Document 2.2.1: Resolution passed by the Massachusetts Committee of Safety, May 1775.
The resolution below adopted by Massachusetts in May 1775 was known by General Washington when he took command of the army in Boston in July 1775. From his headquarters in Cambridge, Washington prohibited the enlistment of any African American. Yet, it was widely known that the army at Cambridge contained men of color and that free blacks stood side by side with white men on the fighting lines. 

Resolved, That is the opinion of this Committee, as the contest now between Great Britain and the Colonies respects the liberties and privileges of the latter, which the Colonies are determined to maintain that the admission of any persons, as soldiers, into the army now raising, but only such as are freemen, will be inconsistent with the principles that are to be supported, and reflect dishonor on this Colony, and that no slaves be admitted into this army upon any consideration whatever.

Source: Moore, George H. Historical Notes on the Employment of Negroes in the American Army of the Revolution. New York: Charles T. Evans, 1862.


Document 2.2.2: Council of War proposal, October 8, 1775
On October 8, 1775 a meeting was held at the council of war headquarters. In attendance were General Washington, Major-Generals Ward, Lee, and Putnam; Brigadier-Generals Thomas, Spencer, Heath, Sullivan, Greene and Gates. The following proposal was agreed upon. On October 18, 1775 this same proposal was again agreed upon by the Deputy-Governors of Connecticut and Rhode Island, the Committee of the Council of Massachusetts Bay, and General Washington.

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.
Source: Moore, George H. Historical Notes on the Employment of Negroes in the American Army of the Revolution. New York: Charles T. Evans, 1862.


Document 2.3.4: Virginia Declaration, December 1775
Virginia, Dec. 14, 1775. 
By the Representatives of the People of the Colony and Dominion of VIRGINIA, assembled in GENERAL CONVENTION

A DECLARATION 
WHEREAS lord Dunmore, by his proclamation, dated on board the ship William, off Norfolk, the 7th day of November 1775, hath offered freedom to such able-bodied slaves as are willing to join him, and take up arms, against the good people of this colony, giving thereby encouragement to a general insurrection, which may induce a necessity of inflicting the severest punishments upon those unhappy people, already deluded by his base and insidious arts; and whereas, by an act of the General Assembly now in force in this colony, it is enacted, that all negro or other slaves, conspiring to rebel or make insurrection, shall suffer death, and be excluded all benefit of clergy : We think it proper to declare, that all slaves who have been, or shall be seduced, by his lordship’s proclamation, or other arts, to desert their masters’ service, and take up arms against the inhabitants of this colony, shall be liable to such punishment as shall hereafter be directed by the General Convention. And to that end all such, who have taken this unlawful and wicked step, may return in safety to their duty, and escape the punishment due to their crimes, we hereby promise pardon to them, they surrendering themselves to Col. William Woodford, or any other commander of our troops, and not appearing in arms after the publication hereof. And we do farther earnestly recommend it to all humane and benevolent persons in this colony to explain and make known this our offer of mercy to those unfortunate people.

EDMUND PENDLETON, president.


Document 2.2.3: Letter from George Washington to Nicholas Cooke, January 2, 1778
This was the letter sent to Rhode Island Governor Nicholas Cooke urging him to assist recruiting officers in enlisting African Americans. In February 1778, the Rhode Island Legislature approved the action. In 1777 a New Jersey act had allowed for the recruitment of free blacks but not slaves, and Maryland approved this same action in 1781. On March 20, 1781, New York allowed the enlistment of slaves in militia units for which they would receive their freedom at the end of the war. 

Head Quarters, January 2, 1778.
Sir: Inclosed you will receive a Copy of a Letter from Genl. Varnum to me, upon the means which might be adopted for completing the Rhode Island Troops to their full proportion in the Continental Army. I have nothing to say, in addition to what I wrote the 29th of last Month on this important subject, but to desire that you will give the Officers employed in this business all the assistance in your power. I am, etc.

