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rebellion; and whereas the principles of equity and justice require in a government like ours, founded on the will of the majority, that the burdens of maintaining and preserving it should fall alike and equally upon all and every of the citizens, the rich as well as the poor, in proportion to their ability to bear the same; and whereas the military is a profession to which men are called as well from the inducements of personal gain and family advantage as from motives of patriotism and hopes of future fame: Therefore, Resolved, That the Committee on Military Affairs be, and they are hereby, instructed to examine and inquire immediately into the propriety and expediency of repealing or suspending, so far as any future or further draft is concerned, all acts and parts of acts authorizing or empowering the conscripting or drafting of, or in any way forcing, the citizen into the military service of the country, either in putting down rebellion or otherwise; and in lieu thereof providing by law for, and authorizing the President of the United States from time to time, and as he may deem it expedient and necessary, to offer the payment of such sum or sums of money for volunteers in bounties or monthly payments, or otherwise, as may be best to induce enlistments and secure such moneys to the soldier and his family, and as will secure just so many and just such men as may be requisite or necessary to put down the rebellion and restore the supremacy of the Constitution; and that said committee do report by bill.

Which were laid upon the table, on Mr. STEVENS'S motion-yeas 84, nays 42. The NAYS were:

Messrs. James C. Allen, William J. Allen, Ancona, Augustus C. Baldwin, Bliss, Coffroth, Dawson, Denison, Eden, Edgerton, Eldridge, Finck, Hall, Harrington, Knapp, Law, Lazear, Long, Marcy, Mc Dowell, McKinney, Middleton, Wm. H. Miller, James R. Morris, Morrison, Noble, John O'Neill, Pendleton, Perry, Pruyn, Samuel J. Randall, Robinson, Rogers, Ross, Scott, John B. Steele, Stiles, Strouse, Stuart, Sweat, Chilton A. White, Joseph W. White-42.

Of the Democrats, Messrs. Grider, Hutchins, and Yeaman voted aye.

1864, February 8-Mr. ELDRIDGE offered this resolution, which was laid over under the rule:

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Resolved, That the Secretary of War be, and he is hereby required to furnish to this House information as to the amount of moneys received up to this time for commutation by drafted men; also what disposition has been made of said moneys. If substitutes have been purchased for drafted men, how many; where and who have been cured as such substitutes; what sum has been paid for each, and whether for white or black, and how much for each. April 4-The House considered the resolution, when Mr. STEVENS moved that it lie upon the table; which was agreed to-yeas 60, nays 46. The NAYS were:

Messrs. James C. Allen, Ancona, Augustus C. Baldwin, Bliss, Brooks, James S. Brown, Chanler, Clay, Cox, Cravens, Dawson, Denison, Eden, Eldridge, English, Finck, Grider, Griswold, Harrington, Benjamin G. Harris, Herrick, Holman, Philip Johnson, Kalbfleisch, King, Law, Lazear, Long, Mallory, Marcy, McKinney, Middleton, James R. Moris, Morrison, Nelson, Odell, John O'Neill, Price, Pruyn, Robinson, John B. Steele, Strouse, Wheeler, Chilton A. White, Winfield, Yeaman-46.

1864, Feb. 1-Mr. GRINNELL offered the following preamble and resolution:

Whereas the war policy of the Government having brought into the military service as soldiers and laborers free colored men and persons claimed to be held by rebels, who have rendered invaluable service to the army; and whereas the more extended employment and enlistment of colored persons will be a relief to our northern soldiers, unscclimated and unused to manual labor, and lessen the number to be taken from their homes and from the indus

trial pursuits in the United States, where there is now an

unusual demand for labor: Therefore,

Resolved, That a more vigorous policy to enlist, at an carly day and in larger numbers, in our army persons of African descent would meet the approbation of this

House.

Mr. STILES moved to lay them on the table, but the House refused-yeas 49, nays 76; and the resolution was then passed yeas 80, nays 46.

