An enrollment was also
ordered of all persons between the ages of seventeen and eighteen and
between forty-five and fifty years, who should constitute a reserve for
State defense and detail duty. On February 17th all male free negroes
between the ages of eighteen and fifty years were made liable to perform
duties with the army, or in connection with the military defenses of the
country in the way of work upon the fortifications, or in Government
works for the production or preparation of materials of war, or in
military hospitals. The Secretary of War was also authorized to employ
for the same duties any number of negro slaves not exceeding twenty
thousand.
In the operation of the military laws we found the exemption from
military duty accorded by the law to all persons engaged in certain
specified pursuits or professions to be unwise. Indeed, it seems to be
indefensible in theory. The defense of home, family, and country is
universally recognized as the paramount political duty of every member
of society; and, in a form of government where each citizen enjoys an
equality of rights and privileges, nothing can be more invidious than an
unequal distribution of duties or obligations. No pursuit nor position
should relieve any one who is able to do active duty from enrollment in
the army, unless his functions or services are more useful to the
defense of his country in another sphere. But the exemption from service
of entire classes should be wholly abandoned.
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