Source: The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor. Library of Congress.


Document 2.2.4: Response by Massachusetts legislature to a petition for a colored regiment, 1778
In 1778, Lieut. THOMAS KENCH presented a petition to the Legislature, asking for the appointment of a colored regiment. The Legislature responded thus:—

        STATE OF MASSACHUSETTS BAY:

        The Committee of both Houses upon the letter of THOMAS KENCH, with other papers accompanying it, have attended to that service, and report—

        That there be one regiment of volunteers raised, as soon as possible, to serve during the war, to consist of the same number of officers and privates as those of a continental regiment;—That one sergeant in each company, and every higher officer in said regiment, shall be white men, and that all the other sergeants, inferior officers and privates shall be negroes, mulattoes, or Indians.


Source: Nell, William Cooper. The Colored Patriots of the American Revolution: With Sketches of Several Distinguished Colored Persons: To Which Is Added a Brief Survey of the Condition And Prospects of Colored Americans.  Electronic Ed. Boston: Robert F. Wallcut, 1855, 160-162. http://docsouth.unc.edu/nell/nell/html


Document 2.2.5: Letter from Alexander Hamilton to John Jay, President of Congress March 14, 1779
Dear Sir: Colonel Laurens, who will have the honor of delivering you this letter, is on his way to South Carolina, on a project which I think, in the present situation of affairs there, is a very good one, and deserves every kind of support and encouragement. This is, to raise two, three, or four battalions of negroes, with the assistance of the government of that State, by contributions from the owners, in proportion to the number they possess. If you should think proper to enter upon the subject with him, he will give you a detail of his plan. He wishes to have it recommended by Congress to the State; and, as an inducement, that they would engage to take their battalions into Continental pay. 
….
I foresee that this project will have to combat much opposition from prejudice and self-interest. The contempt we have been taught to entertain for the blacks, makes us fancy many things that are founded neither in reason nor experience; and an unwillingness to part with property of so valuable a kind, will furnish a thousand arguments to show the impracticability, or pernicious tendency, of a scheme which requires such sacrifices. But it should be considered, that if we do not make use of them in this way the enemy probably will; and that the best way to counteract the temptations they will hold out, will be to offer them ourselves. An essential part of the plan is, to give them their freedom with their swords. This will secure their fidelity, animate their courage, and, I believe, will have a good influence upon those who remain, by opening a door to their emancipation. 

This circumstance, I confess, has no small weight in inducing me to wish the success of the project; for the dictates of humanity and true policy equally interest me in favor of this unfortunate class of men. 

While I am on the subject of Southern affairs, you will excuse the liberty I take in saying, that I do not think measures sufficiently vigorous are pursuing for our defence in that quarter. Except the few regular troops of South Carolina, we seem to be relying wholly on the militia of that and two neighboring States. These will soon grow impatient of service, and leave our affairs in a miserable situation. No considerable force can be uniformly kept up by militia, to say nothing of the many obvious and well-known inconveniences that attend this kind of troops. I would beg leave to suggest, sir, that no time ought to be lost in making a draught of militia to serve a twelve-month, from the States of North and South Carolina and Virginia. But South Carolina, being very weak in her population of whites, may be excused from the draught, on condition of furnishing the black battalions. The two others may furnish about three thousand five hundred men, and be exempted, on that account, from sending any succors to this army. The States to the northward of Virginia, will be fully able to give competent supplies to the army here; and it will require all the force and exertions of the three States I have mentioned, to withstand the storm which has arisen, and is increasing in the South. 
The troops draughted, must be thrown into battalions, and officered in the best possible manner. The best supernumerary officers may be made use of as far as they will go. If arms are wanted for their troops, and no better way of supplying them is to be found, we should endeavor to levy a contribution of arms upon the militia at large. Extraordinary exigencies demand extraordinary means. I fear this Southern business will become a very grace one. 
With the truest respect and esteem, 
………. I am, sir, your most obedient servant, 
………. ALEX. HAMILTON. 
His Excellency, JOHN JAY, 
President of Congress.
Source: Moore, George H. Historical Notes on the Employment of Negroes in the American Army of the Revolution. New York: Charles T. Evans, 1862.