BILL FOR THE PUNISHMENT OF GUERRILLAS. June 6-The Committee on Military Affairs reported this bill to punish guerrillas:

Be it enacted, &c., That the provisions of the twenty-first section of an act entitled "An act for enrolling and calling out the national forces, and for other purposes," approved March 3, 1863, shall apply as well to the sentences of military commissions as to those of courts-martial; and hereafter the commanding general in the field, or the commander of the department, as the case may be, shall have power to carry intoexecution all sentences against guerrillas, for robbery, arson, burglary, rape, assault with intent to commit rape, and for violation of the laws and customs of war, as well as sentences against spies, mutineers, deserters, and murderers.

SEC. 2. That every officer anthorized to order a general court-martial shall have power to pardon or mitigate any punishment ordered by such court, including that of confinement in the penitentiary, except the sentence of death or of cashiering or dismissing an officer, which sentences it shall be competent during the continuance of the present rebellion for the general commanding the army in the field, or the department commander, as the case may be, to remit or mitigate; and the fifth section of the act approved July 17, 1862, chapter 201, be, and the same is hereby, repealed, tentiary. so far as it relates to sentences of imprisonment in the peni

Mr. LONG moved that the bill be tabled; which was disagreed to.

After further proceedings, Mr. ELDRIDGE moved that it be tabled; which was disagreed to-yeas 35, nays 67.

NAYS were:
And the bill passed-yeas 72, nays 37. The

Messrs. James C. Allen, Ancona, Augustus C. Baldwin, Bliss, Coroth, Cravens, Henry Winter Davis, Dawson, Denison, Eden, Edgerton, Eldridge, Finck, Grider, Harding, Harrington, Charles M. Harris, Hutchins, King, Knapp, Le Blond, Long, Mallory, Marcy, McDowell, Morrison, Noble, Pendleton, Perry, Robinson, Rogers, Ross, Strouse, Voorhees, Wadsworth, Chillon A. While, Joseph W. White-37.

Of the Democrats, Messrs. Baily and Griswold voted aye.

IN SENATE.

the House bill for the more speedy punishment June 14-The Military Committee reported of guerrillas; which was debated.

June 30-Mr. HENDRICKS offered this proviso to the first section:

Provided, That the term "guerrillas" herein contained shall not be held to include persons employed in the authorized military service of the enemy.

Which was agreed to, and the bill passed. The House concurred, and the bill became a law.

INCREASED PAY OF SOLDIERS. First Session, Thirty-Seventh Congress. 1861, August 6-This section was passed by both Houses:

Be it enacted, &c., That the pay of the privates in the regular army and volunteers in the service of the United States be thirteen dollars per month for three years from and after the passage of this act, and until otherwise ordered. First Session, Thirty-Eighth Congress.

IN HOUSE.

of soldiers was reported from the Committee on May 3-The Senate bill to increase the pay Military Affairs, making the pay, from May 1, dollars per month;" corporals, eighteen dollars; of all soldiers in the military service sixteen sergeants, twenty dollars.

Mr. HOLMAN sought the floor to move an amendment that white soldiers should have twenty dollars per month, and colored eighteen dollars.

Mr. Cox sought to move an amendment to

increase the pay of soldiers and non-commis- | respect to all persons arrested and detained, and in respect sioned officers two dollars per month. to all persons arrested for disloyal practices. (Signed)

Mr. DAWSON, to move to make it twenty dollars in the present currency.

But Mr. SCHENCK declined to yield the floor. After a brief explanation the bill passedyeas 135, nays none.

IN SENATE.

May 11-The Senate Military Committee reported the bill with amendments, the principal one of which fixed the rates as now existing and stated in the summary of "our Military Legislation," which was agreed to, without division in either House. While the bill was pending in the Senate,

May 17-Mr. RICHARDSON offered the following:

That from and after the first day of May, 1864, the officers, non-commissioned officers, musicians, and privates in the regular army and volunteers and drafted forces in the service of the United States shall be paid in gold: Provided, That said officers, non-commissioned officers, musicians, and privates may be paid in Treasury notes or paper money when the Government cannot pay in gold. If not paid in gold, they shall be paid in paper an amount equal to the value of gold at the time of payment.

