— Ch. 1 · Fort Sumter And The Call To Arms —
Proclamation 80.
~3 min read · Ch. 1 of 5
On the 15th of April 1861, Abraham Lincoln signed a document that would reshape the nation. This proclamation demanded 75,000 militiamen to end the rebellion forming in the southern states. Confederate forces had attacked Fort Sumter just days before, plunging the country into civil war. The attack on South Carolina troops forced Lincoln to move quickly against the insurrection. He called up the militia and suspended the writ of habeas corpus immediately after the assault. That legal order enabled an individual to seek release from unlawful detention. In suspending that privilege, he exercised authority Chief Justice Roger Taney later found constitutionally reserved for Congress. Lincoln then called the entire Congress into extraordinary session to seek approval.
Militia Act Of One Thousand Seven Hundred Ninety Five
The law governing the use of the militia for federal purposes was the Militia Act of 1795. Until the early 20th century, the United States relied on calling out militia and volunteers rather than expanding the regular army. Section 4 of this act stated state governors held more authority than the President to extend service terms. On the 2nd of March 1799, the number of militia members able to be called by the president for a provisional army was limited to 75,000 men. Prior to the Civil War, this limit had never been adjusted to reflect population growth. The nation grew from approximately 5.3 million in 1800 to more than 31 million in 1860. There had not been a domestic insurrection even on the scale of the Whiskey Rebellion during that time. Therefore little impetus existed for Congress to reconsider numerical limits codified in the late eighteenth century.