Saturday, February 24, 2018

Dr. James Ware

James Ware, M. D., of Lake Charles, was born in Ohio, September 23, 1826, of parents who were natives of Goochland county, Va. He was reared and educated at Columbus, Ohio, and graduated in medicine at Sterling medical college, after which he began the practice at Evergreen, La. In February, 1862, he enlisted as a private in the Sixteenth Louisiana infantry, and in July, 1862, was promoted to surgeon. In this capacity he served with the regiment to the close of the war. Since then he has been in the practice of medicine successively at Evergreen, Marksville and Lake Charles.

SOURCE: Clement Anselm Evans, Editor, Confederate Military History, Vol. 10, p. 618

Mrs. Josephine McPherson Ware


Mrs. Josephine Ware, wife of Dr. James Ware, Surgeon of Calcasieu Camp, Lake Charles, La., died on the 27th of February, at the age of seventy-six years. She was born in Maryland and of Scotch-Catholic stock, her parents having emigrated to this country at the time of religious persecution in Scotland. She was married to Dr. Ware in 1865, and had been a resident of Louisiana, and of Lake Charles since 1887.

Mrs. Ware was a woman of remarkable strength of character, and she lived and died an ideal wife, mother, and friend. Her husband was surgeon of the 16th Louisiana Regiment. Gibson's Brigade. As a member of the U. D. C. Chapter of Lake Charles. she was actively interested in its good work, and the pallbearers at her funeral were all Confederate Veterans. Her husband and two sons survive her.

SOURCE: Confederate Veteran, Volume 15, No. 4, April 1907, p. 183

Colonel Rutherford B. Hayes to Lucy Web Hayes, April 15, 1863

Camp White, April 15, Evening.

Dearest: — Your short business letter came this afternoon. I do not yet know about your coming here during the campaigning season. If we fortify, probably all right; if not, I don't know.

Lieutenant Ellen is married. His wife sent me a fine big wedding cake and two cans of fruit. Good wife, I guess, by the proofs sent me.

You speak of Jim Ware. What does he think of the prospects? I understand Jim in a letter to Dr. Joe says Dr. Ware gives it up. Is this so?

I send you more photographs. The major's resignation was not accepted and he is now taking hold of things with energy.

We are having further disasters, I suspect, at Charleston and in North Carolina. But they are not vital. The small results (adverse results, I mean,) likely to follow are further proofs of our growing strength.

What a capital speech Everett has made. He quite redeems himself.

Always say something about the boys — their sayings and doings.

Affectionately ever,
R.
Mrs. Hayes.


SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 405

Diary of 1st Sergeant John L. Ransom: September 28, 1864


Sent word to Battese by a convalescent who is being sent to the large prison, that I am getting well. Would like to see him. Am feeling better. Good many union men in Savannah. Three hundred sick here, with all kinds of diseases — gangrene, dropsy, scurvy, typhoid and other fevers, diarrhea, &c. Good care taken of me. Have medicine often, and gruel. Land does the writing.

SOURCE: John L. Ransom, Andersonville Diary, p. 98

Diary of 1st Sergeant John L. Ransom: September 29, 1864

Yes, I am better, but poor and weak. Feeling hungry more now, and can take nourishment quite often. Mike Hoare calls to see me. He is thinking of escape. Should think a person might escape from here when able. I shall get well now. Sweet potatoes for sale. Like to see such things, but cannot eat them. Rebel officer put his hand on my head a few minutes ago and said something; don't know what. It is said the Yankees can throw shell into Savannah from their gunboats down the river. Sergeant Winn comes to see me and cheers me up. Winn is a sutler as well as nurse, that is, he buys eatables from the guards and other rebels, and sells to our men. Number of marines and sailors in the building adjoining our hospital; also some Yankee officers sick. Winn makes quite a little money. They have soap here to wash with. The encouraging talk of ending the war soon helps me to get well.

SOURCE: John L. Ransom, Andersonville Diary, p. 98

Diary of 1st Sergeant John L. Ransom: September 30, 1864

Am decidedly better and getting quite an appetite but can get nothing but broth, gruel, &c. Mouth very bad. Two or three teeth have come out, and can't eat any hard food any way. They give me quinine, at least I think it is quinine. Good many visitors come here to see the sick, and they look like union people. Savannah is a fine place from all accounts of it, Mike is getting entirely over his troubles and talks continually of getting away, there are a great many Irish about here, and they are principally union men. Mike wishes I was able to go with him. Nurses are mostly marines who have been sick and are convalescent. As a class they are good fellows, but some are rough ones. Are very profane. The cords in my legs loosening up a little. Whiskey and water given me to-day, also weakened vinegar and salt. Am all the time getting better. Later — My faithful friend came to see me to-day. Was awful glad to see him. He is well. A guard came with him. Battese is quite a curiosity among the Savannah rebels Is a very large, broad shouldered Indian, rather ignorant, but full of common sense and very kind hearted. Is allowed many favors.

SOURCE: John L. Ransom, Andersonville Diary, p. 98-9

Captain William Thompson Lusk & Elizabeth Adams Lusk, November 19, 1862

Near Fredericksburg,         
Nov. 19th, 1862.
My dear Mother:

Here we are at last on familiar ground, lying in camp at Falmouth, opposite to Fredericksburg. I have been unable while on the march for the few days past, to write you, but am doing my best with a pencil to-night, as one of our Captains returns home to-morrow, and will take such letters as may be given him. It was my turn to go home this time, but my claim was disregarded. You know Lt.-Col. Morrison has command of the Regiment in Col. Farnsworth's absence, and Morrison never omits any opportunity to subject me to petty annoyances. I am an American in a Scotch Regiment, and in truth not wanted. Yet I cannot resign. The law does not allow that, so I have to bear a great deal of meanness. Stevens in his lifetime knowing how things stood, kept in check the Scotch feeling against interlopers like Elliott and myself. . . . I do not exaggerate these things. I used to feel the same way in old times, but had been so long separated from the regiment as almost to forget them. I have borne them of late without complaint, hoping the efforts of my friends might work my release. In the Regiments of the old Division I think no officer had so many strong friends as I. In my own Regiment I may say that I am friendless. (I except McDonald). In the Division I had a reputation. In my Regiment I have none. After eighteen months of service I am forced to bear the insults of a man who is continually telling of the sacrifices he has made for his country, because he abandoned on leaving for the war, a small shop where he made a living by polishing brasses for andirons.

Forgive me, my dear mother, for complaining. It does me good sometimes, for then after speaking freely, I always determine afresh that if these things must be, I will nevertheless do my duty, and in so doing maintain my self-respect. Love to all, dear mother. Good-bye.

Very affec'y.,
William T. Lusk.

SOURCE: William Chittenden Lusk, Editor, War Letters of William Thompson Lusk, p. 229-30

Friday, February 23, 2018

Diary of John Beauchamp Jones: Friday, August 21, 1863

This is a day appointed by the President for humiliation, fasting, and prayer. Yet the Marylanders in possession of the passport office report the following in the Dispatch of this date:

Passports.—The passport office was besieged yesterday and last night by large crowds of persons soliciting permission to leave the city, in order that some relaxation might be had from its busy scenes. Among those who obtained them were His Excellency Jefferson Davis and his Honor Joseph Mayo, both designing to pay a short visit to the neighboring County of Chesterfield.”

We fast, certainly — and feel greatly humiliated at the loss of New Orleans and Vicksburg — and we pray, daily.

Yesterday Fort Sumter suffered much from the enemy's batteries, and much apprehension is felt for its fate.

Gen. Lee, it is said, is not permitted to follow Meade, who is retrograding, being weakened by detachments. A few weeks hence the fall campaign will open in Virginia, when the very earth may tremble again with the thunders of war, and the rivulets may again spout human blood.

There were no letters to-day, for the reason that last night the clerks in the post-office resigned, their salaries not being sufficient to support them. I hope a force will be detailed, to-morrow, to distribute the letters.

I met Prof. A. T. Bledsoe to-day as he was ambling toward the passport office. He said he was just about to start for London, where he intended publishing his book — on slavery, I believe. He has a free passage on one of the government steamers, to sail from Wilmington. He asked me if I fasted to-day; I answered yes, as usual! He then bid me good-by, and at parting I told him I hoped he would not find us all hanged when he returned. I think it probable he has a mission from the President, as well as his book to publish.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2p. 20-1

Captain Charles Wright Wills: September 26, 1863

Messengers Ferry, Big Black River, Miss.,
September 26, 1863.