Which was rejected-yeas 6, nays 23, as follows:

YEAS-Messrs. Buckalew, Davis, Hendricks, Lane of Indiana, Powell, Richardson-6.

NAYS-Messrs. Anthony, Chandler, Clark, Collamer, Conness, Dixon, Doolittle, Foot, Foster, Grimes, Harlan, Harris, Henderson, Howe, Johnson, Lane of Kansas, Morgan, Morrill, Ramsey, Sumner, Ten Eyck, Van Winkle, Wilson-23. Mr. POWELL offered this amendment:

Provided, That the provisions of this act shall not apply to colored soldiers.

EDWIN M. STANTON, Secretary of War.

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ment: ADDITIONAL REGULATIONS FOR THE ENROLLMENT AND DRAFT OF THE MILITIA.

Ordered-Eighth-That in filling all requisitions for militia the quotas of the several States will be apportioned by the Governors among the several counties, and where practicable among the subdivisions of counties, so that allowance shall be made to such counties and subdivisions for all volunteers heretofore furnished by them and mustered into the service of the United States, and whose stipulated terms of service shall not have expired. (Signed) E. M. STANTON, Secretary of War. WAR DEPARTMENT, WASHINGTON, September 7, 1862, INSTRUCTIONS TO UNITED STATES MARSHALS, MILITARY COMMANDANTS, PROVOST MARSHALS, POLICE OFFICERS, SHEKIPES, ETC.

Which was rejected-yeas 5, nays 26, as fol- been completed in the several States, the necessity for a lows:

YEAS-Messrs. Buckalew, Davis, Hendricks, Powell, Richardson-5.

NAYS-Messrs. Anthony, Chandler, Clark, Collamer, Conness, Dixon, Doolittle, Foot, Foster, Grimes, Harlan, Harris, Henderson, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sumner, Ten Eyck, Van Winkle, Wilson-26.

The quota of volunteers and enrollment of militia having stringent enforcement of the orders of the War Department Arrests for violation of these orders and for disloyal pracin respect to volunteering and drafting no longer exists. tices will hereafter be made only upon express warrant, or by direction of the military commanders or Governor of the State in which such arrests may be made. And restrictions upon travel imposed by these orders are rescinded. L. C. TURNER, Judge Advocate.

ORDERS ISSUED BY THE SECRETARY OF WAR IN THE PRESIDENT'S PROCLAMATION RELATIVE TO ENFORCING THE DRAFT.

The Secretary of War, in executing the draft of 1862, issued these orders:

WAR DEPARTMENT, Washington CITY, D. C., August 8, 1862. Orders to prevent the evasion of military duty and for the suppression of disloyal practices.

First. By direction of the President of the United States, it is hereby ordered that, until further order, no citizen liable to be drafted into the militia shall be allowed to go to a foreign country, and all marshals, deputy marshals, and military officers of the United States, are directed, and all police authorities, especially at the ports of the United States on the seaboard and on the frontier, are requested to see that this order is faithfully carried into effect. And they are hereby authorized and directed to arrest and detain any person or persons about to depart from the United States in violation of this order, and report to Major L. C. Turner, Judge Advocate, at Washington city, for further instruction respecting the person or persons so arrested and

detained.

ALIENS.

1863, May 8-The PRESIDENT issued a procla mation relative to an exemption from the draft on the plea of alienage, in which he declares:

the liability of persons concerned to perform the service Now, therefore, to avoid all misapprehensions concerning hereby order and proclaim that no plea of alicnage will be required by such enactment, and to give it full effect, I do received, or allowed to exempt from the obligations imposed by the aforesaid act of Congress any person of foreign birth who shall have declared on oath his intention to become a citizen of the United States, under the laws thereof, and during the continuance of the present insurrection and rewho shall be found within the United States at any time bellion, at or after the expiration of the period of sixty-five days from the date of this proclamation; nor shall any ench plea of alienage be allowed in favor of any such person who has so, as aforesaid, declared his intention to become a citizen of the United States, and shall have exercised at any time the right of suffrage, or any other political franchise within the United States, under the laws thereof, or under the laws of any of the several States.

