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 dol lars in the present currency. EDWIN M. STANTON, Secretary of War. WAR DEPARTMENT, Washington City, Aug. 8. Ordered-First. That all United States Marshals, and But Mr. SCHENCK declined to yield the floor. After a brief explanation the bill passed-perintendents, and chiefs of police of any town, city or yeas 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. YEAS-Messrs. Buckalew, Davis, Hendricks, Powell, Rich trict, and they are hereby authorized and directed to arrest and impson any person or persons who may be engaged, by any act of speech or writing, in discouraging volunteer nents, or in any way giving aid and comfort to the enemy, or in any other disloyal practice against the United States. Second. That immediate report be made to Major L. C. Turner, Judge Advocate, in order that such persons may be tried before a military commission. Third. The expenses of such arrest and imprisonment will be certified to the chief clerk of the War Department for settlement and payment. 1 EDWIN M. STANTON, Secretary of War. WASHINGTON, August 14. The following was issued to-day from the War Department: 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, SHERIFFS, ETC. The quota of volunteers and enrollment of militia having Which was rejected-yeas 5, nays 26, as fol- been completed in the several States, the necessity for a lows: stringent enforcement of the orders of the War Department Arrests for violation of these orders and for disloyal prac in respect to volunteering and drafting no longer exists. by direction of the military commanders or Governor of the tices will hereafter be made only upon express warrant, or State in which such arrests may be made. And restrictions upon travel imposed by these orders are rescinded. ardson-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. ORDERS ISSUED BY THE SECRETARY OF WAR IN 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. 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 jurisdiction 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 ar rest, shall be deducted from his pay. Third. The writ of habeas corpus is hereby suspended in L. C. TURNER, Judge Advocate. 1863, May 8-The PRESIDENT issued a proclamation 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 alienage 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 who shall be found within the United States at any time during the continuance of the present insurrection and re bellion, at or after the expiration of the period of sixty-five days from the date of this proclamation; nor shall any such plea of alienage be allowed in favor of any such person who has so, as aforesaid, declared his intention to become a citi zen of the United States, and shall have exercised at any time the right of suffrage, or any other political franchise the laws of any of the several States. within the United States, under the laws thereof, or under JUDICIAL DECISIONS UPON THE CONSTITUTIONALITY OF THE CONSCRIPTION ACT. 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 powers conferred by the Constitution upon Congress, The court rendered a decision affirming the constitution 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 Constitution empowering Congress to raise and equip on it as to the militia of the respective States. Until the armies. This is the first decision under the enrollment act act in question, the national armies had been raised by y rendered in this State, and is therefore important. The untary enlistment. The system of enrollment andarat motion to quash the indictment was granted, on the ground had long been matured as to the militia of the States. But that the punishment of the particular class of offenders nutil the summer of 1862 the utmost penalty for not serv- charged was not specifically provided for in the act of July, ing when drafted from such militia for the service of the 1863. It was admitted, however, that the act as amended United States had been pecuniary, with limited imprison- by the act of February, 1864, covers the whole point, and ment for non-payment. The act of Congress of 17th July, that, as the law now stands, resistance to the enrollment is 1962, authorized impressment into the military service of liable to the severest penalties. The decision was renthe United States of those persons drafted from the militia dered by Judge Treat, Judge Davis concurring. 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, $56, 64, 65.) The constitutionality of the act of 17th July, 1962, 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 litary 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 gestion whether he had been lawfully drafted or was liable to serve, was open to decision by the ordinary tribuBa's 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. THE TWO DECISIONS OF THE SUPREME COURT OF PENNSYLVANIA. A majority of the judges of the Supreme Court of Pennsylvania, as constituted in November, 1863, pronounced the enrollment law unconstitutional. Chief Justice Lowrie and Justices George W. Woodward and James Thompson concurred in this judgment, and Justices William Strong and John M. Read dissented. cision: These points are covered by the de 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 on listments. 