I discuss the issue of slaves drafted into the Union army later in the same chapter cited by Prof. Kupfer The evidence I present extends over two or three pages and is fully sourced, beginning in note 60.
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This legislative language looks like the Enrollment Act of March, 1863. This addressed federal conscription and was passed after the problems of the Militia Act of 1862, which passed around June or so. This earlier act specified a state operated draft for militia units to meet any call-ups by the President. In August, 1862, Lincoln called up 300,000 nine month state militia. Partly this call up was to goad more men to volunteer for the previous call for 300,000 3-year service men for the volunteer regiments.
I did a close study of an area in western Kentucky on the Ohio River and the slave population there was not entered into the Union draft until early 1864. I suspect that was the same scenario for the rest of the Bluegrass State. Local whites were irate that their names were literally mixed in the same box with their slave's names.
Mike Crane, UAFS
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Were African Americans drafted into the Union Army under the procedures detailed in the Militia Act of 1863? (I don't consider substitutes to be draftees.) That is, were they included in the enrollment of able-bodied male citizens declared eligible for conscription?