OF THE CONSCRIPTION ACT.

Second. Any person liable to draft who shall absent himself from his county or State before such draft is made, will be arrested by any provost marshal, or other United States or State officer, wherever he may be found within the juris- JUDICIAL DECISIONS UPON THE CONSTITUTIONALITY diction of the United States, and conveyed to the nearest military post or depot, and placed on military duty for the term of the draft; and the expenses of his own arrest and conveyance to such post or depot, and also the sum of five dollars as a reward to the officer who shall make such arrest, shall be deducted from his pay.

Third. The writ of habeas corpus is hereby suspended in

In the Circuit Court of the United States for the eastern district of Pennsylvania, Judge Cadwalader delivered an opinion in September, 1863, a condensation of which is subjoined

from the New York Tribune of September 11, | Fulton county last summer. The case was ably argued for 1863:

the prosecution by Messrs. Lawrence Weldon and W. H.
Herndon, and by Messrs. Judd and James for the defence.
The court rendered a decision affirming the constitution-
Constitution empowering Congress to raise and equip
armies. This is the first decision under the enrollment act
rendered in this State, and is therefore important. The
motion to quash the indictment was granted, on the ground
that the punishment of the particular class of offenders
charged was not specifically provided for in the act of July,
1863. It was admitted, however, that the act as amended
by the act of February, 1864, covers the whole point, and
that, as the law now stands, resistance to the enrollment is
liable to the severest penalties. The decision was ren-
dered by Judge Treat, Judge Davis concurring.
THE TWO DECISIONS OF THE SUPREME COURT OF PENNSYLVANIA.

The powers conferred by the Constitution upon Congress, to raise and support armies and make rules for their gov.ality of the enrollment act, based upon the provision of the ernment, are distinct from the powers which are conferred on it as to the militia of the respective States. Until the act in question, the national armies had been raised by voluntary enlistment. The system of enrollment and draft had long been matured as to the militia of the States. But until the summer of 1862 the utmost penalty for not serving when drafted from such militia for the service of the United States had been pecuniary, with limited imprisonment for non-payment. The act of Congress of 17th July, 1862, authorized impressment into the military service of the United States of those persons drafted from the militia under that act, who, when ordered to attend at the place of muster, disobeyed.

The specific power of impressment had not been previously conferred. But, under the former system, though the fine for not serving had, when received, been considered an equivalent for service, the payment had nevertheless been enforced, or the penalty of imprisonment inflicted by courtsmartial when the money was not otherwise collected. The constitutionality of this former jurisdiction of courts-martial may be considered as established, (5 Wheaton 1.) It would not have been constitutional if disobedience to attend at a place of muster had not been a military offence. Congress, unless it had the power of absolutely subjecting a drafted person to military rule from the time of the draft, could not have thus made his disobedience before he was mustered into service a military offence.

The act of Congress of 1795, which fixed the time of arrival at the place of rendezvous as the period of the commencement of the military service, might constitutionally, in the opinion of the Supreme Court, have made the time of draft the period. (5 Wheaton, 17, 18, 30, and see pp. 36, 37, 56, 64, 65.) The constitutionality of the act of 17th July, 1862, when the question was considered here in March last, in McCall's case, appeared therefore to be established by authority. If the question had been thought an open one, the same view of the effect of the Constitution would have

been taken.

The act of 3d of March, 1863, has adopted a like system on an extended scale, for the purpose of raising national armies independently of the militia of the States. Under the former laws which have been mentioned, a question such as that now under consideration could not arise. The question under those laws could only have been that of a military court's exercise of jurisdiction over a person who having been lawfully drafted already owed military service. There could not have been any dispute that the primary question whether he had been lawfully drafted or was liable to serve, was open to decision by the ordinary tribunals under a writ of habeas corpus. Here, however, the question is whether a military commission can so decide the original question of liability to serve as absolutely as to deprive all other tribunals of cognizance of it.

tionable.

