As early as May 26, 1862, Mr. Sumner introduced a resolution declaring that the time had come for the Government “to invite all, without distinction of color, to make their loyalty manifest by ceasing to fight or labor for the Rebels, and also by rendering every assistance in their power to the cause of the Constitution and the Union, according to their ability, whether by arms, or labor, or information, or in any other way.”
After much debate, an Act was passed to amend the Act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, approved February 28, 1795. The new Act, approved by the President July 17, 1862, contained the following provision:—
“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 service or any other labor, or any military or naval service for which they may be found competent, persons of African descent; and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe.”[137]
This was the beginning of colored troops.
In his speech at Faneuil Hall, October 6, 1862,[138] Mr. Sumner justified an appeal to the slaves.
In the Senate, February 9, 1863, he introduced the following bill, providing for the enlistment of slaves and others of African descent, which was referred to the Committee on Military Affairs and the Militia, and ordered to be printed.
A Bill to raise additional Soldiers for the Service of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each and every able-bodied male person of the age of eighteen years and under forty-five years, made free by the Act of Congress, approved August sixth, eighteen hundred and sixty-one, entitled “An Act to confiscate property used for insurrectionary purposes,” or the Act of July seventeenth, eighteen hundred and sixty-two, entitled “An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of Rebels, and for other purposes,” or by Proclamations of the President of the United States, dated September twenty-second, eighteen hundred and sixty-two, and January first, eighteen hundred and sixty-three, respectively, or by any other legal and competent authority exercised in suppressing the present Rebellion, shall severally be forthwith enrolled as a military force of the United States by the commanding officer within whose department such persons shall be found, and they shall be organized, armed, equipped, and mustered into the service of the United States, to serve during the present war, to a number not exceeding three hundred thousand men.
Sec. 2. And be it further enacted, That the said military force shall be organized according to the regulations of the branch of service in which they may be designated to serve, and receive the same rations, clothing, and equipments as volunteers, and a monthly pay of seven dollars, to be paid one half at the end of each month, and the other half when discharged. They shall be officered by persons appointed and commissioned by the President, and governed by the rules and articles of war, and such other rules and regulations as may be prescribed by law. Each person so serving as a non-commissioned officer or private in such military force of the United States shall be entitled to receive, upon his discharge, ten acres of land, and each person so serving as a commissioned officer shall be entitled to receive twenty-five acres, the same to be located upon any lands confiscated during the present Rebellion, and not reserved by the Government for public use; the land so located to be occupied only as a homestead by the person entitled to receive the same, and his family.