Document 2.2.6: Excerpts from letters exchanged between George Washington and Henry Laurens, March 1779
Henry Laurens was a South Carolina merchant-planter and slave trader, who served as a delegate to the Continental Congress as well as its president for one year. 

Henry Laurens to George Washington, Mar. 16, 1779. 

Our affairs in the Southern department in more favorable light, than we had viewed them in a few days ago; nevertheless, the Country is greatly distressed, and will be more so, unless further reinforcements are sent to its relief. had we Arms for 3000 such black Men, as I could select in Carolina I should have no doubt of success in driving the British out of Georgia and subduing East Florida before the end of July….

George Washington to Henry Laurens
Middle brook, March 20, 1779.

Dear Sir: …The policy of our arming Slaves is, in my opinion, a moot point, unless the enemy set the example; for should we begin to form Battalions of them, I have not the smallest doubt (if the War is to be prosecuted) of their following us in it, and justifying the measure upon our own ground; the upshot then must be, who can arm fastest, and where are our Arms? besides, I am not clear that a discrimination will not render Slavery more irksome to those who remain in it; most of the good and evil things of this life are judged of by comparison; and I fear a comparison in this case will be productive of much discontent in those who are held in servitude; but as this is a subject that has never employed much of my thoughts, these are no more than the first crude Ideas that have struck me upon the occasion.

Mrs. Washington joins me in respectful compliments to you, and with every sentiment of regard and attachment. I am etc.

Source: The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor. Library of Congress.


Document 2.2.7: Excerpts from a Congressional Committee resolution, March 29, 1779
The situation in many of the Southern states, particularly South Carolina and Georgia, had become desperate. There were not enough able-bodied men to fight. There were a great number of slaves so many men were afraid to leave their plantations and farms for fear of slave revolts and desertion. Since the Congress had left it up to the individual states to decide if African Americans could join their fighting forces, many of the Southern states had held out and refused to enlist African Americans even though many had joined the fight anyway. A Committee of Congress had been appointed to consider and evaluate the situation in the Southern states, and they had determined the following course of action as the only one in the best interest of the fight for independence. It was rejected in both Georgia and South Carolina.

[T]hat a force might be raised in the said State from among the negroes, which would not only be formidable to the enemy, from their numbers, and the discipline of which they would very readily admit , but would also lessen the dangers from revolts and desertions, by detaching the most vigorous and enterprising from among the negroes. That, as this measure may involve inconveniences peculiarly affecting the State of South Carolina and Georgia, the committee are of opinion that the same should be submitted to the governing powers of the said States; and if the said powers shall judge it expedient to raise such a force, that the United States ought to defray the expense thereof: Whereupon, 

Resolved, That it be recommended to the States of South Carolina and Georgia, if they shall think the same expedient, to take measures immediately for raising three thousand able-bodied negroes. 

That the said negroes be formed into separate corps, as battalions, according to the arrangements adopted for the main army, to be commanded by white commissioned and non-commissioned officers… 
 
Resolved, That Congress will make provision for paying the proprietors of such negroes as shall be enlisted for the service of the United States during the war, a full compensation for the property, at a rate not exceeding one thousand dollars for each active, able-bodied negro man of standard size, not exceeding thirty-five years of age, who shall be so enlisted and pass muster. 

That no pay or bounty be allowed to the said negroes; but that they be clothed and subsisted at the expense of the United States. 

That every negro, who shall well and faithfully serve as a soldier to the end of the present war, and shall then return his arms, be emancipated, and receive the sum of fifty dollars….

“Resolved, That a commission of lieutenant-colonel be granted to the said John Laurens, Esq.

