the slaves, promised freedom to all slaves who would enlist for the time of three years.145 Maryland provided in 1780 that each unit of £16,000 of property should furnish one recruit who might be either a freeman or a slave, and in 1781 resolved to raise 750 Negroes to be incorporated with the other troops.146
Farther South the enlistment of Negroes had met with obstacles. The best provision the Southern legislatures had been able to make was to provide in addition to the allotment of money and land that a person offering to fight for the country should have "one sound Negro"147 or a "healthy sound Negro"148 as the laws provided in Virginia and South Carolina respectively. Threatened with invasion in 1779, however, the Southern States were finally compelled to consider this matter more seriously.149 The Continental Army had been called upon to cope with the situation but had no force available for service in those parts. The three battalions of North Carolina troops, then on duty in the South, consisted of drafts from the militia for nine months, which would expire before the end of the campaign. What were they to do then when this militia, which could not be uniformly kept up, should grow impatient with the service? Writing from the headquarters of the army at this time, Alexander Hamilton in discussing the advisability of this plan doubtless voiced the sentiment of the staff.