“ [46] he is not liable to do military duty, the board of enrolment shall relieve him from draft.” The amendment was agreed to. Mr. Nesmith moved to strike out the third section, providing that the national forces should be divided into two classes, the first of which should comprise all persons subject to do military duty between the ages of eighteen and thirty years, and all unmarried persons subject to do military duty above the age of thirty and under the age of forty-five; the second class should comprise all other persons subject to do military duty; and they should not, in any district, be called into the service of the United States until those of the first class should have been called. Mr. Wilson moved to amend the section proposed to be stricken out, by striking out the word “eighteen” and inserting “twenty,” and striking out the word “thirty” and inserting “thirty-five,” so that the classes would be from twenty to thirty-five, and from thirty-five to forty-five; and the amendment was agreed to. Mr. Nesmith's motion to strike out the third section was lost.
Mr. Doolittle moved to amend the first section by adding that persons of foreign birth who should have declared on oath their intention to become citizens, and who should have exercised the privileges of citizens by voting in the United States, should be deemed to be citizens of the United States within the meaning of the act. The amendment was opposed by Mr. Howard, of Michigan, and Mr. Davis, of Kentucky, and rejected. Mr. Harris, of New-York, moved to amend the bill by adding, “persons who, being from scruples of conscience averse to bearing arms, are, by the constitution of any State, excused therefrom.” Mr. McDougall, of California, declared that the obligation rested equally upon all, and the law should apply to all. Mr. Clark, of New-Hampshire, would exempt those whose religious feelings would be shocked if compelled to bear arms. Mr. Ten Eyck, of New-Jersey, thought the amendment did not go far enough. Mr. Lane, of Indiana, said the effect of the amendment would be unequal and unjust. Mr. Sumner moved to modify Mr. Harris's amendment so as to exempt the clergy. Mr. McDougall hoped the Senator from Massachusetts would not include the Methodist clergy, as they were a fighting clergy. Mr. Howard thought the loyal clergy were the most fighting portion of the people. Mr. Wilson would not exempt lawyers or clergymen. Mr. Davis would say to all of them: “Fight, pay, or emigrate.” Mr. Henderson, of Missouri, would excuse nobody. Mr. Harris then withdrew his amendment. Mr. Sumner moved to exempt ministers of the Gospel. The amendment was supported by Mr. Sumner and Mr. Morrill, and opposed by Mr. McDougall, Mr. Wilson, Mr. Harris, and Mr. Henderson, and rejected.
The bill was then reported to the Senate as amended. The amendment exempting governors and judges was lost — yeas, seventeen; nays, nineteen; and the amendment giving States credit for persons furnished to the navy was non-concurred in — yeas, eleven; nays, twenty-five. I Other amendments made as in Committee of the Whole were concurred in. Mr. Wilkinson moved to exempt members of Congress, governors, and judges of the several States; but the motion was lost — yeas, sixteen; nays, twenty. Mr. Lane, of Kansas, moved to strike out of the classes exempted, the Vice-President, the Judges of the United States, and the heads of the various executive departments — yeas, fourteen; nays, twenty-two; so the amendment was rejected.
Mr. McDougall moved to amend by adding to the first section that all able-bodied male citizens of the United States, and persons of foreign birth, who should have declared on oath their intention to become citizens, under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, except as hereinafter excepted, were hereby declared to constitute the national forces — yeas, twenty-seven; nays, nine; so the amendment was agreed to.
Mr. Wilson said the bill was a good one, and he proposed to put it in operation by adding, as a new section, that the President of the United States was authorized and empowered, during the present rebellion, to call forth the national forces by draft in the manner provided for in this act. The amendment was agreed to without a division. Mr. Cowan moved to strike out in the eleventh section the words, “three years or during the war,” and insert “one year” --yeas, ten; nays, twenty-six. Mr. Harris then moved to strike out the words “three years,” and insert “two years ;” but the amendment was rejected. The bill was then passed without a division.
In the House, on the twenty-third of February, the Speaker stated the business to be the consideration of the Senate bill for enrolling and calling out the national forces. Mr. Olin, of New-York, moved to refer the bill to the Committee on Military Affairs. Mr. Holman, of Indiana, suggested that the bill be read by clauses for amendment, and that the discussion should be confined to amendments. Mr. Vallandigham objected to that mode of proceeding. Mr. Wickliffe, of Kentucky, moved to amend the motion of Mr. Olin to commit the bill to the Military Committee, by instructing the Committee to report it back with a proviso, that it should be the duty of the commander of troops at any post, in any State, on the days of election by the citizens of such State, held for the purpose of electing State officers, or officers of the United States, or Representatives in Congress, or electors for the President or Vice-President, to remove and keep his troops at least one mile from the place of voting during said election. Mr. Cox moved to amend by adding a proviso, that no one should be enrolled under this act except able-bodied white citizens of the United States. Mr. Biddle, of Pennsylvania, did not “know a district in Pennsylvania where the Provost-Marshal, this little military despot, can exercise over free-born citizens the sway that is claimed for him.” Mr. Campbell, of Pennsylvania, declared his readiness “to vote the last man and the last dollar for the accomplishment of the great object before us. I am ready to fight it out ”