When we assembled at regimental headquarters this p. m., the colonel informed us that our corps was ordered to report to Rosecrans, at Chattanooga, and that we should prepare to move at a moment's notice.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 191

Gerrit Smith, August 27, 1859

It is, perhaps, too late to bring slavery to an end by peaceable means, — too late to vote it down. For many years I have feared, and published my fears, that it must go out in blood. These fears have grown into belief. So debanched are the white people by slavery that there is not virtue enough left in them to put it down. If I do not misinterpret the words and looks of the most intelligent and noble of the black men who fall in my way, they have come to despair of the accomplishment of this work by the white people. The feeling among the blacks that they must deliver themselves gains strength with fearful rapidity. No wonder, then, is it that intelligent black men in the States and in Canada should see no hope for their race in the practice and policy of white men. . . . Whoever he may be that foretells the horrible end of American slavery is held both at the North and the South to be a lying prophet, — another Cassandra. The South would not respect her own Jefferson's prediction of servile insurrection; how then can it be hoped that she will respect another's? . . . And is it entirely certain that these insurrections will be put down promptly, and before they can have spread far? Will telegraphs and railroads be too swift for even the swiftest insurrections? Remember that telegraphs and railroads can be rendered useless in an hour. Remember too that many who would be glad to face the insurgents would be busy in transporting their wives and daughters to places where they would be safe from that worst fate which husbands and fathers can imagine for their wives and daughters. I admit that but for this embarrassment Southern men would laugh at the idea of an insurrection, and would quickly dispose of one. But trembling as they would for beloved ones, I know of no part of the world where, so much as in the South, men would be like, in a formidable insurrection, to lose the most important time, and be distracted and panic-stricken.

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 544

Diary of 2nd Lieutenant Luman Harris Tenney: January 26, 1864

Found Extell under seats dead, poor boy. Has suffered much, not been alive for months. Procured coffin. Started from Bowling Green before noon. Slow work. At Louisville at 10:30 P. M. Went to Barracks in city, coffee and bread, poor and nasty barracks.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 106

Diary of 2nd Lieutenant Luman Harris Tenney: January 27, 1864

Concluded to bury Extell's remains in city. Went to Gait House for breakfast. Bought a pair of boots. Evening saw Corsican Brothers, went with company.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 106

Diary of 2nd Lieutenant Luman Harris Tenney: January 28, 1864

Took Burs, Thomas, Wood and Bosworth to Gait House for breakfast. Wrote a line to John's parents. Crossed the river at 2:30 P. M. Charge of I Co. too, stopped at Seymour till 9 P. M. Changed cars. Rode in passenger car during night. Some sleep.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 106

Diary of 2nd Lieutenant Luman Harris Tenney: January 29, 1864

Passed through Cincinnati before daylight. Left for Columbus at 7:30. Stopped opposite Camp Chase and walked over. Got supper at boarding house. Boys poor accommodations.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 106

Diary of 2nd Lieutenant Luman Harris Tenney: January 30, 1864

Barracks fitted up as comfortable as possible. “I” and “C” officers together. Wrote a line home and to Fannie. Paroled. Moved.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 106

Diary of 2nd Lieutenant Luman Harris Tenney: January 31, 1864

The day in camp. Read in Atlantic and wrote a letter home. Mr. Brown and a friend made a formal Sunday call. Disgusting — his preaching and practice.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 106

Thursday, February 22, 2018

Captain Charles Wright Wills: September 26, 1863

Messengers Ferry, Big Black River, Miss.,
September 26, 1863.

Pass in your congratulations. We are under marching orders for Chattanooga. Our whole corps is going. We steam o'er sand-bars to Memphis, and then will probably “foot it,” though may go by cars as far as Corinth. From Memphis the march will be some 450 miles. We will pass through my favorite portion of Dixie, the Tennessee valley in North Alabama. We are all much rejoiced at the idea of leaving a country where there is no enemy save mosquitoes and chiggers and ague. We keep up the form of picketing; but I find it decidedly uninteresting to do such duty, knowing that coons and owls will cause all our alarms. Aside from knowing there is no enemy near, the picket duty is delightful here. I have seldom passed a more pleasant night than the one before last. The moon is about full, and our picket line (the post under my charge), about one and a half miles long, runs along the river bank through most beautiful little magnolia and beech groves and open grass plots. But a knowledge that there are guerrillas in the country is necessary to a thorough appreciation of picket duty. We are camped on the Messenger plantation. The owner thereof was very wealthy. Worth $1,000,000.00. Had some 500 negroes, etc. He armed and uniformed a secesh regiment at his own expense, and was, and is yet probably, a Rebel to the core. He fled at the approach of our troops, leaving his wife to manage for him. General Osterhaus called on her and asked her if she desired Federal protection. She said she didn't ask anything of him or any of his crew. The general told her she had just an hour to select and load two wagons with kitchen furniture and start across the river. She moved, was gone about a month, begged permission to return and is now eating government rations, which she is too poor to pay for.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 190

Wednesday, February 21, 2018

Diary of John Beauchamp Jones: August 20, 1863

A few weeks ago Gen. Cooper wrote to Bragg, suggesting that he advance into Middle Tennessee, reinforced by Gen. Johnston, and attack Rosecrans; Gen. Bragg replied (8th inst.) that with all the reinforcements he could get from Johnston, he would not have more than 40,000 effective men, while Rosecrans has 60,000, and will be reinforced by Burnside with 30,000 more — making 90,000 against 40,000 — and as a true patriot he was opposed to throwing away our armies in enterprises sure to terminate disastrously. He said, moreover, that the enemy could starve him out, if he were to advance to the place designated, and thus destroy his army without a battle. Gen. Cooper sent this response to the President, asking if Bragg should not be ordered to fight under such circumstances. But the President paused, in following the guidance of this Northern man at the head of all our Southern generals — and to-day sent back the paper indorsed that “only a suggestion could be given to a commanding general to fight a battle; but to order him to fight when he predicted a failure in advance, would be unwise.”

A paper from Beauregard intimates that even if batteries Wagner and Gregg should be taken by the enemy, he has constructed another which will render that part of Morris Island untenable. But he relied upon holding Sumter; and there is a vague rumor to-day that Sumter must surrender—if indeed it has not already been reduced.

Hon Wm. Porcher Miles writes another most urgent letter, demanding reinforcements of seasoned troops. He says Charleston was stripped of troops against the remonstrances of Beauregard to send to Mississippi — to no avail — which invited this attack; and now he asks that Jenkins's brigade of South Carolinians be sent to the defense; that South Carolinians are fighting in Virginia, but are not permitted to defend their native soil in the hour of extremity; and that if the enemy, with overwhelming numbers, should take James's Island, they would, from thence, be able to destroy the city. We are looking with anxiety for further news from Charleston.

Gen. Maury writes from Mobile that he has seized, in the hands of Steever (who is he ?), receipts for 4000 bales of cotton — orders for 150 bonds, each £225 sterling, and two bags of coin, $10,000. The President indorses on the paper that the money had better be turned over to the Secretary of the Treasury. What is all this?

The Secretary sent a paper to the President relating to some novel action performed or proposed, asking his “instructions.” The President returned it to-day indorsed, “The Secretary's advice invited.” How in the mischief can such non-committalists ever arrive at a conclusion?

Hon. E. S. Dargan writes that if Pemberton be restored to command (as he understands this to be the government's purpose), our cause is ruined beyond redemption. I say so too. When he made up his mind to surrender, it is unpardonable that he did not destroy the 50,000 stand of arms before he made any overture. I shall never forgive him!

The signal officers report that three large ocean steamers passed down the Potomac day before yesterday, having on board 1000 men each; and that many large steamers are constantly going up —perhaps for more.

Brig.-Gen. Roger A. Pryor, after dancing attendance in the ante-rooms for six months, waiting assignment to a command, has resigned, and his resignation has been accepted. He says he can at least serve in the ranks as a private. The government don't like aspiring political generals. Yet Pryor was first a colonel, and member of Congress — resigned his seat — resigned his brigadier-generalship, and is now a private.

