Rhode Island’s 1778 law to purchase and emancipate slaves for military service

When Rhode Island needed more soldiers, early in 1778, both for its own defense against British invasion, and to contribute to the main Continental Army under General George Washington, the legislature reached into ancient practice, observing "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." No other state adopted this course as policy. Rhode Island was therefore the only state to have specifically "black" or "Negro" units in the war of independence.

In most states, other than South Carolina and Georgia, individuals of African descent enlisted in various regiments alongside "white" soldiers. Some had been promised freedom by individual owners of record, others were already free. Earlier, in 1776, about ten percent of soldiers in the three Rhode Island regiments, serving with George Washington's main Continental army, were men of African descent. Most of these had been free at the time they enlisted.

The legislature committed 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." Further, "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." To former owners of record, the state promised "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, and in proportion for a slave of less value."

Governor Nicholas Cooke wrote to General Washington in February 1778, "the number of slaves in this state is not great; but it is generally thought that three hundred, and upwards will be enlisted." Preserved records are not complete, nor always clear, making it difficult to confirm exact numbers. Some estimates run as low as 117 actually enlisted for military service.

First Lieutenant Joseph Arnold recalled in his pension file that, after remaining with the First Rhode Island Regiment at Valley Forge "until their winter huts were nearly completed, he was ordered home to Rhode Island in the recruiting service about the 10th of January 1778 where he remained on said service and recruited the regiment called the Black Regiment."

Only a few months of recruiting passed before a newly elected General Assembly voted that, after 10 June 1778, the state would no longer purchase enslaved men for military service. "Free men of color" could continue to enlist. The policy had been controversial from the beginning, for many reasons. Some said the expense to the state would be too much, others that the state was committing hypocrisy in defending the principles of liberty with men who were former slaves. (Its not even clear whether this argument was from people who wanted more emancipation, keeping slavery intact, or some of each).

Recruiting officers also were harassed in South Kingston, with a large free colored and enslaved population. One Hazard Potter told recruits they would likely be given the worst duties which would lead to their deaths. One man, known only as Quaco of Providence, talked with the recruiters, inducing the man who held title to Quaco to promise freedom if he did not enlist, and remained a slave for three more years.

Exactly which battles the men of the Black Regiment fought in is not entirely clear. There may have been as few as four companies, formerly free and formerly enslaved men may have served in some of the same units. Some fought in battles within Rhode Island, others in the Continental Army from Valley Forge to Monmouth. The battles these soldiers fought in will be the subject of future posts.

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