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1. The Constitution of the United States recognizes only two sorts of military land forces, viz., "the militia," and the "regular or standing army."

2. The conscription act of March 3, 1863, is not founded on that clause of the Constitution which provides for calling forth the militia, because the persons drafted under the act are not to be armed, organized, and disciplined under the militia law, nor are they called forth under State officers, as required by the Constitution.

3. There is no power given to recruit the regular Army by forced levies. This can only be done by voluntary en

listments.

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6. The mode of coercion provided for this purpose by the act of March 3, 1862, is unconstitutional, because (1.) It is incompatible with the provisions of the Constitution relative to the militia.

(2.) It exhausts the militia force of the several States, which existed as an institution before the formation of the Federal Government, and was not only not granted away annuls the remedy for insurrection expressly provided by but expressly reserved at the formation of the Constitution; the Constitution, and substitutes a new one not therein

The enactments of the law in question are not so arranged that its provisions for the preparatory enrollment, and those for the draft, are always separated. They must however, be kept distinct when they are considered with provided for; and converts into national forces as part of reference to the Constitution. The most unlimited system of mere enrollment could not be constitutionally objec-militia force of the States, not on the contingency therein the regular army of the General Government the whole But a system of drafting might be arbitrary and latitu- provided for nor in the form therein prescribed, but entirely dinarian to such an extent as to encroach upon constitu- irrespective thereof. tional rights. ***** The constitutional authority to enact the law which is under consideration was derived exclusively from the power to raise armies. It cannot be enlarged under the authority which the Constitution also

confers to make all laws necessary and proper for carrying the powers delegated, this one included, into execution. After citing the provision of the act, the judge says:

This review of the principal enactment of the law suffices to indicate its general purposes. The organization of armies under it is to cease on the termination of the civil war, for whose exigencies it provides; and the term of service of those drafted under it cannot exceed three years, though the war should continue longer. Such limitations of the time would have prevented the compulsory requirement of military service from being unconstitutional, though it had included every able-bodied male inhabitant.

[From the Illinois State Journal of June 17, 1864.] THE CONSTITUTIONALITY OF THE ENROLLMENT ACT AFFIRMED.

In the United States Circuit Court, Judges David Davis and 8. H. Treat upon the bench, an important decision was rendered on the 15th instant. It was on a motion to quash the indictment in the case of "The United States agt. John Graham and others," for resistance to the enrollment in

(3.) It incorporates into this new national force every civil officer of the State except the Governor, and every offcer of its social institutions and military organization within the prescribed age, thus subjecting the civil, social, and

military organizations of the States to the Federal power to

"raise armies."

(4.) It provides for a thorough fusion of the army and the militia, two forces which are kept distinct by the Constitution, by investing the President with power to assign the soldiers obtained by the draft to any corps, regiment, or branch of service at his pleasure.

(5.) It subjects the citizen to the rules and articles of war before he is in "actual service," and proposes to effect this purpose by merely drawing his name from a wheel and serving notice of that fact upon him.

The key-note of Judge Woodward's opinion. is this paragraph:

The great vice of the conscript law is, that it is founded on an assumption that Congress may take away, not the State rights of the citizen, but the security and foundation of his State rights. And how long is civil liberty expected. to last, after the securities of civil liberty are destroyed ? The Constitution of the United States committed the liberties of the citizen in part to the Federal Government, but.. expressly reserved to the States, and the people of thes States, all it did not delegate. It gave the General Govern

ment a standing army, but left to the States their militia. Its purposes in all this balancing of powers were wise and good, but this legislation disregards these distinctions and upturns the whole system of government when it converts the State militia into "National forces," and claims to use and govern them as such.

Chief Justice Lowrie and Justice Thompson elaborate the same point.

the attention of the General Government at Washington to the errors in the apportionment of the quota of this State under the enrollment act of 3d March, 1863, and for his prompt and efficient efforts in procuring a correction of the

same.