Our cause is dim in Europe, if it be true, as the Northern papers report, that the Confederate loan has sunken from par to 35 per cent, discount since the fall of Vicksburg.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2p. 19-20

Elizabeth Adams Lusk to Captain William Thompson Lusk, November 17, 1862

Norwich, Conn.
November 17th, 1862.
My own dear Son:

I think I will commence the week by writing a letter to you who in these times of trouble occupy so large a share of my thoughts. Sam Elliott was here on Saturday, dined with us and stayed some hours. His sad condition makes me feel very melancholy. Poor fellow! How he has suffered. I sometimes wish you were all withdrawn from the Army. Oh! my poor, poor country! It is so grievous to see our sons and friends maimed, sick, or to know that they are dead. He (Elliott) tells me you are well, and seem strong. God has indeed been merciful to spare your life and strength amid such great dangers as you have passed through during the last eighteen months. Elliott talks of returning to his duties this week. He certainly ought not, for he is weak, sick, and unfit for exertion; besides that, he requires the most nourishing diet. He told me that he found you at breakfast on mouldy bread and sloppy coffee, while we who are at home doing nothing, are fattening on luxuries.

Oh! my dear, dear son, I feel so anxious about the effect of this coming cold winter, and I cannot help a feeling of bitterness that you are not provided with proper food. If you should have an attack of rheumatism, do get permission to return to be taken care of properly. I hear nothing more of your prospects in New-York, but am sure your friends will not relax their exertions. We are all well here, and the Grands are doing finely, especially the last. A week from Thursday is our Thanksgiving Day in Conn., so we are expecting Thomas and Lillie to pass the day, after which I shall return with them to New-York for the winter. Elliott told me when he reached New-York, being cold, he wrapped around him the blanket Hunt gave him, and as he staggered from weakness, a police officer arrested him for drunkenness, but released him immediately on discovering that he was ill. What is the general feeling in the Army regarding the removal of McClellan, as far as you can judge? Uncle John is violently opposed to him, and Hunt, I think, partakes of his feelings. Whether justly, or unjustly, there is certainly a strong party against him. The Post and Tribune oppose him, the World and Express uphold him, while the Herald humbly submits its judgment to the will of the President.

Mary Wells and her husband have returned from Europe, and are expected here this week. Hannah has nearly, or quite recovered her strength. I have not much news to tell you. The Twenty-sixth Regt. left last Thursday, to the relief of some of our citizens. They were in town at all hours, and a hundred or more at once would run past the guard and rush to their tents when they pleased. The Lt.-Col. when issuing his orders, would address them thus: “Gentlemen, please to stand back,” or, “Gentlemen, please to stop,” when he wished them to halt. This is the gossip. Very few of them were known in town, and consequently less interest was felt for them than for the Eighteenth and Twenty-First. Edward Ells, and young Meech who married Louisa Bond went with them. Gen. Tyler and Ned, Dr. Osgood saw last week in Chicago. He reports that they are having a rather forlorn time. It is some time since their paroled prisoners have seen the paymaster. I hear you have been inconvenienced by the same cause. The papers state that all are now being paid, so I hope you too will receive your own. Uncle Thomas heard somewhere, that the “De Soto” was off New Orleans on her way home for repairs. If this is true, Charles may soon be home.

Good-bye, my own dear son, may the Almighty God be ever your defence and shield.

Always very lovingly,
Mother.

Elliott said, if the Medical Examiner forbids his return this week, he should come and see me again. His brother William is in Washington. His arm is still useless.

SOURCE: William Chittenden Lusk, Editor, War Letters of William Thompson Lusk, p. 226-8

Tuesday, February 20, 2018

Diary of 1st Sergeant John L. Ransom: September 25, 1864

Can eat better — or drink rather; Some rebel general dead and buried with honors outside. Had another wash and general clean up; ocean breezes severe for invalids. Am visited twice a day by the rebel surgeon who instructs nurses about treatment. Food principally arrow root; have a little whisky. Sleep great deal of the time. Land, my acquaintance and mess-mate, is lame from scurvy, but is not weak and sick as I am. When I think of anything, say: “Land, put her down,” and he writes what I tell him. Everything clean here, but then any place is clean after summering in Andersonville. Don't improve much and sometimes not at all; get blue sometimes; nature of the beast suppose; other sick in the tent worry and make me nervous.

SOURCE: John L. Ransom, Andersonville Diary, p. 97

Diary of 1st Sergeant John L. Ransom: September 26, 1864

Am really getting better and hopeful. Battese has the two first books of my diary; would like to see him. Was mistaken about Rowe being in the hospital; he is not, but I hear is in the big stockade with bulk of prisoners. Say we were removed from Andersonville for the reason that our troops were moving that way. Well, thank heaven they moved that way. Mike Hoare, the irrepressible Irishman, is hobbling around and in our tent about half the time; is also getting well. Quite a number die here not having the constitution to rally. This is the first hospital I was ever in. My old coverlid was washed and fumigated the first day in hospital. Am given very little to eat five or six times a day; washed with real soap, an improvement on sand. Half a dozen rebel doctors prowling around, occasionally one that needs dressing down, but as a general thing are very kind. Can see from my bunk a large live oak tree which is a curiosity to me. Although it is hot weather the evenings are cool, in fact cold; ocean breezes. A discussion on the subject has set me down as weighing about ninety-five; I think about one hundred and five or ten pounds; weighed when captured one hundred and seventy-eight; boarding with the confederacy does not agree with me. The swelling about my body has all left me. Sergt. Winn belongs to the 100th Ohio; he has charge of a ward in this hospital.

SOURCE: John L. Ransom, Andersonville Diary, p. 97-8

Diary of 1st Sergeant John L. Ransom: September 27, 1864

Getting so I can eat a little and like the gruel Have prided myself all during the imprisonment on keeping a stiff upper lip while I saw big strong men crying like children; cruelty and privations would never make me cry — always so mad, but now it is different and weaken a little sometimes all to myself. Land, my sick comrade, writes at my dictation.

SOURCE: John L. Ransom, Andersonville Diary, p. 98

Sunday, February 18, 2018

An Act to Amend an Act Entitled “An Act for Enrolling and Calling Out the National Forces, and for Other Purposes,” Approved March Third, Eighteen Hundred and Sixty-three, February 24, 1864

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall be authorized, whenever he shall deem it necessary, during the present war, to call for such number of men for the military service of the United States as the public exigencies may require.

SEC. 2. And be it further enacted, That the quota of each ward of a city, town, township, precinct, or election district, or of a county, where the county is not divided into wards, towns, townships, precincts, or election districts, shall be, as nearly as possible, in proportion to the number of men resident therein liable to render military service, taking into account, as far as practicable, the number which has been previously furnished therefrom: and in ascertaining and filling said quota there shall be taken into account the number of men who have heretofore entered the naval service of the United States, and whose names are borne upon the enrolment lists as already returned to the office of the provost-marshal-general of the United States.

SEC. 3. And be it further enacted, That if the quotas shall not be filled within the time designated by the President, the provost-marshal of the district within which any ward of a city, town, township, precinct, or election district, or county, where the same is not divided into wards, towns, townships, precincts, or election districts, which is deficient in its quota, is situated, shall, under the direction of the provost marshal-general, make a draft for the number deficient therefrom; but all volunteers who may enlist after the draft shall have been ordered, and before it shall be actually made, shall be deducted from the number ordered to be drafted in such ward, town, township, precinct, or election district, or county. And if the quota of any district shall not be filled by the draft made in accordance with the provisions of this act, and the act to which it is an amendment, further drafts shall be made, and like proceedings had, until the quota of such district shall be filled.

SEC. 4. And be it further enacted, That any person enrolled under the provisions of the act for enrolling and calling out the national forces, and for other purposes, approved March third, eighteen hundred and sixty-three, or who may he hereafter so enrolled, may furnish, at any time previous to the draft, an acceptable substitute, who is not liable to draft, nor at the time in the military or naval service of the United States, and such person so furnishing a substitute shall be exempt from draft during the time for which [such] substitute shall not be liable to draft, not exceeding the time for which such substitute shall have been accepted.