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 The enactments of the law in question are not so arFederal Government, and was not only not granted away maged that its provisions for the preparatory enrollment, but expressly reserved at the formation of the Constitution: And those for the draft, are always separated. They must annuls the remedy for insurrection expressly provided by however, be kept distinct when they are considered with provided for; and converts into national forces as part of the Constitution, and substitutes a new one not therein reference to the Constitution. The most unlimited system the regular army of the General Government the whole. of mere enrollment could not be constitutionally objec-militia force of the States, not on the contingency therein tionable. But a system of drafting might be arbitrary and latitudinarian to such an extent as to encroach upon constitunal rights. ***** The constitutional authority to enact the law which is under consideration was derived Exlusively from the power to raise armies. It cannot be enlarged under the authority which the Constitution also toulers 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 Ender it is to cease on the termination of the civil war, for whose exigencies it provides; and the term of service of these 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 litary service from being unconstitutional, though it had tcluded 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. Trent upon the bench, an importint 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 Groham and others," for resistance to the enrollment in provided for nor in the form therein prescribed, but entirely irrespective thereof. civil officer of the State except the Governor, and every offi(3.) It incorporates into this new national force every cer 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 Constitu tion, 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. 1864, Jan. 16-The same court, then differently constituted by the defeat of Chief Justice Low rie at the October election and the choice of Daniel Agnew, directed the orders granted in the cases heard in November to be vacated, and affirming the constitutionality of the enrollment act, overruled the motions for injunctions to restrain certain provost marshals from proceeding with the enrollment and draft. Messrs. 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 eurolls 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 margin yet exists in the law of the nation; but we do hear of this margin being written all over in the seceded States. 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. mand of the army, succeeding General Scott, WASHINGTON, August 20, 1861. SIR: I have just received the inclosed dispatch in cipher Colonel Marcy knows what he says, and is of the coolest judgment. I recommend that the Secretary of War ascer New York and elsewhere, and that, if it is not proceeding tain at once by telegram how the enrollment proceeds in with great rapidity, drafts to be made at once. We must have men without delay. Respectfully your obedient servant, GEORGE B. MCCLELLAN, Maj. Gen. U. S. 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 Constitu tion 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 friss 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 per son 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. As to the objection to the 13th section, providing the punishment of desertion for those who fail to appear, it is That all persons who have been or shall be hereafter en only necessary to say, we cannot presume the complainant rolled in the service of the United States under this act will be guilty of failing to perform his legal duty subse-shall receive the pay and rations now allowed by law to quent to the draft, when he finds the law valid which soldiers, according to their respective grades: Provided, drafts him. He asks us to relieve him from the draft, not That persons of African descent, who under this law shall from a military trial for misconduct. Whenever he chooses be employed, shall receive ten dollars per month and one to incur the proposed penalty for disobeying a valid law, it ration, three dollars of which monthly pay may be in will be in time for the proper tribunal to arrest an illegal clothing. 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. 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 African descent, who shall receive for their be enlisted, for each cook, two under-cooks, of 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 mas ter 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, Kennedy, 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 setts-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-Mossrs. Anthony, Browning, Cowan, Davis, Henderson, Lane of Indiana, McDougall, Powell, Rice, Stark, Willey, Wilson of Missouri, Wright—13. NAYS Messrs. Chandler, Clark, Collamer, Doolittle, Fes senden, 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, Lano 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. 66 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. SHERMAN 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 section 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. 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, Shiel, John B. Steele, William G. Steele, Stiles, Webster, | Baily, Biddle, Jacob B. Blair, Calvert, Clements, Cobb, Cor, Wickliffe-30. NAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Samuel S. Blair, Blake, Buffinton, Campbell, Colfax, Roscoe Conkling, Cutler, Davis, Dawes, Duell, Dunn, Edwards, Ely, Fenton, Fessenden, Frank, Goodwin, Granger, Haight, Hale, Hanchett, Hooper, Julian, Kelley, Francis W. Kellogg, William Kellogg, Leary, Loomis, Lovejoy, Low, McKnight, McPherson, Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Timothy G. Phelps, Pike, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Shellabarger, Sherman, Smith, Spaulding, Stevens, Stratton, Benjamin F. Thomas, Train, Trimble, Trowbridge, Van Horn, Verree, Wall, Wallace, Walton, Ward, Wilson, Windom, Worcester-77. The bill then passed. PREVIOUS PROCEEDINGS ON THIS SUBJECT. Third Session, Thirty-Seventh Congress. 