GENERAL M'CLEllan urged a DRAFT IN 1861.

Soon after General McClellan assumed com

mand of the army, succeeding General Scott, he wrote this letter to the President:

1864, Jan. 16-The same court, then differently constituted by the defeat of Chief Justice Lowrie at the October election and the choice of WASHINGTON, August 20, 1861. Daniel Agnew, directed the orders granted in SIR: I have just received the inclosed dispatch in cipher the cases heard in November to be vacated, and Colonel Marcy knows what he says, and is of the coolest affirming the constitutionality of the enroll-judgment. I recommend that the Secretary of War ascer tain at once by telegram how the enrollment proceeds in ment act, overruled the motions for injunctions New York and elsewhere, and that, if it is not proceeding to restrain certain provost marshals from pro- with great rapidity, drafts to be made at once. We must ceeding with the enrollment and draft. Messrs. have men without delay. Respectfully your obedient servant, Strong, Read and Agnew constituted the majority, and Woodward and Thompson the minority.

Justice Agnew closed his opinion with stating these conclusions:

The constitutional authority to use the national forces creates a corresponding duty to provide a number adequate to the necessity. The duty is vital and essential, falling back on the fundamental right of self-preservation, and the powers expressed to declare war, raise armies, maintain navies, and provide for the common defence. Power and duty now go hand in hand with the extremity until every available man in the nation is called into service, if the emergency requires it, and of this there can be no judge but Congress.

They may proceed, therefore, to the exhaustion of the whole element from which the State draws its militia, for the people, under the two powers, are the same; while the supremacy of the national power, provided in section 2 of article 6, necessarily draws to itself the whole number, if required by the exigency, to the exclusion of the State

power.

And in reason why should a major power be restricted by a minor? The power to raise armies comprehends for its purposes the whole scope of the purposes of armies, while the authority to call out the militia is confined to the enumerated three.

But it is a mistake in fact to say this case exhausts the militia. It enrolls probably all; for how can any be drafted without all be known? But the draft is confined to so many as are needed for the emergency, while the others remain in the militia. And if you deny the power to repeat the draft, what is that but to say your force shall not increase with the necessity?

Nor is it true that the enrollment under this law exhausts the militia. Neither the law of Congress, nor the laws of the States, so far as we know them, have enrolled all able bodied men capable of militia duty. A wide inargin yet exists in the law of the nation; but we do hear of this margin being written all over in the seceded States.

As to the objection to the 13th section, providing the punishment of desertion for those who fail to appear, it is only necessary to say, we cannot presume the complainant will be guilty of failing to perform his legal duty subsequent to the draft, when he finds the law valid which drafts him. He asks us to relieve him from the draft, not from a military trial for misconduct. Whenever he chooses to incur the proposed penalty for disobeying a valid law, it will be in time for the proper tribunal to arrest an illegal mode of punishment.

The question of jurisdiction is unnecessary to a decision. The point is too important, the cases too numerous, and the labor too great. It should therefore be left for a decision

when it shall have to be met.

For all these reasons I concur in rescinding the order for a preliminary injunction.

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GEORGE B. MCCLELLAN, Maj. Gen. U. & A.

DISPATCH FROM COL. R. B. MARCY TO GENERAL MCCLELLAN,

NEW YORK, August 20, 1861.

I urge upon you to make a positive and unconditional demand for an immediate draft of the additional troops you require. Men will not volunteer now, and drafting is the only successful plan. The people will applaud such a course, rely upon it. I will be in Washington to-morrow.

R. B. MARCY.

Colored Soldiers.

Second Session, Thirty-Seventh Congress. 1862, July 17—These provisions became law: That the President be, and he is hereby, authorized to receive into the service of the United States, for the purpose of constructing intrenchments, or performing camp ser vice, or any other labor, or any military or naval service for which they may be found competent, persons of African de scent; and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe.