Source: Moore, George H. Historical Notes on the Employment of Negroes in the American Army of the Revolution. New York: Charles T. Evans, 1862.


Document 2.2.8: Excerpts from an act of the Rhode Island legislature, February 1778
In 1775-1776 most states found it difficult to recruit enough men to meet the quotas of the Continental Congress. Rhode Island was in distress because the British blockage was strangling their commerce, Newport was occupied by British troops, and almost all available men were already fighting. Yet, Rhode Island had the largest population of African Americans in New England. In 1778, General Varnum proposed toGeorge Washington that officers should be sent to Rhode Island to enlist a battalion of African American men for the continental army. Washington agreed and the Rhode Island Assembly passed the act below. 

Whereas, for the preservation of the rights and liberties of the United States, it is necessary that the whole power of Government should be exerted in recruiting the Continental battalions; and, whereas, His Excellency, General Washington, hath inclosed to this State a proposal made to him by Brigadier General Varnum, to enlist into the two battalions raised by this State such slaves as should be willing to enter into the service; and, whereas, history affords us frequent precedents of the wisest, the freest and bravest nations having liberated their slaves and enlisted them as soldiers to fight in defence of their country; and also, whereas the enemy have, with great force, taken possession of the capital and of a great part of this State, and this State is obliged to raise a very considerable number of troops for its own immediate defence, whereby it is in a manner rendered impossible for this State to furnish recruits for the said two battalions without adopting the said measures so recommended,

It is Voted and Resolved, That every able-bodied negro, mulatto, or Indian man-slave in this State may enlist into either of the said two battalions, to serve during the continuance of the present war with Great Britain; That every slave so enlisting shall be entitled to and receive all the bounties, wages and encouragements allowed by the Continental Congress to any soldiers enlisting into this service.

It in further Voted and Resolved, That every slave so enlisting shall, upon his passing muster by Col. Christopher Greene, be immediately discharged from the service of his master or mistress, and be absolutely free, as though he had never been incumbered and be incumbered with any kind of servitude or slavery. And in case such slave shall, by sickness or otherwise, be rendered unable to maintain himself, he shall not be chargeable to his master or mistress, but shall be supported at the expense of the State.

And, whereas, slaves have been by the laws deemed the property of their owners, and therefore compensation ought to be made to the owners for the loss of their service,

it is further Voted and Resolved, That there be allowed and paid by this State to the owners, for every such slave so enlisting, a sum according to his worth, at a price not exceeding one hundred and twenty pounds for the most valuable slave…


It is further Voted and Resolved, That upon any able-bodied negro, mulatto or Indian slave enlisting as aforesaid, the officer who shall so enlist him, after he has passed muster as aforesaid, shall deliver a certificate thereof to the master or mistress of said negro, mulatto or Indian slave, which shall discharge him from the service of said master or mistress.

Source: www.americanrevolution.org/firstri.html


Document 2.3.1: The Earl of Dunmore’s Proclamation, 1775
By His Excellency the Right Honorable JOHN Earl of DUNMORE, His Majesty’s Lieutenant and Governor General of the Colony and Dominion of VIRGINIA, and Vice Admiral of the same.

