1778."[556]

On the 11th of April the first letter was referred to a joint
committee, with instructions "to consider the same, and report." On
the 17th of April, "a resolution of the General Assembly of Rhode
Island for enlisting Negroes in the public service" was referred to
the same committee. In the Militia Act of 1775, the exceptions were,
"Negroes, Indians, and mulattoes." By the act of May, 1776, providing
for the re-enforcement of the American army, it was declared that,
"Indians, negroes, and mulattoes, shall not be held to take up arms or
procure any person to do it in their room." By another act, passed
Nov. 14, 1776, looking toward the improvement of the army, "Negroes,
Indians, and mulattoes" were excluded. During the year 1776 an order
was issued for taking the census of all males above sixteen, but
excepted "Negroes, Indians, and mulattoes." But after some reverses to
the American army, Massachusetts passed a resolve on Jan. 6, 1777,
"for raising every seventh man to complete our quota," "without any
exceptions, save the people called Quakers." This was the nearest
Massachusetts ever got toward recognizing Negroes as soldiers. And on
the 5th of March, 1778, Benjamin Goddard, for the selectmen, Committee
of Safety, and militia officers of the town of Grafton, protested
against the enlistment of the Negroes in his town.

It is not remarkable, in view of such a history, that Massachusetts
should have hesitated to follow the advice of Thomas Kench. On the
28th of April, 1778, a law was draughted following closely the
Rhode-Island Act. But no separate organization was ordered; and,
hence, the Negroes served in white organizations till the close of the
American Revolution.

There is nothing in the records of Virginia to show that there was
ever any legal employment of Negroes as soldiers; but, from the
following, it is evident that free Negroes _did_ serve, and that there
was no prohibition against them, providing they showed their
certificates of freedom:--

"And whereas several negro slaves have deserted from their
masters, and under pretence of being free men have enlisted
as soldiers: For prevention whereof, _Be it enacted_, that
it shall not be lawful for any recruiting officer within
this commonwealth to enlist any negro or mulatto into the
service of this or either of the United States, until such
negro or mulatto shall produce a certificate from some
justice