That when any man or boy of African descent, who by the laws of any State shall owe service or labor to any person who, during the present rebellion, has levied war or has borne arms against the United States, or adhered to their enemies by giving them aid and comfort, shall render any such service as is provided for in this act, he, his mother, and his wife and children shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary not withstanding: Provided, That the mother, wife and children of such man or boy of African descent shall not be made free by the operation of this act except where such mother, wife or children owe service or labor to some person who, during the present rebellion, has borne arms against the United States or adhered to their enemies by giving them aid and comfort.

That the expenses incurred to carry this act into effect shall be paid out of the general appropriation for the army and volunteers.

That all persons who have been or shall be hereafter enrolled in the service of the United States under this act shall receive the pay and rations now allowed by law to soldiers, according to their respective grades: Provided, That persons of African descent, who under this law shall be employed, shall receive ten dollars per month and cos ration, three dollars of which monthly pay may be in clothing.

1863, May 3-Section 10 of the Engineer bill provides that the President of the United States be, and he is hereby, authorized to cause to be enlisted, for each cook, two under-cooks, of African descent, who shall receive for their full compensation ten dollars per month, and one ration per day-three dollars of said monthly pay may be in clothing.

1863, March 3-Includes all able-bodied males.

1864, Feb. 24-(Section 24) directs that all able-bodied male colored persons between twenty and forty-five, resident in the United States, shall be enrolled and form part of the national forces. When a slave of a loyal master shall be drafted, his master shall have a

certificate and the bounty of $100 and the slave | ing that when any man or boy of African shall be free. [For whole section, and for other votes on colored soldiers, see other pages.]

IN SENATE.

Pending the consideration of the bill of 1862, 1862, July 10-Mr. DAVIS, of Kentucky, moved to strike out the words "or any military or naval service for which they may be found competent;" which was rejected-yeas 11, nays 27, as follows:

YEAS-Messrs. Carlile, Cowan, Davis, Henderson, KenRedy, Powell, Saulsbury, Stark, Willey, Wilson of Missouri, Wright-11.

NAYS-Messrs. Anthony, Browning, Chandler, Clark, Collamer, Doolittle, Fessenden, Foot, Grimes, Hale, Harlan, Harris, Howard, King, Lane of Indiana, Lane of Kansas, Morrill, Pomeroy, Rice, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson of Massachu

Betts 27.

Mr. HENDERSON moved to limit the section to "free" persons of African descent, and to "such persons of African descent as may owe service or labor to persons engaged in the rebellion;" which was negatived-yeas 13, nays 22, as follows:

YEAS-Messrs. Anthony, Browning, Cowan, Davis, Henderson, Lane of Indiana, McDougall, Powell, Rice, Stark, Willey, Wilson of Missouri, Wright-13.

NAYS-Messrs. Chandler, Clark, Collamer, Doolittle, Fessenden, Foot, Grimes, Hale, Harlan, Harris, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sherman, Simmons, Sumner, Trumbull, Wilkinson, Wilmot, Wilson of Massachusetts-22.

Mr. HENDERSON moved to add the following:

Provided, That all loyal persons entitled to the service or labor of such persons, according to the laws of the State in which the owner of such slave may reside, employed under the provisions of this act, shall be compensated for the loss of such service.

Which was agreed to-yeas 20, nays 17, as follows:

YEAS Messrs. Anthony, Browning, Collamer, Cowan, Davis, Doolittle, Foot, Foster, Harlan, Henderson, Howe, Lane of Indiana, McDougall, Powell, Simmons, Stark, Ten Eyck, Willey, Wilson of Missouri, Wright-20.

NAYS-Messrs. Chandler, Clark, Fessenden, Grimes, Hale, Harris, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sherman, Sumner, Trumbull, Wilkinson, Wilmot, Wilson of Massachusetts-17.

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Mr. LANE, of Kansas, moved to amend the section by directing" as well as "authorizing" the President to receive into the service, &c., which was rejected.

Mr. SUERMAN moved to amend by making the section read

That when any man or boy of African descent, who by the laws of any State shall owe service or labor to any person who, during the present rebellion, has levied war or borne arms against the United States, or adhered to their enemies by giving them aid and comfort, shall render any such service as is provided for in the first section of this act, he, his mother, and his wife and children shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary notwithstanding.

