is not an American born, unless such Person has a Wife and Family and is a settled resident in this Country."[530] But, nevertheless, it is a curious fact, as Mr. Bancroft says, “the roll of the army at Cambridge had from its first formation borne the names of men of color.”  “Free negroes stood in the ranks by the side of white men.  In the beginning of the war they had entered the provincial army; the first general order which was issued by Ward, had required a return, among other things, of the ‘complexion’ of the soldiers; and black men like others were retained in the service after the troops were adopted by the continent.”  There is no room to doubt.  Negroes were in the army from first to last, but were there in contravention of law and positive prohibition.[531]

On the 29th of September, 1775, a spirited debate occurred in the Continental Congress, over the draught of a letter to Gen. Washington, reported by Lynch, Lee, and Adams.  Mr. Rutledge of South Carolina moved that the commander-in-chief be instructed to discharge all slaves and free Negroes in his army.  The Southern delegates supported him earnestly, but his motion was defeated.  Public attention was called to the question, and at length the officers of the army debated it.  The following minute of a meeting held at Cambridge preserves and reveals the sentiment of the general officers of the army on the subject:—­

“At a council of war, held at head-quarters, October 8th, 1775, present:  His Excellency, General Washington; Major-Generals Ward, Lee, and Putnam Brigadier-Generals Thomas, Spencer, Heath, Sullivan, Greene, and Gates—­the question was proposed: 

     “’Whether it will be advisable to enlist any negroes in the
     new army? or whether there be a distinction between such as
     are slaves and those who are free?’

     “It was agreed unanimously to reject all slaves; and, by a
     great majority, to reject negroes altogether.”

Ten days later, Oct. 18, 1775, a committee of conference met at Cambridge, consisting of Dr. Franklin, Benjamin Harrison, and Thomas Lynch, who conferred with Gen. Washington, the deputy-governors of Connecticut and Rhode Island, and the Committee of the Council of Massachusetts Bay.  The object of the conference was the renovation and improvement of the army.  On the 23d of October, the employment of Negroes as soldiers came before the conference for action, as follows:—­

     “Ought not negroes to be excluded from the new enlistment,
     especially such as are slaves? all were thought improper by
     the council of officers.”

     “Agreed that they be rejected altogether”

In his General Orders, issued from headquarters on the 12th of November, 1775, Washington said,—­

     “Neither negroes, boys unable to bear arms, nor old men
     unfit to endure the fatigues of the campaign, are to be
     enlisted."[532]