Militia Act of 1862
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| Long title | An Act to amend the Act calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions, approved February twenty-eight, seventeen hundred and ninety-five, and the Acts amendatory thereof, and for other Purposes. |
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| Enacted by | the 37th United States Congress |
| Effective | July 17, 1862 |
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| Statutes at Large | 12 Stat. 597 |
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The Militia Act of 1862, 12 Stat. 597, enacted July 17, 1862, was legislation enacted by the 37th United States Congress during the American Civil War that allowed African-Americans to participate as war laborers and soldiers for the first time since the Militia Act of 1792.
The act created controversy on several fronts. Praised by many abolitionists activists as a first step toward equality, it stipulated that the black recruits could be soldiers or manual laborers. Although black soldiers proved themselves as reputable soldiers, discrimination in pay and other areas remained widespread. According to the Militia Act of 1862, most soldiers of African descent were to receive $10 a month, with an additional reduction of $3 for clothing. Therefore, a black soldier's pay would be almost half as much as the white's wage of $13. According to historian Eric Foner, however, the difference in pay stemmed from the fact that the legislation envisioned blacks mainly as military laborers freeing up whites for combat. Many regiments struggled for equal pay, some refusing any money until June 15, 1864, when Congress vacated that portion of the Militia Act and granted equal pay for all black soldiers.
By the summer of 1862, African American involvement in the Civil War was the center of a nationwide 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.
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