Historical Impressions

On May 8, 1792 the second Militia Act of 1792 was passed into law. This act established state militia organizations that would be available for federal service and called for the conscription of “each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years...” Although the language of the Act is not explicit, as a matter of practice it was viewed as prohibiting the enlistment of non-white men into the United States Army.

As the 19th century approached there was no consistent legal status covering all individuals of every non-white race in America. Although the Navy was free to enlist black sailors because of its chronic shortage of manpower, the Army only permitted white males to serve in its ranks. There was one exception. Black men could serve in Army militia units in Louisiana.

When the territory of Louisiana was purchased from France a treaty provision allowed it to opt out of any law which ran counter to its traditions and customs.

Louisiana’s free people of color enjoyed a relatively high level of acceptance and prosperity under the state’s French and Spanish founders. This would continue into the antebellum years of the 1800s. One measure of this acceptance was the existence of militia units composed of free black men during the Spanish rule.

To compensate it for its losses in the Seven Years’ War, France had ceded Louisiana to Spain in 1763. The colony’s transfer to Spain began the most liberal period in Louisiana’s history in regard to free people of color. A new set of laws was enacted that essentially allowed free people of color to live lives not very different from whites of similar social and economic status. This included service in the militia.

By the time of the Louisiana Purchase in 1803, New Orleans had a population of about 8000 people of which at least one in six was a free person of color. Beginning in 1791 and continuing until 1810 the population of the city grew rapidly due to an influx of Haitian émigrés displaced by the revolution led by Toussaint Louverture, a free man of color. Any unforeseen population growth strains housing, food and employment but there were additional concerns because the Haitian refugees were bringing discontent and turmoil to Louisiana.

With the War of 1812 underway, in September 1813 the governor of Tennessee sent Andrew Jackson and his militia to combat the Red Stick Creeks attacking American settlements and allied with the Shawnees fighting for the British. After his successful campaign Jackson was appointed a brigadier general in the United States Army, brevetted to major general and given command of the Seventh Military District which included Tennessee, Louisiana and the Mississippi Territory.

Since Louisiana was exempt from the Militia Act of 1792, Andrew Jackson issued a proclamation to the free people of color of Louisiana on September 21, 1814. In this proclamation he regretted the United States government’s previous neglect of the colored militia, invited them to participate in the defense of the country and promised everyone who enlisted a bounty of 160 acres of land. Although Jackson planned to appoint white officers, he would readily allow all non-commissioned officers to be men of color.

Jackson’s proclamation resulted in the reestablishment of the old Spanish colonial militia of free men of color. It also helped ease the problems caused by the influx of Haitian émigrés. Two colored battalions and a home guard company were quickly organized; one of the battalions solely constituted from Haitian refugees.

The 2nd Battalion of Free Men of Color was recruited and led by Joseph Savary, a colored refugee who had served as a lieutenant-colonel in the French Army. The 156 men of the 2nd Battalion were placed under the command of Major Louis D’Aquin of the 2d Regiment of Louisiana militia, a white refugee from the same island. Savary was made secondin-command with the rank of captain and three other colored officers were also appointed. The battalion was mustered into United States service on December 19, 1814.

When British troops marched across Louisiana to the Mississippi River bank and took the Villeré Plantation on December 23, the American forces attacked in two columns. Included in the American forces was the 2nd Battalion of Free Men of Color. Captain Savary, leading his men forward with the words “March on! March on my friends, march on against the enemies of the country” in Haitian French, helped delay the British advance long enough for Jackson to fortify his line of defense for the city of New Orleans.

The January 8, 1815 Battle of New Orleans saw the 2nd Battalion stationed in the left center of the right wing of the American line of defense. Field commander Captain Savary had an effective strength of about 150 men. Another battalion of free men of color under Major Plauchés was to the right of the 2nd and 350 men from the 44th US Infantry were to the left. During the battle, the battalion made an attack under its own initiative and reached the advancing British lines. The British commander, Sir Edward Pakenham, was killed in this attack and the demoralized British withdrew.

After the battle Jackson praised the two colored battalions, stating they had not “disappointed the hopes that had been formed of their courage and perseverance.”