r
to the families of those who discharge their duties faithfully
(whether they survive or not), together with the privilege of residing
at the South. To this might be added a bounty for faithful
service."[38] This was an influential word, coming as it did from the
Commander-in-Chief of the Confederate forces. The Confederate Congress
did not act immediately upon this suggestion, but even if this had
been done, the measure would have been enacted too late to be of any
avail.[39]

The Confederate Senate refused on February 7, 1865, to pass a
resolution calling on the committee on military affairs to report a
bill to enroll Negro soldiers. Later in the same month the Senate
indefinitely postponed the measure.[40] As the House and Senate met in
secret session much of the debate can not be found. General Lee wrote
Representative Barksdale of Mississippi another letter in which the
employment of Negro soldiers was declared not only expedient but
necessary. He reiterated his opinion that they would make good
soldiers as had been shown in their employment in the Union
armies.[41] With recommendations from General Lee and Governor Smith
of Virginia, and with the approval of President Davis an act was
passed by the Congress, March 13, 1865, enrolling slaves in the
Confederate army.[42] Each State was to furnish a quota of the total
300,000.[43] The Preamble of the act reads as follows:

"An Act to increase the Military Force of the Confederate States: The
Congress of the Confederate States of America so enact, that, in order
to provide additional forces to repel invasion, maintain the rightful
possession of the Confederate States, secure their independence and
preserve their institution, the President be, and he is hereby
authorized to ask for and accept from the owners of slaves, the
services of such number of able-bodied Negro men as he may deem
expedient, for and during the war, to perform military service in
whatever capacity he may direct...." The language used in other
sections of the act seems to imply also that volunteering made one a
freedman.[44]

After the passage of the measure by the Confederate Congress, General
Lee cooeperated in every way with the War Department in facilitating
the recruiting of Negro troops.[45] Recruiting officers were appointed
in each State. Lieutenant John L. Cowardin, Adjutant, 19th Batallion,
Virginia Artillery was ordered to proceed on April 1, 1865, to
recruiting Negro troops accordi