Militia Act of 1862 - Background

Background

By the summer of 1862, African American involvement in the Civil War was the center of a nation-wide debate. Although the U.S. War Department had refused to accept black army volunteers since the start of the war, Union members were beginning to consider the benefits of having their support. While regarding the nationwide indecision, Congress had the ultimate power to decide whether people of African descent would participate in the Civil War as laborers and/or soldiers.

The 37th Congress neither leaned heavily towards the enrollment of black volunteers, nor towards their continued blockage. While the idea to use African Americans as laborers was generally accepted in Congress, the employment of black soldiers was not. Therefore, those of the 37th Congress in support of black combatants were proposing one of the most important developments of the war.

Observing the racial discrimination and strong opposition among ranks of military officers, Congress began to fear that black involvement would only prolong the war. But, in great contradiction, the overwhelming argument from those in support of black involvement was that at this point in the war, the contribution of more soldiers was extremely advantageous to the Army of the Potomac, regardless of their skin color. Justifying the use of black soldiers as a war necessity, the issued Militia Act of 1862 established the legality of black soldiers. Yet the recruits’ salary was overlooked and established at $7 a month, almost half of what white soldiers received.

Congress created the Militia Act of 1862—despite great opposition from the less radical members—as a war necessity to allow the army black soldier recruits, and with it, enforced unequal pay upon black combatants.