Which was agreed to-yeas 22, nays 16, as follows:

YEAS-Messrs. Anthony, Browning, Collamer, Cowan, Davis, Doolittle, Foster, Harris, Henderson, Howard, Howe, Kennedy, Lane of Indiana, McDougall, Rice, Sherman Simmons, Stark, Ten Eyck, Willey, Wilson of Missouri, Wright-22.

NAYS-Messrs. Chandler, Clark, Foot, Grimes, Hale, Harlan, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Mass-16.

The bill was then dropped, and, July 14, Mr. WILSON reported a bill to amend the act calling forth the militia, containing the provisions which were finally passed, and provid

descent shall render any such service, he, his mother, and his wife and children are forever thereafter to be free.

Mr. BROWNING moved to strike out the clause liberating the mother, wife, and children; which was negatived-yeas 17, nays 20:

YEAS-Messrs. Browning, Collamer, Cowan, Davis, Doolittle, Foster, Harris, Henderson, Lane of Indiana, Powell, Missouri, Wright-17. Rice, Saulsbury, Sherman, Stark, Ten Eyck, Wilson of

NAYS-Messrs. Chandler, Clark, Fessenden, Foot, Grimes, Hale, Harlan, Howard, Howe, King, Lane of Kansas, Morrill, Pomeroy, Simmons, Sumner, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachuetts-20.

Mr. BROWNING moved to limit the liberation

of the mother, wife, and children to cases in which the owner has borne arms against the United States or adhered to their enemies, by giving them aid and comfort; which was agreed to-yeas 21, nays 16, as follows:

YEAS-Messrs. Browning, Collamer, Cowan, Davis, Doolittle, Fessenden, Foster, Harris, Henderson, Kennedy, Lane of Indiana, Powell, Rice, Saulsbury, Sherman, Simmons, Stark, Ten Eyck, Willey, Wilson of Missouri, Wright-21.

NAYS-Messrs. Chandler, Clark, Foot, Grimes, Hale, Harlan, Howard, Howe, King, Lane of Kansas, Sumner, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts16.

The bill was passed-yeas 28, nays 9, (Bayard, Carlile, Davis, Kennedy, Powell, Saulsbury, Stark, Willey, Wilson of Missouri.)

1862, May 16-Pending the consideration of treason and rebellion, a bill to suppress insurrection and to punish

Mr. DAVIS moved to strike from the first sec

tion the words " and all his slaves, if any, shall be declared and made free," and make the imprisonment not less than five nor more than twenty years; which was rejected-yeas 7, nays 31, as follows:

YEAS-Messrs. Davis, McDougall, Pearce, Powell, Saulsbury, Stark, Wilson of Missouri-7.

NAYS-Messrs. Anthony, Browning, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harris, Henderson, Howard, Howe, King, Lane of Indiana, Lane of Kansas, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Willey, Wilmot, Wilson of Massachusetts, Wright―31.

May 19-Mr. POWELL moved to strike out the eleventh section:

That the President of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.

Which was rejected-yeas 11, nays 25, as follows:

YEAS-Messrs. Carlile, Davis, Henderson, Latham, Pearce, Powell, Saulsbury, Stark, Willey, Wilson of Missouri, Wright -11.

NAYS Messrs. Anthony, Browning, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harlan, Harris, Howard, Howe, Lane of Kansas, Pomeroy,. Sherman, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts-25.

The bill did not get to a final vote.

IN HOUSE.

July 16-The Senate bill quoted above was taken up, when

Mr. HOLMAN moved that it do lie upon the table, which was negatived-yeas 30, nays 77, as follows:

YEAS-Messrs. William Allen, William J. Allen, Biddle, der, Hall, Harding, Holman, Kerrigan, Knapp, Law, Lazear, Calvert, Clements, Cobb, Cox, Crisfield, Dunlap, Fouke, GriMallory, May, Maynard, Menzies, Pendleton, John S. Phelps,

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