SEC. 5. And be it further enacted. That any person drafted into the military service of the United States may, before the time fixed for his appearance for duty at the draft rendezvous, furnish an acceptable substitute, subject to such rules and regulations as may be prescribed by the Secretary of War. That if such substitute is not liable to draft, the person furnishing him shall be exempt from draft during the time for which such substitute is not liable to draft, not exceeding the term for which he was drafted; and, if such substitute is liable to draft, the name of the person furnishing him shall again be placed on the roll, and shall be liable to draft on future calls, but not until the present enrolmont shall be exhausted; and this exemption shall not exceed the term for which such person shall have been drafted. And any person now in the military or naval service of the United States, not physically disqualified, who has so served more than one year, and whose term of unexpired service shall not at the time of substitution exceed six months, may be employed as a substitute to serve in the troops of the State in which he enlisted; and if any drafted person shall hereafter pay money for the procuration of a substitute, under the provisions of the act to which this is an amendment, such payment of money shall operate only to relieve such person from draft in filling that quota; and his name shall be retained on the roll in filling future quotas; but in no instance shall the exemption of any person on account of his payment of commutation money for the procuration of a substitute, extend beyond one year; but at the end of one year, in every such case, the name of any person so exempted shall be enrolled again, if not before returned to the enrolment list under the provisions of this section.

SEC. 6. And be it further enacted, That boards of enrolment shall enroll all persons liable to draft under the provisions of this act, and the act to which this is an amendment, whoso names may have been omitted-by the proper enrolling officers; all persons who shall arrive at the age of twenty years before the draft; all aliens who shall declare their intentions to become citizens; all persons discharged from the military or naval service of the United States who have not been in such service two years during the present war; and all persons who have been exempted under the provisions of the second section of the act to which this is an amendment, but who are not exempted by the provisions of this act; and said boards of enrolment shall release and discharge from draft all persons who, between the time of the enrolment and the draft, shall have arrived at the age of forty-five years, and shall strike the names of such persons from the enrolment.

SEC. 7. And be it further enacted, That any mariner or able or ordinary seaman who shall be drafted under this act, or the act to which this is an amendment, shall have the right, within eight days after the notification of such draft, to enlist in the naval service as a seaman, and a certificate that he has so enlisted being made out, in conformity with regulations which may be prescribed by the Secretary of the Navy, and duly presented to the provost-marshal of the district in which such mariner or able or ordinary seaman shall have been drafted, shall exempt him from such draft: Provided, That the period for which he shall have enlisted into the naval service shall not be less than the period for which he shall have been drafted into the military service: And provided further, That the said certificate shall declare that satisfactory proof has been made before the naval officer issuing the same that the said person so enlisting in the Navy is a mariner by vocation, or an able or ordinary seaman. And any person now in the military service of the United States, who shall furnish satisfactory proof that he is a mariner by vocation or an able or ordinary seaman, may enlist into the Navy under such rules and regulations as may be prescribed by the President of the United States: Provided, That such enlistment shall not be for less than the unexpired term of his military service, nor for less than one year. And the bounty-money which any mariner or seaman enlisting from the Army into the. Navy may have received from the United States, or from the State in which he enlisted in the Army, shall be deducted from the prize-money to which he may become entitled during the time required to complete his military service: And provided further, That the whole number of such transfer enlistments shall not exceed ten thousand.

SEC. 8. And be it further enacted, That whenever any such mariner or able or ordinary seaman shall have been exempted from such draft in the military service by such enlistment into the naval service, under such due certificate thereof, then the ward, town, township, precinct, or election district, or county, when the same is not divided into wards, towns, townships, precincts, or election districts, from which such person has been drafted, shall be credited with his services to all intents and purposes as if he had been duly mustered into the military service under such draft.

SEC. 9. And be it further enacted, That all enlistments into the naval service of the United States, or into the Marine Corps of the United States, that may hereafter be made of persons liable to service under the act of Congress entitled “An act for enrolling and calling out the national forces, and for other purposes,” approved March third, eighteen hundred and sixty-three, shall be credited to the ward, town, township, precinct, or election district, or county, when the same is not divided into wards, towns, townships, precincts, or election districts, in which such enlisted men were or may be enrolled and liable to duty under the act aforesaid, under such regulations as the provost-marshal-general of the United States may prescribe.

SEC. 10. And be it further enacted, That the following persons be and they are hereby exempted from enrolment and draft under the provisions of this act and of the act to which this is an amendment, to wit: Such as are rejected as physically or mentally unfit for the service, all persons actually in the military or naval service of the United States at the time of the draft, and all persons who have served in the military or naval service two years during the present war and been honorably discharged therefrom; and no persons but such as arc herein exempted shall be exempt.

SEC. 11. And be it further enacted. That section third of the “Act for enrolling and calling out the national forces, and for other purposes,” approved March third, eighteen hundred and sixty-three, and so much of section ten of said act as provides for the separate enrolment of each class, be, and the same are hereby, repealed; and it shall be the duty of the board of enrolment of each district to consolidate the two classes mentioned in the third section of said act.

SEC. 12. And be it further enacted, That any person who shall forcibly resist or oppose any enrolment, or who shall incite, counsel, encourage, or who shall conspire or confederate with any other person or persons forcibly to resist or oppose any such enrolment, or who shall aid or assist, or take any part in any forcible resistance or opposition thereto, or who shall assault, obstruct, hinder, impede, or threaten any officer or other person employed in making or in aiding to make such enrolment, or employed in the performance, or in aiding in the performance of any service in anyway relating thereto, or in arresting or aiding to arrest any spy or deserter from the military service of the United States, shall, upon conviction thereof in any court competent to try the offence, be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding five years, or by both of said punishments in the discretion of the court. And in cases where such assaulting, obstructing, hindering, or impeding shall produce the death of such officer or other person, the offender shall be deemed guilty of murder, and, upon conviction thereof upon indictment in the circuit court of the United States for the district within which the offence was committed, shall be punished with death. And nothing in this section contained shall be construed to relieve the party offending from liability, under proper indictment or process, for any crime against the laws of a State, committed by him while violating the provisions of this section.

SEC. 13. And be it further enacted, That the Secretary of War shall be authorized to detail or appoint such number of additional surgeons for temporary duty in the examination of persons drafted into the military service, in any district, as may be necessary to secure the prompt examination of all such persons, and to fix the compensation to be paid surgeons so appointed while actually employed. And such surgeons so detailed or appointed shall perform the same duties as the surgeon of the board of enrolment, except that they shall not be permitted to vote or sit with the board of enrolment.

SEC. 14. And be it further enacted, That the Secretary of War is authorized, whenever in his judgment the public interest will be subserved thereby, to permit or require boards of examination of enrolled or drafted men to hold their examinations at different points within their respective enrolment districts, to be determined by him: Provided, That in all districts over one hundred miles in extent, and in such as are composed of over ten counties, the board shall hold their sessions in at least two places in such district, and at such points as are best calculated to accommodate the people thereof.

SEC. 15. And be it further enacted, That provost-marshals, boards of enrolment, or any member thereof, acting by authority of the board, shall have power to summon witnesses in behalf of the Government, and enforce their attendance by attachment without previous payment of fees, in any case pending before them, or either of them; and the fees allowed for witnesses attending under summons shall be six cents per mile for mileage, counting one way; and no other fees or costs shall be allowed under the provisions of this section; and they shall have power to administer oaths and affirmations. And any person who shall wilfully and corruptly swear or affirm falsely before any provost marshal, or board of enrolment, or member thereof, acting by authority of the board, or who shall, before any civil magistrate, wilfully and corruptly swear or a affirm falsely to any affidavit to be used in any case pending before any provost-marshal or board of enrolment, shall, on conviction, be fined not exceeding five hundred dollars, and imprisoned not less than six months nor more than twelve mouths. The drafted men shall have process to bring in witnesses, but without mileage.

SEC. 16. And be it further enacted, That copies of any record of a provost-marshal or board of enrolment, or of any part thereof, certified by the provost-marshal, or a majority of said board of enrolment, shall be deemed and taken as evidence in any civil or military court in like manner as the original record: Provided, That if any person shall knowingly certify any false copy or copies of such record, to be used in any civil or military court, he shall be subject to the pains and penalties of perjury.