A PROCLAMATION 

As I have ever entertained Hopes, that an Accommodation might have taken Place between GREAT-BRITAIN and this Colony, without being compelled by my Duty to this most disagreeable but now absolutely necessary Step, rendered so by a Body of armed Men unlawfully assembled, firing on His MAJESTY’S Tenders, and the formation of an Army, and that Army now on their March to attack his MAJESTY’S Troops and destroy the well disposed subjects of the Colony. To defeat such treasonable Purposes, and that all such Traitors, and their Abettors, may be brought to Justice, and that the Peace, and good Order of this Colony may be again restored, which the ordinary Course of the Civil Law is unable to effect; I have thought fit to issue this my Proclamation, hereby declaring, that until the aforesaid good Purpose can be obtained, I do in Virtue of the Power and Authority to ME given, by His MAJESTY, determine to execute Martial Law, and cause the same to be executed throughout this Colony: and to [unclear] the Peace and good Order may the sooner be restored, I do require every Person capable of bearing Arms, to resort to His MAJESTY’S STANDARD, or be looked upon as Traitors to His MAJESTY’S Crown and Government, and thereby become liable to the Penalty the Law inflicts upon such Offenses; such as forfeiture of Life, confiscation of Lands, &. &. And I do hereby further declare all indentured Servants, Negroes, or others, (appertaining to Rebels,) free that are able and willing to bear Arms, they joining His MAJESTY’S Troops as soon as may be, for the more speedily reducing this Colony to a proper Sense of their Duty, to His MAJESTY’S Crown and Dignity. I do further order, and require, all His MAJESTY’S Liege Subjects, to retain their Quitrents, or any other Taxes due or that may become due, in their own Custody, till such a Time as Peace may be again restored to this at present most unhappy Country, or demanded of them for their former salutary Purposes, by Officers properly authorized to receive the same. 

GIVEN under my Hand on board the Ship WILLIAM by Norfolk, the 7th Day of November in the SIXTEENTH Year of His MAJESTY’S Reign. 
DUNMORE 

(GOD save the KING.)
 
Document 2.3.4: Virginia Declaration, December 1775
Virginia, Dec. 14, 1775. 
By the Representatives of the People of the Colony and Dominion of VIRGINIA, assembled in GENERAL CONVENTION

A DECLARATION 
WHEREAS lord Dunmore, by his proclamation, dated on board the ship William, off Norfolk, the 7th day of November 1775, hath offered freedom to such able-bodied slaves as are willing to join him, and take up arms, against the good people of this colony, giving thereby encouragement to a general insurrection, which may induce a necessity of inflicting the severest punishments upon those unhappy people, already deluded by his base and insidious arts; and whereas, by an act of the General Assembly now in force in this colony, it is enacted, that all negro or other slaves, conspiring to rebel or make insurrection, shall suffer death, and be excluded all benefit of clergy : We think it proper to declare, that all slaves who have been, or shall be seduced, by his lordship’s proclamation, or other arts, to desert their masters’ service, and take up arms against the inhabitants of this colony, shall be liable to such punishment as shall hereafter be directed by the General Convention. And to that end all such, who have taken this unlawful and wicked step, may return in safety to their duty, and escape the punishment due to their crimes, we hereby promise pardon to them, they surrendering themselves to Col. William Woodford, or any other commander of our troops, and not appearing in arms after the publication hereof. And we do farther earnestly recommend it to all humane and benevolent persons in this colony to explain and make known this our offer of mercy to those unfortunate people.

EDMUND PENDLETON, president.


DIXON AND HUNTER’S Virginia Gazette, SATURDAY, DECEMBER 2, 1775 
Williamsburg, December 2. 

Since Lord Dunmore’s proclamation made its appearance here, it is said he has recruited his army, in the counties of Princess Anne and Norfolk, to the amount of about 2000 men, including his black regiment, which is thought to be a considerable part, with this inscription on their breasts : – “Liberty to Slaves.” – However, as the rivers will henceforth be strictly watched, and every possible precaution taken, it is hoped others will be effectually prevented from joining those his Lordship has already collected. The army that went down last week, under command of Col. Woodford, to obstruct Dunmore’s progress of enlisting men in the lower counties, fell in with a party of twelve or thirteen of Dunmore’s friends, and made them all prisoners. Lieut. Col. [Charles] Scott, with the advanced guard, upon his arrival at the Great Bridge, found the enemy entrenched there, and it is said a smart firing began by some of the riflemen, which was returned, and continued a considerable time on both sides, but to what effect we know not. It is also said, that Thursday last [November 28] was fixed upon by our troops to begin a general attack; they were healthy, in good spirits, and had great prospect of success. Some accounts from Norfolk are, that Dunmore’s party has demolished several houses back of the town, and fortified themselves; also, that Col. [Joseph] Hutchings, and some other Gentlemen, their prisoners, had been removed to the ships on account of the gaol having been set on fire. Last Wednesday night [November 28] some of Dunmore’s bandits, about 12, mostly Negroes, came ashore, and went to the house of Mr. Benjamin Wells, at Mulberry island; after threatening and abusing him in a most infamous manner, they robbed him of all his most valuable effects, and carried off two Negro women. 

