I found this in the Official Records and thought others might find it interesting.
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The substitution of colored for white men under the draft of July, 1863.
This draft was made in order to fill up the ranks of the depleted regiments in the field, especially those in the Army of the Potomac. During its progress every variety of artifice was put in practice, especially by those opposed to the war, not only to escape service, but to do so at the least possible cost, without regard to the interests of the Government. One method was to take advantage of the ignorance and necessities of negroes and buy them up at a cheap rate as substitutes for drafted white men. So far as this practice was permitted to prevail the purpose of this draft, filling up the ranks of the old regiments (which were composed of white troops), was defeated The traffic was carried on among those negroes already freed, and did not benefit those held in bondage, nor was it designed to do so by the persons engaged in it. In view of these facts, and of the further fact that the Government could not at that time put negroes to good use as soldiers, the laws in reference to the status of negroes were examined to see whether they required that a negro should be taken as a substitute for a white man under the draft then in progress.
The legislation affecting the status and rights of this class of persons had been gradual and was incomplete. The result of it was before the Bureau in the following opinion of the Solicitor of the War Department:
In regard to the employment of persons of African descent in the military service, their pay, and emoluments.
By the eleventh section of the act of July 17, 1862, entitled "An act to define the pay and emoluments," &c., the President was authorized to employ as many persons of African descent as he should deem necessary and proper for the suppression of this rebellion, and to organize and use.them in such manner as he judged for public welfare. No provision was specially made for their compensation in that act.
By the fifteenth section of the act of July 17, entitled "An act to amend the act calling forth the militia," &c., it is provided that each person enrolled under that act (authorizing the raising of 100,000 volunteers for nine months), who should enlist in the infantry under the provisions of section 3 of that act, should be entitled to receive his first month's pay and $25 bounty upon the mustering of his company or regiment into the service of the United States. (See section 3.)
2. All persons enrolled under that act are entitled to receive (by section 15) the pay and rations now allowed by law to soldiers, according to their respective grades: Provided, That persons of African descent who should be employed under the law should receive $10 per month and one ration each per day, of which $3 might be paid in clothing. By the act of March 3, 1863, cooks of African descent are entitled to receive for their full compensation $10 per month and one ration each per day, $3 of which monthly pay may be in clothing.
It seems, therefore, that in accordance with the foregoing acts persons of African descent received into the service of the United States as volunteers under said act are entitled to receive as pay $10 per month and one ration daily, of which monthly pay $3 per month may be in clothing.
WILLIAM WHITING,
Solicitor of the War Department.
APRIL 25, 1863.
Congress made a distinction, especially in the matter of bounty, between white and colored troops, and continued it up to July, 1864, as shown in this report, under the head of "Colored men and their relation to the military service." It does not appear whether this resulted only from the general principles governing supply and demand, or from a supposed difference in the value as soldiers of these two classes of persons.
The Solicitor, when consulted on the particular point of accepting negroes as substitutes for white men, under the draft then being made, was of opinion that it would not be in accordance with the meaning and intention of the laws in force at the time to do so. In compliance with special instructions from the President, an order was issued on the 20th of July, 1863,(a) directing that men of African descent should only be accepted as substitutes for each other.
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Tim
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The substitution of colored for white men under the draft of July, 1863.
This draft was made in order to fill up the ranks of the depleted regiments in the field, especially those in the Army of the Potomac. During its progress every variety of artifice was put in practice, especially by those opposed to the war, not only to escape service, but to do so at the least possible cost, without regard to the interests of the Government. One method was to take advantage of the ignorance and necessities of negroes and buy them up at a cheap rate as substitutes for drafted white men. So far as this practice was permitted to prevail the purpose of this draft, filling up the ranks of the old regiments (which were composed of white troops), was defeated The traffic was carried on among those negroes already freed, and did not benefit those held in bondage, nor was it designed to do so by the persons engaged in it. In view of these facts, and of the further fact that the Government could not at that time put negroes to good use as soldiers, the laws in reference to the status of negroes were examined to see whether they required that a negro should be taken as a substitute for a white man under the draft then in progress.
The legislation affecting the status and rights of this class of persons had been gradual and was incomplete. The result of it was before the Bureau in the following opinion of the Solicitor of the War Department:
In regard to the employment of persons of African descent in the military service, their pay, and emoluments.
By the eleventh section of the act of July 17, 1862, entitled "An act to define the pay and emoluments," &c., the President was authorized to employ as many persons of African descent as he should deem necessary and proper for the suppression of this rebellion, and to organize and use.them in such manner as he judged for public welfare. No provision was specially made for their compensation in that act.
By the fifteenth section of the act of July 17, entitled "An act to amend the act calling forth the militia," &c., it is provided that each person enrolled under that act (authorizing the raising of 100,000 volunteers for nine months), who should enlist in the infantry under the provisions of section 3 of that act, should be entitled to receive his first month's pay and $25 bounty upon the mustering of his company or regiment into the service of the United States. (See section 3.)
2. All persons enrolled under that act are entitled to receive (by section 15) the pay and rations now allowed by law to soldiers, according to their respective grades: Provided, That persons of African descent who should be employed under the law should receive $10 per month and one ration each per day, of which $3 might be paid in clothing. By the act of March 3, 1863, cooks of African descent are entitled to receive for their full compensation $10 per month and one ration each per day, $3 of which monthly pay may be in clothing.
It seems, therefore, that in accordance with the foregoing acts persons of African descent received into the service of the United States as volunteers under said act are entitled to receive as pay $10 per month and one ration daily, of which monthly pay $3 per month may be in clothing.
WILLIAM WHITING,
Solicitor of the War Department.
APRIL 25, 1863.
The Solicitor, when consulted on the particular point of accepting negroes as substitutes for white men, under the draft then being made, was of opinion that it would not be in accordance with the meaning and intention of the laws in force at the time to do so. In compliance with special instructions from the President, an order was issued on the 20th of July, 1863,(a) directing that men of African descent should only be accepted as substitutes for each other.
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Tim
Bringing the