SEC. 17. And be it further enacted, That members of religious denominations, who shall by oath or affirmation declare that they are conscientiously opposed to the bearing of arms, and who are prohibited from doing so by the rules and articles of faith and practice of said religious denominations, shall, when drafted into the military service, be considered noncombatants, and shall be assigned by the Secretary of War to duty in the hospitals, or to the care of freedmen, or shall pay the sum of three hundred dollars to such person as the Secretary of War shall designate to receive it, to be applied to the benefit of the sick and wounded soldiers: Provided, That no person shall be entitled to the benefit of the provisions of this section unless his declaration of conscientious scruples against bearing arms shall be supported by satisfactory evidence that his deportment has been uniformly consistent with such declaration.

SEC. 18. And be it further enacted, That no person of foreign birth shall, on account of alienage, be exempted from enrolment or draft under the provisions of this act, or the act to which it is an amendment, who has at any time assumed the rights of a citizen by voting at any election held under authority of the laws of any State or Territory, or of the United States, or who has held any office under such laws or any of them; but the fact that any such person of foreign birth has voted or held, or shall vote or hold, office as aforesaid, shall be taken as conclusive evidence that he is not entitled to exemption from military service on account of alienage.

SEC. 19. And he it further enacted, That all claims to exemption shall be verified by the oath or affirmation of the party claiming exemption to the truth of the facts stated, unless it shall satisfactorily appear to the board of enrolment that such party is for some good and sufficient reason unable to make such oath or affirmation; and the testimony of any other party filed in support, of a claim to exemption shall also be made upon oath or affirmation.

SEC. 20. And be it further enacted, That if any person drafted and liable to render military service shall procure a decision of the board of enrolment in his favor upon a claim to exemption by any fraud or false representation practiced by himself or by his procurement, such decision or exemption shall be of no effect, and the person exempted, or in whose favor the decision may be made, shall be deemed a deserter, and may be arrested, tried by court-martial, and punished as such, and shall be held to service for the full term for which he was drafted, reckoning from the t hue of his arrest: Provided, That the Secretary of War may order the discharge of all persons in the military service who are under the age of eighteen years at the time of the application for their discharge, when it shall appear upon due proof that such persons are in the service without the consent, either expressed or implied, of their parents or guardians. And provided further, That such persons, their parents or guardians, shall first repay to the Government and to the State and local authorities all bounties and advance pay which may have been paid to them, anything in the act to which this is an amendment to the contrary notwithstanding.

SEC. 21. And be it further enacted, That any person who shall procure, or attempt to procure, a false report from the surgeon of the board of enrolment concerning the physical condition of any drafted person, or a decision in favor of such person by the board of enrolment upon a claim to exemption, knowing the same to be false, shall, upon conviction in any district or circuit court of the United States, be punished by imprisonment for the period for which the party was drafted.

SEC. 22. And be it further enacted, That the fees of agents and attorneys for making out and causing to be executed any papers in support of a claim for exemption from draft, or for any services that may be rendered to the claimant, shall not, in any case, exceed five dollars; and physicians or surgeons furnishing certificates of disability to any claimant for exemption from draft shall not be entitled to any fees or compensation therefor. And any agent or attorney who shall, directly or indirectly, demand or receive any greater compensation for his services under this act, and any physician or surgeon who shall, directly or indirectly, demand or receive any compensation for furnishing said certificates of disability, and any officer, clerk, or deputy connected with the board of enrolment who shall receive compensation from any drafted man for any services, or obtaining the performance of such service required from any member of said board by the provisions of this act, shall be deemed guilty of a high misdemeanor, and, upon conviction, shall, for every such offence, be fined not exceeding five hundred dollars, to be recovered upon information or indictment before any court of competent jurisdiction, one-half for the use of any informer who may prosecute for the same in the name of the United States, and the other half for the use of the United States, and shall also be subject to imprisonment for a term not exceeding one year, at the discretion of the court.

SEC. 23. And be it further enacted. That no member of the board of enrolment, and no surgeon detailed or employed to assist the board of enrolment, and no clerk, assistant, or employee of any provost-marshal or board of enrolment, shall, directly or indirectly, be engaged in procuring or attempting to procure substitutes for persons drafted, or liable to be drafted, into the military service of the United States. And if any member of a board of enrolment, or any such surgeon, clerk, assistant, or employee, shall procure, or attempt to procure, a substitute for any person drafted, or liable to be drafted, as aforesaid, he shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by imprisonment not less than thirty days, nor more than six months, and pay a fine not less than one hundred, nor more than one thousand dollars, by any court competent to try the offence.

SEC. 24. And be it further enacted. That all able-bodied male colored persons, between the ages of twenty and forty-five years, resident in the United States, shall be enrolled according to the provisions of this act, and of the act to which, this is an amendment, and form part of the national forces; and when a slave of a loyal master shall be drafted and mustered into the service of the United States, his master shall have a certificate thereof, and thereupon such slave shall be free; and the bounty of one hundred dollars, now payable by law for each drafted man, shall be paid to the person to whom such drafted person was owing service or labor at the time of his muster into the service of the United States. The Secretary of War shall appoint a commission in each of the slave States represented in Congress, charged to award to each loyal person to whom a colored volunteer may owe service a just compensation, not exceeding three hundred dollars, for each such colored volunteer, payable out of the fund derived from commutations, and every such colored volunteer on being mustered into the service shall be free. And in all cases where men of color have been heretofore enlisted or have volunteered in the military service of the United States, all the provisions of this act, so far as the payment of bounty and compensation are provided, shall be equally applicable as to those who may be hereafter recruited. But men of color, drafted or enlisted, or who may volunteer into the military service, while they shall be credited on the quotas of the several States, or subdivisions of States, wherein they are respectively drafted, enlisted, or shall volunteer, shall not be assigned as State troops, but shall be mustered into regiments or companies as United States colored troops.

SEC. 25. And be it further enacted, That the fifteenth section of the act to which this is amendatory be so amended that it will read as follows: That any surgeon charged with the duty of such inspection, who shall receive from any person whomsoever any money or other valuable thing, or agree, directly or indirectly, to receive the same to his own or another's use, for making an imperfect inspection, or a false or incorrect report, or who shall wilfully neglect to make a faithful inspection and true report, and each member of the board of enrolment who shall wilfully agree to the discharge from service of any drafted person who is not legally and properly entitled to such discharge, shall be tried by a court-martial, and, on conviction thereof, be punished by a fine not less than three hundred dollars and not more than ten thousand dollars, shall be imprisoned at the discretion of the court, and be cashiered and dismissed the service.

SEC. 26. And be it further enacted. That the words “precinct” and “election district,” as used in this act, shall not be construed to require any subdivision for purposes of enrolment and draft less than the wards into which any city or village maybe divided, or than the towns or townships into which any county may be divided.

SEC. 27. And be it further enacted, That so much of the act entitled “An act for enrolling and calling out the national forces, and for other purposes,” approved March third, eighteen hundred and sixty-three, as may be inconsistent with the provisions of this act, is hereby repealed.

Approved, February 24, 1864.

SOURCE: The Reports of Committees of House of Representatives for the Third Session of the Fifty-third Congress, 1894-95, In Two Volumes, Report No. 1820, p. 6-11

An Act to authorize the Employment of Volunteers to aid in enforcing the Laws and protecting Public Property, July 22, 1861.

Whereas, certain of the forts, arsenals, custom-houses, navy yards, and other property of the United States have been seized, and other violations of law have been committed and are threatened by organized bodies of men in several of the States, and a conspiracy has been entered into to overthrow the Government of the United States: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to accept the services of volunteers, either as cavalry, infantry, or artillery, in such numbers, not exceeding five hundred thousand, as he may deem necessary, for the purpose of repelling invasion, suppressing insurrection, enforcing the laws, and preserving and protecting the public property: Provided, That the services of the volunteers shall be for such time as the President may direct, not exceeding three years nor less than six months, and they shall be disbanded at the end of the war. And all provisions of law applicable to three years' volunteers shall apply to two years' volunteers, and to all volunteers who have been, or may be, accepted into the service of the United States, for a period not less than six months, in the same manner as if such volunteers were specially named. Before receiving into service any number of volunteers exceeding those now called for and accepted, the President shall, from time to time, issue his proclamation, stating the number desired, either as cavalry, infantry, or artillery, and the States from which they are to be furnished, having reference, in any such requisition, to the number then in service from the several States, and to the exigencies of the service at the time, and equalizing, as far as practicable, the number furnished by the several States, according to Federal population.