Source: Virginia Gazette, Dec 2nd 1775. Reprinted in Naval Documents of The American Revolution Volume 2. United States Government Printing Office Washington, 1966. Electronically published by American Naval Records Society Bolton Landing, New York 2012. http://ibiblio.org/anrs/docs/E/E3/ndar_v02p09.pdf&sa= D&source=docs&ust=1692279143128807&usg=AOvVaw34pT2wXx1fs-LizTFzzvuP


Major General Howe, British army orders, New York, 16 March 1777 

The Commander in Chief being desirous that the Provincial Forces should be put on the most respectable Footing, and according to his first Intention be composed of His Majesty’s Loyal American Subjects, has directed that all Negroes, Mollattoes, and other Improper Persons who have been admitted into these Corps be immediately discharged. The Inspector Genl. of Provincial Corps will receive particular Orders on this Subject to Prevent such Abuses in Future.

Source: Major General Howe, British army orders, New York, 16 March 1777. Quoted in Rees, John U. 2020. “”I offer freedom to the blacks of all Rebels that join me”: Lord Dunmore’s Ethiopian Regiment, 1775-1776.” American Battlefield Trust. https://www.battlefields.org/learn/articles/lord-dunmores-ethiopian-regiment 



Sir Henry Clinton, Philipsburg Proclamation, June 30th, 1779 


By His Excellency Sir Henry Clinton, K. B. General and Commander in Chief of all this Majesty’s Forces, within the Colonies laying on the Atlantic Ocean, from Nova Scotia to West-Florida, inclusive, &c., &c., &c.
PROCLAMATION.
Whereas the Enemy have adopted a practice of enrolling Negroes among their Troops; I do hereby give Notice, That all Negroes taken in Arms, or upon any military Duty, shall be purchased for a stated Price; the Money to be paid to the Captors.
But I do most strictly forbid any Person to sell or claim Right over any Negroe, the Property of a Rebel, who may take Refuge with any Part of this Army; and I do promise to every Negroe Who shall desert the Rebel Standard, full Security to follow within these Lines; any Occupation which he shall think proper.
Given under my Hand at Head-Quarters, Philipsburgh, the 30th Day of June, 1779. H. Clinton.
By his Excellency’s Command, John Smith, Secretary.  
Source: Sir Henry Clinton, Philipsburg Proclamation, June 30th, 1779. From “The Philipsburg Proclamation.” 2023. Philipse Manor Hall. https://www.philipsemanorhall.com/blog/the-philipsburg-proclamation    


Text of a blank ‘Freedom Certificate’ from the evacuation of the United States after the Treaty of Paris, 1783. 

New York, April 1783
         This is to certify to whomsoever it may concern that the bearer hereof  __________________________, a Negro restored to the British Lines in consequence of the proclamation of Sir William Howe and Sir Henry Clinton, late Commanders-in-Chief in America; and that the said Negro has hereby his Excellency’s Sir Guy Carleton’s permission to go to Nova Scotia or wherever else __________________________ may think proper.
                                                                     By order of …
Source: James W. St. G Walker, The Black Loyalists: The Search for a Promised Land in Nova Scotia and Sierra Leone, 1783-1870 (New York: Africana Publishing Co., 1976), 11. Found in Ruppert, Bob. 2016. “How Article 7 Freed 3000 Slaves.” Journal of the American Revolution. https://allthingsliberty.com/2016/08/how-article-7-freed-3000-slaves/#_edn22