1863, January 27-Mr. STEVENS offered a bill for the enlistment of 150,000 soldiers, persons of color or of African descent, to serve for five years, and to receive a bounty of $5, and pay at the rate of $10 per month, recruiting stations to be established in free or slave States, regimental officers to be white, company officers white or colored as the President may direct. Slaves and freemen may be enlisted; such persons shall never again be slaves, but the United States shall pay for such of them as belong to persons not disloyal. Cravens, Crisfield, Crittenden, Delaplaine, Granger, Grider, IN SENATE. Pending the engineer bill, March 2-Mr. DAVIS offered this new section: That no negro, free or slave, shall be enrolled in the military, marine, or naval service of the United States. Which was not agreed to-yeas 12, nays 23, as follows: mith, Powell, Richardson, Saulsbury, Turpie, Wall, Willey, YEAS-Messrs. Davis, Henderson, Hicks, Kennedy, NesWilson of Missouri-12. NAYS-Messrs. Chandler, Clark, Collamer, Cowan, DooHarris, Howard, Howe, Lane of Indiana, Lane of Kansas, little, Fessenden, Foot, Foster, Grimes, Harding, Harlan, Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Wilkinson, Wilson of Massachusetts-23. Mr. POWELL offered to amend the eighth section by adding this proviso: Provided, That no person of African descent shall be commissioned or hold an office in the army of the United States. Which was agreed to-yeas 18, nays 17, as follows: NAYS-Messrs. Chandler, Clark, Doolittle, Fessenden, Foot, Foster, Grimes, Harlan, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wilkinson, Wilson of Massachusetts-17. Mr. HICKMAN offered a substitute authorizing the organization of three hundred colored regi-Howe, Kennedy, Lane of Indiana, Nesmith, Powell, Rick YEAS-Cowan, Davis, Harding, Harris, Henderson, Hicks, ments to be uniformed in a special and marked ardson, Saulsbury, Ten Eyck, Turpie, Wall, Willey, Wilson manner, to serve for seven years, at a monthly of Missouri-18. pay of $6 50, one half to be retained till discharged-their officers to be of collegiate education and receive twice the pay of other officers. The bill contained a colonization feature, and appropriated the proceeds of confiscation to be applied to educational purposes in the States in which the property confiscated, lies. The bill was repeatedly before the House, was severely "filibustered," and was finally modified by Mr. STEVENS to read as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to enroll, arm, equip, and receive into the land and naval service of the United States, such number of volunteers of African descent as he may deem useful to suppress the present rebellion, for such term of service as he may prescribe, not exceeding five years. The said volunteers to be organized according to the regulations of the branch of service in which they may be enlisted, to receive the same rations, clothing, and equipments as other volunteers, and a monthly pay not to exceed that of other volunteers; to be officered by persons appointed and commissioned by the President, and to be governed by the rules and articles of war and such other rules and regulations as may be prescribed by the President: Provided, That nothing herein contained, or Mr. LANE, of Kansas, moved to add to the above proviso the following words: Except company officers in companies composed exclusively of persons of African descent. Which was agreed to-yeas 19, nays 17, as follows: YEAS-Messrs. Chandler, Clark, Collamer, Doolittle, Fessenden, Foot, Foster, Grimes, Harlan, Howe, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wilkinson, Wilmot, Wilson of Massachusetts-19. NAYS-Messrs. Cowan, Davis, Harding, Harris, Henderson, Hicks, Howard, Lane of Indiana, Nesmith, Powell, Richardson, Saulsbury, Sherman, Ten Eyck, Wall, Willey, Wilson of Missouri-17. The eighth section was then stricken out without a division. PAY OF COLORED SOLDIERS. First Session, Thirty-Eighth Congress. Mr. CowAN moved to strike out all after the enacting clause, and insert: 1864, February 23-The Senate considered in the rules and articles of war, shall be so construed as to the joint resolution to equalize the pay of solauthorize or permit any officer of African descent to be ap-diers. pointed to rank, or to exercise military or naval authority over white officers, soldiers, or men in the military or naval service of the United States; nor shall any greater pay than ten dollars per month, with the usual allowance of clothing and rations, be allowed or paid to privates or laborers of African descent which are, or may be, in the military or naval service of the United States: Provided further, That the slaves of loyal citizens in the States exempt by the President's proclamation of January 1, 1863, shall not be received into the armed service of the United States, nor shall there be recruiting offices opened in either of the States of Delaware, Maryland, West Virginia, Kentucky, Tennessee, or Missouri, without the consent of the Governor of said State having been first obtained. February 2-It passed the House-yeas 85, nays 57. The NAYS were NAYS--Messrs. William Allen, William J. Allen, Ancona, That from and after the passage of this joint resolution the soldiers of the United States of America, of the same grade and service, shall be entitled to the same pay, rations, and pensions. Mr. Davis moved to insert the following as a substitute: All negroes and mulattoes, by whatever term designated, in the military service of the United States, be, and the same are hereby declared to be, discharged from such ser vice, and shall be disarmed as soon as practicable; but the President of the United States may retain such of said ne groes and mulattoes as he shall deem proper in the military service as teamsters and laborers; and the commandants of |