SEC. 2. And be it further enacted, That the said volunteers shall be subject to the rules and regulations governing the army of the United States, and that they shall be formed, by the President, into regiments of infantry, with the exception of such numbers for cavalry and artillery, as he may direct, not to exceed the proportion of one company of each of those arms to every regiment of infantry, and to be organized as in the regular service. Each regiment of infantry shall have one colonel, one lieutenant-colonel, one major, one adjutant, (a lieutenant,) one quarter-master, (a lieutenant,) one surgeon and one assistant surgeon, one sergeant-major, one regimental quartermaster-sergeant, one regimental commissary-sergeant, one hospital steward, two principal musicians, and twenty-four musicians for a band, and shall be composed of ten companies, each company to consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, four sergeants, eight corporals, two musicians, one wagoner, and from sixty-four to eighty-two privates.

SEC. 3. And be it further enacted, That these forces, when accepted as herein authorized, shall be organized into divisions of three or more brigades each; and each division shall have a major-general, three aides-de-camp, and one assistant adjutant-general with the rank of major. Each brigade shall be composed of four or more regiments and shall have one brigadier-general, two aides-de-camp, one assistant adjutant-general with the rank of captain, one surgeon, one assistant quartermaster, and one commissary of subsistence.

SEC. 4. And be it further enacted, That the President shall be authorized to appoint, by and with the advice and consent of the Senate, for of the command of the forces provided for in this act, a number of major-generals, not exceeding six, and a number of brigadier-generals, not exceeding eighteen, and the other division and brigade officers required for the organization of these forces, except the aides-de-camp, who shall be selected by their respective generals from the officers of the army or volunteer corps: Provided, That the President may select the major-generals and brigadier-generals provided for in this act, from the line or staff of the regular army, and the officers so selected shall be permitted to retain their rank therein. The governors of the States furnishing volunteers under this act, shall commission the field, staff, and company officers Field, staff and requisite for the said volunteers; but, in cases where the State authorities refuse or omit to furnish volunteers at the call or on the proclamation of the President, and volunteers from such States offer their services under such call or proclamation, the President shall have power to accept such services, and to commission the proper field, staff, and company officers.

SEC. 5. And be it further enacted, That the officers, non-commissioned officers, and privates, organized as above set forth, shall, in all respects, be placed on the footing, as to pay and allowances, of similar corps of the regular army: Provided, That the allowances of non-commissioned officers and privates for clothing, when not furnished in kind, shall be three dollars and fifty cents per month, and that each company officer, non-commissioned officer, private, musician, and artificer of cavalry shall furnish his own horse and horse equipments, and shall receive forty cents per day for their use and risk, except that in case the horse shall become disabled, or shall die, the allowance shall cease until the disability be removed or another horse be supplied. Every volunteer non-commissioned officer, private, musician, and artificer, who enters the service of the United States under this act, shall be paid at the rate of fifty cents in lieu of subsistence, and if a cavalry volunteer, twenty-five cents additional, in lieu of forage, for every twenty miles of travel from his place of enrolment to the place of muster — the distance to be measured by the shortest usually travelled route; and when honorably discharged an allowance at the same rate, from the place of his discharge to his place of enrolment, and, in addition thereto, if he shall have served for a period of two years, or during the war, if sooner ended, the sum of one hundred dollars: Provided, That such of the companies of cavalry herein provided for, as may require it, may be furnished with horses and horse equipments in the same manner as in the United States army.

SEC. 6. And be it further enacted, That any volunteer who may be received into the service of the United States under this act, and who may be wounded or otherwise disabled in the service, shall be entitled to the benefits which have been or may be conferred on persons disabled in the regular service, and the widow, if there be one, and if not, the legal heirs of such as die, or may be killed in service, in addition to all arrears of pay and allowances, shall receive the sum of one hundred dollars.

SEC. 7. And be it further enacted, That the bands of the regiments of infantry and of the regiments of cavalry shall be paid as follows: one-fourth of each shall receive the pay and allowances of sergeants of engineer soldiers; one-fourth those of corporals of engineer soldiers; and the remaining half those of privates of engineer soldiers of the first class; and the leaders of the band shall receive the same pay and emoluments as second lieutenants of infantry.

SEC. 8. And be it further enacted, That the wagoners and saddlers shall receive the pay and allowances of corporals of cavalry. The regimental commissary-sergeant shall receive the pay and allowances of regimental sergeant-major, and the regimental quartermaster-sergeant shall receive the pay and allowances of a sergeant of cavalry.

SEC. 9. And be it further enacted, That there shall be allowed to each regiment one chaplain, who shall be appointed by the regimental commander on the vote of the field officers and company commanders on duty with the regiment at the time the appointment shall be made. The chaplain so appointed must be a regular ordained minister of a Christian denomination, and shall receive the pay and allowances of a captain of cavalry, and shall be required to report to the colonel commanding the regiment to which he is attached, at the end of each quarter, the moral and religious condition of the regiment, and such suggestions as may conduce to the social happiness and moral improvement of the troops.

SEC. 10. And be it further enacted, That the general commanding a separate department or a detached army, is hereby authorized to appoint a military board or commission, of not less than three nor more than five officers, whose duty it shall be to examine the capacity, qualifications, propriety of conduct and efficiency of any commissioned officer of volunteers within his department or army, who may be reported to the board or commission; and upon such report, if adverse to such officer, and if approved by the President of the United States, the commission of such officer shall be vacated: Provided always, That no officer shall be eligible to sit on such board or commission, whose rank or promotion would in any way be affected by its proceedings, and two members at least, if practicable, shall be of equal rank of the officer being examined. And when vacancies occur in any of the companies of volunteers, an election shall be called by the colonel of the regiment to fill such vacancies, and the men of each company shall vote in their respective companies for all officers as high as captain, and vacancies above captain shall be filled by the votes of the commissioned officers of the regiment, and all officers so elected shall be commissioned by the respective Governors of the States, or by the President of the United States.

SEC. 11. And be it further enacted, That all letters written by soldiers in the service of the United States, may be transmitted through the mails without prepayment of postage, under such regulations as the Post-Office Department may prescribe, the postage thereon to be paid by the recipients.

SEC. 12. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and directed to introduce among the volunteer forces in the service of the United States, the system of allotment among the volunteer forces in the service of the United States, the system of allotment tickets now used in the navy, or some equivalent system by which the family of the volunteer may draw such portions of his pay as he may request.

APPRoved, July 22, 1861.

SOURCE: George P. Sanger, Editor, The Statutes at Large, Treaties, and Proclamations, of the United States of America from December 5, 1859 to March 3, 1863, Vol. 12, p. 268-71

An Act for Enrolling and Calling Out the National Forces, and for other Purposes, March 3, 1863

Whereas there now exist in the United States an insurrection and rebellion against the authority thereof, and it is, under the Constitution of the United States, the duty of the government to suppress insurrection and rebellion, to guarantee to each State a republican form of government, and to preserve the public tranquillity; and whereas, for these high purposes, a military force is indispensable, to raise and support which all persons ought willingly to contribute; and whereas no service can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and Union, and the consequent preservation of free government: Therefore —

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of twenty and forty-five years, except as hereinafter excepted, are hereby declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States when called out by the President for that purpose.

Sec. 2. And be it further enacted, That the following persons be, and they are hereby, excepted and exempt from the provisions of this act, and shall not be liable to military duty under the same, to wit: Such as are rejected as physically or mentally unfit for the service; also, First the Vice-President of the United States, the judges of the various courts of the United States, the heads of the various executive departments of the government, and the governors of the several States. Second, the only son liable to military duty of a widow dependent upon his labor for support. Third, the only son of aged or infirm parent or parents dependent upon his labor for support. Fourth, where there are two or more sons of aged or infirm parents subject to draft, the father, or, if he be dead, the mother, may elect which son shall be exempt. Fifth, the only brother of children not twelve years old, having neither father nor mother dependent upon his labor for support. Sixth, the father of motherless children under twelve years of age dependent upon his labor for support. Seventh, where there are a father and sons in the same family and household, and two of them are in the military service of the United States as noncommissioned officers, musicians, or privates, the residue of such family and household, not exceeding two, shall be exempt. And no persons but such as are herein excepted shall be exempt: Provided, however, That no person who has been convicted of any felony shall be enrolled or permitted to serve in said forces.

