• Enlistment of negroes as soldiers unconstitutional
• Use of Black Troop is Considered a War Crime
• Resolutions bans use of Afro-confederate soldiers
• Review of the Record
  
• Court rules that Negros can not be soldiers

 Whereas information has reached this congress of the passage by the Congress at Washington, District of Columbia, of a bill for the enlistment of negroes as soldiers in the armies of the United States, which armies are to be engaged in prosecuting the further invasion of the Confederate States of America; and 
 Whereas the constitutions, both of the Confederate States and the United States recognize Africans and their descendants as property; and 
 Whereas we can not consent to any change in their political status and condition: 

Therefore, 

 Resolved, That the Committee of the Judiciary be instructed to inquire into the expediency of bring in a bill providing the proper forms for the disposition of all negroes or mulattoes who may be captured from the enemy in such manner that those of them who are fugitives from their masters may be restored to their right followers and those whom no masters can be found shall be sold into perpetual bondage for the purpose of raising a fund to reimburse citizens of this Confederacy who have lost their slave property by reason of the interference there with that of the enemy:

'Resolved by the Congress of the Confederate States of America, in response to the message of the President transmitted to Congress at the commencement of the present session, ...

2. That, in the judgment of Congress, the proclamations of the President of the United States, dated, respectively, September 22, 1862, and January 1, 1863, and the other measures of the Government of the United States and of its authorities, commanders, and forces, designed or tending to emancipate slaves in the Confederate States, or to abduct such slavers, or to incite them to insurrection, or to employ negroes in war against the Confederate States, or to overthrow the institution of African slavery and bring on a servile war in these States, would, if successful, produce atrocious consequences, and they are inconsistent with the spirit of those usages which in modern warfare prevail among civilized nations. They may, therefore, be properly and lawfully repressed by retaliation. 
The Myth of Black Confederate Soldiers

"Mr. Swan offered the following resolution.

'Resolved, That in the judgment of this House no exigency now exists or is likely to occur in the military affairs of the Confederate States which demands that negroes shall be placed in service as soldiers in the field.'

1.261 Nov. 8, 1864 

"Mr. Foote offered the following resolution to wit:

'Resolved, That this House does cordially concur in that portion of the views expressed by the President in his late annual message touching the employment of slaves by the Confederate Government in connection with the present war, which is embraced in the following propositions:

First. The 'general levy and arming of the slaves for duty of soldiers' would be inexpedient.

Second. 'Until our white population shall prove insufficient for the armies we require and can afford to keep in the field, to employ as a soldier the negro, who has merely been trained to labor, and as a laborer the white man accustomed from his youth to firearms' would neither be wise nor advantageous. 

1.494 Jan. 25, 1865

"Mr. J.T. Leach introduced 

'A joint resolution 'condemning the use of negroes as soldiers in the Confederate Army.' Which was read a first and second time and referred to the Committee on Military Affairs.'"

1.504 Jan. 27, 1865 

"Mr. Garland moved that the rules be suspended and that the Senate bill (S.129) 'to provide for the employment of free negroes and slaves to work on fortifications and perform other labor connected with the defenses of the country' be taken from the Calendar and made the special order for the morning hour. 

Amendments were then proposed.

1.507 Jan. 27, 1865 

"Mr. Ramsey submitted the following amendment.

Insert after the amendment just adopted the following:

'Provided, That said slaves shall not be armed or used as soldiers.'