Sec. 3. And be it further enacted, That the national forces of the United States not now in the military service, enrolled under this act, shall be divided into two classes: the first of which shall comprise all persons subject to do military duty between the ages of twenty and thirty-five years, and all unmarried persons subject to do military duty above the age of thirty-five and under the age of forty-five; the second class shall comprise all other persons subject to do military duty, and they shall not, in any district, be called into the service of the United States until those of the first class shall have been called.

Sec. 4. And be it further enacted, That, for greater convenience in enrolling, calling out, and organizing the national forces, and for the arrest of deserters and spies of the enemy, the United States shall be divided into districts, of which the District of Columbia shall constitute one, each territory of the United States shall constitute one or more, as the President shall direct, and each congressional district of the respective states, as fixed by a law of the state next preceding the enrolment, shall constitute one: Provided, That in states which have not by their laws been divided into two or more congressional districts, the President of the United States shall divide the same into so many enrolment districts as he may deem fit and convenient.

Sec. 5. And be it further enacted, That for each of said districts there shall be appointed by the President a provost-marshal, with the rank, pay, and emoluments of a captain of cavalry, or an officer of said rank shall be detailed by the President, who shall be under the direction and         subject to the orders of a provost-marshal-general, appointed or detailed by the President of the United States, whose office shall be at the seat of government, forming a separate bureau of the War Department, and whose rank, pay, and emoluments shall be those of a colonel of cavalry.

Sec. 6. And be it further enacted, That it shall be the duty of the provost-marshal-general, with the approval of the Secretary of War, to make rules and regulations for the government of his subordinates; to furnish them with the names and residences of all deserters from the army, or any of the land forces in the service of the United States, including the militia, when reported to him by the commanding officers; to communicate to them all orders of the President in reference to calling out the national forces; to furnish proper blanks and instructions for enrolling and drafting; to file and preserve copies of all enrolment lists; to require stated reports of all proceedings on the part of his subordinates; to audit all accounts connected with the service under his direction; and to perform such other duties as the President may prescribe in carrying out the provisions of this act.

SEC. 7. And be it further enacted, That it shall be the duty of the marshals. provost-marshals to arrest all deserters, whether regulars, volunteers, militiamen, or persons called into the service under this or any other act of Congress, wherever they may be found, and to send them to the nearest military commander or military post; to detect, seize, and confine spies of the enemy, who shall without unreasonable delay be delivered to the custody of the general commanding the department in which they may be arrested, to be tried as soon as the exigencies of the service permit; to obey all lawful orders and regulations of the provost-marshal-general, and such as may be prescribed by law, concerning the enrolment and calling into service of the national forces.

SEC. 8. And be it further enacted, That in each of said districts there  shall be a board of enrolment, to be composed of the provost-marshal, as president, and two other persons, to be appointed by the President of the United States, one of whom shall be a licensed and practising physician and surgeon.

SEC. 9. And be it further enacted, That it shall be the duty of the said board to divide the district into sub-districts of convenient size, if they shall deem it necessary, not exceeding two, without the direction of the Secretary of War, and to appoint, on or before the tenth day of March next, and in each alternate year thereafter, an enrolling officer for each sub-district, and to furnish him with proper blanks and instructions; and he shall immediately proceed to enrol all persons subject to military duty, noting their respective places of residence, ages on the first day of July following, and their occupation, and shall, on or before the first day of April, report the same to the board of enrolment, to be consolidated into one list, a copy of which shall be transmitted to the provost-marshal-general on or before the first day of May succeeding the enrolment: Provided, nevertheless, That if from any cause the duties prescribed by this section cannot be performed within the time specified, then the same shall be performed as soon thereafter as practicable.

SEC. 10. And be it further enacted, That the enrolment of each class shall be made separately, and shall only embrace those whose ages shall be on the first day of July thereafter between twenty and forty-five years.

SEC. 11. And be it further enacted, That all persons thus enrolled shall be subject, for two years after the first day of July succeeding the enrolment, to be called into the military service of the United States, and to continue in service during the present rebellion, not, however, exceeding the term of three years; and when called into service shall be placed on the same footing, in all respects, as volunteers for three years, or during the war, including advance pay and bounty as now provided by law.

SEC. 12. And be it further enacted, That whenever it may be necessary to call out the national forces for military service, the President is hereby authorized to assign to each district the number of men to be furnished by said district; and thereupon the enrolling board shall, under the direction of the President, make a draft of the required number, and fifty per cent. in addition, and shall make an exact and complete roll of the names of the persons so drawn, and of the order in which they were drawn, so that the first drawn may stand first upon the said roll, and the second may stand second, and so on; and the persons so drawn shall be notified of the same within ten days thereafter, by a written or printed notice, to be served personally or by leaving a copy at the last place of residence, requiring them to appear at a designated rendezvous to report for duty. In assigning to the districts the number of men to be furnished therefrom, the President shall take into consideration the number of volunteers and militia furnished by and from the several states in which said districts are situated, and the period of their service since the commencement of the present rebellion, and shall so make said assignment as to equalize the numbers among the districts of the several states, considering and allowing for the numbers already furnished as aforesaid and the time of their service.

SEC. 13. And be it further enacted, That any person drafted and notified to appear as aforesaid, may, on or before the day fixed for his appearance, furnish an acceptable substitute to take his place in the draft; or he may pay to such person as the Secretary of War may authorize to receive it, such sum, not exceeding three hundred dollars, as the Secretary may determine, for the procuration of such substitute; which sum shall be fixed at a uniform rate by a general order made at the time of ordering a draft for any state or territory; and thereupon such person so furnishing the substitute, or paying the money, shall be discharged from further liability under that draft. And any person failing to report after due service of notice, as herein prescribed, without furnishing a substitute, or paying the required sum therefor, shall be deemed a deserter, and shall be arrested by the provost-marshal and sent to the nearest military post for trial by court-martial, unless, upon proper showing that he is not liable to do military duty, the board of enrolment shall relieve him from the draft.

SEC. 14. And be it further enacted, That all drafted persons shall, on arriving at the rendezvous, be carefully inspected by the surgeon of the board, who shall truly report to the board the physical condition of each one; and all persons drafted and claiming exemption from military duty on account of disability, or any other cause, shall present their claims to be exempted to the board, whose decision shall be final.

SEC. 15. And be it further enacted, That any surgeon charged with the duty of such inspection who shall receive from any person whomsoever any money or other valuable thing, or agree, directly or indirectly, to receive the same to his own or another's use for making an imperfect inspection or a false or incorrect report, or who shall wilfully neglect to make a faithful inspection and true report, shall be tried by a court-martial, and, on conviction thereof, be punished by fine not exceeding five hundred dollars nor less than two hundred, and be imprisoned at the discretion of the court, and be cashiered and dismissed from the service.

SEC. 16. And be it further enacted, That as soon as the required number of able-bodied men liable to do military duty shall be obtained from the list of those drafted, the remainder shall be discharged; and all drafted persons reporting at the place of rendezvous shall be allowed travelling pay from their places of residence; and all persons discharged at the place of rendezvous shall be allowed travelling pay to their places of residence; and all expenses connected with the enrolment and draft, including subsistence while at the rendezvous, shall be paid from the appropriation for enrolling and drafting, under such regulations as the President of the United States shall prescribe; and all expenses connected with the arrest and return of deserters to their regiments, or such other duties as the provost-marshal shall be called upon to perform, shall be paid from the appropriation for arresting deserters, under such regulations as the President of the United States shall prescribe: Provided, The provost-marshals shall in no case receive commutation for transportation or for fuel and quarters, but only for forage, when not furnished by the government, together with actual expenses of postage, stationery, and clerk hire authorized by the provost-marshal-general.

SEC. 17. And be it further enacted, That any person enrolled and drafted according to the provisions of this act who shall furnish an acceptable substitute, shall thereupon receive from the board of enrolment a certificate of discharge from such draft, which shall exempt him from military duty during the time for which he was drafted; and such substitute shall be entitled to the same pay and allowances provided by law as if he had been originally drafted into the service of the United States.

SEC. 18. And be it further enacted, That such of the volunteers and militia now in the service of the United States as may reënlist to serve one year, unless sooner discharged, after the expiration of their present term of service, shall be entitled to a bounty of fifty dollars, one half of which to be paid upon such reënlistment, and the balance at the expiration of the term of reënlistment; and such as may reënlist to serve for two years, unless sooner discharged, after the expiration of their present term of enlistment, shall receive, upon such reënlistment, twenty-five dollars of the one hundred dollars bounty for enlistment provided by the fifth section of the act approved twenty-second of July, eighteen hundred and sixty-one, entitled “An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property.”

SEC. 19. And be it further enacted, That whenever a regiment of volunteers of the same arm, from the same State, is reduced to one half the maximum number prescribed by law, the President may direct the consolidation of the companies of such regiment: Provided, That no company so formed shall exceed the maximum number prescribed by law. When such consolidation is made, the regimental officers shall be reduced in proportion to the reduction in the number of companies.

SEC. 20. And be it further enacted, That whenever a regiment is reduced below the minimum number allowed by law, no officers shall be appointed in such regiment beyond those necessary for the command of such reduced number.

SEC. 21. And be it further enacted, That so much of the fifth section of the act approved seventeenth July, eighteen hundred and sixty-two, entitled, “An act to amend an act calling forth the militia to execute the laws of the Union,” and so forth, as requires the approval of the President to carry into execution the sentence of a court-martial, be, and the same is hereby, repealed, as far as relates to carrying into execution the sentence of any court-martial against any person convicted as a spy or deserter, or of mutiny or murder; and hereafter sentences in punishment of these offences may be carried into execution upon the approval of the commanding-general in the field.

SEC. 22. And be it further enacted, That courts-martial shall have power to sentence officers who shall absent themselves from their commands without leave, to be reduced to the ranks to serve three years or during the war.

SEC. 23. And be it further enacted, That the clothes, arms, military outfits, and accoutrements furnished by the United States to any soldier, shall not be sold, bartered, exchanged, pledged, loaned, or given away; and no person not a soldier, or duly authorized officer of the United States, who has possession of any such clothes, arms, military outfits, or accoutrements, furnished as aforesaid, and which have been the subjects of any such sale, barter, exchange, pledge, loan, or gift, shall have any right, title, or interest therein; but the same may be seized and taken wherever found by any officer of the United States, civil or military, and shall thereupon be delivered to any quartermaster, or other officer authorized to receive the same ; and the possession of any such clothes, arms, military outfits, or accoutrements, by any person not a soldier or officer of the United States, shall be primâ facie evidence of such a sale, barter, exchange, pledge, loan, or gift, as aforesaid.

SEC. 24. And be it further enacted, That every person not subject to the rules and articles of war who shall procure or entice, or attempt to procure or entice, a soldier in the service of the United States to desert; or who shall harbor, conceal, or give employment to a deserter, or carry him away, or aid in carrying him away, knowing him to be such; or who deserters, shall purchase from any soldier his arms, equipments, ammunition, uniform, clothing, or any part thereof; and any captain or commanding officer of any ship or vessel, or any superintendent or conductor of any railroad, or any other public conveyance, carrying away any such soldier as one of his crew or otherwise, knowing him to have deserted, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding five hundred dollars, and he shall be imprisoned not exceeding two years nor less than six months.

SEC. 25. And be it further enacted, That if any person shall resist any draft of men enrolled under this act into the service of the United States, or shall counsel or aid any person to resist any such draft; or shall assault or obstruct any officer in making such draft, or in the performance of any service in relation thereto; or shall counsel any person to assault or obstruct any such officer, or shall counsel any drafted men not to appear at the place of rendezvous, or wilfully dissuade them from the performance of military duty as required by law, such person shall be subject to summary arrest by the provost-marshal, and shall be forthwith delivered to the civil authorities, and, upon conviction thereof, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding two years, or by both of said punishments.

SEC. 26. And be it further enacted, That, immediately after the passage of this act, the President shall issue his proclamation declaring that all soldiers now absent from their regiments without leave may return within a time specified to such place or places as he may indicate in his proclamation, and be restored to their respective regiments without punishment, except the forfeiture of their pay and allowances during their absence; and all deserters who shall not return within the time so specified by the President shall, upon being arrested, be punished as the law provides.

SEC. 27. And be it further enacted, That depositions of witnesses residing beyond the limits of the state, territory, or district in which military courts shall be ordered to sit, may be taken in cases not capital by either party, and read in evidence; provided the same shall be taken upon reasonable notice to the opposite party, and duly authenticated.

SEC. 28. And be it further enacted, That the judge advocate shall have power to appoint a reporter, whose duty it shall be to record the proceedings of and testimony taken before military courts instead of the judge advocate; and such reporter may take down such proceedings and testimony in the first instance in short-hand. The reporter shall be sworn or affirmed faithfully to perform his duty before entering upon it.

SEC. 29. And be it further enacted, That the court shall, for reasonable cause, grant a continuance to either party for such time and as often as shall appear to be just; Provided. That if the prisoner be in close confinement, the trial shall not be delayed for a period longer than sixty days.

SEC. 30. And be it further enacted, That in time of war, insurrection, or rebellion, murder, assault and battery with an intent to kill, manslaughter, mayhem, wounding by shooting or stabbing with an intent to commit murder, robbery, arson, burglary, rape, assault and battery with an intent to commit rape, and larceny, shall be punishable by the sentence of a general court-martial or military commission, when committed by persons who are in the military service of the United States, and subject to the articles of war; and the punishments for such offences shall never be less than those inflicted by the laws of the state, territory, or district in which they may have been committed.

SEC. 31. And be it further enacted, That any officer absent from duty with leave, except for sickness or wounds, shall, during his absence, receive half of the pay and allowances prescribed by law, and no more; and any officer absent without leave shall, in addition to the penalties prescribed by law or a court-martial, forfeit all pay or allowances during such absence.

SEC. 32. And be it further enacted, That the commanders of regiments and of batteries in the field, are hereby authorized and empowered to grant furloughs for a period not exceeding thirty days at any one time to five per centum of the non-commissioned officers and privates, for good conduct in the line of duty, and subject to the approval of the commander of the forces of which such non-commissioned officers and privates form a part.

SEC. 33. And be it further enacted, That the President of the United States is hereby authorized and empowered, during the present rebellion, to call forth the national forces, by draft, in the manner provided for in this act.

SEC. 34. And be it further enacted, That all persons drafted under the provisions of this act shall be assigned by the President to military duty in such corps, regiments, or other branches of the service as the exigencies of the service may require.

SEC. 35. And be it further enacted, That hereafter details to special service shall only be made with the consent of the commanding officer of forces in the field; and enlisted men, now or hereafter detailed to special service, shall not receive any extra pay for such services beyond that allowed to other enlisted men.

SEC. 36. And be it further enacted, That general orders of the War Department, numbered one hundred and fifty-four and one hundred and sixty-two, in reference to enlistments from the volunteers into the regular service, be, and the same are hereby, rescinded; and hereafter no such enlistments shall be allowed.

SEC. 37. And be it further enacted, That the grades created in the cavalry forces of the United States by section eleven of the act approved seventeenth July, eighteen hundred and sixty-two, and for which no rate of compensation has been provided, shall be paid as follows, to wit: Regimental commissary the same as regimental quartermaster; chief trumpeter the same as chief bugler; sad[d]ler-sergeant the same as regimental commissary-sergeant; company commissary-sergeant the same as company quartermaster's-sergeant: Provided, That the grade of supernumerary second lieutenant, and two teamsters for each company, and one chief farrier and blacksmith for each regiment, as allowed by said section of that act, be, and they are hereby, abolished; and each cavalry company may have two trumpeters, to be paid as buglers; and each regiment shall have one veterinary surgeon, with the rank of a regimental sergeant-major, whose compensation shall be seventy-five dollars per month.

Sec. 38. And be it further enacted, That all persons who, in time of war or of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies, in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be triable by a general court-martial or military commission, and shall, upon conviction, suffer death.

APPRoved, March 3, 1863.

SOURCE: George P. Sanger, Editor, The Statutes at Large, Treaties, and Proclamations, of the United States of America from December 5, 1859 to March 3, 1863, Vol. 12, p. 731-7